Supreme Court Weekly Round Up

Top Stories This Week: 1. Hathras Case : Supreme Court Asks Allahabad High Court To Monitor CBI Probe [Satyama Dubey V. UOI]The Supreme Court asked the Allahabad High Court to monitor the ongoing the CBI probe into the Hathras gang-rape and murder case. As regards the plea for transfer of trial outside the State of Uttar Pradesh, the bench CJI SA Bobde, Justices AS Bopanna & V. Ramasubramniun stated that the question of transfer is left open until the investigation is completed. The bench also took note of the submission of the Solicitor General of India that the order passed by the Allahabad High Court had disclosed details about the victim and her family members. Based on that, the Court requested the Allahabad High Court to remove the facts disclosing the details of the victim and her family from the order. Also Read: Hathras Case: Supreme Court Orders CRPF Protection To Victim's Family And Witnesses2. Supreme Court Stays Uttarakhand High Court Order Directing CBI Investigation Against CM Trivendra Singh Rawat [Trivendra Singh Rawar V. Umesh K. Sharma & Ors.]The Supreme Court has stayed the Uttarakhand HC order directing CBI probe into corruption allegations against Uttarakhand CM Trivendra Singh Rawat. A bench of Justices Ashok Bhushan, R. Subhash Reddy & MR Shah observed that the issue required consideration, while issuing notice and sought response from the Respondents. Uttarakhand High Court order had directed the Central Bureau of Investigation (CBI) to file an FIR and investigate the allegations of corruption levelled against Uttarakhand's Sitting Chief Minister Trivendra Singh Rawat by an investigative journalist, Umesh Sharma.3. Supreme Court Orders Transfer To Itself All Pleas Challenging Provisions of Insolvency & Bankruptcy Code On Personal Guarantors [IBBI V. Lalit Kumar Jain & Ors.]The Supreme Court has ordered the transfer of petitions pending across High Courts, challenging the provisions of Insolvency & Bankruptcy Code pertaining to the issues of personal guarantors. A bench comprising Justices L Nageswara Rao, Hemant Gupta & Ajay Rastogi heard the matter. The plea had been filed by IBBI seeking transfer on the ground of multiplicity of proceedings and to avoid conflicting judgments on account of pendency of similar issues across High Court.4. 'She Is Not Going To Run Away' : Supreme Court Dismisses Delhi Police Challenge Against Bail Granted To Devangana Kalita [State V. Devangana Kalita]The Supreme Court dismissed a special leave petition filed by the Delhi police challenging the Delhi High Court order granting bail to student activist Devangana Kalita in a case related to Delhi riots. A bench comprising Justices Ashok Bhushan, R Subhash Reddy and M R Shah said that the court was not inclined to interfere with the bail order. Additional Solicitor General of India, S V Raju, appearing for the Delhi police, submitted that the High Court omitted to consider relevant aspects and placed reliance on irrelevant factors to grant bail. The ASG added that Kalita was an influential person and that she could influence witnesses and tamper evidence. "It is only a grant of bail. She is not going to run away", Justice Ashok Bhushan responded to ASG's submissions, expressing disinclination to interfere. When the ASG repeated that Kalita was an influential person, Justice M R Shah asked "can that be a reason to deny bail?". Justice Bhushan told ASG that in case she attempted to tamper evidence or influence the witnesses, the police have the option of seeking the cancellation of bail.5. "Experts Say Your Beautiful Cars Also Contribute To Air Pollution" CJI SA Bobde Says, While Hearing Stubble Burning Issue [MC Mehta V. UOI/ Aditya Dubey V. UOI]The Supreme Court today made oral observations regarding the issue of worsening air pollution in the capital, after the Centre informed the court that a legislation has been promulgated today to tackle the issue of stubble burning in neighbouring states. Chief Justice of India SA Bobde said that they have been in talks with experts who have stated Stubble Burning is not the sole cause for Air Pollution in the capital and vehicular pollution is a major contributor as well. "Its time to take out your bicycles," said the CJI. Solicitor General Tushar Mehta told the Court that the Ordinance on "Air Quality Management in National Capital Region and Adjoining Areas" is ready and that the Court may record his statement in this regard. The bench, also comprising Justices AS Bopanna & V. Ramasubramaniun however stated that it would like to go through the ordinance once before passing any orders in that regard, stating that it will take up the matter for further consideration on next Friday.6. Bhima Koregaon Case : Supreme Court Asks Bombay High Court To Consider Varavara Rao's Bail Application At The Earliest [Pendaya Hemlatha V. UOI]The Supreme Court directed the Bombay High Court to list the bail application of 81-year-old poet P. Varavara Rao, who is an undetrail in the...

Supreme Court Weekly Round Up

Sanya Talwar

Week Commencing October 25, 2020 to November 1, 2020

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