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Supreme Court Weekly Round-Up (1st April-06 April, 2024)
Gyanvi Khanna
7 April 2024 5:42 AM GMT
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week and also the...
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week and also the updates of the Constitution Bench hearing on overlapping powers between the Centre and States regarding Industrial Alcohol, providing a succinct overview.
Orders/ Judgments
Case Title: State of Kerala v. Union of India., Original Suit No. 1 of 2024
Coram: Justices Surya Kant and KV Viswanathan
The Supreme Court referred the suit filed by the State of Kerala against the Union of India challenging the limits imposed on the State's borrowing capacities to a 5-judge Constitution Bench in terms of Article 145(3) of the Constitution.
At the same time, however, the bench refused to pass orders on the interim relief sought by the State for additional borrowing for the financial year 2023-24.
Case Title: COMMITTEE OF MANAGEMENT ANJUMAN INTEZAMIA MASAJID VARANASI v. SHAILENDRA KUMAR PATHAK VYAS & ANR.
Coram: CJI DY Chandchrachud and Justices JB Pardiwala and Manoj Misra
The Supreme Court on Monday (April 1) issued notice on a Special Leave Petition filed by the Gyanvapi mosque committee challenging the orders of the Varanasi District Court and the Allahabad High Court allowing the performance of Hindu religious rituals at a tehkhana (cellar) of the mosque.
While doing so, the Court also ordered that that status quo shall be maintained with respect to the observance of Namaz by Muslims in the rest of the Gyanvapi mosque and the performance of Hindu worship at the tehkhana.
Case Title: V. Senthil Balaji v. The Deputy Director, SLP(Crl) No. 3986/2024
Coram: Justices Abhay S Oka and Ujjal Bhuyan.
The Supreme Court today issued notice on a petition filed by MLA and former Minister V Senthil Balaji against a Madras High Court order denying him bail in a cash-for-jobs money laundering case.
Case Title: Government of National Capital Territory of Delhi v. Office of LG of Delhi W.P.(C) No. 197/2024
Coram: Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra
The Supreme Court issued notice to the Delhi Finance Secretary on a petition filed by the Government of National Capital Territory of Delhi (GNCTD) seeking the release of the funds approved by the Delhi Assembly for the Delhi Jal Board.
Case Details : IN RE: ASSAULT ON TWO MEMBERS OF THE SUPREME COURT BAR ASSOCIATION AT DISTRICT COURT COMPLEX, GAUTAM BUDH NAGAR
Coram: Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra
The Supreme Court, while hearing the suo moto case over the assault on two members of the Supreme Court Bar Association (SCBA) at Gautam Budh Nagar District Court during a lawyers' strike, took serious note of the fact that the CCTV cameras at the Court complex were not functioning on that day.
The Court issued notice to the State of Uttar Pradesh on the issue of non-functioning CCTV cameras in the District Courts.
Case Title: Udhayanidhi Stalin v. The State of Maharashtra and Ors., W.P.(Crl.) No. 104/2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
While hearing Tamil Nadu Minister Udhayanidhi Stalin's plea for clubbing of criminal cases registered against him across multiple states over his controversial 'Sanatana Dharma' remarks, the Supreme Court today expressed that Ministers cannot be equated with media persons.
Case Title: P.V. ANVAR (M.L.A.) vs. UNION OF INDIA, Diary No.- 11294 - 2024
Coram: Justices Sudhanshu Dhulia and PB Varale
The Supreme Court dismissed the Public Interest Litigation (PIL) filed by Kerala MLA PV Anvar seeking directions to the Central Government to formulate an action plan to tackle human-wildlife conflict in the Kerala State.
Supreme Court Issues Notice To ECI On Plea For 100% EVM Votes-VVPAT Verification
Case Title: Arun Kumar Agrawal v. Election Commission of India and Anr., W.P.(C) 184/2024
Coram: Justices BR Gavai and Sandeep Mehta
The Supreme Court issued notice on a petition seeking inter-alia counting of all Voter Verified Paper Audit Trail (VVPAT) paper slips in elections, instead of verification of only 5 randomly selected Electronic Voting Machines (EVMs) in each assembly segment of a parliamentary constituency.
