Supreme Court Weekly Round Up, July 19- July 25, 2021

JUDGMENTS THIS WEEK1. Supreme Court Strikes Down 97th Constitutional Amendment To The Extent It Relates To Co-operative SocietiesCase Title : Union of India vs Rajendra Shah and othersCitation : LL 2021 SC 312The Supreme Court this week upheld a 2013 judgment of the Gujarat High Court which struck down the provisions of the Constitution(97th Amendment) Act 2011 to the extent it introduced Part IX B in the Constitution to deal with co-operative societies.A 3-judge bench comprising Justices Rohinton Nariman, KM Joseph and BR Gavai dismissed the appeals filed by the Union of India against the judgment of the Gujarat High Court. The bench unanimously held that the 97th Constitutional Amendment required ratification by at least one-half of the state legislatures as per Article 368(2) of the Constitution, since it dealt with a entry which was an exclusive state subject (co-operative societies). Since such ratification was not done in the case of the 97th Constitutional amendment, it was liable to be struck down.There was a split in the bench on the point whether Part IX B will survive with respect to multi-state co-operative societies. While the majority comprising Justices Nariman and Gavai upheld those provisions of Part IX B which deal with multi-state co-operative societies by applying the doctrine of severability, Justice Joseph dissented on this count. Justice Joseph held that the doctrine of severability was not applicable and struck down the entire amendment.2. Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme CourtCase: Indra Devi vs. State of Rajasthan [CrA 593 OF 2021]Citation: LL 2021 SC 318The Supreme Court observed that sanction from competent authorities under Section 197 of Code of Criminal Procedure is required to prosecute public servants if the alleged act committed is directly concerned with the official duty.The yardstick to be followed is to form a prima facie view whether the act of omission for which the accused was charged had a reasonable connection with the discharge of his duties, the bench comprising Justices Sanjay Kishan Kaul and Hemant Gupta observed.The court observed thus while dismissing an appeal against a Rajasthan High Court judgment which allowed a petition filed by a accused - public servant under Section 482 of the CrPC and held that sanction under Section 197 CrPC was necessary.3. No Disrespect Shown To Judge; No Offence Under SC-ST Act Attracted: Supreme Court Quashes Criminal Case Against MP RS BharathiCase: RS Bharathi vs. State [CrA 635 /2021]Citation: LL 2021 SC 321The Supreme Court quashed a charge sheet filed against DMK leader and Rajya Sabha MP RS Bharathi under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act over a speech made by him.The court observed that there is no disrespect shown to Justice Varadarajan. Though he indulged in intemperate rant which should have been avoided, there is nothing in the speech which attracts an offence under either Section 3 (1) (u) or 3(1)(v) of the SC-ST Act, the bench comprising Justices L. Nageswara Rao and Aniruddha Bose observed.The chargesheet was filed against the MP after he made a speech at a meeting organised by the leaders of Dravida Munnetra Kazhagam in the name of 'Kalaignar Vasagar Vattam'. He had also spoken about the appointment of Justice Varadarajan as a High Court Judge after Late M. Karunanidhi came to power. He also allegedly said that all these appointments to persons belonging to Scheduled Castes and Scheduled Tribes community is because of the alms of the Dravidian movement. The Madras High Court had refused to quash the criminal proceedings against him.4. Power Of Compounding Must Be Expressly Conferred By Statute Which Creates Offence: Supreme CourtCase: Prakash Gupta vs. Securities and Exchange Board of India [CrA 569 of 2021]Citation: LL 2021 SC 320The power of compounding must be expressly conferred by the statute which creates the offence, the Supreme Court observed.The bench of Justices DY Chandrachud and MR Shah observed that in respect of offences which lie outside the Indian Penal Code, compounding may be permitted only if the statute which creates the offence contains an express provision for compounding before such an offence can be made compoundable. This is because Section 320 CrPC provides for the compounding of offences only under the IPC.Read Also: "Due Deference Must Be Given To SEBI's Opinion": Supreme Issues Court Guidelines For Compounding Offences Under Section 24A SEBI Act5. Booth Capturing & Bogus Voting Affects Rule Of Law & Democracy; Should Be Dealt With Iron Hands: Supreme CourtCase: Lakshman Singh Vs. State of Bihar [ CrA 606 OF 2021]Citation: LL 2021 SC 319Any attempt of booth capturing and/or bogus voting should be dealt with iron hands because it ultimately affects the rule of law and democracy, the Supreme Court observed in a judgment.The bench comprising...

Supreme Court Weekly Round Up, July 19- July 25, 2021

Nupur Thapliyal

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