Supreme Court Weekly Round-Up

‘Right To Change Of Faith Is Part Of Fundamental Right Of Choice’The Supreme Court on Monday delivered a detailed judgment in the Hadiya case, almost a month after it set aside the Kerala High Court judgment calling Hadiya’s marriage to Shafin Jahan a “sham”, and annulling it, while directing her return to the protective custody of her Hindu parents.SC Re-affirms Superiority Of...

Breaking: Kathua Rape And Murder Case- SC To Hear The Plea For Transfer Of Trial From J&K & Court Monitored Probe At 2pm [Read Petition]

Supreme Court has agreed to hear the plea by Kathua victim's biological father for the transfer of the trial in the case from the state of Jammu and Kashmir to Chandigarh as well as for a court monitored probe at 2pm.Senior Counsel Indira Jaising, appearing on behalf of the biological father of the 8 year old victim of the Kathua rape and murder, pleaded before Chief Justice Dipak...

Relief For Netas:SC Dismisses Plea For Scrapping Life-Long Pension& Perks For Ex-MPs [Read Judgment]

The Supreme Court today dismissed a plea seeking scrapping of life-long pension and perks for Ex-MPs and other benefits for their families."We are of the view that these questions are in the orbit of the wisdom   of   the   Parliament   in   choosing/changing  ...

Difficult To Hold Sexual Intercourse As 'Rape' In The Course Of Relationship That Lasted 8 Years: SC [Read Order]

Lady had alleged that they lived together as husband and wifeQuashing a ‘rape on promise of marriage’ case, the Supreme Court observed that it is difficult to hold sexual intercourse in the course of a relationship which continued for eight years, as 'rape'.In this case, it was the complainant's own allegation that they lived together as husband and wife for last eight years and the man...

I Can Be Raped Or Killed, Will Tell SC That I Am In Danger: Deepika Rajawat, Counsel For Kathua Victim's Family

"I don't know till when I will be alive. I can be raped, my modesty can be outraged, I can be killed, I can be damaged. I was threatened yesterday that 'we will not forgive you'. I am going to tell SC tomorrow that I am in danger."Advocate Deepika Singh Rajawat told ANIThe case concerning the rape and murder of an eight-year-old girl in Kathua, Jammu and Kashmir should be heard outside...

Kathua Rape Case: BCI Forms Committee To Probe Strike By J&K Lawyers

After the nation-wide condemnation of lawyers of the State of Jammu and Kashmir calling a strike in defence of the accused in the matter of rape and murder of an eight-year-old girl in Kathua, the Bar Council of India (BCI) has now formed a Committee to enquire into the matter.As per a press release issued on Sunday, the Committee will be headed by former Chief Justice of the High Court,...

'Alleged Love Jihad & ISIS Abduction’ Case:Victim Girl’s Mother Withdraws Plea in SC for NIA Probe

Bindu Sampath, the mother of suspected ISIS sympathizer Nimisha alias Fathima from Kerala has withdrawn her petition filed in the Supreme Court in October last year seeking its intervention and a direction for a National Investigation Agency (NIA) investigation into alleged incidents of love jihad radicalization in the state of Kerala.Senior advocate Shyam Divan and lawyer Aishwarya Bhati...

Can States Provide For Reservation For In-Service Candidates For PG Medical Courses? ; SC Constitution Bench To Examine [Read Order]

Can state make reservation in favour of the in-service candidates for Post Graduate medical courses?, the Supreme Court has reopened this question as it has referred the matter to Constitution bench.Tamil Nadu Medical Officers’ Association and others had filed a writ petition before the Apex Court challenging Regulation 9(4) and (8) of the Post Graduate Medical Education Regulations, 2000,...

Courts Can’t Sit As An Umpire To Examine UPSC Selection Committee Recommendations: SC [Read Judgment]

Since the selection committee constituted by the UPSC is manned by experts in the field, we have to trust their assessment unless it is actuated with malice or bristles with mala fides or arbitrariness, the bench said.Reiterating that courts cannot sit as an appellate authority or an umpire to examine the recommendations of the Selection Committee of Public Service Commissions, the Supreme...

Right To Practice Medical Profession Is Subject To Right To Life And Proper Health Care Of Patients: SC Dismisses Plea Of ‘Paramparya Vaidyas’ [Read Judgment]

Even after 70 years of Independence, persons having little knowledge or having no recognized or approved qualification are practicing medicine and playing with the lives of thousands and millions of people, the bench said.The Supreme Court has upheld a 2003 Kerala High Court judgment that held that persons who do not fulfill the prescribed qualifications and are not duly registered under...

CGHS-Medical Claim Can’t Be Denied Merely Because Treatment Was In Non-Empanelled Hospital: SC [Read Judgment]

Can it be said that taking treatment in Specialty Hospital by itself would deprive a person to claim reimbursement solely on the ground that the said hospital is not included in the government order, the bench said.Good news for all the retired Central Government employees is that the Supreme Court has taken serious note of the slow and tardy pace of disposal of medical reimbursement claims...

Kerala Govt Seeks Review/ Recall Of SC’s Verdict Diluting Stringent Provisions Of SC/ST Act [Read Petition]

Almost a month after the Supreme Court diluted stringent provisions of the SC/ST Act by directing against immediate arrest to rule out false implications, the State of Kerala has moved a petition seeking review/ recall of the March 20 judgment saying it has created insecurity among the SC/ST population which is already facing the wrath of serious crimes committed against them.In its...