Supreme Court Grants Bail To AAP MP Sanjay Singh In PMLA Case After ED's Concession
Case Title: Sanjay Singh v. Union of India & Anr. | Special Leave Petition (Criminal) No. 14510 of 2023
Coram: Justices Sanjiv Khanna, Dipankar Datta and PB Varale
The Supreme Court granted bail to Aam Aadmi Party (AAP) leader and Rajya Sabha MP Sanjay Singh in the money laundering case related to the Delhi liquor policy case after a concession was made by the Directorate of Enforcement (ED). When the ED said it has no objection to grant of bail to Sanjay Singh in peculiar facts of the case, the Court ordered his release, clarifying that nothing was being expressed on merits.
Case Title: X v. Y, Diary No.- 11727 – 2023, Kerala Muslim Jamaat v. Y Diary No. 16709 - 2023
Coram: Justices AS Bopanna and Sanjay Kumar
In a petition filed against a Kerala High Court judgment recognizing Muslim women's unconditional right to resort to khula (a form of divorce under Muslim personal law), the Supreme Court issued notice.
Case Title: SACHIN KUMAR vs. THE STATE OF UTTARAKHAND., Diary No.- 51567 – 2023
Coram: Justices Abhay S Oka and Ujjal Bhuyan
Recently, the Supreme Court expressed its dilemma regarding how, for the last few months, the panel of Advocates in the States/Union Territories has witnessed change after the shift in political power. The Court observed that this change in the panel often results in adjournments.
Against this backdrop, the Top Court has proposed that the States/Union Territories maintain the previous panel of Advocates for at least six weeks while changing the panel of Advocates. This was suggested to avoid adjournments.
Case Title: BALLU @ BALRAM @ BALMUKUND AND ANOTHER VERSUS THE STATE OF MADHYA PRADESH
Coram: Justices BR Gavai and Sandeep Mehta
The Supreme Court reiterated that in the event of the possibility of two views, if the trial court acquits the accused, then it would not be permissible for the High Court to interfere with the trial court's order of acquittal unless the view taken by the trial court was perverse.
Case Title: PREM RAJ VERSUS POONAMMA MENON & ANR.., 2024 LiveLaw (SC) 272
Coram: Justices Sanjay Karol and Aravind Kumar
Observing that a judgment of the civil court will be binding on the criminal court to the extent of sentences or damages, the Supreme Court set aside a conviction in a criminal case for cheque dishonour under Section 138 of the Negotiable Instruments Act based on a finding in a civil suit between the same parties that the cheque was offered as a security.
Case Title: PURNI DEVI & ANR. VERSUS BABU RAM & ANR., 2024 LiveLaw (SC) 273
Coram: Justices Sanjay Karol and Aravind Kumar
The Supreme Court held that the time consumed in contesting bonafide litigation by the litigant at a wrong forum (believing it to be appropriate) would be excluded while computing the period of limitation under Section 14(2) of the Limitation Act.
Case Title: LEVEL 9 BIZ PVT. LTD. VERSUS HIMACHAL PRADESH HOUSING AND URBAN DEVELOPMENT AUTHORITY & ANOTHER., 2024 LiveLaw (SC) 275
Coram: Justices Bela M Trivedi and Pankaj Mithal
The Supreme Court imposed a fine of Rs 5 lakhs on the Himachal Pradesh Housing and Urban Development Authority (HIMUDA) for colluding with a private company to secure a tender by deceiving the High Court for building a commercial complex in Shimla.
Case Details: RAJENDRA BIHARI LAL vs. THE STATE OF UTTAR PRADESH SLP(Crl) No. 002944 - / 2024
The Supreme Court dismissed an application filed by the State of Uttar Pradesh to recall the interim bail granted to the Vice Chancellor of Sam Higginbottom University of Agriculture, Technology and Sciences (SHUATS), Dr Rajendra Bihari Lal, a case over alleged forceful religious conversion.
