Supreme Court Weekly Round Up

Top Stories This Week:1. SC Issues Notice In Arnab Goswami's Plea Challenging "Breach Of Privilege Motion" Notice By Maharashtra Assembly [Arnab Goswami V. Maharashtra Legislative Assembly]The Supreme Court issued notice in a plea by Arnab Goswami, Journalist and Editor-in-Chief of Republic Media Network, challenging the breach of privilege motion against him by Maharashtra Assembly & Legislative Council. A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun issued notice to the Maharashtra Legislative Assembly and stated that the matter will be returnable in a week.Also Read: 'I'm On Demurrer. I May Have Lied, Defamed - Everything May be True. But House Still Could Not Issue Notice Or Even Investigate': Sr. Adv. Harish Salve, For Arnab Goswami, Tells SC2. "Covid 19 Is Not A Public Emergency": SC Quashes Gujarat Govts' Notification Extending Work Hours Under Factories Act Without Overtime Pay [Gujarat Mazdoor Sabha V. State of Gujarat]The Supreme Court has quashed the notification issued by the Gujarat Labour and Employment Department granting exemptions to all factories in Gujarat from provisions of the Factories Act, 1948 relating to daily working hours, weekly working hours, intervals for rest and spread overs of adult workers as well as from payment of overtime wages at double rates viz. Section 59. A bench of Justices DY Chandrachud, KM Joseph & Indu Malhotra has held that the pandemic situation cannot be a reason to do away with statutory provisions that provide dignity and rights for workers by the Gujarat Government. In this context, the bench has stated that the pandemic is not a "public emergency" within the meaning of Section 5 of the Factories Act threatening security of the country.Also Read: Workers' Right To Life Cannot Be Deemed Contingent On The Mercy Of Their Employer Or The State: SC Quashes Gujarat Govt. NotificationAlso Read: SC Warns About Sobering Lessons Learnt From Our Not-Too-Distant History Of Emergency EraAlso Read: The Phrase Of This Court As 'Sentinel On The Qui Vive' May Have Become Weather-Beaten, Judges Must Constantly Remind Themselves Of Its Value: SC3. "The Constitution Bench Judgment Left Some Questions Unsaid, Requires Examination": CJI SA Bobde The Supreme Court on Monday orally remarked that the Constitutional Bench judgment on Land Acquisition [Indore Development Authority V. Manoharlal & Ors.] left certain questions unsaid and required examination. A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun said that there were some questions which were required to be discussed and some aspects were left unsaid by the 5-judge bench decision which was delivered on March 6, 2020. In this context, CJI SA Bobde remarked that the bench would like to be clear about certain aspects and sought the Solicitor General's assistance. Apropos this, CJI SA Bobde orally said, "the judgment has given the Government laxity, which the parliament did not want to give government."4. UPSC Civil Service Examination Cannot Be Postponed, SC Directs UPSC To Consider An Extra Attempt To Last Chance Candidate [Vasireddy Prakash V. UPSC]The Supreme Court on Wednesday dismissed the plea seeking for postponement of the Union Public Service Examination (UPSC) 2020 in wake of the COVID-19 pandemic. The exam is scheduled for October 4, 2020. A bench of Justices AM Khanwilkar, BR Gavai and Krishna Murari refused to postpone the examination and issued directions to UPSC as well as the Centre to consider that aspirants who were on their last attempt would be given another chance, without extending the upper age-limit. The Court further noted that as exams had been conducted in the recent past, it was a testimony to the fact that the SOP was followed by the Ministry of Home Affairs in conducting these examinations.5. Prashant Bhushan Files Review Petition Against Sentence Order in The Contempt Case [In Re Prashant Bhushan & Anr.]Advocate Prashant Bhushan has filed another petition in the Supreme Court, this time seeking review of the sentencing order August 31, 2020, whereby the Top Court imposed a fine of Re. 1 upon him in the suo moto contempt case. While Mr. Bhushan has paid the fine, he seeks to agitate the punishment in default of the fine.6. [Airfare Refunds] SC Accepts DGCA Recommendations; Refunds To Accrue To Travel Agents For Tickets Booked Through Them [Pravasi Legal Cell V. Union of India]The Supreme Court on Thursday accepted the recommendations made by Directorate General of Civil Aviation (DGCA) regarding for refund of airfare of tickets booked during the COVID-19 induced lockdown. A bench of Justices Ashok Bhushan, Subhash Reddy & MR Shah stated that the petitions shall stand disposed of in terms of the DGCA proposals and the vouchers for tickets issued by travel agents shall be utilised by travel agents only when refunds are effectuated. This means that tickets which the passengers have booked through travel agents shall be refunded to travel...

Supreme Court Weekly Round Up

Sanya Talwar

Week Commencing September 28 to October 4, 2020

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