Supreme Court Weekly Round Up

Sanya Talwar

18 Oct 2020 1:33 PM GMT

  • Supreme Court Weekly Round Up

    Week Commencing October 12 to October 18, 2020

    Top Stories of The Week:'Have Faith In Our HCs' : SC Asks Republic TV To Move Bombay HC With Plea Challenging Mumbai Police Summons In TRP Case [ ARG Outlier Media Pvt. Ltd. Through Its Directors Vs. State of Maharashtra]The Supreme Court refused to entertain a writ petition filed by the company running Republic TV and its chief Mr. Arnab Goswami seeking to quash the summons issued by the...

    Top Stories of The Week:

    'Have Faith In Our HCs' : SC Asks Republic TV To Move Bombay HC With Plea Challenging Mumbai Police Summons In TRP Case [ ARG Outlier Media Pvt. Ltd. Through Its Directors Vs. State of Maharashtra]

    The Supreme Court refused to entertain a writ petition filed by the company running Republic TV and its chief Mr. Arnab Goswami seeking to quash the summons issued by the Mumbai police in the FIR alleging manipulation of Television Rating Points(TRP). The Court granted the petitioners liberty to approach the High Court. "We must have faith in our HCs. Without the intervention of the HC, it sends a bad message to the HC. They have been functioning throughout the pandemic", Justice DY Chandrachud remarked. "Go under Article 226 or Section 482", Justice Indu Malhotra too weighed in.

    Also Read: "We Are Also Concerned With The Tendency Of Police Commissioners Giving Interviews":SC In Republic Vs Mumbai Police TRP Case

    Also Read: "Article 19(1)(a) Cannot Be Used As A Shield Against Commission Of Crime": Mumbai Police Tells SC In Republic TV's Plea Against Investigation In TRP Scam Case

    SC Appoints Justice Madan B Lokur Committee To Monitor And Suggest Steps To Prevent Stubble Burning In Punjab, Haryana & Uttar Pradesh [Aditya Dubey V. UOI]

    The Supreme Court has appointed a One Man Committee of Justice (Retd.) Madan B. Lokur to monitor and take steps to prevent stubble burning in the states of Punjab, Haryana & Uttar Pradesh. A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun accepted the suggestion in the plea by a Class XII Student Aditya Dubey to appoint a one-man committee of Justice Lokur to prevent stubble burning, stating that the Chief secretaries of Punjab, Haryana & UP shall enable Justice Lokur to order to devise additional means and methods for preventing burning or stubble in the states.

    Also Read: "What Reservations You Have?" SC Rejects SG's Objection On Appointment Of Justice Lokur As One-Man Panel To Prevent Stubble Burning

    SC Issues Notice To Attorney General On Plea Challenging Bail Condition Imposed On Accused Requesting Victim To Tie Him A Rakhi [Aparna Bhatt V. MP HC]

    The Supreme Court issued notice to the Attorney General on a plea challenging a Bail Condition, imposed upon an accused by Madhya Pradesh HC, of getting Rakhi tied by the Complainant, who had levelled Charges of Outraging her Modesty against him. A bench of Justices AM Khanwilkar & BR Gavai said that since the plea was seeking a general declaration on all High Courts to not pass such orders, it was inclined to issue notice only to the Attorney General.

    All Stay Orders On Civil/Criminal Proceedings Passed By Courts, Including HCs, To Automatically Expire Within 6 Months Unless Extended For Good Reasons: SC [Asian Resurfacing of Road Agency Pvt. Ltd. & Anr. V. CBI]

    The Supreme Court has reiterated that whatever stay has been granted by any court including the High Court on civil or criminal proceedings will automatically expire within a period of six months, unless an extension is granted for good reason within the next six months. The bench headed by Justice RF Nariman, said that the High Courts are subordinate judicially to the Supreme Court and the directions issued in Asian Resurfacing of Road Agency Private Limited. vs. Central Bureau of Investigation ought to be followed.

    Supreme Court Of India Cannot Be A Place For The Governments To Walk In When They Choose Ignoring The Period Of Limitation: SC [State of Madhya Pradesh V. Bherulal]

    Supreme Court of India cannot be a place for the Governments to walk in when they choose ignoring the period of limitation prescribed, the Apex Court bench headed by Justice Sanjay Kishan Kaul remarked. The court observed thus while dismissing a Special Leave Petition filed by the State of Madhya Pradesh with a delay of 663 days. The bench, also comprising Justice Dinesh Maheshwari, imposed costs of Rupees twenty five thousand on the state. In its application, the state had submitted that reason for such an inordinate delay was "due to unavailability of the documents and the process of arranging the documents". The delay was also attributed to "bureaucratic process works, it is inadvertent that delay occurs".

