Today’s Legal Updates

Thursday, 10th February 2022

Legal Awareness :- CONSTITUTION OF INDIA

PART III FUNDAMENTAL RIGHTS

General

Article – 12 Definition

In this Part, unless the context otherwise requires, “the State” includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

Today’s Legal Updates:-

  1. The Hijab Ban controversy in Karnataka, which has sparked protests across the country, has now reached the Supreme Court.  (Fathima Bushra v. State of Karnataka)
  2. Today a petition has been filed urging the Supreme Court to take up the controversy surrounding the Hijab Ban in Karnataka colleges, the Court deemed it fit to let the Karnataka High Court decide the issue first.
    • Fundamental rights of petitioner under Articles 14, 19(1)(a), 21, 25 and 29 are being violated.
    • Issuance of the government order by the State is beyond the purview of its powers under the Karnataka Education Act, 1963, which has nothing to do with prescription of uniforms.
    • Wearing of hijab is an essential religious practice of a Muslim girl/woman.
    • A Muslim girl pursuing her education while wearing a hijab/headscarf offends no right of any person and militates against no State interest.
    • Petitioner and other students are being denied entry into colleges for over a week now; no interim relief from Karnataka High Court.
    • Issue has pan-India ramifications which necessitate the Supreme Court’s interference.
  3. Today Justice Pushpa Ganediwala of Bombay High Court has resigned from office, she had authored the infamous skin-to-skin judgment judgment last year.
  4. Today the Delhi High Court directed the Delhi Police Commissioner and the Commissioner of the North Delhi Municipal Corporation (NDMC) to appear before it and explain the reason for continued encroachments at Chandni Chowk.  (Chandni Chowk Sarv Vyapar Mandal v Commission of Police and Ors)
  5. Today the Bombay High Court commuted death sentence of a man to life imprisonment in a case of murder of a 4-year-old girl, observing that the extra-judicial confession given by the convict showed his repentance for the act.  (State of Maharashtra v. Mohammad Aabed Mohammad Ajmir Shaikh)
  6. Today the Central government notified the appointment of three new judges to the Orissa High Court are V Narasingh, Biraja Prasanna Satapathy, and Murahari Sri Raman.
  7. Today the Madras High Court rejected a request by the police to install CCTV cameras inside all areas of two clubs/recreation centres with a view to keeping a tab on gambling and other illegal activities.  (MM Nagar Sports & Recreation Centre and Another v. The Superintendent of Police, Kancheepuram District and Ors)
  8. Today Sharjeel Imam, facing charges under the Unlawful Activities (Prevention) Act, argued through his counsel that the allegation of conspiracy against him would not stand given that he was arrested before the Delhi Riots of February 2020. (Sharjeel Imam v. State)
  9. Today the Central government notified the appointment of Justice Munishwar Nath Bhandari as Chief Justice of the Madras High Court.
  10. Today the Central government signed off on the appointment of seven new judges to the Andhra Pradesh High Court.
    • Konakanti Sreenivasa Reddy @Srinivasa Reddy
    • Gannamaneni Ramakrishna Prasad
    • Venkateswarlu Nimmagadda
    • Tarlada Rajasekhar Rao
    •  Satti Subba Reddy
    • Ravi Cheemalapati
    • Vaddiboyana Sujatha
  11. Today the Central government has cleared the appointment of three advocates and three judicial officers as judges of the Madhya Pradesh High Court.
    1. The lawyers recommended for appointment are Maninder Singh Bhatti, Dwarka Dhish Bansal @DD Bansal and Milind Ramesh Phadke.
    2. The three judicial officers, whose names have been recommended are Amar Nath Kesharwani, Prakash Chandra Gupta and Dinesh Kumar Paliwal.
  12. Today the administrative committee of the Bombay High Court has decided to commence physical hearing of cases from February 14, in view of the improving COVID-19 situation in the State.
  13. Today a group of around 150 students studying in medical institutions based in China have approached the Delhi High Court seeking a direction to the Ministry of External Affairs to consult with Chinese authorities and find a way for them to travel.  (Korakkandan Arshad Ali and Ors v Union of India and Ors)
  14. Today the Supreme Court ordered reinstatement to service of a former Madhya Pradesh District judge who had resigned from service in 2014 alleging sexual harassment by a High Court judge.
  15. Today the Supreme Court held that the transfer order that led to her resignation “was squarely covered by malice in law” while ordering the reinstatement of a former Madhya Pradesh district judge who had resigned in 2014 after alleging sexual harassment by a High Court judge. (Ms X vs Registrar General of Madhya Pradesh HC)
    • The complainant was serving as an Additional District and Sessions Judge when she made the sexual harassment allegations against the sitting High Court judge. She was then ordered to be transferred from Gwalior to Sidhi. She prayed for an extension of eight months in Gwalior so that her daughter, who was studying in Class 12, could complete her academic session. However, this request was rejected. A subsequent request for alternative posting to Sehore, Raisen, Dewas or Ujjain so that her daughter could continue with her education, was also denied. This prompted the complainant to tender her resignation on July 15, 2014.
  16. Today the Bombay High Court warned the Central government that it will summon the Secretary from the Ministry of Finance (MoF) to apprise it regarding the status of appointments of chairperson to Debt Recovery Appellate Tribunal (DRAT) lying vacant.  (Bank of Bahrain v. Union of India & Ors)
  17. Today A Division Bench of the Kerala High Court reserved its verdict in the appeal preferred by the MediaOne news channel against the decision of a single-judge who had upheld an order by the Central government revoking the channel’s broadcasting licence.  (Madhyamam Broadcasting Limited v Union of India & Ors)
  18. Today the Allahabad High Court said that there might be a possibility that the driver of the vehicle that mowed down protesting farmers sped up the vehicle to save himself, while granting bail to Ashish Mishra in the Lakhimpur Kheri violence case.
  19. Today the Karnataka High Court said that it would pass an interim order restraining the petitioners in the Hijab ban matter and other students from wearing any religious garment or headdress, till the matter is disposed of.
  20. The Madras High Court made some strong observations while hearing a public interest litigation (PIL) petition seeking bar on entry of non-Hindus into Tamil Nadu’s temples.  (Rangarajan Narasimhan v. The Additional Chief Secretary to Government and ors)
  21. The Allahabad High Court granted bail to Ashish Mishra, who is the prime accused in the Lakhimpur Kheri violence in which eight people were killed.
  22. A man convicted and sentenced to life imprisonment for killing his wife had his sentence commuted to 12 years imprisonment by the Bombay High Court on the ground that the act was a result of sudden and grave provocation and not a pre-meditated one.  (Nandu Dada Survase vs State of Maharashtra)
  23. Today the Kerala High Court observed that lawyers ought to read judgements before they criticise the same on mainstream or social media, while dismissing a plea against the Malayalam movie Churuli for its alleged use of foul language.  (Peggy Fen v Central Board of Film Certification & Ors)
  24. Today the Kerala High Court issued notice to the State government on a petition which challenged the constitutional validity of the recent amendment to Section 14 of the Lokayukta Act introduced by way of an ordinance.  (RS Sasikumar v State of Kerala)

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