Case Title: BHAGIRATHI DASH v. UNION OF INDIA & ANR., Writ Petition(s)(Civil) No(s). 166/2024
Coram: Sudhanshu Dhulia and Prasanna Bhalachandra Varale
The Supreme Court has issued a notice in a writ petition challenging the constitutional validity of Section 166 (3), which was added through the Motor Vehicles (Amendment) Act, 2019. As per this provision, a claim for compensation on account of a motor vehicle accident must be filed before the Motor Accidents Claims Tribunal within six months from the date of the accident.
Case Details: Navneet Kaur Harbhajansingh Kundles @ Navneet Kaur Ravi Rana v. The State of Maharashtra and Ors., Civil Appeal No. 2741-2743/2024
Coram: Justices JK Maheshwari and Sanjay Karol
In a major relief to Amravati MP Navneet Kaur Rana, who won 2019 Lok Sabha elections from a constituency reserved for Scheduled Castes, the Supreme Court reversed the judgment of the Bombay High Court which set aside her Scheduled Caste certificate.
Case Title: Sharad Pawar v. Ajit Anantrao Pawar & Anr. | Special Leave Petition (Civil) No. 4248 of 2024
Coram: Justices Surya Kant and KV Viswanathan
In the matter related to rift within the Nationalist Congress Party(NCP), the Supreme Court on Thursday (April 04) directed both Ajit Pawar and Sharad Pawar groups to strictly abide by the Court's previous interim order passed on March 19, 2024.
Case Title: UNION OF INDIA & ANR. VERSUS JAHANGIR BYRAMJI JEEJEEBHOY (D) THROUGH HIS LR., 2024 LiveLaw (SC) 276
Coram: Justices Aniruddha Bose and JB Pardiwala
Expressing displeasure with the approach adopted by the Union of India for seeking condonation of more than 12 years of delay in filing the restoration suit, the Supreme Court refused to condone the delay stating that it would be a mockery of justice if the delay gets condoned, as it would result in pushing the decree-holder to undergo the lengthy litigation process again.
Case Title: Abhishek Yadav and others v. Army College of Medical Sciences | W.P.(C) No. 730/2022
Coram: Justices Sudhanshu Dhulia and Prasanna B Varale
In a pivotal matter regarding the payment of stipends for doctors undergoing their MBBS internships, the Supreme Court issued a clear directive to the National Medical Commission (NMC) to submit details regarding the stipend status of medical colleges across all States.
Case Title: G.V. Harsha Kumar VERSUS Election Commission of India & Anr., WPC 205/2024
Coram: Justices Surya Kant and Sandeep Mehta
The Supreme Court dismissed as withdrawn a plea seeking imposition of a cooling off period on public servants to prevent them from contesting elections on political party tickets immediately after discontinuation of their service.
Case Title : Anjum Kadari and another v. Union of India and others Diary No. 14432-2024, Managers Association Madaris Arabiya UP v. Union of India SLP(C) No. 7821/2024 and connected matters
Coram: Chief Justice of India DY Chandracuhd, Justice JB Pardiwala and Manoj Misra
The Supreme Court stayed the Allahabad High Court's March 22 judgment striking down the 'Uttar Pradesh Board of Madarsa Education Act 2004' as unconstitutional.
Case Title: G.V. Harsha Kumar VERSUS Election Commission of India & Anr., WPC 205/2024
Coram: Justices Surya Kant and Sandeep Mehta
The Supreme Court dismissed as withdrawn a plea seeking imposition of a cooling off period on public servants to prevent them from contesting elections on political party tickets immediately after discontinuation of their service.
Case Title : Anjum Kadari and another v. Union of India and others Diary No. 14432-2024, Managers Association Madaris Arabiya UP v. Union of India SLP(C) No. 7821/2024 and connected matters.
Coram: Chief Justice of India DY Chandracuhd, Justice JB Pardiwala and Manoj Misra
The Supreme Court stayed the Allahabad High Court's March 22 judgment striking down the 'Uttar Pradesh Board of Madarsa Education Act 2004' as unconstitutional.
