Supreme Court Weekly Round-Up

Supreme Court Weekly Round-Up

Benefit Of Doubt Arising Out Of Inefficient Investigation Must Be Bestowed Upon The Accused [State of Uttar Pradesh V. Wasif Haider Etc.]

The Supreme Court, affirming an acquittal in a murder case, observed that benefit of doubt arising out of such inefficient investigation must be bestowed upon the accused.

Executive Magistrate Cannot Direct Police To Register FIR [Naman Pratap Singh vs. State of Uttar Pradesh]

The Supreme Court observed that Executive Magistrate cannot direct the police to register an F.I.R. on basis of a private complaint lodged before him In this case, a student had lodged a complaint with the Sub-Divisional Magistrate, Unnao that she had been duped into taking admission in an unrecognized institute. The Executive magistrate, on the same day, directed the police to register a first information report and thus an FIR was registered. The issue considered by Justice Rohinton Fali Nariman and Justice Navin Sinha in the case was whether the Sub-Divisional Magistrate was competent to do so, and whether such an F.I.R. can be said to have been registered in accordance with the Code of Criminal Procedure,1973.

Existence Of Arbitration Clause Doesn’t Limit Jurisdiction Of Consumer Forums Even After 2015 Amendment [M/S EMAAR MGF LAND LIMITED. V. Aftab Singh]

The Supreme Court upheld the National Consumer Dispute Redressal Commission (NCDRC) order rejecting a plea seeking reference to the arbitrator in a consumer complaint despite there being arbitration clause in the agreement entered between buyer and the builder.

Vehicle Owner As Per RTO Records Liable For Accident Even If It Occurred Within Prescribed 30 Days For Reporting Transfer [Prakash Chand Daga V. Saveta Sharma]

The Supreme Court held that, if an accident occurs within the period prescribed for reporting transfer of a vehicle, the transferor is not absolved of the liability, so long as his name continues in RTO records.

Situation Would Be Chaotic If Policies Of Elected Bodies Are To Be Superceded By Ideals Of Each Individual    [Janhit Manch vs. State of Maharashtra]

Perspective of individuals may vary, but if the elected bodies which have policy formulation powers, is to be superseded by the ideals of each individual, the situation would be chaotic, the Supreme Court has observed while it dismissed an appeal filed by the Janhit Manch.

SC explains principle of rounding of fractional numbers to calculate two third majority [Ganesh Sukhdeo Gurule vs. Tahsildar Sinnar]

The Supreme Court, while interpreting Section 35 of the Maharashtra Village Panchayats Act, 1959 has held that usual principle of rounding off is not applicable to round of votes to calculate two third majority.

If DNA Profiling Isn’t Done Or Held Back In Rape Cases, Adverse Consequence Would Follow For The Prosecution [Rajendra Pralhadrao Wasnik vs. State of Maharashtra]

In an important ruling, the Supreme Court observed that if DNA profiling has not been done in a rape case or it is held back from the trial court, an adverse consequence would follow for the prosecution.

Criminals Also Entitled To Life Of Dignity; Probability Of Reformation/Rehabilitation To Be Seriously & Earnestly Considered Before Awarding Death Sentence [Rajendra Pralhadrao Wasnik vs. State of Maharashtra]

The Supreme Court on Wednesday commuted death sentence awarded to a man convicted for rape and murder of a 3-year-old girl and sentenced him to life imprisonment without release from custody for the rest of his normal life.

 ‘Bona Fide Need’ Can’t Be Doubted If Landlord Does Other Business During Pendency Of Eviction Petition [Hukum Chandra vs. Nemi Chand Jain]

The Supreme Court held that it would be inappropriate to expect that the landowner or his son (for whom the building is required) should sit idle and not to perform any work till the suit for eviction is decided on the basis of bona fide requirement.

FIR Relating To Sexual Assault Cases Shall Not Be Put In Public Domain [Nipun Saxena V. Union of India]

The Supreme Court on Tuesday issued important directives to protect privacy and reputation of victims of rape crimes. The bench comprising Justice Madan B. Lokur and Justice Deepak Gupta issued 9 important directives.

