Supreme Court Weekly Round-Up

Supreme Court Weekly Round-Up

Two-Decade-Old Crime: Conviction Not To Be Interfered With Merely Because Accused Were Juveniles On The Date Of Commission Of Alleged Crime

Upholding the conviction of two accused who raised their plea of juvenility before the Supreme Court for the first time, the apex court said the validity of the conviction in respect of the incident which occurred almost two decades back ought to be decided in appeals and the entire of the proceedings including the punishment/sentence awarded should not be interfered with on the mere ground that the accused were juveniles on the date of commission of the alleged crime.

 Can’t Assume That Vehicle Was On Wrong Side Merely On The Basis Of Site Map Showing Its Position After Accident

The Supreme Court, in Mangla Ram vs. The Oriental Insurance Co. Ltd., while enhancing compensation in a motor accident claim case, observed that the spot marked in the sitemap where the motor vehicle was found lying after the accident cannot be the basis to assume that it was driven in or around that spot at the relevant time.

No Automatic Entitlement to Regular Bail Merely Because Accused Was Granted Anticipatory Bail

A three-judge bench of the Supreme Court observed that merely because an accused was under the protection of anticipatory bail granted under Section 438 CrPC that does not mean that he is automatically entitled to regular bail under Section 439 CrPC.

SC Stays Execution Of Death Sentence Of A Man Accused Of Rape And Murder Of 3-Year-Old Girl

The Supreme Court stayed the execution of the death sentence of a man accused of rape and murder of a 3-year-old girl. The Chhattisgarh High Court had dismissed the appeal filed by the accused who was found guilty by the trial court. It had also confirmed the death sentence awarded to him.

‘Assault On A Superior Officer Should Attract Severe Penalty’: SC Upholds Dismissal Of BSF Constable

The Supreme Court upheld the dismissal of a BSF constable from service for assaulting and injuring his superior officer, observing that assault on a superior officer should attract severe penalty. A bench of Justice Madan B Lokur and Justice Deepak Gupta set aside a Delhi High Court judgment that had altered the punishment of dismissal from service to stoppage of three increments and ordered his reinstatement.

 SC Issues Directions To Introduce Best Practices In Crime Scene Videography

In an important judgment, the Supreme Court observed that the time is ripe that steps are taken to introduce videography in an investigation, particularly for crime scene as desirable and acceptable best practice. A bench of Justice AK Goel and Justice RF Nariman accepted the suggestions mooted by the Committee of the Ministry of Home Affairs and said videography of crime scene during the investigation is of immense value in improving the administration of criminal justice.

27 Years On Death Row: SC Stays Execution Of Death Sentence Of Court-Martialed Army Man On His Wife’s Plea

The Supreme Court stayed the execution of death sentence awarded to a court-martialed Army Man on his wife plea that he has been languishing in jail without parole for 27 years.

We Are Not Against The Act, Innocents Should Not Be Punished: SC, No Stay For SC/ST Judgment

The Supreme Court bench of Justice Adarsh Kumar Goel and Justice U. U. Lalit, on the order of Chief Justice Dipak Misra, afforded an urgent hearing on the Centre’s Review Petition in its recent judgment in Dr. Subhash Kashinath Mahajan v. State of Maharashtra at 2 PM on Tuesday. The bench, however, refused to grant an immediate stay on the operation of the judgment, clarifying that compensation under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 may be paid to the victim immediately, even pending the Registration of the FIR.

SC Stays Kerala Professional Colleges (Regularization Of Admission In Medical Colleges) Ordinance 2017

The Supreme Court on Thursday stayed the Kerala Professional Colleges (Regularization of Admission in Medical Colleges) Ordinance 2017 [Ordinance No.21 of 2017], promulgated by the Kerala government to save admissions to Kannur Medical College and Karuna Medical College by nullifying judicial orders.

SC ‘Again’ Quashes Condition of Domicile for Admission to MD, MS & Post-Graduate Diplomas In Karnataka Colleges

Reiterating that imposing a ‘condition of domicile’ for admission to MD, MS and post-graduate diploma seats in State of Karnataka is invalid and unconstitutional, the Supreme Court quashed Clause 4.1 of the Information Bulletin (PGET-2018) to be invalid to the extent that it disqualifies candidates who completed their MBBS/BDS degree courses from colleges situated in Karnataka from competing for admission to post-graduate medical/dental courses in Government Medical Colleges and against government quota seats in non-governmental institutions.