"We are of the view that the issues raised in the petitions merit closer reflection. We are inclined to issue notice," the Court observed while issuing notice on five Special Leave Petitions filed against the High Court's judgment.
Supreme Court Grants Bail To Shoma Sen In Bhima Koregaon Case
Case Details: Shoma Kanti Sen v. State of Maharashtra & Anr., 2024 LiveLaw (SC) 280
Coram: Justices Aniruddha Bose and Augustine George Masih
The Supreme Court granted bail to former Nagpur University professor Shoma Sen who is booked under the Unlawful Activities Prevention Act 1967 (UAPA) for alleged Maoist links in connection with the Bhima Koregaon case.
The Court also raised prima facie doubts over the tenability of the allegations against her regarding the commission of offences under the Unlawful Activities Prevention Act 1967 (UAPA).
Case Title: Abbas Ansari v. The State of Uttar Pradesh, Diary No. 14377/2024
Coram: Justices Surya Kant and Sandeep Mehta
The Supreme Court issued notice on a plea by Uttar Pradesh MLA Abbas Ansari seeking permission to attend 'Fatiha' ceremony scheduled on April 10 in respect of his father Mukhtar Ansari, a gangster-turned politician who died on March 28 following a cardiac arrest while undergoing sentence of life imprisonment.
Case Details : DARGAH HAZRAT MULLA SYED vs. UNION OF INDIA Diary No.- 1449 - 2024
Coram: Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra
The Supreme Court dismissed a petition seeking to bring the mortal remains of Sufi leader Hazrat Shah from Dhaka, Bangladesh to India for burial at the Hazrat Mulla Syed Dargah at Prayagraj, Uttar Pradesh.
Noting that Hazrat Shah was a Pakistani citizen, who died in Dhaka in January 2022, the Court stated that there was no enforceable constitutional right involved to invoke Article 32 of the Constitution. The writ petition was filed by Hazrat Mulla Syed Dargah. Late Hazrat Shah was the Sajjada-nasheen of the said Dargah from 2008 till his death.
'Verfiy & Pay It' : Supreme Court To Delhi Finance Secretary On Funds Due To Delhi Jal Board
Case Details : GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI vs. OFFICE OF LIEUTENANT GOVERNOR OF NCT OF DELHI W.P.(C) No. 000197 - / 2024
The Supreme Court asked the Finance Department of the Government of National Capital Territory of Delhi (GNCTD) to verify the amounts pending to be paid to the Delhi Jal Board (DJB) and settle the dues before the next hearing.
Supreme Court Delivers Split Verdict On Appointment Of Shiksha Karmi's In Madhya Pradesh
Case Title: KRISHNADATT AWASTHY VS. STATE OF M.P., 2024 LiveLaw (SC) 279
The Supreme Court delivered a split verdict in a case concerning the appointment of Shiksha Karmis in the State of Madhya Pradesh.
Justice JK Maheshwari upheld the High Court's decision to cancel the appointment of the Appellants, whereas Justice KV Viswanathan reversed the High Court's order canceling the appointment of the Appellants.
Case Title: Quazi Moinuddin v. Hindu Front For Justice and Ors |Diary No. 13072-2024
Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra
The Supreme Court refused to entertain a Special Leave Petition filed by the Mutawalli of the Kamal Maula Mosque complex challenging the Madhya Pradesh High Court's direction for a survey by the Archaeological Survey of India (ASI) at the Bhojshala Temple cum Kamal Maula Mosque complex in MP.
Case Title: Manikandan versus State by the Inspector of Police., 2024 LiveLaw (SC) 281
Coram: Justices Abhay S Oka and Pankaj Mithal
While rebuking Tamil Nadu Police for tutoring the witnesses to depose against the accused, the Supreme Court directed the Tamil Nadu's Director General of Police to make an enquiry into the conduct of the police officials of tutoring witnesses at the concerned Police Station and to take action against the erring police officials in accordance with law.
