Supreme Court Weekly Round-Up

Supreme Court Weekly Round-Up

Principles Of “Double Jeopardy” Will Not Apply When Accused Was Discharged Due To Lack Of Proper Sanction [State of Mizoram V. Dr. C. Sangnghina]

The Supreme Court on Tuesday held that when the accused was discharged due to lack of proper sanction, the principles of “double jeopardy” will not apply, and there is no bar for filing fresh/supplementary charge sheet after obtaining a valid sanction for prosecution.

Courts Have To Adequately Consider Defence Of The Accused U/s 313 CrPC; Non-Consideration Can Vitiate Conviction [Reena Hazarika vs. State of Assam]

The Supreme Court held that if there has been no consideration at all of the defence taken by the accused under Section 313 of the Code of Criminal Procedure, the conviction can stand vitiated. The bench comprising Justice RF Nariman and Justice Navin Sinha observed that a solemn duty is cast on the court in the dispensation of justice to adequately consider the defence of the accused taken under Section 313 CrPC and to either accept or reject the same for reasons specified in writing.

 Public Property Can’t Be Allotted To Profit-Oriented Institutions For Free [J.S. Luthra Academy V. State of Jammu & Kashmir]

The Supreme Court on Tuesday observed that public property cannot be allotted to profit-oriented institutions for free. The bench comprising Justice NV Ramana and Justice Mohan M Shantanagoudar was examining legality of allotment of 4 kanals of property to J.S. Luthra Academy for running the school.

Lie Detector/Brain Mapping/Narco Analysis Tests Can’t Be Ordered While Considering Bail Plea: SC Pulls Up Gujarat HC For Disclosing Identity Of Victim [Sangeetaben Shaileshcbhai Datanta V. State of Gujarat]

The Supreme Court on Monday quashed a Gujarat High Court judgment that had ordered lie detector, brain mapping and narco-analysis tests on the accused and grandmother, parents of the victim, in a bail application filed by the accused. Examining these reports, the high court had also granted bail to the accused. A ‘surprised’ apex court bench of Justice NV Ramana and Justice Mohan M Shantanagoudar said ordering such tests is not only in contravention to the first principles of criminal law jurisprudence but also violates statutory requirements.

Conviction Can’t Be Set Aside If No Prejudice Has Been Caused To Accused By Non-Framing Of Charge [Kamil vs. State of Uttar Pradesh]

The Supreme Court held that a conviction for the substantive offence without a charge can be set aside only if the accused shows that prejudice has been caused to him and that “failure of justice” has occasioned thereby. The bench comprising Justice R Banumathi and Justice Indira Banerjee were dealing with the contention of the accused that charge under Section 302 IPC was not framed against him and therefore the conviction of the appellant/accused under Section 302 IPC is not maintainable.

Mushrooming Growth Of Substandard Institutions Cannot Be Permitted [Jawaharlal Nehru Technological University Registrar V. Sangam Laxmi bai  vidyapeet]

The Supreme Court on Monday upheld the decision by the Jawaharlal Nehru Technological University to refuse a No Objection Certificate (NOC) to start a new course in a Hyderabad college, owing to a State directive to abstain from such permission in view of overcrowding of institutions in the area.

SC Repels Broadcasters’ Challenge Against TRAI Tariff Order & Interconnection Regulations [Star India Private Ltd. V. Department of Industrial Policy & Promotion]

The Supreme Court on Tuesday repelled the challenge made against the validity of tariff order and interconnection regulations introduced by the Telecom Regulatory Authority of India (TRAI) in 2017. The bench of Justice R F Nariman and Justice Navin Sinha dismissed the appeals filed against Madras High Court’s judgment which had refused to entertain the challenge by 2:1 majority.

Half-Baked Doctors Cannot Be Left Loose On Society; Permitting Unequipped Medical Colleges To Impart Substandard Medical Education Dangerous

While cancelling admissions made to four self-financing medical colleges in Kerala, the Supreme Court observed that permitting unequipped colleges to impart substandard medical education without proper facilities and infrastructure, would be dangerous and affect right to life itself.

Workmen’s Compensation Act: Interest On Compensation Amount To Be Awarded From The Date Of Accident

The Supreme Court observed that while awarding interest on the compensation to an employee, under the Workmen’s Compensation Act, it is to be awarded from the date of the accident.

