Supreme Court Monthly Digest [January 2020]

Significant Judgments Of January 2020 Kashmir Lockdown Judgment: [Anuradha Bhasin v. Union ofIndia] A significant take away from the Supreme Court's judgement on Kashmir lockdown is its declaration that freedom of speech and expression and also freedom of trade and commerce through the medium of internet are constitutionally protected rights under Articles 19(1)(a) and Articles 19(1)(g), respectively. A bench comprising Justices N V Ramana, Surya Kant and B R Gavai declared : "We declare that the freedom of speech and expression and the freedom to practice any profession or carry on any trade, business or occupation over the medium of internet enjoys constitutional protection under Article 19(1)(a) and Article 19(1)(g). It directed the Jammu and Kashmir administration to review all orders of restrictions imposed in Jammu and Kashmir post the abrogation of the state's special status within a week. The Court observed that indefinite suspension of internet is not permissible and that repeated orders under Section 144 CrPC will amount to abuse of power. The Court also added that the Government should publish all orders of restrictions, and should follow the principles of proportionality to adopt less restrictive measures. Section 144 CrPC cannot beused as a tool to prevent legitimate expression of opinion. The bench comprising Justices NV Ramana, R Subhash Reddy and BR Gavai in its judgement in Kashmir Lock Down observed that the power under Section 144 of the Criminal Procedure cannot be used as a tool to prevent the legitimate expression of opinion or grievance or exercise of any democratic rights. The Court said that provisions of Section 144, Cr.P.C. will only be applicable in a situation of emergency and for the purpose of preventing obstruction and annoyance or injury to any person lawfully employed. Responsible Governmentsshould respect freedom of press at all times. Responsible Governments are required to respect the freedom of the press at all times, remarked the bench though it refused to entertain the 'argument of 'Chilling effect' by Anuradha Bhasin, Executive Editor of the newspaper "Kashmir Times". The bench headed by Justice NV Ramana observed that Journalists are to be accommodated in reporting and there is no justification for allowing a sword of Damocles hanging over the press indefinitely. The freedom of the press is a requirement in any democratic society for its effective functioning, the bench, also comprising of Justices R. Subhash Reddy and BR Gavai said. Nirbhaya Case: Curative, Juvenility Plea SC Dismisses Curative PleasOf Two Death Row Convicts [Vinay Sharma vs. State of NCT of Delhi] A 5-judge bench of the Supreme Court dismissed the curative petitions of Vinay Sharma and Mukesh, two of the four convicts awaiting execution of death penalty in the Nirbhaya gang rape-murder case. The bench comprising Justices N V Ramana, Arun Mishra, R F Nariman, R Banumathi and Ashok Bhushan said they did not find any merits in the curative petitions. Nirbhaya Case : SC Dismisses Plea Of Juvenility Raised By Death Row Convict Pawan Gupta [Pawan Kumar Gupta v. State of NCT of Delhi] The Supreme Court on Monday rejected the plea of juvenility raised by Pawan Kumar Gupta, one of the four death row convicts in the 2012 Delhi gangrape-murder case. A bench comprising Justices R Banumathi, Ashok Bushan and AS Bopanna held that the same claim was earlier rejected by the Court after due consideration. The bench held that Delhi High Court had rightly rejected the plea. Advocate A P Singh, lawyer of Pawan Gupta, claimed that his school records show that he was a juvenile at the time of the crime. He argued that the school leaving certificate showed his date of birth as October 8, 1996. SC Dismisses Curative Petition Filed By Nirbhaya Convict Akshay [Akshay Kumar Singh v. The State of N.C.T of Delhi] A 5-judge bench of the Supreme Court dismissed the curative petitions of Akshay, one of the four convicts awaiting execution of the death penalty in the Nirbhaya gang rape-murder case. The bench comprising Justices N V Ramana, Arun Mishra, R F Nariman, R Banumathi and Ashok Bhushan did not find any merits in the curative petitions. On January-14 the Supreme Court dismissed the curative petitions of Vinay Sharma and Mukesh, the other two convicts awaiting execution of the death penalty in the Nirbhaya gang rape-murder case.SC Dismisses Nirbhaya Convict Mukesh's Plea Against Mercy Rejection By President [Mukesh Kumar v. Union of India & Ors.]A bench comprising Justices R Banumathi, Ashok Bhushan and AS Bopanna reserved orders on the plea filed by Mukesh Singh, one of the four death row convicts against the rejection of his mercy plea. With this, the last legal remedy available for the convict against the death sentence has been extinguished. The court held that there was no merit in the contention that no material was placed before ...

Supreme Court Monthly Digest [January 2020]

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