Supreme Court Weekly Round-Up

Supreme Court Weekly Round-Up

Devotion Cannot Be Subjected To Gender Discrimination, SC Allows Women Entry In Sabarimala By 4:1 Majority; Lone Woman In The Bench Dissents [Indian Young Lawyers’ Association & Ors. V. State of Kerala & Ors.]

The Supreme Court delivered one of the most keenly awaited judgment in Sabarimala case. by a 4:1 majority, the Court has permitted entry of women of all age groups to the Sabarimala temple, holding that ‘devotion cannot be subjected to gender discrimination’. The lone woman in the bench, Justice Indu Malhotra, dissented.

 ‘Husband Is Not The Master Of Wife’, SC Strikes Down 158 Year Old Adultery Law Under Section 497 IPC [Joseph Shine V. Union of India]

The Supreme Court struck down 158 year old Section 497 of the Indian Penal Code, which criminalizes adultery, as unconstitutional. “Any provision of law affecting individual dignity and equality of women invites wrath of  constitution. It’s time to say that husband is not the master of wife. Legal soverignity of one sex over other sex is wrong”, read out Chief Justice Misra from the judgment written for himself and Justice A M Khanwilkar. The judgment held Section 497 to be “manifestly arbitrary”.

 Sections 33(2),47 & 57 Of Aadhaar Act Struck Down; National Security Exception Gone; Private Entities Cannot Demand Aadhaar Data [Justice K. S. Puttuswamy (Retd) & Another V. Union Of India and Others]

The judgment of Justice Sikri in the Aadhaar case struck down Sections 33(2) and 57 of the Aadhaar(Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016. The judgment authored by Justice A K Sikri, has concurrence of Chief Justice Dipak Misra and Justice A M Khanwilkar.

Sunlight Is The Best Disinfectant: SC Allows Live-Streaming Of Court Proceedings In Larger Public Interest [Swapnil Tripathi V. Supreme Court of India]

Supreme Court of India held that the Court proceedings shall be live-streamed in the larger public interest. The Bench has said that appropriate Rules in that regard will be framed soon under Article 145 of the Constitution of India.

 Not A Case Of Arrest For Dissent, SC Turns Down Plea For SIT In Bhima Koregaon Case By 2:1 Majority, Chandrachud.J Dissents [Romila Thapar & Ors. V. Union of India & Ors.]

The Supreme Court on Friday, in a majority judgment authored by Justice A. M. Khanwilkar on behalf of Chief Justice Dipak Misra and himself, declined the prayer for a SIT probe into the Bhima-Koregaon violence and the chain of events leading to it.

Place Of Arbitration Doesn’t Ipso Facto Assume The Status Of Seat [Union of India vs. Hardy Exploration and  Production (India) INC]

Explaining the difference between ‘Venue’, ‘Place’ and ‘Seat’ of Arbitration, the Supreme Court held that place of arbitration does not ipso facto assume the status of its seat. A three-judge bench comprising Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud observed that ‘venue’ cannot be equated with the seat of arbitration or place of arbitration which has a different connotation.

 Can’t Restrict MPs And MLAs From Practicing Law [Ashwini Kumar Upadhyay V. Union of India]

Supreme Court on Tuesday dismissed a petition seeking a declaration that a person cannot be permitted to perform the dual role of a lawyer and a legislator (MP/MLA). The three Judge Bench comprising Chief Justice of India Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud was pronouncing the Judgment on a petition filed by BJP leader and Advocate Ashwini Kumar Upadhyay.

 Stay Of Conviction By Appellate Court Will Remove The Disqualification Of Mps And MLAs U/S 8 Of RP Act [Lok Prahari through its General Secretary S. N. Shukla V. Election Commission of Inida & Ors.]

The Supreme Court on Wednesday affirmed that once the conviction of an MP or MLA has been stayed by the appellate court under section 389 of the Cr. P. C., the disqualification under sub-sections 1, 2 and 3 of Section 8 of the Representation of the People’s Act, 1951 will not operate.

Candidates Cannot Be Disqualified On Framing Of Charges In Criminal Case [Public Interest Foundation &Ors V. Union of India& Anr]

The five-judge Constitution Bench of the Supreme Court held that candidates cannot be disqualified merely because charges have been framed against them in a criminal case. The bench has urged the legislature to consider framing law to ensure decriminalisation of politics.

Fraud Not Necessary Element For Passing Off If The Defendant Has Imitated Or Adopted The Plaintiff’s Trademark

The Supreme Court observed that though passing off is, in essence, an action based on deceit, fraud is not a necessary element of a right of action, and that the defendant’s state of mind is wholly irrelevant to the existence of a cause of action for passing off, if otherwise the defendant has imitated or adopted the plaintiff’s mark.

