Supreme Court Weekly Round-Up
Finger Print Evidence Of Accused Taken Without Magistrate's Order Not Illegal [Ashish Jain vs. Makrand Singh]
The Supreme Court observed that merely due to the absence of a magisterial order authorizing the police to obtain fingerprints of the accused, it cannot be held that the fingerprint evidence was illegally obtained. The bench comprising Justice NV Ramana and Justice Mohan M. Shantanagoudar was considering the issue of legality of fingerprints obtained without magistrate order authorizing it.
The bench also observed that there is no evidentiary value to an involuntary confessional statement made under undue pressure and compulsion from the investigating officer, even when it leads to the recovery of material objects in relation to a crime.
Why Should They Speak Lie: Deceased's Parents Are Most Natural Witnesses in Dowry Death Case [Mahadevappa vs. State of Karnataka]
The Supreme Court upheld conviction of a man accused of dowry death, relying on the evidence of his deceased wife's parents and relatives. In this case the prosecution had alleged that, the accused poured kerosene oil on his wife Rukmini Bai when she was in kitchen and set her on fire. The Trial Court had acquitted him holding that the prosecution was not able to prove the charge of demand of dowry against him. It had also held that there is no proof that she suffered homicidal death. The High Court, on state's appeal, reversed these findings and convicted the accused. The accused challenged the conviction before the Apex court.
He May Be A Reformed Person Already: SC Commutes Death Sentence To Pune Driver Who Killed 9 By His Murderous 'Joy Ride' [Santosh Maruti Mane V. State of Maharashtra]
The Supreme Court, last week, commuted death penalty awarded to a bus driver whose murderous 'joy ride' had resulted in death of nine persons in the year 2012. The bench comprising of Justice AK Sikri, Justice S. Abdul Nazeer and Justice MR Shah observed that though the defence of insanity is not established in this case, the accused was under mental strain and stress which resulted in the tragedy.
State Cannot Thrust Its Own Notions Of Morality On Society [Indian Hotel and Restaurants Association (Ahar) V. State of Maharashtra]
While relaxing the stringent conditions imposed by the Government for getting license for dance bars, the Supreme Court observed that State cannot thrust its own notion of morality on the society. The bench comprising Justices AK Sikri and Ashok Bhushan considering the submissions about 'morality' made by the Maharashtra State Counsel Senior Advocate Shekhar Naphade, examined the extent to which the State can go in imposing 'morality' on its citizens?
Mere Allegations Of Harassment Without Proximate Positive Action Not Sufficient For Conviction U/S 306 IPC [Rajesh vs. State of Haryana]
The Supreme Court reiterated that conviction under Section 306 of the Indian Penal Code (Abetment of Suicide) is not sustainable on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused, which led or compelled the person to commit suicide.
'Cheque Bounce' Complaint Based On Second Notice After Re-Presentation Of Cheque Maintainable [Sicagen India Ltd vs. Mahindra Vadineni]
The Supreme Court held that a 'cheque bounce' complaint filed based on the second statutory notice issued after re-presentation of cheques, is maintainable.
SC Grants Parole To TADA Convict After 24 Years Custody
The Supreme Court, on Thursday, granted parole to one of the convicts in the bomb blasts that were orchestrated in various trains during the night intervening 5th and 6th of December, 1993. The blasts had taken place in six Rajdhani Express trains across the country, killing two people and injuring several others. 16 people were then convicted under the now-repealed Terrorist and Disruptive Activities (Prevention) Act by the designated TADA court at Ajmer in 2004. A Bench comprising Justice UU Lalit and Justice KM Joseph now noted that the petitioner, Mohammed Shamsuddin had been in 24 years of actual custody and has never been released on parole.
Rape And Murder Of 8Yr Old Girl: SC Commutes Death Sentence To 25 Yrs Imprisonment Without Remission
The Supreme Court on Friday commuted to life imprisonment the death sentence, as confirmed by the Madhya Pradesh High Court, of a convicted for the rape and murder of an eight-year old girl. The bench of Justices S. A. Bobde, L. Nageswara Rao and R. Subhash Reddy noted that the appellant was charge-sheeted under Sections 5 and 6 of Protection of Children from Sexual Offences Act, 2012, in addition to the offences under Sections 302, 363, 366 and 376(2)(i) of the IPC.