    [Hathras Case] SC Reserves Orders In Plea Seeking Court Monitored SIT Investigation [Satyama Dubey V. UOI]

    The Supreme Court reserved orders in the plea seeking Court Monitored CBI/SIT investigation into the Hathras case. Solicitor General Tushar Mehta informed a bench of Chief Justice SA Bobde, AS Bopanna & V. Ramasubramaniun that affidavits had been filed on behalf of the State stipulating the Witness protection plan as well as choice of legal representation by the Victims' family in terms of an earlier order of Top Court.

    "Their Diwali Is In Your Hands": SC Seeks Centre's Response On Implementation Of Benefits To Small Borrowers By November 2 [Gajendra Sharma V. UOI]

    The Supreme Court pulled up the Centre as for its delay in implementation of their decision for providing benefits to small borrowers who had taken loans of up to 2 Crores. A bench comprising Justices Ashok Bhushan, R Subhash Reddy and MR Shah told the Centre that even though it had welcomed its decision of relieving the smaller borrowers, there was no reason to delay the implementation of the said decision.

    It Is For Executive To Take Action Towards Enforcement: SC Closes Plea Against Cow Slaughter, Elephant Poaching, Animal Killing For Crop Protection/Religious Sacrifices [Mathews J. Nedumpara V. UOI]

    Observing that it is an aspect of enforcement and it is for the Executive to take appropriate action, the Supreme Court on Wednesday disposed off a plea raising concerns of slaughter of cows, poaching of elephants, killing of wild animals for crop protection and animal sacrifices in religious practices. "We have heard the petitioner in person and perused the pleadings in the writ petition. The prayers are too wide and varied and it would be difficult to issue any direction", said the bench of Justices S. K. Kaul and Dinesh Maheshwari.

    "My Late Father and Mr Nani Palkhivala Served With Such Notices by Assembly," CJI Bobde in Arnab Goswami's Plea Against Maharashtra Assembly [Arnab Goswami V. Maharashtra Legislative Assembly]

    Senior Advocate Harish Salve told the top court today that the Maharashtra Legislative Assembly and the Speaker could not be served in the 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 was informed that the officer report suggested that appearance had not been entered.

    "This Is A Good Petition," Says CJI Bobde While Issuing Notice On Plea Seeking Equal Protection For Transgenders Against Sexual Crimes [Reepak Kansal V. UOI]

    The Supreme Court issued notice in a plea seeking equal protection of laws to the transgender community from sexual crimes in context of the Indian Penal Code. A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramniun asked Senior Advocate Vikas Singh appearing for the petitioner(s) as to how many times the Court had legislated upon similar cases. "Like in the Vishakha Guidelines or the 377 issue," added CJI Bobde.

    Judgments This Week:

    [Domestic Violence Act] Wife Entitled To Claim Right Of Residence Which Belongs To Relatives Of Husband Also: SC Overrules Its 2006 'SR Batra' Judgment [Satish Chander Ahuja V. Sneha Ahuja]

    A wife is also entitled to claim a right to residence in a shared household belonging to relatives of the husband, the Supreme Court has held on Thursday in an important judgment overruling the 2006 judgment in S.R. Batra vs Taruna Batra. "In the event, shared household belongs to any relative of the husband with whom in a domestic relationship the woman has lived, the conditions mentioned in Section 2(s) are satisfied and the said house will become a shared household. ", the Court said.

    Matters Of Education Must Be Left To Educationists: SC Holds M.Ed Is A Postgraduate Degree [Anand Yadav & Ors. V. State of Uttar Pradesh & Ors.]

    Matters of education must be left to educationists, observed the Supreme Court while setting aside an Allahabad High Court judgment which held that an M.Ed. qualified person could not be appointed to the post of Assistant Professor in Education. A three judge bench held that the M.Ed. degree is a postgraduate degree.

    Subsequent Filing Of Chargesheet Does Not Extinguish Indefeasible Right Of Accused Who Applied For 'Default Bail': SC [Bikramjit Singh V. State of Punjab]

    The Supreme Court has observed that the accused gets an indefeasible right to 'default bail' if he makes an application after the maximum period for investigation of an offence is over, and before a charge sheet is filed. The right to default bail, Justice RF Nariman led bench said, is a fundamental right granted to an accused person to be released on bail once the conditions of the first proviso to Section 167(2) are fulfilled.

