SC Orders National Action Plan To Save Children From Substance Abuse [Read Judgment]

“This is too serious an issue to be swept under the carpet”: CJI T S Thakur led bench.The Supreme Court today directed the Centre to formulate within six months a National Action Plan for children addicted to alcohol, tobacco, drugs and suffering from other substance abuse.It also includes recovery, counseling and their rehabilitation.“This is a serious issue and cannot be swept under...

National Anthem Arrests: Police Clueless On Offences To Be Charged

The order to stand up during the national anthem is a judge-made law without prescribing the nature of punishment for its violations. In the absence of nature of punishment and the interim directions, the police are resorting to Sections like 188 of the Indian Penal Code, in addition to Section 3 of Prevention of Insults to National Honour Act, 1971. Around 20 persons have been arrested so...

Maharashtra Will Have An Advocate General By Month End, State Tells Bombay HC [Read Affidavit]

Maharashtra government has informed the Bombay High Court that an advocate general will be appointed under Article 165 of the constitution by the end of December. An affidavit was filed by the government pleader on behalf of the state government. Previously the court had asked the state to file a reply in the writ petition that seeks appointment of an AG.The bench of Justices AS Oka and...

Legality of Euthanasia: South African SC Says Lawmakers Should Decide, Not Judges [Read Judgment]

Issues engaging profound moral questions beyond the remit of judges to determine, the court saidStriking a different note from the Supreme Court, which had legalised passive euthanasia in Aruna Shanbaug case, the South African Supreme court has set aside a high court judgment that had observed that the common law crimes of murder and culpable homicide needed to be or should be developed...

Judicial Appointments: 12 Significant Recommendations of Parliamentary Standing Committee [Read Report]

PSC suggests transparency in appointments, minimum tenure for Chief Justices, increase of retirement age and more representation of women.The Parliamentary Standing Committee has tabled its 87th report on ‘Inordinate Delay in Filling up the Vacancies in the Court and High Courts’ before both houses of Parliament, which points finger at the Judiciary for distorting the original mandate of...

SC Stresses On Proper Implementation of Mental Health Act [Read Judgment]

The Supreme Court has stressed upon the responsibility for the proper implementation of the Mental Health Act.Recently, the apex court went to the extent of explaining in detail the content of the two legislations dealing with mental health, i.e., Mental Health Act 1987, and the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act 1995.The court...

SC Upholds Life Term Of Accused Persons For Murder Of 8 Family Members [Read Judgment]

They deserve no sympathy, the bench saidThe Supreme Court has upheld the life imprisonment awarded to persons convicted for killing eight members of a family, including a one-and-half year-old infant.As many as 20 accused were convicted by the trial court in the instant case. The high court acquitted four of them and modified the conviction of other accused from that under Section...

Supreme Court Weekly Round-Up

High Court Is Not A Disciplinary AuthorityThe Supreme Court in Chief Executive Officer, Krishna District Cooperative Central Bank Ltd. and Another vs. K. Hanumantha Rao and Another, set aside an impugned judgment of a division bench of the Andhra Pradesh High Court holding that decision qua the nature and quantum is the prerogative of the disciplinary authority and it is not the function of...

Experts Assail Sentencing Policy In India

Experts came out strongly against the sentencing policy pursued by the Indian courts, at one of the sessions held during the ongoing 4th LASSnet Conference in New Delhi today.Professor Mrinal Satish of the National Law University, Delhi, who has researched more than 800 and odd rape cases of High Courts and the Supreme Court during the period  1984-2009, for his recently published book,...

How SC Registry Ignored Listing Proforma In National Anthem Case

In an interesting turn of events, the listing proforma in the PIL filed by Shyam Narayan Chouksey, the petitioner in the national anthem case, has surfaced on social media and has become a topic among lawyers.The listing proforma is a necessary document to be filed in a set pattern for all petitions before the Supreme Court including writs, PILs, SLPs and transfer petitions.It has a rigid...

Man ‘Unapologetic’ Before HC Offers ‘Unqualified Apology’ To SC, Which Sets Him Scot-Free [Read Judgment]

When the High Court asked the contemnor about punishment, he told the court that the maximum could be imposed upon him.Criminal Contempt of Court proceedings are often closed when the ‘contemnor’ offers unconditional apology to the bench. But some aggravate the avoidable situation by provoking the bench with their words and deeds. In the instant case, the ‘contemnor’ dared the high...

IPC Doesn’t Provide For Vicarious Liability For Offence By A Company: SC [Read Judgment]

The Supreme Court has recently held that the Indian Penal Code, 1860, does not provide for vicarious liability for any offence alleged to be committed by a company.A division bench of Justice PC Ghose and Justice Amitava Roy also held that if and when a statute contemplates creation of such a legal fiction, it provides specifically therefore, e.g. Negotiable Instruments Act, 1881.The Bench...