Selection Process Conducted By State Selection Boards And PSCs Be Videographed

The Supreme Court mooted a suggestion to videograph selection process conducted by the selection bodies, especially the State Public Service Commissions and the State Selection Boards, as far as possible. A bench of Justice Adarsh Kumar Goel and Justice Rohinton Fali Nariman made this observation while dismissing a challenge against Meghalaya High Court order wherein it had found there were serious irregularities in the selection process of appointment of assistant teachers in government lower primary schools in the State of Meghalaya.

Ensure Individual Child Care Plans Are Implemented In Letter And Spirit: SC To Centre

The Supreme Court, on Tuesday, directed the Ministry of Women and Child Development to ensure that individual child care plans are implemented in “letter and spirit”.

 Veerappan No More, But Elephants Still Getting Killed:SC

Veerappan is dead and after that the number of elephants in southern states went up. But now they are getting killed due to accidents and other reasons, the Supreme Court said asking Centre to come up with suggestions like exclusive corridors to save the pachyderms across the country and prevent such fatalities.

SC Changes ‘Compulsory Retirement Date’ Of Judicial Officer Who Died During Pendency Of Writ Petition Filed By Him

The Supreme Court recently invoked its extraordinary jurisdiction under Article 142 of the Constitution, to give relief to the family of a district and sessions judge who died while his writ plea challenging compulsory retirement was pending before it.

SC Dismisses All Petitions Relating To CBSE Examination Paper Leak And Retest

The Supreme Court bench of Justice S. A. Bobde and Justice L. Nageswara Rao on Wednesday dismissed a string of writ petitions filed in the wake of the recent event of the leakage of the Economics and Mathematics question papers for the class 12 and 10 CBSE examinations respectively.

“Our Lungs Are Damaged. Now Children’s Lungs Will Be Damaged”, SC Slams Centre, Civic Agencies Again Over Unauthorised Constructions

The Centre, Delhi government and capital’s civic agencies once again came under fire from the Supreme Court in the sealing case today for their failure to prevent unauthorized constructions. The bench came down heavily on the Centre saying it was changing the Master Plan of Delhi-2021 at the drop of a hat to protect those who have committed illegalities by making unauthorized constructions.

SC Seeks Environment Ministry’s Response On Plea For Countrywide Cracker Ban

The Supreme Court on Friday sought a response in the form of an affidavit from the Ministry of Environment and Forests on a petition which sought a countrywide ban on crackers and a slew of other measures to curb pollution A bench of Justices A K Sikri and Ashok Bhushan asked the MOEF to file the affidavit by May 8, the next date of hearing.

 SC Directs 4 States To Pay 127 Crores To Tea Garden Workers Unpaid For 15 Years

The Supreme Court, on Wednesday, directed four States to make an interim payment of approximately Rs. 127 crores to tea garden workers whose legal dues had remained unpaid for over 15 years now. The Bench comprising Justice S.A. Bobde and Justice L.N. Rao directed the States of Assam, Kerala, Tamil Nadu and West Bengal to make the payments on a contempt petition filed by the International Union of Food Association and the Paschim Banga Khet Majdoor Samity.

SC Slams Adv For Making EC, PMO Respondents In PIL Regarding Murder Case Against Bihar CM Nitish Kumar

The Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar on Friday objected to the joinder as respondents of the Election Commission of India and the Prime Minister’s Office in a PIL filed by advocate ML Sharma seeking CBI investigation into the alleged manipulation of his election affidavits by Bihar Chief Minister Nitish Kumar with aid from the Chief Electoral Officer of Bihar.

Rejection Of Defamation Complaint Against Newspaper Allegedly Branding A Man As ‘Atakwadi’: SC To Hear Appeal

The Supreme Court expedited hearing of an appeal filed by a man against the rejection of his defamation complaint made against a newspaper editor and correspondent, for allegedly branding him as ‘atakwadi’.

 After Haryana Releases Water, SC Defers Hearing On Delhi Plea To April 16

The Supreme Court deferred to April 16, the hearing on a petition filed by Delhi’s Kejriwal government seeking a direction to Haryana to supply 450 cusecs of potable water daily to Wazirabad barrage for supply to Delhi to overcome an impending “water crisis” in the national capital.