 SC Dismisses Petitions Seeking Probe In To Rafale Deal [Manohar Lal Sharma V. Narendra Damodar das Modi& Ors.]

The Supreme Court on Friday dismissed a string of petitions seeking an independent probe into the 2015 Rafale deal, according it a clean chit in all respects- decision-making, pricing and procurement procedure. The bench of Chief Justice Ranjan Gogoi and Justices S. K. Kaul and K. M. Joseph was pronouncing its judgment on a batch of PILs by Advocates M. L. Sharma and Vineet Dhanda, Advocate Prashant Bhushan and former Union Ministers Arun Shourie and Yashwant Sinha and AAP MP Sanjay Singh.

Convict’s Socio-Economic Condition Must Be Considered While Awarding Sentence: SC Commutes Death Sentence[M. A. Antony @ Antappan V. State of Kerala]

While commuting death sentence awarded to a man convicted for murdering six members in a family, the Supreme Court observed that socio-economic condition of a convict is a factor that must be taken into consideration for the purposes of awarding an appropriate sentence to a convict.

Pendency Of Similar Cases Not A Factor While Sentencing [Rajendra Pralhadrao Wasnik V. State of Maharashtra]

The Supreme Court held that the mere pendency of one or more criminal cases against a convict cannot be a factor for consideration while awarding a sentence. The bench comprising Justice Madan B. Lokur, Justice S. Abdul Nazeer and Justice Deepak Gupta observed thus while commuting death sentence awarded to Rajendra Pralhadrao Wasnik, who was convicted for rape and murder of a three-year-old.

Rights Of Elderly Persons Must Be Recognised And Implemented: SC Issues Directives [Dr. Ashwani Kumar V. Union of India & Ors.]

The Supreme Court on Thursday observed that there cannot be any excuse of lack of finances either by the Government of India or by the State Governments in strictly implementing the provisions of Maintenance and Welfare of Parents and Senior Citizens Act.

Non-Mentioning Of Reasons For Withdrawal Of Earlier Complaint Not a Ground To Quash Second Complaint

The Supreme Court held that mentioning of reasons for withdrawal of an earlier complaint is not a condition precedent for maintaining a second complaint. The bench comprising Justice R. Banumathi and Justice Indira Banerjee made this observation in V. Ravi Kumar vs. State, while setting aside the High court order that quashed a complaint.

Do Not Sensationalize Child-Rape Cases For TRPs, SC Tells Media

The Supreme Court, while issuing important directives for protection of privacy and reputation of victims of sexual offences, reminded media their duty to ensure that it does nothing and gives no information which could directly or indirectly lead to the identity of the child being disclosed.

Winding Up Proceedings Under SICA Are To Continue In HC And Not In NCLT [Jaipur Metal and Electricals Employees Organization vs Jaipur Metal and Electricals Ltd]

The Supreme Court held that winding up proceedings under the Sick Industrial Companies(Special Provisions) Act 1985 will continue in the High Court and not the National Company Law Tribunal, until an application for transfer to NCLT is filed by a party under Section 434(1)(c) of the Companies Act 2013.

SC Cancels Bail Granted By Rajasthan HC To Alleged Illegal Sand Mafia

In a significant order, the Supreme Court on Thursday cancelled bail granted by the Rajasthan High Court to four accused charge-sheeted for the commission of a brutal murder of a village sarpanch belonging to the Scheduled Tribe in Sawai Madhopur district of Rajasthan.

Matters Of Train Timings/Connectivity Can’t Be Adjudicated In PIL: SC Sets Aside U’khand HC Order

Setting aside a Uttarakhand High Court order, the Supreme Court observed that matters of train timings and providing new train connectivity cannot be adjudicated in a public interest litigation.