Nine Judge Constitution Bench Hearing
Case Details : STATE OF U.P. vs. M/S. LALTA PRASAD VAISH C.A. No. 000151 / 2007 & Other Connected Matters
Coram: Justices Hrishikesh Roy, Abhay S. Oka, B.V. Nagarathna, J.B. Pardiwala, Manoj Misra, Ujjal Bhuyan, Satish Chandra Sharma And Augustine George Masih.
The Supreme Court on Tuesday (April 2) commenced the hearing of the 9-judge Constitution Bench on the issue of overlapping powers between the Centre and the State in production, manufacturing, supply and regulation of 'Industrial Alcohol'.
The matter was referred to a nine-judge bench in 2007 and pertains to the interpretation of Section 18G of the Industries (Development and Regulation) Act, 1951.
Section 18G allows the Central Government to ensure that certain products related to scheduled industries are distributed fairly and are available at reasonable prices. However, as per Entry 33 of List III of the Seventh Schedule to the Constitution, the State legislature has the power of regulating trade, production, and distribution of products from industries under Union control and similar imported goods.
The court dwelled into deeper nuances of the state and union list entries concerning alcohol. The focal point of discussion revolved around the interpretation and interplay between Entry 8 List II (regulation powers to the state with regards to 'Intoxicating Liquor') and Entry 52 List I ( Industries controlled by the Union in Public Interest).
News Update
Case Title: Indian National Congress v. Commissioner of Income Tax Delhi | C.A. No. 64-65/2018
Coram: Justices BV Nagarathna and Augustine George Masih.
The Income Tax Department undertook before the Supreme Court that no coercive action will be taken against the Indian National Congress (INC) in respect of the income tax demand of approximately Rs 3500 crores till July 2024 because of the impending Lok Sabha elections.
Coram: Justices Surya Kant and KV Viswanathan
The Supreme Court adjourned till April 19 the hearing of a Special Leave Petition filed by the State of Haryana opposing the Punjab & Haryana High Court's order of a judicial inquiry into the death of a protesting farmer, Shubhkaran Singh. Refusing to stay the High Court order, the Court orally observed that a judicial probe would ensure a fair investigation of the allegations against the Haryana police.
Case Title: HEMANT SOREN Versus DIRECTORATE OF ENFORCEMENT., SLP(Crl) No. 4004/2024
Coram: Justices Surya Kant and KV Viswanathan
Former Jharkhand Chief Minister Hemant Soren on Monday (April 1) withdrew from the Supreme Court his petition challenging the Jharkhand High Court's order refusing his plea to participate in the Budget Session, which was scheduled to be held on February 23. While allowing Soren to withdraw the petition, the Supreme Court left open the question of law whether a legislator who is in custody has the right to attend the assembly session.
Case Details: AROON PURIE vs. STATE OF KARNATAKA SLP(Crl) No. 003706 - / 2024
Coram: CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra
The Supreme Court stayed the criminal proceedings against India Today Editor-Chief Mr Aroon Purie, senior journalist Mr Rajdeep Sardesai and senior editor Mr Shiv Aroor charged with offences under forgery for harming reputation, cheating and promoting enmity between different groups. The plea pertained to a challenge against the Karnataka High Court's order refusing to quash the FIR registered against the senior journalists by MLA Mr BR Patil for conducting an alleged sting operation on him in 2016.
Case Title: VISHAL TIWARI VERSUS UNION OF INDIA & ORS., Writ Petition(s)(Criminal) No(s). 177/2023
In the aftermath of Uttar Pradesh-based Gangster-Politician Mukhtar Ansari's death in custody, an Interlocutory Application has been presented to the Supreme Court. The application seeks a direction to the Central Bureau of Investigation (CBI) to launch an inquiry into the deaths, killings, and encounters of detainees and accused individuals in police custody in Uttar Pradesh since 2017.
Case Details : Directorate of Enforcement v. State of Tamil Nadu & Ors. | Special Leave Petition (Criminal) No. 1959-1963 of 2024
Coram: Justices Bela Trivedi and Pankaj Mithal
The Supreme Court chastised the District Collectors of Tamil Nadu who refused to appear in person before the Directorate of Enforcement (ED) in pursuance to the summons issued by the central agency to them for investigating the money laundering case arising from the illegal sand mining activities.
