Supreme Court Weekly Round Up

Supreme Court Weekly Round Up

Live Law reported the following judgments/orders of the Apex Court last week.

Ansal Brothers Sentencing modified 

The Supreme Court modified the sentence ofAnsal Brothers. According to the new order, if SushilAnsal and  GopalAnsal, the accused in the Uphaar Tragedy case, fails to pay Rs. 30 Crores each within three months from today, they will have to  undergo the sentence of rigorous imprisonment for  two more years.

Economic offences are crime against society

The Apex Court set aside a Delhi High Court order which had quashed the Criminal proceedings against an accused in an economic offence case on the ground that he had settled the amount with the bank. If the prosecution against the economic offenders are not allowed to continue, the entire community is aggrieved, the court said.

Order granting Compensation to accused quashed 

The Supreme Court has set aside the judgment (State of Rajasthan vs. JainudeenShekh and Anr.) passed by the trial court (which was affirmed by the Rajasthan High Court) granting compensation under Section 250 of the Cr.P.C.,  of an amount of Rs.1,50,000/- to each of the respondents who had been arraigned as accused for the offences punishable under Sections 8/21(B) and 8/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 on the ground that there was delay in obtaining the report from the Forensic Science Laboratory and further that the test showed that the seized items did not contain any contraband article and, therefore, they had suffered illegal custody.

Centre wins Legal battle against Ex Army Man 

Supreme Court allowed the Centre’s appeal against an Ex Army Man, quashing the Tribunal order which had entitled him to get disability pension The Court observed “Accident was not even remotely connected to his military duty and it falls in the domain of an entirely private act“

Other happenings

The Central government  told the Supreme Court through an affidavit that it is firmly against declaring political parties as public authorities and bringing them under the ambit of the Right to Information (RTI) Act.

An association of members belonging to the Jain community has filed a petition  before the Supreme Court seeking leave to appeal against the August 10 judgment of the Rajasthan High Court declaring the Jain ritual of ‘Santhara’  as not being an essential tenet of Jainism and holding it to be an offence punishable under section 306 and 309 IPC.

The Supreme Court on Monday gave CBI three weeks’ time to take over more than 212 cases which it said have been identified. The apex court also clarified that the investigating agency should also take over cases where chargesheets have been filed.

A Writ Petition has been filed by Gurgaon-based RTI activist SudhirYadav, urging the Court to implement the recent order of the Allahabad High Court, which had directed Uttar Pradesh Chief Secretary to ensure that children/wards of government officials/servants, those serving in the local bodies, representatives of people and judiciary, etc., send their wards to these schools. The Activist has prayed for the implementation of this order throughout India.

The Supreme Court on Monday rapped Bollywood’s make-up artists Association for charging Rs 1 lakh each for granting membership to woman make-up artist and hair dresser.

The Supreme Court on Wednesday stayed the proceedings under new ‘Certificate and Place of Practice (Verification) Rules, 2015’  which are pending before various High Courts. A Supreme Court bench of Justices Pinaki Chandra Ghose and R.K. Agrawal, during hearing of the Transfer Petition moved by Bar Council of India passed the following order “Issue notice. Dasti service, in addition, is permitted. In the meantime, no further steps be taken in the matters of  which are pending in the High Courts.”

SC suspended all proceedings against Italian Marines pending decision of ITLOS on Jurisdiction.

SC wonders if Gujarat Govt. can be asked to compensate 500 religious structures damaged during post-Godhra riots. Can a court direct the state to compensate or fund the restoration of places of worship damaged due to its alleged failure to maintain law and order? The Supreme Court on Wednesday began to hear a plea in which the Gujarat government has raised the question.

Supreme Court says public should not be asked to pay toll on NHs in bad shape; reduces the toll of a stretch by 20%.

SC admitted a Writ Petition, demanding a direction to make orders of church and ecclesiastical courts legally binding. The Petition had been filed by Clarence Pais, who is the former president of a Catholic association in Karnataka state.

Social Justice Bench of the Supreme Court comprising Justice M.B. Lokur and Justice U.U. Lalit yesterday rapped the Government for the disparity between formulating “wonderful” welfare schemes for children belonging to lower strata of the society and their implementation at the ground level. In another instance, the Courts also said  national policy on old age homes is 15 year old. You need to update it. So much has happened since 1999.”The court also said that revisiting the 1999 NPOP has become necessary in the wake of the enactment of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

A Supreme Court Bench headed by Justice J. Chelameswar has reportedly sought response from the Uttar Pradesh Government on a plea against a KhapPanchayat diktat for rape of two Dalit women. The Panchayat had ordered the two sisters to be raped and paraded naked after blackening their faces as retaliation to her brother eloping with a married girl from the upper-caste Jat community.

The Centre was directed by the Supreme Court to crack down on rape videos those are uploaded on social networking sites, especially those involving children.