Supreme Court Weekly Round-Up

SC Strikes Down 157 Year Old Law Criminalizing Consensual Homo-Sexual Acts Between Adults; Holds Section 377 IPC Unconstitutional To That Extent (Navtej Singh Johar & Ors V. Union Of India)In a landmark Judgment, Supreme Court of India struck down a 157-year-old law which criminalizes consensual homosexual acts between adults. The Five Judge Bench has declared Section 377 IPC unconstitutional, insofar as it criminalises consensual sexual acts of adults in private. Chief Justice Dipak Misra said it is a unanimous verdict expressed through four separate but concurring judgments.Contempt Action Without Framing Of Charges Not Sustainable (R.S. Sehrawat V.Rajeev Malhotra & Ors.)The Supreme Court set aside the conviction and sentence imposed by the Delhi High Court under the contempt of Court Act 1971, holding, inter-alia, that formal charges were not framed against the person. The Division Bench of Chief Justice Dipak Misra and Justice A M Khanwilkar was considering appeal filed by on R.S Sehrawat, who was working as a Junior Engineer at the Municipal Corporation of Delhi.SC Says Oath Administered To Army Personnel Says They Will Serve Wherever Ordered, Dismisses Petition Challenging Posting Orders (Maj. Amod Kumar V. Union of India & Anr) The Supreme Court dismissed the petition of three Army personnel from the Army Service Corp (ASC), a “non-operational” unit, challenging their posting to “operational unit” as it held that there was no violation of fundamental right and as per the oath administered to all Army personnel, irrespective of the service to which they are commissioned, personnel are duty bound to serve wherever they are ordered to.Writ Of Habeas Corpus Not Maintainable If Police Custody Is Pursuant To Judicial Order (State of Maharashtra vs. Tasneem Rizwan Siddiquee)The Supreme Court reiterated that no writ of habeas corpus could be issued in respect of a person who was in police custody in connection with a criminal case under investigation pursuant to a remand order by Magistrate.Petition Seeking Ban On Malayalam Novel “Meesha” Dismissed (N.Radhakrishnan @ Radhakrishnan Varenickal V. Union of India & Ors.)Supreme Court on Wednesday dismissed a petition seeking ban on a Malayalam novel ‘Meesha’ The bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar was hearing a petition alleging that the novel ‘Meesha’, which was being published in a serialised form in the Malayalam weekly “Mathrubhumi” before it was discontinued following the controversy, described temple going women in an obscene manner, causing insult to Hindu women. It also claimed that the comments of the author about Brahmins who perform puja in the temple amount to casteist/racial slur.SC Stresses On Need To Develop And Recognize ‘Democratic Policing’ Concept; Enhances Punishment To Cops Involved In Custodial Torture Case (Yashwant vs. State of Maharashtra)While upholding the conviction of some police officers involved in a custodial torture which led to the death of a man, the Supreme court stressed on the need to develop and recognize the concept of democratic policing’ wherein crime control is not the only end, but the means to achieve this order is also equally important.DRT Presiding Officers Serving As On Sept 1, 2016, Entitled To Complete Term Until They Attain Age Of 65 (Gottumukkala Venkata Krishamraju vs. Union of India)The Supreme Court held that Presiding Officers of Debt Recovery Tribunals (DRTs), who were serving as on September 1, 2016 i.e., the date when the 2016 amendment of Recovery of Debts and Bankruptcy Act became enforceable, are entitled to complete the term of five years taking advantage of the amended provision which allows them to continue until attaining the age of 65 years.When Can Appeals Be Dismissed As ‘Not Pressed’ And ‘As Withdrawn’, SC Explains (Mysore Urban Development Authority vs. K.M. Chikkathayamma)While restoring the writ appeals which were dismissed by the Karnataka High Court as ‘not pressed’, the Supreme Court explained when, and when not, to dismiss appeals as withdrawn. All-Women SC Bench Convicts Teacher Who Assaulted Class-II Student Leading To Vision Loss In Left Eye (C.R. Kariyappa V. state Of Karnataka)An all Women bench of the Apex Court which sat on September 5, delivered a judgment convicting a school teacher whose assault on a second standard student resulted in loss of vision in the left eye of the latter.Railways Empowered To Frame Its Own Rules To Lay Down Service Conditions Of Its Employees (Prabhat Ranjan Singh vs. R.K. Kushwaha)Calling shots to a legal battle between promotees and direct recruits, the Supreme Court held that the Railways is not bound by the memorandum issued by the Department of Personnel and Training (DoPT) and are empowered to frame its own rules to lay down the service conditions of its employees. ‘Classic Case’ Of Revenge By The Husband Against The Wife: SC Quashes ‘Cheating’ Complaint Filed By Husband This is a classic...

Supreme Court Weekly Round-Up

Ashok Kini

Tags