There Cannot Be A Total Prohibition Of Dance Bars In Maharashtra;SC Relaxes Stringent Conditions For Licence
The Supreme Court on Tuesday held that there cannot be a total prohibition of dance bars in Maharashtra. The Bench has also relaxed the stringent conditions imposed by the Government for getting license for dance bars The two Judge bench of Justices AK Sikri and Ashok Bhushan was delivering Judgement in a batch of petitions filed by various bar owners and 'Bharatiya Bargirls Union' challenging the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (Working therein) Act, 2016.
SC Asks Director Of Real Estate Firm To Surrender As Homebuyers Challenge Protection From Arrest
In some relief to over 400 investors who have been duped of thousands of crores of rupees invested in the now-abandoned project called Cosmo-city on Dwarka Expressway, the Supreme Court ordered a director of real estate firm ADEL Landmarks Ltd to surrender forthwith while setting aside the order of the Delhi High Court by which he was granted protection from arrest.
Supreme Court bench headed by Chief Justice Ranjan Gogoi issued notice on Congress Leader Sajjan Kumar's plea against his conviction and sentence in the 1984 Anti-Sikh Riots Case. A bench of Justices S Muralidhar and Vinod Goel said it saw no grounds to grant him the relief and rejected his application. It had asked Kumar to surrender by December 31.
SC Directs Kerala Govt To Give Adequate Protection To Two Women Who Entered Sabarimala
The Supreme Court on Friday directed the state of Kerala to ensure that Bindu and Kanaka Durga, the two women who had entered the Sabarimala Temple on Janaury 2, are provided "adequate security, round-the-clock". The bench headed by Chief Justice Ranjan Gogoi had awarded an urgent hearing on their petition, after it was mentioned by Senior Advocate Indira Jaising on Thursday, submitting that the women were living under constant fear and that they needed police protection and security from the agitated mob protesting their temple entry.
Challenge Against 69 IT Act And MHA Notification On Monitoring Computers: SC Issues Notice To Centre
The Supreme Court on Monday issued notice on a string of PILs challenging the Ministry of Home Affairs' order dated December 20 authorising ten Security and Intelligence agencies to intercept, monitor and decrypt "any information generated, transmitted, received or stored in any computer."
Koregaon-Bhima Case: SC Refuses To Quash FIR Against Activist Anand Teltumbde
The Supreme Court on Monday refused to quash Pune Police's FIR against civil rights activist Anand Teltumbde for his alleged role in the Elgar Parishad-Koregaon Bhima violence and for his alleged Maoist links. The apex court also refused to interfere with the ongoing investigation in the case.
SC Dismisses Pleas Of 5 States Seeking Modification Of Its Order On DGPs
The Supreme Court on Wednesday declined to dilute its last year's directions in respect of the selection and the appointment of the DGPs at the behest of the states of West Bengal, Kerala, Bihar, Punjab and Haryana.
SC Declines Permission For BJP's Ratha Yatra In WB, Asks To Submit Revised Scheme To Govt
To the disappointment of the BJP's West Bengal outfit, the Supreme Court on Tuesday took the view that the apprehensions of the state government regarding the conduct of Ratha Yatras by the former are not entirely baseless and that it may, to procure permission in this behalf, put to rest the law and order concerns of the TMC government in the state by way of a new proposal.
SC Asks Search Committee On Lokpal To Recommend Names By Feb End
The Supreme Court Thursday fixed a February-end deadline for the search committee on Lokpal to recommend a panel of names for appointment of the country's first anti-graft ombudsman. The search committee is headed by former apex court judge Ranjana Prakash Desai. A bench headed by Chief Justice Ranjan Gogoi directed the Centre to provide the search committee requisite infrastructure and manpower to enable it to complete its work.
SC Adjourns Plea Of Assam Based NGO Against Grant Of Citizenship To Illegal Migrants
Taking note of the Citizenship(Amendment) Bill pending in the Rajya Sabha, the Supreme Court on Minday adjourned the hearing of a PIL which challenges the orders issued by the Central Government making way to grant of citizenship to illegal migrants.
SC Dismisses Miniratna PSU's Plea Against Demolition Of Wall In Elephant Corridor
Elephant has first right over forest, said the Supreme Court on Friday as it dismissed the plea of miniratna Public Sector Undertaking Numaligarh Refinery Ltd (NRL) and ordered it to demolish the entire 2.2 km of wall with barbed wire and razor-edge fencing right in the middle of an elephant corridor for expansion of its township in the proposed Deopahar reserve forest area, in close proximity to the Kaziranga National Park.