Supreme Court Weekly Round-Up

‘Right To Change Of Faith Is Part Of Fundamental Right Of Choice’The Supreme Court on Monday delivered a detailed judgment in the Hadiya case, almost a month after it set aside the Kerala High Court judgment calling Hadiya’s marriage to Shafin Jahan a “sham”, and annulling it, while directing her return to the protective custody of her Hindu parents.SC Re-affirms Superiority Of CJI, Dismisses Plea Against “Arbitrary” Allocation Of Work To Benches & Constitution Of Benches Reaffirming the superiority of the Chief Justice, the Supreme Court on Wednesday dismissed a petition which questioned the unilateral power of the CJI to constitute benches “arbitrarily” and allocate work to different benches and which sought framing of proper rules for it.Transfer Petitions: Convenience Of One Party Can’t Override That Of Prosecution, Other Accused, Witnesses And Larger Interest Of SocietyThe Supreme Court made an important observation with regard to transfer petition seeking transfer of criminal cases that ‘convenience of the parties’ does not mean the convenience of the petitioner alone who approaches the court seeking transfer, but also the convenience of the prosecution, other accused, the witnesses and the larger interest of the society.SC Upholds Conviction Of Man Accused Of Brutal Murder Of A Person Who Ventured to Depose Against Him, Acquits Co-AccusedThe Supreme Court upheld the conviction of a man accused of the brutal murder of a person allegedly to prevent him from deposing against him in a railway property theft case. The bench of Justice Ranjan Gogoi and Justice Mohan M Shantanagoudar acquitted four surviving co-accused (two had died after their conviction by the trial court) in the case observing that no specific or reliable evidence has come on record.SC Bench Settles Long Pending Dispute Between Two Wives Of Deceased Police ConstableThe Supreme Court Bench headed by Justice Kurian Joseph is known for prompting fighting litigants to put an end to disputes. This time, the bench made two wives of a deceased police constable to settle a decade-long dispute regarding the death benefit and claim for compassionate appointment.Alleged Defamatory Statements Shall Have Reasonable Connection With The Discharge Of Public Duties By CM To Invoke Section 199(2) CrPC ProceedingsThe Supreme Court, invoking its inherent powers under Article 142 of the Constitution, closed criminal proceedings against a chief spokesperson of the Congress party in Madhya Pradesh accused of making defamatory statements against the Chief Minister of the State, in a press meet.Chairman Of State Electricity Regulatory Commission Need Not Mandatorily Be A High Court JudgeThe Supreme Court, on Thursday, ruled that it is not mandatory to appoint a High Court Judge as the Chairperson of the State Electricity Regulatory Commission (SERC), which determines power tariff in the States.Detention Order Can’t Be Quashed Merely For Not Providing Period Of Detention Reiterating that an order of detention cannot be quashed merely on the basis that no period of detention was provided in the order, the Supreme Court set aside a Madras High Court order that had followed an earlier two-judge bench decision of the apex court which stands overruled by another three-judge bench.Right To Practice Medical Profession Is Subject To Right To Life And Proper Health Care Of Patients: Plea Of Parampara Vaidyas DismissedThe Supreme Court upheld a 2003 Kerala High Court judgment that held that persons who do not fulfill the prescribed qualifications and are not duly registered under the relevant statute cannot be permitted to practise as Paramparya Vaidyas.CGHS-Medical Claim Can’t Be Denied Merely Because Treatment Was In Non-Empanelled HospitalGood news for all the retired Central Government employees is that the Supreme Court took serious note of the slow and tardy pace of disposal of medical reimbursement claims under the Central Government Health Scheme in case of pensioner beneficiaries and said after submitting the relevant papers for claim by a pensioners, the same shall be reimbursed within a period of one month.Cauvery Contempt Plea: SC Pulls Up Centre For Not Framing The Scheme As Per The Judgment, Directs To Submit Draft Plan By May 3The Supreme Court on Monday reprimanded the Centre for not having complied with its February 16 verdict in the Cauvery river water dispute for framing of the scheme under section 6A of the Interstate river disputes act of 1956.‘Trial Court Records Destroyed When Appeal Before High Court Was Pending’: SC Asks HC Registrar General To Verify AllegationsThe Supreme Court directed the Registrar General of the High Court of Karnataka to verify a strange allegation made by the appellant’s counsel during hearing of a Special Leave Petition that the trial court’s record was destroyed when the appeal itself was pending before the high court.Rohingya Case: SC Asks Haryana, Delhi Govts To File Detailed Report On Living Conditions In Refugee...

Supreme Court Weekly Round-Up

Ashok K.M

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