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Supreme Court Weekly Round Up

Sanya Talwar
28 Jun 2020 11:13 AM GMT
Supreme Court Weekly Round Up

Week Commencing June 22 to June 28, 2020

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1. SC Allows Jagannath Rath Yatra At Puri On Conditions [Odisha Vikash Parishad V. Union of India & Ors]

Modifying the absolute stay on conduct of Jagannath Rath Yatra in Odisha, the Supreme Court on Monday allowed the Rath Yatra at Puri, observing the strict restrictions and regulations of the Centre and the State Government. A bench comprising Chief Justice SA Bobde, Justices Dinesh Maheshwari & AS Bopanna ordered that the Centre and State should "work in tandem" with conditions that included imposition of a curfew in the city of Puri on all days and during the time when Chariots are taken in procession, maintenance of social distancing during chariot pulling and others.

Also Read: Curfew During Procession, Social Distancing, Only COVID19 Negative Persons To Pull Rath : Read SC Directions On Puri Jagannath Rath Yatra

2. SC Accepts CBSE Notification Cancelling Examinations [Read CBSE's Assessment Scheme For Class X & XII] [Amit Bhathla V. CBSE & Anr.]

The Supreme Court accepted the draft notification issued by the Central Board of Secondary Examination regarding the assessment scheme for the cancelled examinations of Class X and XII exams. The CBSE filed an affidavit in the Court explaining the assessment scheme. The CISCE also told the bench that the ICSE exams have also been cancelled and that they will publish the assessment scheme soon. Taking note of the affidavits of CBSE and ICSE, a bench comprising Justices A M Khanwilkar, Dinesh Maheshwari & Sanjiv Khanna disposed of the petitions, and also similar cases pending in High Courts.

Also Read: All You Want To Know About CBSE's Assessment Scheme For Class X & XII As Accepted by Supreme Court

3. SC Stays Investigation & Coercive Action On Multiple FIRs Against Journalist Amish Devgan Over Remarks On Sufi Saint Moinuddin Chishti [Amish Devgan V. Union of India]

The Supreme Court on Friday stayed investigation and coercive action against News18 anchor Amish Devgan on the multiple FIRs registered against him over his remarks on Sufi saint Khwaja Moinuddin Chishti till the next date of hearing. A vacation bench of Justices AM Khanwilkar, Dinesh Maheshwari & Sanjiv Khanna issued notice on his writ petition seeking quashing of the FIRs and asked him to implead all the defacto complainants. The notice is returnable by July 8 and the matter will be listed after that.

4. SC Stays West Bengal Police Probe In FIRs Against OpIndia Editor Nupur Sharma, CEO Rahul Roushan Etc [Nupur J. Sharma & Ors. V. State Of West Bengal & Ors]

The Supreme Court passed an interim order staying the investigation in three FIRs registered by West Bengal police against the editors and founders of online news portal 'OpIndia'. A bench comprising Justices Sanjay Kishan Kaul B R Gavai passed the order in the writ petition filed by Nupur J Sharma, Editor of OpIndia, her husband Vaibhav Sharma, founder and CEO of the news portal Rahul Roushan and the Editor of the Hindi wing of the platform Ajeet Bharti.

5. SC Refuses To Interfere With Calcutta HC Order Directing Action Against Bank of Baroda; Says 'It Is Open To RBI To Modify HC Direction' [Banks of Baroda V. Indian Oil Corporation Ltd. & Ors.]

The Supreme Court dismissed the special leave petition filed by Bank of Baroda(BoB) against the February 10 order of the Calcutta High Court, which had directed the Reserve Bank of India to consider taking steps against the BoB, including cancellation of its license, for not honouring its commitments on an unconditional bank guarantee. Though the SC dismissed the BoB's appeal, it has granted liberty to the Reserve Bank of India to take such action as necessary, in modification of the peremptory directions of the Calcutta HC. This means that the compulsory tone of the the Calcutta HC direction has been diluted by a bench comprising Justices Hemant Gupta & Aniruddha Bose. The top court has now left the matter to the discretion of the RBI.

6. HC Cannot Convert Itself Into Court Of Appeal While Considering Petitions Under Article 227: SC [Mohd. Inam V. Sanjay Kumar Singhal & Ors.]

