Supreme Court Judgments Weekly Round Up: November 7- November 13, 2022

PMLA Prosecution Cannot Continue If Accused Is Discharged From The Scheduled Offence: Supreme Court The Supreme Court reiterated that the prosecution under the Prevention of Money-Laundering Act cannot continue if the accused is discharged from the scheduled offence. The court observed thus while allowing a writ petition filed by one Indrani Patnaik and others. They contended that their prosecution in relation to the scheduled offence had already come to an end as they were discharged from the criminal case. They contended that consequentially, the PMLA proceedings also could not continue. Supreme Court Upholds EWS Quota By 3:2 Majority; CJI Lalit & Justice Bhat In Minority The Supreme Court Constitution Bench has by 3:2 majority upheld the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections (EWS) in education and public employment. While Justices Dinesh Maheshwari, Bela Trivedi and JB Pardiwala upheld the 103rd Constitution Amendment, Justice S Ravindra Bhat wrote a dissenting judgment to strike it down. Chief Justice of India Uday Umesh Lalit concurred with the minority view of Justice Bhat. Supreme Court Upholds Decision Of Allahabad High Court To Disqualify Azam Khan's Son For Not Meeting Age Criteria A Division Bench of the Supreme Court of India on Monday dismissed the challenge against a decision of the Allahabad High Court to disqualify Rampur MLA Mohd. Abdullah Azam Khan for not having attained the age of 25 years on the date of the election as prescribed in Article 173(b) of the Constitution. In 2019, the Allahabad High Court struck a major blow to Khan's electoral aspirations when the petitioner, one Nawab Kazam Ali Khan, moved the Court claiming that the young politician from the Samajwadi Party had falsely represented himself to be older for the purpose of contesting the assembly elections. The Bench, comprising Justices Ajay Rastogi and B.V. Nagarathna, dismissed the appeal, with Justice B.V. Nagarathna delivering a separate but concurring judgement. Supreme Court Holds PILs Filed In HC For Probe Against Jharkhand CM Hemant Soren As Not Maintainable In a relief to the Chief Minister of Jharkhand Hemant Soren, the Supreme Court on Monday held that the Public Interest Litigation petitions filed in the Jharkhand High Court seeking probe against him for alleged money laundering are not maintainable. The Top Court set aside the order of the High Court which held as maintainable the PILs which sought probe against Soren for alleged money laundering through shell companies and obtaining a mining lease while he was in power. Reservation Can't Continue Indefinitely, Should Be Revisited For "Casteless Classless Society": Supreme Court Judges In EWS Quota Case Two Supreme Court judges who were in the majority which upheld the 10% quota for Economically Weaker Sections (EWS) made observations in their judgments regarding the need for a time-limit for reservations. Justice Bela Trivedi, as parting comments in her judgment, stated that there is a need to revisit the system of reservation after 75 years of independence. Justice Pardiwala, concurring with the majority view upholding the EWS quota, said that reservation cannot go on for an indefinite period so as to become a "vested interest". Bulk Of Poor Belongs To SC/ST/OBC Categories, Excluding Them From EWS Quota Arbitrary & Discriminatory : Supreme Court's Minority View The Supreme Court Court Constitution Bench has by 3:2 majority upheld the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections (EWS) in education and public employment. While Justices Dinesh Maheshwari, Bela Trivedi and JB Pardiwala upheld the 103rd Constitution Amendment, Justice S Ravindra Bhat wrote a dissenting judgment to strike it down. Chief Justice of India Uday Umesh Lalit concurred with the minority view of Justice Bhat. 50% Ceiling Limit For Reservation Flexible: Supreme Court In EWS Quota Case In an important judgement, the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections (EWS) in education and public employment was upheld by the Supreme Court Constitution Bench with a 3:2 majority. Justices Dinesh Maheshwari, Bela Trivedi and JB Pardiwala upheld the amendment and Justice S Ravindra Bhat along with CJI UU Lalit dissented with the majority view. While upholding the amendment, Justice Dinesh Maheshwari stated that the 50% ceiling limit was "not inflexible" and thus, the breaching of the said limit did not violate the basic structure of the Indian Constitution in any way. "Basic Structure Not Violated" : Supreme Court Upholds Application Of EWS Quota To Private Unaided Educational Institutions The Supreme Court held that 103rd Constitution Amendment ...

Supreme Court Judgments Weekly Round Up: November 7- November 13, 2022

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