Accused Is Entitled To Default Bail Even If Charge Sheet Returned Due To Technical Reason, No Court Can Extend Remand Period U/S 167(2) Beyond 90 Days [Achpal @ Ramswaroop &Anr V. State of Rajasthan]

A two-Judge Bench of the Supreme Court on Monday held that an accused is entitled to default bail under Section 167(2) of Code of Criminal Procedure even if the charge sheet filed by police was returned by the Magistrate for technical reasons. The Court also held that the provisions of the Code do not empower anyone to extend the period within which the investigation must be completed nor does it admit of any such eventuality.

Not Liberal Or Conservative View; The Only View Which Has To Be Taken Is The Legal View, SC Tells Kerala HC [E. A. Aboobacker & Ors. V. State of Kerala& Ors.]

While setting aside a Kerala High Court order which took a ‘liberal view’ in public interest, the Supreme Court observed that only view which has to be taken is the legal view, and not liberal or conservative view.

Differently-Abled/Visually-Impaired Persons Not To Be Deprived Of Benefits Of RTI Act: SC Asks Authorities To Explore Technology To Make Information Accessible To Them [Aseer Jamal V. Union of India & Ors]

The Supreme Court on Thursday disposed of a writ petition challenging Section 6 of the Right to Information Act for its ‘discrimination’ against the illiterate persons, the visually impaired persons or persons afflicted by other kinds of disabilities. The bench comprising CJI Dipak Misra and Justices AM Khanwilkar and DY Chandrachud directed petitioner Aseer Jamal to submit a representation to the competent authority pointing out any other mode(s) available for getting information under the RTI Act.

Developer Should Mandatorily Display Sanction Plan/Layout Plans At The Site Itself [Ferani Hotels Pvt. Ltd. V. The State Information Commissioner Greater Mumbai & Ors.]

Taking note of rampant violations by real estate developers, the Supreme Court ordered that the developer should mandatorily display sanction plan/layout plans at the site itself.

Creamy Layer Test Can Be Applied To Promotions Of SC/STs, SC Holds While Declining To Refer Nagraj Verdict To Larger Bench [Jarnail Singh & Ors V. Lacchmi Narain Gupa& Ors]

A five-judge Constitution Bench of the Supreme Court on Wednesday ruled that the judgment in the case of M. Nagraj & Others v. Union of India & Others, relating to reservations for Scheduled Castes and Scheduled Tribes in promotions, need not be referred to a larger bench for consideration.

 ‘Kulis’ Is The Plural For The Word ‘Kuli’: SC Upholds Scheduled Tribe Status Of Kuli Community In Odisha [State of Orissa V. Dasarathi Meher]

In a great relief for Kuli community in Odisha, the Supreme Court held that the tribe mentioned as “Kulis” in the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 in Schedule II in Part XII includes persons belonging to the “Kuli” community.

SC Takes Into Account Conduct Of Husband In Protracting Disposal Of Maintenance Petition To Enhance Maintenance Awarded To Wife [Reema Salkan V. Sumeer Singh Salkan]

The Supreme Court enhanced the maintenance amount to a wife taking into account the husband’s conduct in successfully protracting the disposal of the maintenance petition filed in the year 2003, until 2015.

 Rape- Accused Cannot Be Acquitted Merely Because Victim Turned Hostile And Failed To Identify Him In The Dock [Hemudan Nabha Gadhvi V. State Of Gujarat]

The Supreme Court recently affirmed conviction of a rape accused even though during the trial the rape victim had turned hostile and failed to identify the accused. The bench comprising Justice Ranjan Gogoi, Justice Navin Sinha and Justice KM Joseph fall short of convicting the prosecutrix for giving false evidence considering the circumstances like her age at the time of incident and other factors.

 SC Relegates Matter To HC To Decide On Ahmed Patel’s Plea To Dismiss Election Petition At Threshold [Patel Ahmed Mohammad V. Balwant Singh Rajput & Ors.]

The Supreme Court, setting aside a Gujarat High Court order that dismissed Congress leader Ahmed Patel’s application seeking dismissal of an election petition filed against him, relegated the matter to the High Court. The bench of Chief Justice of India Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud directed the high court to decide the question whether the copy of the election petition served on Patel was a “True Copy” within the meaning of Section 81(3) of the Act.

SC Refuses To Grant Relief On Plea For Declaring Engineering Degree Through Distance Learning Valid

The Supreme Court on Monday refused to grant any relief to seven petitioners who had enrolled themselves in the years 2004 and 2005 in degree courses in Engineering through open distance learning programme from a deemed university and had had pleaded the court to declare that their degrees would be valid, would not require AICTE approval and would be treated at par with corresponding degrees granted by any traditional university/AICTE-recognized institution in the country.

