Supreme Court Weekly Round Up, July 5 To July 11, 2021

JUDGMENTS THIS WEEK1. 'Delhi Can Ill-Afford Another Riots; Role Of Facebook Must Be Looked Into': Supreme Court Upholds Delhi Assembly SummonsTitle : Ajit Mohan & Others vs Legislative Assembly, National Capital Territory of Delhi and others Citation : LL 2021 SC 288The Supreme Court has refused to quash the summons issued to Facebook India Managing Director Ajit Mohan by the Peace...

'Non-Serious In Arguments': Allahabad High Court Declines To Hear Advocate Standing In 'Noisy & Hustling Area'

The Allahabad High Court last week 'consciously' declined to hear an advocate appearing for the complainant in a bail hearing who was standing in "some noisy and hustling area" and thus, the Court was finding it extremely difficult to gather anything as to what he was arguing.The Bench of Justice Rahul Chaturvedi, however, went ahead to hear the matter with the aid and help of the A.G.A.,...

Supreme Court Refuses Pre-Arrest Bail To Man Accused Of Making Objectionable Facebook Post Against Smrit Irani

The Supreme Court on Friday refused to entertain a petition filed by a man seeking anticipatory bail in an FIR registered by the UP Police over a Facebook post with alleged objectionable remarks against Union Minister Smriti Irani.A bench comprising Justices Sanjat Kishan Kaul and Hemant Gupta expressed disinclination to entertain the petition filed by one Shaharyar Ali, following which...

'Effort To Shield Real Culprits': Calcutta High Court Initiates Departmental Proceedings Against IO, Orders De Novo Probe

The Calcutta High Court on Friday while hearing a plea for quashing of charge sheet reprimanded the concerned Investigating Officer for conducting a 'biased, wholly misdirected and fully tainted' investigation in order to shield the actual offenders. Accordingly, departmental proceedings were initiated against the Investigating Officer and the Court directed a separate police department...

States, UTs Directed To Strictly Follow National Directives For Covid 19 Management Throughout Country: Centre Tells Delhi High Court

The Centre has informed the Delhi High Court that it has directed all the State and Union Territories to continue to strictly follow the 'National Directives for COVID-19 Management' throughout the Country. It has also stated that the Centre has also shared the framework for implementation of prompt and target action to be taken by the States. The development came after the Ministry of...

Permanent Lok Adalat Member Facing Serious Charges Can Be Suspended Even If No Suspension Provision Exists: Allahabad High Court

The Allahabad High Court has recently observed that merely because there is no specific provision to suspend a member of the Permanent Lok Adalat, it does not mean that one cannot be suspended even when there are such serious charges against him/her.The Bench of Justice Rajan Roy and Justice Saurabh Lavania was hearing a plea by one Kamlesh Kumar Dixit who challenged his suspension from...

Bombay High Court's First woman Judge, Sujata Manohar, Awarded 'Ruth Bader Ginsburg Medals Of Honour'

Justice (Retd) Sujata Manohar, former Supreme Court judge and the first female judge and Chief Justice of the Bombay High Court in 1994, has been awarded the 'Ruth Bader Ginsburg Medals of Honour,' instituted by the World Jurist Association and the World Law Foundation. Justice Manohar and seven other jurists from across the world were felicitated during an international meeting...

Special Bench: Allahabad High Court Sits On Sunday To Hear Habeas Corpus Petition

Pursuant to an order of the Acting Chief Justice of Allahabad High Court, a Special Bench was constituted today to hear a Habeas Corpus petition filed by a boy, through his Mother alleging that he had been abducted from his house and was kept in illegal detention in the torture room of a Police Station.Taking into account the stand of the Government Counsel, the Bench of Justice Pritinker...

Kerala High Court Stays Notice To Demolish Buildings In Lakshadweep For Alleged Encorachment Of Public Land

The Kerala High Court on Saturday stayed the show-cause notices issued to Lakshadweep inhabitants to demolish their buildings within 2 days on the ground that they were constructed on government land. Justice Sunil Thomas during the special sitting issued an interim order staying the operation of the aforementioned notices pending the disposal of the writ petition. The petitioners are...

Suit For Mandatory Injunction Maintainable Against Licensee To Vacate Property After Termination Of License : Kerala High Court

The Kerala High Court has held that a civil suit for mandatory injunction is maintainable against a licensee to vacate the property on termination of license, despite the availability of other modes of eviction."Merely because other modes of eviction are available to the plaintiff, the remedy by way of mandatory injunction cannot be denied. The owner of immovable property on termination of...

Is There A Fundamental Right To Drink Liquor? What Courts Have Held?

The Gujarat High Court recently reserved its order on the maintainability of a petition against the decades old liquor prohibition in the state. The challenge is made on the ground of emergence of the right to privacy in the year 2017, which the Petitioners argued was unavailable when the ban was first challenged in 1950. It is their primary contention that the right to...

Undertrial Prisoners Charged With Riot Cases, UAPA, PMLA, Etc. Not Entitled To Interim Bail Under HPC Guidelines: Chhattisgarh High Court

The Chhattisgarh High Court has observed that the undertrial prisoners who are facing trial for offences investigated by specialized agencies, cases involving riots, anti-national activities, UAPA etc., are not entitled for release under the High Powered Committee Guidelines. Relying on the relevant portions of the guidelines, Justice Narendra Kumar Vyas observed thus: "The under...