The Supreme Court reiterated that while hearing a petition under Article 227 of the Constitution of India, a High Court cannot convert itself into a court of appeal. A bench of Justices Navin Sinha & BR Gavai observed that the High Court ignored the the legal position expounded in a three judge bench judgment in Achal Misra vs. Rama Shanker Singh wherein it was specifically held, that even if a party does not challenge the vacancy order by way of writ petition, it is still open to it to challenge the same order along with the final order passed under Section 16 in the revision under Section 18 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.

7. Power U/s 482 CrPC Can Be Exercised To Quash Criminal Proceedings Which Are Ex Facie Bad For Want Of Sanction: SC [D. Devraka V Owais Sabeer Hussain]

The Supreme Court has observed that the power under Section 482 of Code of Criminal Procedure can be exercised to quash criminal proceedings which are ex facie bad for want of sanction, frivolous or in abuse of process of court. A bench of Justices R. Banumathi & Indira Banerjee observed that, sanction was a legal requirement which empowers the Court to take Cognizance and the High Court ought to have exercised its power to quash the complaint instead of remitting the appellant to an application under Section 245 of the Criminal Procedure Code to seek discharge.

8. Interim Orders In Writ Petitions Involving Contractual Matters Should Be Passed Only After Carefully Weighing Public Interest: SC [Rajasthan State Warehousing Corporation Vs. Star Agriwarehousing And Collateral Management Limited]

The Supreme Court has reiterated that passing any interim orders in writ petitions involving contractual matters, the courts must carefully weigh conflicting public interests. The bench observed that the grant of interim order impinges upon the grant of contract by the state and is not in public interest that too without recording any reasons. A bench comprising Justices Hemant Gupta & Aniruddha Bose the grant of interim order impinges upon the grant of contract by the state and is not in public interest that too without recording any reasons. While allowing the appeal.

9. Franklin Templeton : SC Transfers Pleas In Madras, Delhi & Gujarat HCs Against Winding Up Of Debt Funds To Karnataka HC [Franklin Templeton Trustee Services Private Ltd. & Anr. V. Areez Phirozsha Khambatta & Ors.]

The Supreme Court has transferred the petitions pending in the High Courts of Gujarat, Madras and Delhi challenging the winding up of the debt funds of Franklin Templeton to the High Court of Karnataka. The order came in the transfer petition filed by Franklin Templeton seeking consolidation of various petitions filed with respect to the winding up of debt funds. "Let the matters be transmitted to the High Court of Karnataka within 15 days by the concerned High Courts. Let the High Court of Karnataka hear and finally decide the matter, including the SEBI appeal, within three months", ordered a bench comprising Justices Arun Mishra & S Abdul Nazeer.

10. SC Issues Notice On J&K HC Bar Association President Mian Abdul Qayoom's Habeas Plea Against Detention Order [Mian Abdul Qayoom V. Union of India]

The Supreme Court issued notice in a plea filed by Senior Advocate and Jammu and Kashmir Bar Association President Mian Abdul Qayoom, challenging the 28th May, 2020 Order of the J&K High Court which dismissed his habeas corpus petition and upheld his detention under the J&K Public Safety Act, 1978. A Bench of Justices Sanjay Kishan Kaul BR Gavai heard the matter and issued notice on the same, returnable in the first week of July after reopening of the Supreme Court. An interim order has also been passed to provide the Qayoom with summer clothing and daily essentials while he remains in detention at Tihar Jail.

11. SC Dismisses Review Petitions Against Judgment Decriminalizing Adultery [All Religious Affinity Movement V. Joseph Shine & Anr]

The Supreme Court has dismissed two review petitions filed against its judgment which decriminalized adultery by striking down Section 497 of the Indian Penal Code. An organisation named All Religious Affinity Movement had filed one of the review petitions against the judgment. A bench of CJI SA Bobde, Justices RF Nariman, AM Khanwilkar, DY Chandrachud & Indu Malhotra dismissed the plea observing that they did not find any ground to entertain the same.

12. Tablighi Jamaat : SC Asks Foreign Nationals To Serve Copy Of Plea Against Blacklisting Order To Centre [Maulana Ala Hadrami & Ors. V. Union of India]

The Supreme Court on Friday asked the foreign nationals who challenged the Ministry of Home Affairs's order blacklisting them for alleged participation in Tablighi Jamaat activities to serve the copy of their petition to the Central Government. A bench comprising Justices A M Khanwilkar, Dinesh Maheshwari & Sanjiv Khanna said that their pleas will be heard on Monday.

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