 SC Issues Directions On Examination Of Witnesses In Criminal Trial [State of Kerala V. Rasheed]

The Supreme Court, on Tuesday, listed out ‘practical guidelines’ to be followed by trial courts in the conduct of a criminal trial, ‘as far as possible’. While setting aside a Kerala High court order, the bench comprising of Justice Abhay Manohar Sapre and Justice Indu Malhotra observed that while deciding an Application to defer cross examination under Section 231(2) of the Cr.P.C. a balance must be struck between the rights of the accused, and the prerogative of the prosecution to lead evidence.

Even A Woman Of Easy Virtue Has A Right Of Refuse To Submit Herself To Sexual Intercourse To Anyone, SC Restores Conviction In Gangrape Case [State (Govt. of NCT Delhi V. Pankaj Chaudhary & Ors.]

Even assuming that the prosecutrix was of easy virtue, she has a right of refuse to submit herself to sexual intercourse to anyone, said a Supreme Court bench while restoring conviction of four men accused in a gangrape case.

 Live-In Partner Can Seek Maintenance Under Provisions Of Domestic Violence Act

The Supreme Court observed that a live-in partner can seek maintenance under the provisions of the Protection of Women from Domestic Violence Act, 2005. A three-judge bench comprising CJI Ranjan Gogoi, Justice Uday Umesh Lalit and Justice KM Joseph was considering the questions referred to it in Lalita Toppo vs. State of Jharkhand.

 SARFAESI: Borrower/Debtor Can File Securitisation Application At The Stage Of The Possession Notice

Setting aside a judgment of Allahabad High Court full bench, the Supreme Court on Thursday held that the borrower/debtor can approach the Debts Recovery Tribunal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, at the stage of the possession notice referred to in rule 8(1) and 8(2) of the Security Interest (Enforcement) Rules, 2002.

Raised Minimum Wages To Apply In Delhi During Pendency Of SLP; Revised Notification Be Prepared In 3 Months

The Supreme Court on Wednesday directed provisional restoration of a 37% hike in minimum wages by the Delhi Government, during the pendency of the Special Leave Petitions filed before it. The bench comprising Chief Justice of India Ranjan Gogoi, Justice UU Lalit and Justice KM Joseph clarified that while no arrears would need to be paid presently, the current wages would be as per the notification.

SC Rejects Plea Of Employer To Add ‘Break In Service’ As One Of Punishment

The Supreme Court dismissed plea of an employer who wanted to add ‘break in service’ as a ground for punishment. The division bench of the high court observed, dismissed the challenge, observing that that by including the break in service as one of the punishment, in fact, what the employer intends to do is only to get an opportunity to impose punishment which will have an impact in the gratuity of the employee of the concerned year. The employer assailed these orders before the apex court.

 Can NGT Entertain An Application Which Is In The Nature Of PIL, SC Asks NGT To Decide

The Supreme Court asked National Green Tribunal (NGT) to decide whether it can entertain applications which is in the nature of Public Interest Litigation. The bench comprising Justice Kurian Joseph and Justice AM Khanwilkar was considering an SLP filed against Bombay High Court order.

SC Asks Government To Submit Pricing & Strategic Details Of Rafale Deal Within 10 Days

The CJI-led bench of Supreme Court asked the Government to submit before the Court the pricing and strategic details of Rafale deal in sealed cover within 10 days. The Court expressed that it “would like to be apprised to the details with regard to pricing/cost, advantages thereof, if any, which will be submitted in a sealed cover”.

 SC Recalls 2009 Judgment That Affirmed Death Sentence To Accused In A Gang Rape And Murder Case

The Supreme Court recalled its order in criminal appeals, wherein it had confirmed death sentence awarded to some of the accused and restored it for some other accused.

 Salary Challenge: There Cannot Be Compulsion To Contribute To CM’s Flood Relief Fund, SC Dismisses Kerala Govt.’s Petition

The Supreme Court on Monday dismissed the special leave petition filed by Kerala Government against the order of Kerala High Court which stayed the condition in a Government Order (GO) that mandated that government employees unwilling to contribute their one month’s salary to the Chief Minister’s Distress Relief Fund (CMDRF) should give a written declaration to that effect.

Plying Of 15-yr Old Petrol, 10-yr Old Diesel Vehicles In NCR Prohibited

The Supreme Court on Monday prohibited the plying of 15-yr-old petrol and 10-yr-old diesel vehicles in the national capital region (NCR) and directed the transport department to announce that such vehicles will be impounded if found plying.

