Supreme Court Weekly Round Up : September 12 To September 17,2022

Hyderpora Encounter - "Decent Burial Given, Last Rites Performed By State" : Supreme Court Dismisses Father's Plea For Handing Over Son's BodyCase Status: Mohammad Latief Magrey v. Union Territory of Jammu Kashmir And Ors. SLP(C) No. 12743/2022 Observing that Amir Magrey, who was killed by security forces in the Hyderpora encounter in Jammu and Kashmir was given a decent burial by the State authorities, including performance of last rites in accordance with religious beliefs, the Supreme Court dismissed a petition filed by his father Mohammed Latif Magrey seeking hand over of the body of his son.A bench comprising Justices Surya Kant and JB Pardiwala however directed the State to comply with the High Court direction to pay Rs 5 lakhs compensation to the family and also to allow them to have prayers at the grave site where the body of Magrey was buried by the officials.Supreme Court Seeks Centre's Response On Petitions Challenging Citizenship Amendment Act (CAA), Lists It On Oct 31Case Status: Indian Union of Muslim League And Ors. v. Union of India And Ors. W.P.(C) No. 1470/2019 The Supreme Court heard a batch of 220 petitions challenging the constitutional validity of the Citizenship Amendment Act (CAA) 2019. A bench comprising CJI UU Lalit and Justice S Ravindra Bhat directed the Central Government to file a response to the petitions challenging the CAA. It further directed the State of Assam and the State of Tripura to file responses to petitions regarding the challenge to the CAA which were specific to the two States in question. While taking into account intervening vacations, the court has listed the matter next on 31st October 2022 for directions.Hijab Case : Question Of Essential Religious Practice Does Not Arise When Individual Rights Are Asserted -Yusuf Mucchala To Supreme CourtCase Status: Aishat Shifa v. State of Karnataka SLP(C) No. 5236/2022 The Supreme Court continued hearing the batch of petitions challenging the Karnataka High Court's judgment which upheld the ban on wearing hijab by Muslim girl students in some schools and colleges in the State. The matter was heard by a bench comprising Justices Hemant Gupta and Sudhanshu Dhulia.Senior Advocate Yusuf Mucchala appearing for the Petitioners raised a preliminary objection that the matter should be referred to the Constitution Bench."Once Buried, A Body Should Not Be Disturbed" : Supreme Court Suggests Enactment Of Law On ExhumationCase Status: Mohammed Latif Magrey v. Union Territory Of Jammu and Kashmir CA No. 6544/2022The Supreme Court has suggested that the Union Government should consider enacting an appropriate legislation on exhumation.The right to dignity and fair treatment under Article 21 of the Constitution is not only available to a living man but also to his body after his death..His family members also have a right to perform the last rites in accordance with the religious traditions., the bench comprising Justices Surya Kant and JB Pardiwala observed.Supreme Court Refuses To Entertain PIL Seeking National Level Liquor Prohibition PolicyCase Status: Viniyog Parivar Trust v. UOI WP(C) No. 894/2021The Supreme Court refused to entertain a Public Interest Litigation which sought for a national policy for prevention of alcohol.Supreme Court Refuses To Issue Notice On SCBA's Plea To Convert Buildings Across Bhagwan Das Road As Lawyers ChambersCase Status: SCBA v. Ministry of Urban Development WP(C) No. 640/2022The Supreme Court issued notice in a petition requesting to direct the Ministry of Urban Development to convert the entire land measuring 1.33 acres that was recently allotted to the Top Court, situated behind the petrol pump near ITO on the Ring Road, into chamber blocks for lawyers.Supreme Court Refuses To Entertain PIL Seeking To Examine Link Between Pornography & Sexual CrimesCase Status: Nalin Kohli@ Nalin Satyakam Kohli v. Union Of India And Ors. WP(C) No. 454/2022The Supreme Court refused to entertain a petition seeking to formulate a Standard Operating Procedure (SOP) by the police to examine the impact of viewing of pornographic material while investigation a sexual offence case. The matter was heard by a bench comprising Chief Justice U.U. Lalit and Justice Ravindra Bhat.Supreme Court Seeks Centre's Response On Plea To Constitute GST Appellate TribunalCase Status: Amit Sahni v. Union Of India And Anr. WP(C) No. 775/2021 The Supreme Court has directed the Union government to file its response in a petition seeking to constitute the Goods and Services Tax Appellate Tribunal, New Delhi, on utmost priority basis and as early as possible, in the interest of justice.A Division Bench of Justices DY Chandrachud and Hima Kohli was hearing a petition filed by Lawyer and Activist Amit Sahni.Supreme Court Issues Notice On Plea Challenging Validity Of Section 376DA IPC For Prescribing Mandatory Life Sentence Without RemissionCase Status: Mahendra Vishwanath Kawchale v. Union of India WP (Crl) No. 314/2022The Supreme Court issued...

Supreme Court Weekly Round Up : September 12 To September 17,2022

Sohini Chowdhury

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