Supreme Court Weekly Round-Up

Prosecution For Offence Under Sec. 182 IPC Without Formal Complaint By Public Servant Void Ab InitioThe Supreme Court, in Saloni Arora vs. State, reiterated that in order to prosecute an accused for an offence punishable under Section 182 IPC, it is mandatory to follow the procedure prescribed under Section 195 of the Code else such action is rendered void ab initio.Notification Issued Under The Old Criminal Law Amendment Act Still ValidThe Supreme Court in Aires Rodrigues vs. Vishwajeet P Rane, held that a notification issued under Criminal Law Amendment Act of 1932, is still relevant and the notification with reference to old Code of Criminal Procedure of 1898 should be read as having been issued with reference to Code of Criminal Procedure, 1973.‘Spectrum Auction’ Challenge By Reliance, Airtel, Idea RejectedThe Supreme Court dismissed a plea by Reliance Communications, Bharti Airtel and Idea Cellular against the government’s 2015 auction of spectrum, observing that it could not perceive any arbitrariness or favouritism or exercise of power for any collateral purpose in the Notice Inviting Auction (NIA).Patna HC Order Upheld, Quashing ‘Compulsory Retirement’ Of Judicial Officer Without Any Disciplinary Enquiry The Supreme Court in High Court of Judicature at Patna vs. Ajay Kumar Srivastava, upheld a Patna High Court judgment, which had set aside an order of compulsory retirement of a district judge, on the ground that it was passed as ‘punishment’ without conducting disciplinary enquiry.SC Orders Auditing Of All NGOs; Directs Action Against DefaultersQuestioning the transparency in their functioning, the Supreme Court on Tuesday ordered compulsory audit by March 31, 2017 of nearly 30 lakh NGOs, most of them who receive funds worth crores of rupees from the government and abroad.SC Refuses To Stay Madras HC Judgment Quashing TN PSC AppointmentsThough it granted Leave to Appeal, the Supreme Court refused to stay the Madras High Court judgment which had quashed the appointment of 11 members to the Tamil Nadu Public Service Commission. A three-judge bench headed by Chief Justice of India JS Khehar said the state can enter a fresh selection process for members of Public Service commission.PIL Against IT Exemption To Political Parties On Voluntary Donations DismissedThe Supreme Court on Wednesday dismissed a PIL which sought quashing of a provision of the Income Tax (IT) Act which gave tax exemption to political parties on receiving voluntary contributions. Direction To Give Compassionate Appointment Several Years After Employee’s Death UnjustifiedIn a two page order, the Supreme Court set aside a high court and Central Administrative Tribunal order, observing that a direction to give compassionate appointment several years after death was not justified. Mallya’s Response On “Transfer” Of USD 40 Million SoughtThe Supreme Court on Wednesday asked liquor baron Vijay Mallya to file within three weeks his response to an allegation raised by a consortium of banks led by State Bank of India that he had transferred USD 40 million to his children in brazen violation of judicial orders.SC Refuses To Extend Roy’s Deadline; Warns To Jail Him AgainThe Supreme Court on Thursday took a serious note of Sahara chief Subrata Roy’s plea for extention of time to deposit Rs 600 crore saying he would have to go to jail in case of a default and did not pay up by February 6.SC Wants A Cell To Deal With Complaints Against TV, Radio ShowsThe Supreme Court recently asked the government to set up some statutory mechanism for redressal of complaints against contents of programmes dished out by private TV channels and radio stations. Prevention Of Custodial Torture: Sr Adv. Collin Gonsalves Appointed As Amicus Curiae The Supreme Court on Monday appointed Senior Advocate Collin Gonsalves to assist the court as amicus curiae in a PIL filed by former Union Law Minister Ashwani Kumar seeking the court’s intervention to ensure an effective and purposeful legislative framework/ laws and its enforcement to fulfil the constitutional promise of human dignity and prevention of custodial torture at all levels.Challenge To NHRC Selection Dismissed As BJP Vice President AvinashRai Khanna Withdraws His CandidatureThe Supreme Court bench of Justices Pinaki Chandra Ghose and RohintonFaliNariman on Monday dismissed as infructuous the writ petition filed by a NOIDA student, AnupriyaNagori, against the selection of the BJP Vice-President AvinashRai Khanna as Member, National Human Rights Commission, by the Selection Committee.This article has been made possible because of financial support from Independent and Public-Spirited Media Foundation.

Supreme Court Weekly Round-Up

Ashok KM

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