 SC Dismisses Plea Challenging Dissolution Of J-K Assembly By Governor

The Supreme Court on Monday dismissed a PIL challenging the dissolution of the Jammu and Kashmir Assembly by Governor Satya Pal Malik. “We are not inclined to interfere (with the decision of the Governor),” a bench comprising Chief Justice Ranjan Gogoi and Justice S K Kaul said.

Medical College Bribery Scam: SC Dismisses CJAR’s Curative Petition Against Rejection Of Plea For SIT Probe

The Supreme Court, on Tuesday, dismissed the curative petition filed by NGO Campaign for Judicial Accountability and Reforms (CJAR) against the verdict rejecting its demand for a Special Investigation Team (SIT) probe into the medical college bribery scam.

SC Dismisses Curative Petition Against Appointment Of Rakesh Asthana As CBI Special Director

The Supreme Court dismissed a curative petition against dismissal of NGO Common’s Cause plea challenging appointment of Gujarat cadre IPS officer Rakesh Asthana as Special Director of CBI.

 SC Dismisses Petition For Execution Of Nirbhaya Convicts Within Two Weeks

The Supreme Court, on Thursday, refused to entertain a petition demanding execution of the convicts in the 2012 Delhi gang-rape case, within two weeks. The petition was dismissed by a bench comprising Justice MB Lokur and Justice Deepak Gupta.

 SC issues Notice On A Plea For Declaring Leader Of Single Largest Party As Leader Of Opposition In Appointment Committees

The Supreme Court bench of Chief Justice Ranjan Gogoi and Justice SK Kaul issued notice on a PIL seeking declaration that wherever the appointing committee includes the Leader of the Opposition, the same may be read to mean the leader of the single largest opposition party in that House.

SC Asks To Produce Compilation Of Corruption Allegations Against Allahabad HC Judge

Agreeing to hear the matter post the winter vacation, the Supreme Court bench of Justices A. K. Sikri and Abdul Nazeer on Monday required a compilation of corruption allegations against Justice Ram Krishna Gautam, who was appointed judge of the Allahabad High Court recently, to be filed.

SC Orders Status Quo On Allahabad HC Order Directing Removal Of Mosque In Court Premises

The Supreme Court on Monday ordered that status quo be maintained with regard to a mosque situated in the premises of the Allahabad High Court, which had last year directed that the structure be removed.

Identity Of Even Dead Rape Victims Should Be Protected-SC Imposes Absolute Bar On Identity Disclosure

The Supreme Court on Tuesday held that the identity of rape victims who have died or are of unsound mind cannot be divulged even with the consent of the parents. “The dead too are entitled to their dignity”, the court expressed. The bench of Justices Madan B Lokur and Deepak Gupta lamented that victims of sexual assault are often subject to even worse treatment than the perpetrators themselves by the society.

One Agency Can Investigate Dabholkar,Pansare, Kalburgi & Gauri Lankesh Murder Cases If There Is A Common Link, Observes SC

The Supreme Court asked the Central Bureau of Investigation whether there was any link between the murders of Narendra Dabholkar, Govind Pansare, M M Kalburgi and Gauri Lankesh.

 Civil Suit To Invalidate Land Acquisition Isn’t Maintainable

The Supreme Court, while setting aside a Rajasthan High Court order, reiterated that a civil suit to invalidate land acquisition is not maintainable. The bench comprising Justice Arun Mishra and Justice Vineet Saran in Rajasthan Housing Board vs. Chandi Bai observed that a civil suit to question notification issued under Section 4 and declaration under Section 6 of the Land Acquisition Act, 1894 is not maintainable and only remedy left to the aggrieved party is to file a writ petition before the high court under Article 226 of the Constitution of India or to approach the Supreme Court.

Frame Guidelines/SOP To Eliminate Child Pornography, Rape Videos & Implement Within 2 Weeks

After calling on the Centre to draft the Standard Operating Procedure (SOP) for handling complaints involving child pornography, the Supreme Court was, on Tuesday, finally presented with an affidavit on behalf of the Ministry of Home Affairs. In view of the affidavit, the court directed the Centre to frame the necessary guidelines or SOP and implement them within two weeks. A bench comprising Justice MB Lokur and Justice UU Lalit ordered, “The Government of India may frame the necessary Guidelines / SOP and implement them within two weeks so as to eliminate child pornography, rape and gang rape imageries, videos and sites in content hosting platforms and other applications.”