    Specific Performance Suit Filed Within Limitation Cannot Be Dismissed On The Sole Ground Of Delay Or Laches: SC [Ferrodous Estates Pvt. Ltd. V. P. Gopirathnam]

    The Supreme Court has observed that a suit for specific performance filed within limitation cannot be dismissed on the sole ground of delay or laches. Once a suit for specific performance has been filed, any delay as a result of the court process cannot be put against the plaintiff as a matter of law in decreeing specific performance, the bench comprising Justices Rohinton Fali Nariman and Navin Sinha observed.

    Also Read: All UAPA Offences Investigated By NIA Or State Police Are Exclusively Triable By 'Special Courts': SC 

    Infraction Of Rules Of Natural Justice By Itself Doesn't Invalidate Proceedings Unless Prejudice Is Caused, Reiterates SC [State of UP V. Sudhir Kumar Singh & Ors.]

    The Supreme Court has observed that the breach of the audi alteram partem rule cannot by itself, without more, lead to the conclusion that prejudice is thereby caused. The court said that the "prejudice" exception must be more than a mere apprehension or even a reasonable suspicion of a litigant. In its judgment delivered on friday, the bench comprising Justices RF Nariman, Navin Sinha and KM Joseph summarized the principles by referring to a some precedents. 

    SC Upholds Rejection Of Candidature Of A District Judge Aspirant Who Was Later Acquitted In Criminal Case U/s 498A IPC [Anil Bhardwaj V. The HC of Madhya Pradesh & Ors.]

    The Supreme Court has dismissed plea of a District Judge aspirant whose candidature was on the ground of pendency of a criminal case under Section 498A IPC filed by his wife. The mere fact that subsequently after more than a year when the person whose candidature has been cancelled has been acquitted cannot be a ground to turn the clock backward, the bench comprising Justices Ashok Bhushan and MR Shah observed.

    Court Cannot Impose Condition Of Deposit of Money While Granting Default/Statutory Bail U/s 167(2) CrPC: SC [Saravanan V. State]

    The Supreme Court has held that while granting default bail/statutory bail under Section 167(2) of the Code of Criminal Procedure, condition of deposit of amount cannot be imposed. The only requirement for getting the default bail/statutory bail under Section 167(2), Cr.P.C. is that the accused is in jail for more than 60 or 90 days, as the case may be, and within 60 or 90 days, as the case may be, the investigation is not completed and no chargesheet is filed by 60th or 90th day and the accused applies for default bail and is prepared to furnish bail, the bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah observed while it set aside the condition imposed by the Madurai Bench of the Madras High Court which while releasing an accused on default bail/statutory bail, imposed a condition to deposit Rs.8,00,000.

    Other Important News Updates Of SC:

    SC Issues Notice On Plea Seeking Enumaretion Of OBCs In Census 2021 [Tinku Saini V. UOI & Ors.]

    The Supreme Court on Thursday issued notice to the Union of India on a Public Interest Litigation (PIL) seeking for inclusion of the enumeration of Other Backward Classes (OBCs) in the country in the Census to be conducted in 2021. A Bench headed by Chief Justice of India SA Bobde presided over the matter and proceeded to issue notice. The Centre and National Commission for Backward Classes (NCBC) have been directed to respond to the PIL in four weeks.

    "Are You Saying That Since A Bollywood Actor Has Died, Constitution Is Not Being Followed":SC Dismisses Plea Seeking Dismissal Of Maharashtra Govt [Vikram Gahlot V. UOI]

    The Supreme Court refused to entertain a plea seeking for removal of the State Government in Maharashtra led by Chief Minister Uddhav Thackeray and for the imposition of the President's Rule in its stead in the State. A Bench comprising of Chief Justice of India SA Bobde, and Justices AS Bopanna and V. Ramasubramanian heard the Public Interest Litigation (PIL) and observed that the Court could not entertain or intervene in pleas with such prayers.

    SC Issues Notice On CPI MP Binoy Viswam's Plea Seeking Data Protection On UPI Platforms [Binoy Viswam V. RBI & Ors.]

    The Supreme Court issued notice in a Public Interest Litigation (PIL) filed by Rajya Sabha MP of Communist Party of India, Binoy Viswam, which sought for directions to RBI and NPCI to ensure that the data of Indian citizens collected on Unified Payments Interface (UPI) platforms was not misused by WhatsApp, Google, Amazon and Facebook. A Bench headed by Chief Justice of India SA Bobde issued issued notices to the Centre, Google, Amazon, Facebook and WhatsApp in the plea, despite objections from the Respondents who stated that issuance of notice by the Court would prevent them from functioning and would practically act as a stay.