Case Title: INDIAN MEDICAL ASSOCIATION vs. UNION OF INDIA| W.P.(C) No. 000645 - / 2022
Coram: Justices Hima Kohli and Ahsanuddin Amanullah
The Supreme Court came down heavily on Patanjali Ayurved Ltd, its Managing Director Acharya Balkrishna and its co-founder Baba Ramdev while hearing the contempt case against them over the publication of misleading medical advertisements in breach of an undertaking given to the Court.
The Tamil Nadu government has filed an original suit before the Supreme Court against the Union Government, claiming that the Union was withholding the relief funds for natural calamities. The state's plea, filed under Article 131 of the Constitution, requests the Court to instruct the Union government to provide over Rs. 37,000 crore in aid for damages caused by recent floods and cyclone Maichung.
Supreme Court To Hear Pleas Seeking 100% EVM-VVPAT Tally After 2 Weeks
On a mentioning by Senior Advocate Kapil Sibal, the Supreme Court today said that the matter pertaining to Electronic voting machine (EVM) data cross-checking against voter-verifiable paper audit trail (VVPAT) records will be taken up after 2 weeks.
The Directorate of Enforcement told the Supreme Court today that Advocate Bansuri Swaraj's appearance (on behalf the agency) has inadvertently crept into the order passed yesterday granting bail to Aam Aadmi Party MP Sanjay Singh in the Delhi Liquor Policy case.
'Elections By Ballot Paper The Rule' : Lawyer Seeks To Intervene In Supreme Court Plea On EVM-VVPAT
CASE TITLE: ARUN KUMAR AGRAWAL v. ELECTION COMMISSION OF INDIA & ANR, WRIT PETITION (CIVIL) NO. 184 OF 2024
Suggesting that voting in the upcoming Lok Sabha elections should be conducted through ballot papers, Advocate Mehmood Pracha has approached the Supreme Court and prayed that he be permitted to intervene in the matter pending before the Court regarding Electronic Voting Machines (EVM) and Voter Verified Paper Audit Trail (VVPAT) verification.
Supreme Court Notifies List Of Cases To Be Posted On All 5 Days During Summer Vacation 2024
The Supreme Court notified the matters to be listed during the upcoming Summer Vacation 2024. According to the notice, the matter under the three subject categories can be filed and listed before the vacation bench. These categories are Labour Matters, Service Matters, and Habeas Corpus Matters. Apart from this, the Court, in its notice, has also attached more than a thousand matters, under the same categories, that are ready to be listed. These matters will be listed throughout the week from Monday to Friday during the summer break.
Supreme Court Transfers To Itself Petitions Pending In High Courts Challenging GST On Online Gaming
Case Title : Union of India v. Deltatech Gaming Ltd and Another, T.P.(C) No. 755-781/2024
Coram: Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra
The Supreme Court transferred to itself the petitions pending in the High Courts challenging the imposition of 28% Goods and Services Tax (GST) on online gaming companies.
The bench ordered the transfer of 27 writ petitions pending in eleven High Courts and tagged them with the petition pending in the Supreme Court filed by GamesKraft.
Case Title: YASH TUTEJA vs. UNION OF INDIA, W.P.(Crl.) No. 000153 - / 2023
Coram: Justices Abhay S Oka and Ujjal Bhuyan
Observing that there was no predicate offence and proceeds of crime, the Supreme Court expressed the inclination to quash the money laundering case against some accused in relation to the alleged Chhattisgarh liquor policy scam.
Case Details : KULDEEP KUMAR vs. U.T. CHANDIGARH SLP(C) No. 002998 - / 2024
Anil Masih, who was the returning officer of the controversial Chandigarh Mayor election, tendered an unconditional apology before the Supreme Court. Masih is facing criminal proceedings initiated by the Supreme Court under Section 340 of the Code of Criminal Procedure for making a false statement that the ballots were invalid.