 Fresh Plea To Declare Mosque As An Integral Part Of Namaz Of Muslim Community Dismissed

The Supreme Court on Monday dismissed a new writ petition that sought a declaration that mosque is an integral part of Namaz of a Muslim Community. The bench comprising of CJI Ranjan Gogoi, Justice Sanjay Kishan Kaul and Justice KM Joseph observed that the said prayers had been considered in recent order in Ayodhya case and that reference to a larger Bench was refused in that matter.

SC Refuses To Entertain Plea To Use Aadhaar To Trace Identity Of Unidentified Dead Body

The Supreme Court on Monday refused to entertain a plea seeking a direction to the Centre and Unique Identification Authority of India (UIDAI) to utilise Aadhaar biometrics of unidentified dead bodies to trace their identity. A bench of justices Madan B Lokur, S Abdul Nazeer and Deepak Gupta said that petitioner Amit Sahni should approach the Delhi High Court as he has already filed a plea there for using Aadhaar biometrics for the purpose of tracing and re-uniting missing and mentally challenged persons with their families.

Bombay HC Order Disallowing Extension Of Time For Filing Charge Sheet Against Activists In Bhima Koregaon Case Stayed

Supreme Court on Monday stayed the Bombay High Court Judgment which disallowed the extension of time granted to Police to conclude probe and file charge sheet in the Bhima Koregaon violence case.

Bhima Koregaon: Notice To Gautam Navlakha On Maharashtra Govt.’s Plea Against His Release

The Supreme Court bench of Chief Justice Ranjan Gogoi, Justice S. K. Kaul and Justice K. M. Joseph on Monday issued notice on the SLP preferred by the government of Maharashtra against the Delhi High Court order releasing activist Gautam Navlakha from house arrest five weeks after he and four other rights activists were taken into custody in connection with the Bhima Koregaon violence.

 SC Directs Hyderabad Police To Provide Adequate Security To Satish Sana, The Complainant Against Rakesh Asthana

A three Judge Bench of Supreme Court on Tuesday directed the Hyderabad Police to provide adequate security to Satish Sana, the original complainant in the alleged bribery case against CBI Special Director Rakesh Asthana. The Bench comprising Chief Justice Ranjan Gogoi and Justices U U Lalit and K M Joseph refused to stay CBI summons against Sana.

Muzaffarpur Shelter Home Case: SC Directs Transfer Of Main Accused Brajesh Thakur To Patiala Jail, Asks Why Ex-minister Manju Verma Has Not Been Arrested

The Supreme Court Tuesday asked the Bihar police why former state minister Manju Verma has not been arrested in a case related to the recovery of ammunition in a Muzaffarpur shelter home where several girls were allegedly raped. A bench of Justices M B Lokur, S A Nazeer and Deepak Gupta also directed that Brajesh Thakur, prime accused in the Muzaffarpur shelter homes sexual abuse case, be shifted to the Patiala high security jail in Punjab from Bihar’s Badarpur jail.

Bail To Medical College Director Accused Of Cheating Students Rejected

The Supreme Court, on Friday, dismissed plea of a medical college director arrested on cheating charges and who was denied bail by the Madhya Pradesh High Court. Dr. Ramesh Badlani was accused by many students of collecting fees of upto Rs 5 lakh from them for admission to medical and nursing courses at the institute, and discontinuing the classes later citing financial difficulties.

CBSE Says Answer Sheets Available For Rs 2 Per Page, SC Disposes Of Contempt Petition

With the CBSE chairperson stating on oath that the board is providing evaluated answer sheets for Rs 2 per page if the same is being sought specifically under the RTI Act, the Supreme Court on Monday disposed of the contempt petition against CBSE for charging an exorbitant fee of as much as Rs 1,000 and Rs 1,200 from candidates of Class X and XII, respectively

 SC Modifies Time Slot For Bursting Crackers; States Can Fix Timings But Cannot Exceed Two Hours A Day

Modifying its October 23 order fixing a slot of 8 pm to 10 pm for bursting firecrackers on Diwali, the SC on Tuesday said that that respective state governments will be at liberty to fix the time slots for bursting crackers, subject to the condition that timings should not exceed two hours a day.