    Tablighi Jamaat: SC Allows Foreigners To Submit Representations Seeking Permission To Go Back; Asks Centre To Decide Within 4-7 Days [Maulana Hadrami V. UOI]

    The Supreme Court allowed foreign citizens, who are facing criminal proceedings in Delhi for participating in the Tablighi Jamaat congregation at Nizamuddin Markaz during March allegedly in violation of visa conditions, to submit representations before the nodal officer proposed by the Central Government seeking permission to go back to their country of origin. A bench headed by Justice A M Khanwilkar ordered that such representations should be decided, preferably within a period of four days, but not later than a week from their receipt.

    SC Issues Notice In Plea For Direction To Draft Statutes, Rules and Notifications In Plain Language [Dr. Subhash Vijayran V. UOI]

    The Supreme Court on Thursday issued notice in a plea seeking directions for the use of plain language in drafting and issuing of all government communications, and for issuance of handbooks of laws of general public interest which are easily understandable to the layman. A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun sought responsen from the Centre on the plea.

    You Can Argue On Bias Even After Disciplinary Inquiry Over: SC Rejects ADJ's Plea Of Inquiry Officer Being Same HC Judge Who Directed Inquiry

    The Supreme Court refused to interfere on the plea of an Additional District Judge in the state of Uttarakhand for a change of the Inquiry Officer (a sitting judge of the Nainital High Court) examining the charges against him, on the ground that latter was also the Chairman of the Committee which had recommended a full-fledged disciplinary inquiry against the petitioner.

    "Dangerous Accused Must Be Handcuffed": SC Dismisses Plea Against Extra-Judicial Killings And Handcuffing Of Persons

    The Supreme Court on Wednesday dismissed a plea raising the concerns regarding extra-judicial killings and handcuffing of prisoners. "Where are you going with this? How can you prevent extra-judicial killing? they shouldn't happen but how will you stop them?", asked CJ S. A. Bobde at the outset of Senior Advocate Jitendra Sharma, for the petitioner.

    [Yatin Oza Contempt] "We Can Agree To Disagree, But Discourse Must Be Palatable; Even Lord Krishna Forgave only 100 Mistakes": Justice Kaul [Yatin Oza V. High Court of Gujarat]

    Orally hinting that a reasonable settlement may be arrived at, the Supreme Court on Tuesday deferred to November 5 the hearing in the matter of Yatin Oza's contempt. The bench of Justices S. K. Kaul and Dinesh Maheshwari heard the matter. Senior Advocate C. A. Sundaram, appearing for the GHCAA in the intervention application, advanced that "whenever a senior advocate is de-designated, it affects the bar at large and not just the one person. Every single person so designated or aspiring to be so designated is affected"

    SC Issues Notice On PIL Seeking Age Based Control Of Access And Profile Verification Mechanism To Eliminate Illicit Content On Social Media

    Supreme Court on Tuesday issued a notice in a PIL filed by two law students seeking for age-based control of access to social media and for the development of a profile verification mechanism to eliminate illicit content on social media. The plea also prays for action against those social media accounts which are involved in the online trade of illicit content, such as engaging in obscene content and online harassment videos.

    "Tomorrow You Will Say Nobody Should Eat Meat": SC Dismisses Plea Seeking Ban On 'Halal' Slaughter Of Animals As "Mischievous"

    The Supreme Court on Monday dismissed a PIL challenging the practice of 'halal' for slaughter of animals for food. "'Halal' is only a method of doing so. Different ways are possible- there is 'halal', there is 'jhatka'. Some people do 'jhatka', some do 'halal', how is it a problem? Some people want to eat 'halal' meat, some want to eat 'jhatka' meat, some want to eat reptile meat", observed Justice S. K. Kaul.

    Facebook Only Gives A Platform; Its Vice President Will Not Appear Before Delhi Assembly Panel: Salve Tells SC

    Senior Advocate Harish Salve asserted before the Supreme Court on Thursday that Ajit Mohan, Vice President of Facebook India, will not appear before the Committee of Peace and Harmony of the Delhi Legislative. The senior lawyer made the submission in the writ petition filed by the Facebook Vice-President challenging the summons issued by the Delhi Assembly panel to appear before it in a fact-finding mission into the role of Facebook into Delhi riots.

    SC Dismisses Investigative Journalist's Plea For Transfer Of Cases Out Of Uttarakhand On Grounds Of Vindictive Prosecution

    The Supreme Court dismissed the plea of investigative journalist Umesh Kumar Sharma seeking transfer of three criminal cases pending against him to Delhi from Dehradun on the ground of being targeted by the BJP-led Uttarakhand government. It was pointed out that as a journalist the petitioner has conducted sting operations against the Chief Minister, his relatives and associates in the State of Uttarakhand and therefore he is being targeted for malicious prosecution within the State. The petitioner apprehended threat to his life and submitted that he would be prejudiced in conducting his defense in the courts at Dehradun.

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