Supreme Court Weekly Round Up

1. Transport Stranded Migrants To Native Places Within 15 Days; Consider Withdrawing Cases Taken Against Them For Lockdown Violations : SC [In Re: Problems & Miseries of Migrant Workers]The Supreme Court bench of Justice Ashok Bhushan, SK Kaul & MR Shah passed a slew of directions in the suo motu case taken on the crisis of migrant workers during lockdown. These include all States and UTs to identify stranded migrants and transport them back to native places within 15 days; States to consider withdrawal of all cases filed against migrants under Disaster Management Act for lockdown violations, for attempting to walk to native places, crowding at stations etc.; In event of demand of Shramiktrains, the railways shall provide trains within 24 hours; Provide all schemes to migrant workers and publicise them; Help desks to be established to help migrants to avail employment opportunities among others. The case will be further listed on July 8 to take further stock of progress.2. SC Gives Option To Establishments And Workers To Negotiate On Full Payment Of Wages, Regardless Of MHA Order [Ficus Pax Pvt Ltd Vs Union Of India & Connected Cases]The Supreme Court directed that negotiations between establishments and workers on the full payment of wages be effectuated, regardless of the direction issued by the Ministry of Home Affairs on March 29. A bench of Justices Ashok Bhushan, S K Kaul & M R Shah stated that Centre and states have must circulate court order through labour departments to facilitate settlements. The case will be next taken up during the last week of July. The SC direction against coercive action against employers on the MHA Order will continue till then.Also Read: [Payment Of Wages During Lockdown] Read The Interim Directions Passed by Supreme Court4. 'Sorry State Of Affairs': SC Issues Notice To Delhi,Maharashtra, Gujarat, Tamil Nadu & West Bengal Over COVID-19 Management [In Re Proper Treatment Of COVID-19 Patients And Dignified Handling Of Dead Bodies In The Hospitals, Etc.]The Supreme Court issued notice to the Governments of NCT of Delhi, Maharashtra, West Bengal, Gujarat and Tamil Nadu over management of COVID-19 situation. A bench of Justices Ashok bhushan, SK Kaul & MR Shah directed that the Chief Secretaries of these states should take immediate note of state of patient care in government hospitals and formulate a detailed status report in this regard. The Court has also directed the Central Government to submit its response in the matter. The case will be next taken on June 17.Also Read: 'Non-Testing Of Patients Is Not A Solution To The Problem': Supreme Court Directs State Governments To Increase Covid Testing5. SC Refuses To Stay FIR Registered Against Journalist Vinod Dua Alleging Sedition [Vinod Dua V. Union of India]In a special Sunday sitting, the Supreme Court refused to stay the direction issued by Shimla police to journalist Vinod Dua under Section 160 of Code of Criminal Procedure asking him to appear before them in relation to investigation in an FIR alleging sedition. A bench comprising Justices U U Lalit, Mohan M Shantanagoudar & Vineet Saran issued notice to the Centre, Himachal Pradesh Government and police. The Court has however directed that Dua should not be arrested until July 6, the next hearing date for the case. The police may interrogate Dua at his residence, the bench added. The Court has also asked for a status report on probe by the State Government.6. [AGR Dues Of Telcos] SC Asks Department Of Telecommunication To Reconsider Claims Raised On PSU's Basis October 2019 Verdict; Says "Misuse Of Verdict" [In Re: Mandar Deshpande & Connected Cases]The Supreme Court directed the Department of Telecommunication to reconsider the claims raised on Public Sector Undertakings on the basis of the October 2019 verdict in the case pertaining to AGR dues of telecom companies. The bench of Justices Arun Mishra, S. Abdul Nazeer & MR Shah also directed the telecom companies to file affidavits explaining the time needed by them to clear the dues on account of the AGR verdict. Court passed the order while considering an application filed by DoT to allow telecom firms to pay the mammoth AGR dues worth Rs 1.43 lakh crore in a staggered fashion spread over 20 years.Also Read: 20 Years Period To Clear AGR Dues Not Reasonable : SC On Centre's Plea To Allow Time For Telecos7. [Palghar Lynching] SC Issues Notice On Plea For CBI/NIA Probe [Mahant Shraddhanand Saraswati & Ors V. State Of Maharashtra & Connected Cases]Th Supreme Court issued notice in a petitions seeking NIA and CBI probe into the Palghar Lynching case. A bench comprising Justices Ashok Bushan, M R Shah and V Ramasubramanian issued notice in the petitions filed by filed by Hindu Sadhus of Shri Panch Dashban Juna Akhara and relatives of the two deceased Sadhu's, alleging bias by the State authorities currently investigating the matter. While the petition filed by Juna Akhara Sadhus sought CBI probe, the petition filed by...

Supreme Court Weekly Round Up

Sanya Talwar

Week Commencing June 8 to June 14, 2020

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