Non-Disclosure Of Pending Criminal Cases: SC Issues Notice To Maha CM Fadnavis

The Supreme Court bench of Chief Justice Ranjan Gogoi and Justices S. K. Kaul and K. M. Joseph on Thursday issued notice to Maharashtra Chief Minister Devendra Fadnavis on a plea alleging that in his election affidavit filed in 2014, he had failed to disclose the pendency of two criminal cases against him.

Bhima Koregaon Case: SC Adjourns Hearing To January

The Supreme Court on Tuesday adjourned to January the hearing on the SLP arising out of the October 24 judgment of the Bombay High Court by virtue of which a Pune court’s order granting additional 90 days’ time for further investigation and filing the charge sheet against lawyer Surendra Gadling and other activists accused in connection with the Bhima-Koregaon violence was set aside.

Maintain Transparency In Appointments Of CIC & Information Commissioners: SC To Centre

The Supreme Court on Thursday asked the Centre and states to maintain transparency in appointments of Chief Information Commissioner and Information Commissioners and upload the details of search committees and applicants on the website.

 Muzaffarpur Shelter Home Case:No Evidence Of Torture In Medical Report Of Brajesh Thakur

The Supreme Court Monday said there was “absolutely nothing” in the medical examination report to suggest that Brajesh Thakur, prime accused in the Muzaffarpur shelter home sexual abuse case, was physically or mentally tortured in Patiala jail.

SC Permits Punjab And Haryana DGPs To Continue In Office Till Jan 31, 2019

The Supreme Court bench of Chief Justice Ranjan Gogoi and Justices S. K. Kaul and K. M. Joseph on Wednesday permitted the incumbent DGPs of the states of Punjab and Haryana, whose terms expire on December 31, to continue in office till January 31, 2019. The bench also allowed the original petitioners in the Police Reforms case (Prakash Singh v. UOI; 2006) to file their objections to the amendments introduced by the various states in their Police Acts which are in contravention to the directions issued by the apex court in the said matter.

 Assam NRC: SC Extends Time For Submission Of Claims To Dec 31

The Supreme Court bench of Chief Justice Ranjan Gogoi and Justice Rohinton Nariman on Wednesday extended to December 31 the deadline for the submission of claims and objections by individuals excluded from the first draft of the NRC for the state of Assam as published on July 30.

SC Once Again Reminds Courts To Send All Original Records Translated Into English

Having reiterated it thrice over, the Supreme Court once again issued directions that all original record of matters placed before it shall be translated in the English language. In a circular issued on Wednesday, the Supreme Court once again reiterated that “The branches on the judicial side while requisitioning the record shall communicate to the court appealed from and/or courts below to transmit entire original record in respect of Civil and criminal cases duly translated in the English language…”

Prepare Comprehensive Policy To Check Wastage Of Food, Water During Wedding Functions, SC Directs LG/Delhi Govt

The Supreme Court directed the Govt. of NCT of Delhi and the Lt. Governor to prepare complete and comprehensive policy so that there is no misuse of properties, food and water, in wedding functions held at Motels/Farm Houses in the Capital City. The bench comprising Justice Madan B. Lokur, Justice Deepak Gupta and Justice Hemant Gupta also observed that the said policy shall explore the possibility of issuing a guest control order and shall also be formulated in a manner to avoid congestion including traffic problems caused due to these functions.

Gujarat Fake Encounters: Govt. Objects Inquiry Report, SC Asks Justice Bedi To Reply

The Supreme Court on Wednesday requested retired Justice H. S. Bedi to communicate his views on whether the final report in respect of the investigations into the instances of fake encounter in the state of Gujarat between the 2002 and 2006 was prepared in consultation with the other members of the court-appointed Monitoring Committee of which Justice Bedi is the Chairman.