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 case of taking revenge by the husband against the wife since he was aggrieved by the action of the wife moving an application seeking maintenance, remarked a Supreme Court bench while quashing a complaint filed by a man accusing his wife of ‘cheating’ him.

 SC Stays Execution Of Death Sentence In A 9-Year-Old Girl Rape And Murder Case

The Supreme Court, on Tuesday, stayed the execution of death penalty of a man accused of rape and murder Of 9-Yr-Old Girl. The Bench headed by the Chief Justice of India Dipak Misra granted leave in the Special Leave Petition filed by the accused against the Kerala High court judgment that had confirmed the death sentence. Records have been called for.

SC Directs Gujarat Govt. To Pay Rs. 3Lakh Compensation To An Injured Victim, Sets Aside Compensation To Hostile Witness

The Supreme Court directed the Gujarat Government to pay Rs. 3,00,000/- (Rupees three lakhs) compensation to Nasibulla Habibulla , an injured victim in the Best Bakery case within a period of six weeks.

 SC Stays Unconditional Stay On Arbitral Award Against West Bengal

The Supreme Court recently stayed the unconditional stay granted on an arbitral award by a lower court. The petitioner, Pam Developments Pvt. Ltd. had challenged an order passed on 4 August by the District Judge, Purba Medinipur, West Bengal, granting an unconditional stay on the operation of an arbitral award to the tune of Rs. 1.77 crore issued against the State of West Bengal.

 Bhima Koregaon: SC Extends House Arrest Of Activists Till Sept 12, Justice Chandrachud Pulls Up Maha Police For Holding Press Meet Over Sub-Judice Matter

The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Thursday extended the house arrest of the five activists accused in connection with the Bhima-Koregaon violence until September 12. The bench also warned the police to be cautious on their dealings with the press in respect of the matter.

SC Upholds Delhi HC Order Granting Bail To Neeraj Singal, Stays Other Parts Of The Order

Although not interfering with the interim bail granted to Neeraj Singhal, Bhushan Steel’s former promoter, the Supreme Court on Tuesday stayed the other observations in the August 29 order of the Delhi High Court and transferred the matter to itself.

Supervise Probe In Hapur Lynching Case: SC To Hapur IGP

The Hapur lynching case took a new twist today when the Supreme Court directed IGP of Meerut range to supervise the ongoing probe and directed him to follow the guidelines it issued in a recent judgment on how to deal with such incidents.

No Appeal Against Decree/Order In ‘Section 6 Suit’ For Recovery Of Possession, SC Reminds Courts

The Supreme Court, while dismissing a special leave petition, reminded the courts that ‘Section 6 Suit’ is of summary nature and no appeal lies against it.

Malegaon Blast: SC Refuses To Entertain Lt Col Purohit’s Plea For SIT Probe Into His “Custodial Torture”

Supreme Court on Tuesday refused to entertain a petition filed by Lt Col Shrikant Purohit, accused in Malegaon blast case for a SIT probe into his “illegal detention” and “custodial torture”.

 SC Censures Bihar Govt. For “Facetious” Explanation On Delay In Medical College Admissions; Orders Enquiry

The Supreme Court on Thursday came down heavily on the State of Bihar for delaying the admissions to medical colleges and granted 48 hours to the Bihar Combined Entrance Competitive Examination Board (BCECEB) to select the students for allotment of seats for first-year MBBS Course at private medical colleges.

 Mob Lynching: SC Sternly Directs States To File Compliance Reports Within A Week

On Friday, the Supreme Court directed the defaulting states to file compliance reports with regard to its July 17 judgment on guidelines to prevent mob lynching and cow vigilantism. The Court’s sternness was clear from the fact that it directed the personal appearance of Home Secretaries upon further default to ensure compliance.

 SC Issues Notice On Petitions Challenging Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018

The Supreme Court bench of Justices A. K. Sikri and Ashok Bhushan on Friday issued notice to the Centre on a string of petitions challenging the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018.

SC Refuses To Entertain Plea Challenging Ajit Jogi’s Caste Status

The Supreme Court Friday refused to entertain a plea against the decision of the Chhattisgarh High Court which had rejected the findings of a committee on the caste of former chief minister Ajit Jogi.

“2,280 Km Of Delhi Roads Encroached, Almost Distance From Here To Kanyakumari”

The Bench of Justices Madan B Lokur and Deepak Gupta on Friday expressed shock that over 2,200 kilometers of streets and footpaths have been encroached upon in the national capital, whose length is almost like traveling from here  to Kanyakumari.