Supreme Court Weekly Round Up June 7 To June 13, 2021

JUDGMENTS THIS WEEK1. Stop Illegal Adoption Of Children Orphaned By COVID; Public Advertisements For Adoptions Unlawful : Supreme CourtTitle : In Re Contagion of COVID Virus In Children Protection HomesCitation : LL 2021 SC 268Supreme Court bench comprising of Justices L Nageswara Rao and Aniruddha Bose directed State Governments and Union Territories to act against NGOs which are indulging in illegal adoption.Expressing concerns about the illegal adoption of children orphaned by COVID-19, the bench ordered thus:"No adoption of affected children should be permitted contrary to the provisions of the JJ Act, 2015.Invitation to persons for adoption of orphans is contrary to law as no adoption of a child can be permitted without the involvement of CARA. Stringent action shall be taken by the State Governments/Union Territories against agencies/individuals who are responsible for indulging in this illegal activity.""The State Governments/Union Territories are directed to prevent any NGO from collecting funds in the names of the affected children by disclosing their identity and inviting interested persons to adopt them", the bench added. The order was passed in the suo moto case initiated by the court to deal with the problems of children affected by COVID (In Re Contagion of COVID Virus In Children Protection Homes). 2. Ensure No Break In Education Of Children Who Lost Parents Due To COVID : Supreme Court To States/UTsTitle : In Re Contagion of COVID Virus In Children Protection HomesCitation : LL 2021 SC 268The bench comprising Justices L Nageswara Rao and Aniruddha Bose directed State Governments and Union Territories to ensure that there is no break in the education of children who have become orphan or lost one parent due to the COVID-19 pandemic."The State Government/Union Territories should ensure that there is no break in the education of children who have become orphans or lost either one parent during the Pandemic", the Court ordered.The Supreme Court noted in the order that 30,071 children have become orphans or have lost one parent or abandoned due to COVID19 as per data collected by NCPCR till June 6 (3,621 orphans, 26,176 have lost one parent and 274 children have been abandoned).3. Supreme Court Orders Protection To Couple Who Were Denied Relief By P&H HC Observing 'Live-In Relation Is Socially & Morally Unacceptable'Title - GURWINDER SINGH & ANR. v. THE STATE OF PUNJAB & ORSHearing an appeal against the final Judgment and order by Punjab & Haryana High Court which refused to grant protection to the couple observing that the live-in-relationship, which is morally and socially not acceptable and no protection order in the petition can be passed, the Supreme Court ordered Punjab Police to Grant Protection to the Couple.The Bench of Justice Navin Sinha and Justice Ajay Rastogi granted liberty to the petitioners' couple to supplement their representations to the Superintendent of Police."Needless to state that since it concerns life and liberty, the Superintendent of Police is required to act expeditiously in accordance with law, including the grant of any protection to the petitioners in view of the apprehensions/ threats, uninfluenced by the observations of the High Court." The Court ordered.IMPORTANT APEX COURT UPDATES1. "Imposing Exorbitant Cost Will Have Chilling Effects On Citizens' Right To Question Acts Of Govt." : Appeal In SC Against HC's Refusal To Stay Construction at Central VistaA plea has been filed before the Supreme Court challenging the Delhi High Court's recent judgement dismissing PIL seeking the temporary suspension of construction work of Central Vista Redevelopment Project in wake of Covid, while also imposing costs of 1 lakh.The petitioners Anya Malhotra and Sohail Hashmi have also sought a stay on the impugned order dated 31st May 2021 as an interim relief.According to the petitioners, the impugned judgement especially the imposition of exorbitant costs will have a chilling effect on public spirited citizens raising genuine issues of public health and on right of citizens to question the acts of the Government and hold it to account.2. "High Court Has Committed Wrong" Supreme Court Takes Objection To HC's Order Granting Parole To A UAPA Convict When SLP Was Pending Before SCSupreme Court this week took objection to grant of parole to a UAPA Convict by the High Court of Rajasthan when the SLP was still pending before the Apex Court.A Division Bench of Justices Indira Banerjee and Justice MR Shah made the observation while hearing an application filed by UAPA Convict, Arun Kumar Jain who is presently lodged in Central Jail, Jodhpur, seeking grant of bail for three months on ground of his father's health.The present application had been filed in a special leave petition pending before the Supreme Court against the Rajasthan High Court's final impugned judgment dated 30th October 2018."When this SLP is pending before this Court, How has the High Court released you on parole? We...

Supreme Court Weekly Round Up June 7 To June 13, 2021

Nupur Thapliyal

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