Supreme Court Weekly Round-Up

SC Issues Directions To Prevent Misuse Of SC/ST Act, Govt.Servants Can’t Be Arrested Without Prior SanctionSupreme Court of India on Tuesday issued directions to prevent the misuse of provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 (SC/ST Act). A Two Judge Bench of Justices AK Goel and UU Lalit was examining the question whether there can be procedural safeguards so that provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (SC/ST) Act 1989 are not abused for extraneous considerations.Construction Workers Also Assist In Building The Nation, In Their Own Way: Important Directives issuedImparting a ‘symbolic justice’ to millions of construction workers in the country, the Supreme Court gave certain directives with regard to implementation of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (the BOCW Act) and the Building and Other Construction Workers‘ Welfare Cess Act, 1996 (the Cess Act).SC Quashes Magistrate Order That Refused To Dispense With Personal Appearance Of Accused Who Live 1750 Km Away From Trial Court The Supreme Court recently quashed a magistrate’s order refusing to dispense with the personal appearance of the accused who live thousands of miles away from the trial court, in a Section 498A case filed by a ladySecured Creditor Should Mandatorily Consider Debtor’s Representation Under S.13 (3A) Of SARFAESI ActThe Supreme Court, on Monday, held that while recovering secured property from Non-Performing Assets (NPAs), a secured creditor should mandatorily consider the debtor’s representation under Section 13 (3A), after the initiation of proceedings under Section 13 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Second FIR By Different Person Based On Different Allegations Not ProhibitedThe Supreme Court, in P Sreekumar v State of Kerala, held that there is no prohibition in law to file a second FIR in relation to the same incident, if it was not filed by the same person, who had filed the first FIR, as a counter-complaint, based on the allegations different from the allegations made in the first FIR.Don’t Force Govt Employees To Approach Court Claiming Gratuity: SC Tells StateIn a huge relief to a retired government employee who fought in courts for many years, against the employer-government which denied his legitimate claim for gratuity, the Supreme Court directed the state to pay it within three months. The bench comprising of Justice RK Agrawal and Justice AM Sapre, observed that the Gratuity Act, being a welfare legislation meant for the benefit of the employees, who serve their employer for a long time, it is the duty of the state to voluntarily pay the gratuity amount to the appellant rather than to force the employee to approach the court to get his genuine claim. It also imposed a cost of Rs. 25,000 on the state of Chhattisgarh for dragging the litigation.Try & Make Life After Retirement Easier For A Government Servant, SC Tells GoI While allowing an appeal preferred by the Union of India against a high court order that had favoured a retired railway employee, the Supreme Court recommended the Department of Personnel and Training of the Government of India to try and make life after retirement easier for a government servant. A bench headed by Justice Madan B Lokur recommended that an appropriate legislation be enacted by Parliament or applicable Pension Rules rather than a ‘khichdi of Instructions, Office Memoranda, Clarifications, Corrigenda and so on and so forth’.A Person Can’t Be Detained Through A Faulty And Illegal Process: SC Orders Release Of Champion SangmaThe Supreme Court ordered the release of “Champion Sangma” from custody by allowing his habeas corpus petition. Champion Sangma is alleged to be the leader of the Garo National Liberation Army. According to an Indian Express report, Champion Sangma, whose real name is Pakchara R Sangma, is a postgraduate in philosophy from the Northeastern Hills University, Shillong. He was recruited to the Meghalaya Police Service as a DSP in 2004. But he remained on probation till 2009, until one day he disappeared.“We Have ‘Comity Of Courts’”, Says SC; Dismisses Father’s Plea For Habeas Corpus Where Custody Is Assigned By Australian Court In an interesting instance of a habeas corpus writ petition instituted by the father of a 13-year-old girl, the Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar on Monday reasserted the principle of ‘Comity of Courts’.Any Harassment Of An Innocent Citizen, Irrespective Of Caste Or Religion, Is Against The Guarantee Of The ConstitutionThe Supreme Court, on Tuesday, observed that any harassment of an innocent citizen, irrespective of caste or religion, is against the guarantee of the Constitution and the Supreme Court must enforce such a guarantee.SC Restores Election...

Supreme Court Weekly Round-Up

Ashok K.M

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