“Karti Chidambaram Going Abroad Not An Important Matter”, SC Declines Urgent Hearing

The Supreme Court on Thursday declined urgent hearing on a plea by senior Congress leader P Chidambaram’s son Karti Chidambaram, who is facing several criminal cases, seeking its permission to go abroad. A bench headed by Chief Justice of India Ranjan Gogoi said the issue of Karti Chidambaram visiting abroad is not an “important matter” requiring urgent hearing.

SC Sets Aside U’khand HC Order That Proposed Withdrawal Of Senior Designation Of A Lawyer Who Appeared Against His Previous Client

The Supreme Court on Friday set aside some observations made by Uttarakhand High Court order that had proposed withdrawal/cancellation of the designation of Avtar Singh Rawat as a Senior Advocate. The bench of Justice AK Sikri and Justice Ashok Bhushan opined that no such directions were called for in the matter.

 Appointment of Air Marshal Rajvir Singh As DGMS (Army) Set Aside; Directs Appointment Of Lt. Gen. Manomoy Ganguly

The Supreme Court, setting aside the appointment of Air Marshal Rajvir Singh as DGMS (Army), directed the Central Government to appoint Lt. Gen. Manomoy Ganguly in that position. The bench comprising Justice AK Sikri and Justice Ashok Bhushan ordered thus in a writ petition filed by Lt. Gen. Ganguly.

 Order Allowing CBI Inquiry Into Graft Allegations Against TN CM Palaniswami Stayed

The Supreme Court stayed the operation of the judgment of Madras High Court which ordered CBI inquiry into corruption allegations against Tamil Nadu Chief Minister E. Palaniswami.

Judicial Vacancies- “If You Can’t Fill Vacancies, We Will Take Over And Do What Is Needed”

The Supreme Court on Thursday reprimanded the States and the High Courts for their inefficiency in filling the vacancies in the subordinate judiciary, cautioning them that if the needful is not done in a timely manner, the court may contemplate centralizing the recruitment procedure.

UPTET 2017: SC Remands Matter Back To HC, Says Any Appointments Will Be Subject To HC Decision

The Supreme Court remanded to the Division Bench of Allahabad High Court, the matter pertaining to the validity of certain questions in the Uttar Pradesh Teacher Eligibility Test (UPTET), 2017. The Bench comprising Justice MB Lokur, Justice S. Abdul Nazeer and Justice Deepak Gupta clarified that any appointments made will be subject to the outcome of the decision rendered by the Division bench of the High Court

SC Refuses To Entertain Petitions Challenging Triple Talaq Ordinance

The Supreme Court bench of Chief Justice Ranjan Gogoi and Justices K. M. Joseph and Hemant Gupta on Friday was not inclined to entertain the pleas challenging the constitutionality of the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 which imposes a maximum sentence of 3 years on a Muslim husband for pronouncing Triple Talaq.

SC Allows ‘Antim Darshan’ Of Ganga Campaigner Late Swami Sanand In AIIMS Hospital Itself, Subject To Restrictions

The Supreme Court on Friday, allowed followers of Late Swami Sanand, a spiritual leader cum environmentalist, who had expired while on his fast unto death to save Ganga, to have ‘Antim Darshan’ in the AIIMS Hospital premises for ten Sundays.

 SC Dismisses CBI’s Appeal Against Discharge Of Hinduja Brothers

The Supreme Court on Friday dismissed CBI’s appeal against the Delhi High Court verdict discharging all the accused including Hinduja brothers in Rs 64 crore Bofors pay-off case. A bench headed by Chief Justice Ranjan Gogoi said it was not convinced with the grounds of the CBI on the delay in filing the appeal.

 Assam NRC: Mere Possibility Of Forgery Not A Ground To Exclude 5 Additional Documents To Make Claim, SC Extends Deadline To Dec 15

The Supreme Court bench of Chief Justice Ranjan Gogoi and Justice Rohinton Nariman on Thursday extended to December 15 the deadline for filing the claims and objections by individuals excluded from the first draft of the NRC for the state of Assam as published on July 30.

Ayodhya Case Adjourned To January 2019 For Fixing The Hearing Date

The Supreme Court bench of Chief Justice Ranjan Gogoi, Justice S. K. Kaul and Justice K. M. Joseph listed the string of appeals against the 2010 verdict of the Allahabad High Court in the Ram Janmabhoomi- Babri Masjid dispute in the first week of January, 2019 for fixing the date of hearing by an appropriate bench.