Supreme Court Weekly Round Up

1. 'Comments Were Not Out Of Malice; But Out Of Love & Affection For Court', Says Bhushan As SC Reserves Orders On Contempt Case [In Re Prashant Bhushan & Anr.]The Supreme Court on Wednesday reserved orders on the contempt case taken against Advocate Prashant Bhushan over his tweets about the Chief Justice of India and the Supreme Court. Bhushan defended the tweets by saying that they amounted to fair criticism of the Court, and did not scandalize the institution. Dushyant Dave, Senior Advocate, appearing for Bhushan, submitted before a bench comprising Justices Arun Mishra, B R Gavai & Krishna Murari : "His comments are not out of malice. If he feels there were certain aspects where the court could have done something differently, it could be taken as a suggestion. His criticism is not out of malice. It's out of love and affection for the court. It's not personal. We all want the court to be stronger. This is what the constitution says regarding the separation of power..citizen may question"Also Read: SC Dismisses Prashant Bhushan's Petition Challenging Registry's Handling Of Contempt ComplaintAlso Read: 'Why Only Certain Judges Get Politically Sensitive Matters?' : Dave Raises Points Of Criticism Against SC In Prashant Bhushan Contempt Case2. 'Sushant Singh's Father Pursuing Case': SC Dismisses Law Student's Plea For Probe Into Actor's Death [Dwivendra Devtadeen Dubey V. Union of India & Ors.]The Supreme Court dismissed a plea filed by a law student, seeking for directions to the State of Bihar to transfer the investigation pertaining to the alleged suicide of Sushant Singh Rajput to either CBI or NIA in wake of the peculiar facts and circumstances of the case. A Bench comprising CJI SA Bobde, Justices AS Bopanna & V. Ramasubramaniun heard the matter and noted that Rajput's father was already pursuing the case, and that a law student did not have any reason to venture into it.3. 'You Have Waited For A While, Wait For Another Two Days': SC On Contempt Plea Against Jammu and Kashmir Administration In 4G Restoration Matter [Foundation for Media Professionals V. Union of India & Ors.]"Answer whether any area is open for restoration of 4G", asked the Supreme Court to the Centre on Friday, while adjourning the contempt petition filed by Foundation for Media Professionals (FMP) over the non-constitution of Special Committee to review the ban on 4G speed internet in Jammu and Kashmir. A bench of Justices NV Ramana, R. Subash Reddy & BR Gavai heard the matter and asked Solicitor-General Tushar Mehta, appearing on behalf of Union Territory of Jammu and Kashmir, whether it was possible to restore 4G internet services in some areas. Court will now take up this issue for further consideration on August 11.4. [Tablighi Jamaat]Centre Informs SC Of Withdrawal Of Look Out Notices; Court Orders Consolidation Of Trials and Directs Expeditious Disposal [Maulana Ala Hadrami & Ors. V. Union of India & Anr.]The Centre informed Supreme Court that look out notices issued against foreign nationals for their alleged involvement in Tablighi Jamaat activities at Delhi's Nizammuddin Markaz have been withdrawn. Thus, Solicitor General Tushar Mehta apprised the Court that all such foreign nationals, who were initially blacklisted by the Ministry of Home Affairs, may leave the country during the pendency of trial against them. Upon being asked about the status of criminal trials, Mehta informed the bench comprising Justices AM Khanwilkar & Dinesh Maheshwari that 10 out of the 34 petitioners had chosen to contest the criminal cases against them instead of opting for a plea bargain. The Court has now listed the matter after 8 weeks, with the expectation that all pending trials will be disposed of by that time, and granted the petitioners liberty to approach Court if required in the interim period.5. Sushant Singh Rajput Suicide: SC Refuses To Stay Investigation Against Rhea Chakraborty; Says 'Allegations Are Serious' [Rhea Chakraborty V. State of Bihar & Anr.]The Centre informed the Supreme Court on Wednesday that it has accepted the Bihar Government's recommendation for a CBI probe into the late actor Sushant Singh Rajput's death case. A bench of Justice Hrishikesh Roy refused to grant a stay in the Bollywood actress Rhea Chakraborty's plea seeking transfer of an FIR filed against her from Patna to Mumbai and the stay on the investigation by the Bihar police on the allegations of Sushant Singh Rajput's father that she abetted suicide of his actor son. The bench granted 3 days to all parties to file reply and sought an update from State of Maharashtra on the Investigation done by Mumbai Police.6. Yatin Oza Offers Unconditional Apology For His Remarks Against Gujarat HC; SC Says He Has Greater Responsibility As A Leader Of The Bar [Yatin N. Oza V. High Court of Gujarat]Advocate Yatin Oza, whose senior designation was stripped off by the full court of Gujarat High Court, offered before the Supreme Court to make an unconditional apology to...

Supreme Court Weekly Round Up

Sanya Talwar

Week Commencing August 3 to August 10, 2020

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