Today’s Legal Updates

Monday, 13th June 2022



Article – 333 Representation of the Anglo-Indian community in the Legislative Assemblies of the States.

Notwithstanding anything in article 170, the Governor of a State may, if he is of opinion that the Anglo-Indian community needs representation in the Legislative Assembly of the State and is not adequately represented therein, [nominate one member of that community to the Assembly].

Today’s Legal Updates :-

  1. On Monday the Delhi High Court emphasised while rejecting a plea filed by CPI(M) leaders Brinda Karat and KM Tiwari seeking registration of first information report (FIR) against BJP leaders Anurag Thakur and Parvesh Verma for alleged hate speech, mass leaders who occupy high public offices must conduct themselves with utmost integrity and responsibility.
    • The persons who are mass leaders and occupy high offices must conduct themselves with utmost integrity and responsibility. Leaders elected in a democracy like that of India, owe their responsibility not only towards the electorate in their own constituency, but also towards the society/nation as a whole and ultimately to the Constitution. It is they who are the role models for the ordinary masses. Thus, it does not befit or behove the leaders to indulge in acts or speeches that cause rifts amongst communities, create tensions, and disrupt the social fabric in the society.
    • The High Courts have been flooded with writ petitions praying for registration of FIRs or praying for a proper investigation. If the High Courts entertain such writ petitions, it will open pandora’s box and would crumble the already overtaxed system. Therefore, the alternate remedies wherever available must be exhausted, save in exceptional circumstances where the urgent intervention of this Court is required in the interest of justice, before approaching this Court.
    • Thirdly, in the instant case, the ACMM has rightly decided the application before it. The provisions of Section 156(3) for directing investigation qua offences mentioned in Section 196 of the Code cannot be exercised by the Court without sanction. There is no prima facie irregularity that is apparent upon a perusal of the impugned order. Fourthly, the petitioners have failed to satisfy the Court and no case is made out warranting the intervention of this Court at this stage.
    • emphasised Justice Singh, Section 156(3) remedy had been availed of wherein the ACMM after having taken note of the status report filed by the investigating agency and applying its judicial mind to the complaint dismissed the same. Third, as discussed in the foregoing paragraphs, the petitioners have failed to follow the prescribed mechanism under the Code.
  2. On Monday the Calcutta High Court rejected a plea West Bengal Congress President, Adhir Ranjan Chowdhury, seeking probe into disinvestment of State government’s stake in Metro Diary, West Bengal’s leading dairy firm.  (Shri Adhir Ranjan Chowdhury vs. State of West Bengal)
    • the Court ordered, Having regard to the above, we find that policy decision of the State to sell 47 % shares of respondent no. 5 MDL was neither illegal nor arbitrary and State had also not adopted non-transparent or opaque procedure for sale of shares, hence no case for interference in the present writ petition is made out which is accordingly, dismissed.
    • Such a policy decision is not open to interference unless the same is unconstitutional, violative of statutory provision, totally arbitrary or suffers from the vice of malice. Courts may also interfere if any illegality is committed in the execution of such a policy decision.
    • the bench held, It is settled that the process of disinvestment is a policy decision involving complex economic factors and it is not for the Court to examine whether the policy of a particular disinvestment was desirable or not.
    • the lawyers were heard shouting, It is just because of leadership like you that this party is suffering in West Bengal. And you are here to save the TMC looters.They have looted public money and you are saving TMC….you have become a dalal of TMC..dalali ki bhi had hoti hai…you are a dalal of Mamata Banerjee.
  3. On Monday the Bombay High Court deprecated the Maharashtra government for arresting 21-year-old student Nikhil Bhamre after he had tweeted against Nationalist Congress Party (NCP) leader Sharad Pawar.
    • the Bench said, There are hundreds and thousands of tweets everyday. Will you take cognizance of each and every tweet? We do not want FIRs like these. …Unheard of… some student is kept in custody like this.
    • Justice Shinde said, Nobody is named on page 48 (which included the primary tweet by Bhamre) and to keep someone in prison for a month. How is this a basis of everything? What gave rise to the FIR as per page 48?
    • the judge opined, If you start taking actions like this, then you end up damaging the name of the person who has received second highest civilian award (Pawar). Even the towering personality (Pawar) will not like that such student being kept in jail. We do not want the towering personalities reputation should go down.
    • the Bench said in conclusion, In our humble opinion grace of the state will be saved if you come and make this statement.

Legal Prudent Fraternity