 State Using Anti-Terror Laws Without Proof Against Those Working For Weaker Sections Is Also A Kind Of Terror: Petitioners In Bhima-Koregaon Case

The Supreme Court, on Friday, turned down the plea for probe by a Special Investigation Team into the Bhima Koregaon case, with a 2:1 majority. The majority opinion by CJI Dipak Misra and Justice AM Khanwilkar dismissed the plea, while Justice DY Chandrachud dissented, holding the arrests to be baseless.

SC Dismisses Plea Against Justice Gogoi ‘s Appointment As Next Chief Justice Of India

The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Wednesday dismissed the writ petition of Quo Warranto filed by Advocate R. P. Luthra, challenging Justice Ranjan Gogoi’s elevation as the next CJI.

 SC Restrains Lawyers In Odisha From Going On Strike

The Supreme Court has restrained the lawyers of the Orissa High Court and subordinate courts from going on strike and asked them to resume work to ensure litigants do not face any impediment in access to justice. A bench of Chief Justice Dipak Misra issued the direction after a litigant, arrested for allegedly making derogatory remarks against the famous Konark temple in the state, moved the apex court seeking regular bail as the lawyers of the Orissa High Court were on strike since August 29 on account of a “rift” between members of the bar association and police.

 Relocation Of Van Gujjars From Forest Areas: SC Directs Status Quo On Uttarakhand HC Order

The Supreme Court stayed the order passed by the Uttarakhand High Court directing relocation of Van Gujjars or nomadic pastoralists residing in the Corbett Tiger Reserve. The Bench comprising Justice Rohinton Fali Nariman and Justice Indu Malhotra directed status quo to be maintained by the parties, while issuing notice on a petition filed by one Tarun Joshi challenging the High Court order dated August 2.

SC Dismisses Plea By Wife Saying That She Is Entitled To Be Left Alone And Can’t Be Subjected To Decree For Restitution Of Conjugal Rights As Premature

The Supreme Court dismissed a writ petition filed by a wife, who banking on the privacy judgment of the constitution bench had contended that she is entitled to be left alone and cannot be subjected to a decree for restitution of conjugal rights. Mr Naphade along with Advocate Ms. Fauzia Shakil submitted that “the judgment of Saroj Rani needs to be revisited in light of the right to privacy judgment.”

Comments In Loya Judgement Are About The Conduct Of “Petitioners & Intervenors”: SC Clarifies In Jaising’s Plea

The Supreme Court on Wednesday disposed of an application filed by former Additional Solicitor General for India and Senior Counsel Ms. Indira Jaising for removal of certain adverse remarks made by the Court in its judgment denying independent probe into CBI Special Judge Brijgopal Harkishan Loya’s death holding that the observations of the Court advert to the conduct of the petitioners and intervenors.

“An MP Does Not Have License To Do Anything He Wants” : SC Slams Delhi BJP Chief Tiwari For Breaking Lock Of Sealed House

The Supreme Court on Tuesday pulled up Delhi BJP President Manoj Tiwari for breaking the lock of a sealed house in Northeast Delhi’s Gokulpuri last Sunday.. Tiwari has been directed to file an affidavit in three days not only explaining his act but also giving proof pertaining his statement to a TV channel that there are 1000 other illegal properties in the area which was not sealed but “this particular” property was being selectively targeted.

 1996 Drug Planting Case: SC Issues Notice On Ex-IPS Officer Sanjiv Bhatt’s Wife’s Plea Challenging Custody Order

The Supreme Court on Monday issued a notice to the State of Gujarat on a petition filed by Ms. Shweta Bhatt, wife of former IPS Officer Sanjiv Bhatt, alleging that Mr. Bhatt is not being allowed to execute Vakalatnama to move the Supreme Court.

SC Refers Plea Seeking Complete Ban On Female Genital Mutilation [FGM] To Constitution Bench

The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Monday referred to a five-judge bench the question of constitutionality of the alleged practice of Female Genital Mutilation (FGM) purported to be followed by the Dawoodi Bohra community in India.

Comply Our Directions On Mob Lynching Within A Week : SC Directs States And UTs

The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Monday required all states and UTs to comply within one week with the preventive and remedial measures issued by it in its July 17 verdict to circumvent the alarming rise in the instances of mob violence and cow vigilantism.

Sharad Yadav’s Disqualification As RS Member: SC Requests Delhi HC To Adjourn Proceedings; Issues Notice

The Supreme Court on Monday issued notice on a petition challenging an interim order passed by the Delhi High Court in the case concerning the disqualification of Janata Dal (United) Party, Sharad Yadav as a member of the Rajya Sabha in December last year.