Today’s Legal Updates

Sunday & Monday, 21st & 22nd August 2022




Article – 85 Sessions of Parliament, prorogation and dissolution.

  1. The President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
  2. The President may from time to time—
    (a) prorogue the Houses or either House;
    (b) dissolve the House of the People.

Today’s Legal Updates :-

  1. On Saturday the Chief Justice of India (CJI) NV Ramana expressed concern over the current education system which has the sole objective to secure highly remunerative and profitable job opportunities.
    • The CJI was speaking at the convocation ceremony of Acharya Nagarjuna University, where he was also conferred an Honorary Doctorate.
    • CJI said, “I am witnessing the education system preferred by the present generation. I am afraid that institutions are losing their social relevance. We are witnessing mushrooming of factories of education which are leading to devaluation of degrees and human resources. I am not sure who or what is to be blamed.”
    • CIJ said, There was a total neglect of equally important subjects such as the humanities, natural sciences, history, economics and languages. The harsh reality is that even after the students enter professional universities, the focus is on classroom learning, and not on the world beyond.
    • Not only does it shape our mind and personality, but it also serves as a launchpad for people’s aspirations and dreams.
    • CJI said, Holistic education is one which ultimately can balance both these interests. Both are important facets of education. Individuality should be preserved and nurtured, as this will create leaders and visionaries. At the same time, education should enable us to be responsive to societal needs, such as the maintenance of social order and justice in a pluralistic society.
    • Our deliberations, our activism, our resolution to bring about changes shaped our opinions about the world. It taught us the value of an individual voice and opinion, in shaping the dynamics of society and politics. We realised the value of a liberal democracy – where the rights and freedoms protect our thought and speech, where diversity of opinion is welcomed.
    • Our collective endeavours taught us the value of the spirit of fraternity. It kept us connected to our roots. We felt the responsibility of building an equitable society. It was through these shared experiences, that we understood the nerve of the society.
    • There should be active cooperation by the State to earmark funds for research and innovation. It will be a sad commentary if we allow our key areas of learning and research to suffer on account of lack of funding.
    • Transcend beyond the ideas of self. Try to take your community along with you. Develop an inclusive vision of progress. Be a stakeholder in the nation building process.
    • Don’t allow corrupt thoughts. Don’t tolerate injustices. Think beyond yourself, and be willing to make sacrifices. Be sensitive to the needs of the community and society.
  2. On Saturday the Defence Minister of India Rajnath Singh highlighted the importance of the legal community in justice dispensation, stating that the lawyer community is a major factor in people reposing faith in the judiciary.
  3. On Saturday the Aurangabad bench of the Bombay High Court held a member of Central Industrial Security Force (CISF) sleeping while on duty to guard the main gate of a security establishment amounts to highest degree of indiscipline. (Prahlad Bhaurao Thale vs Union of India)
  4. The Delhi High Court has said that it cannot declare Delhi minister Satyendar Jain a person of unsound mind and cannot disqualify him from being a Member of Legislative Assembly (MLA) or the minister based on the arguments made in a public interest litigation (PIL) petition.  (Ashish Kumar Srivastava v Govt. of NCT of Delhi & Ors)
    • the Court said, This Court, based upon the averments made in the writ petition, in exercise of jurisdiction under Article 226 of the Constitution of India cannot declare the respondent No.5 as a person with unsound mind and cannot disqualify him from being a member of the Legislative Assembly or the Minister in the Government of NCT of Delhi in the facts and circumstances of the case.
  5. A lawyer Bhaavya Roy working with a law firm, has been arrested and sent to judicial custody for 14 days after she was booked for hurling abuses at security guards working at her residential society in Noida in which she was seen calling security guard “Bihari” and using other sexually lewd words.
    • she has been booked for offences under Sections 153 A (promoting enmity between different groups on grounds of religion, race, place of birth, residence), 323 (voluntarily causing hurt) and 504 (intentional insult with intent to provoke breach of peace) of the Indian Penal Code.
  6. On Sunday the Madras High Court held a special sitting and granted interim bail to an accused person for performing the last rites and rituals of his father who passed away on August 18. (Sathish v. State)
    • the Court directed, Considering the submissions, this Court is of the view that interim bail for 3 days from today on own bond shall be granted for the petitioner with police escort to visit his village and complete the post rituals. He shall report and surrender to the prison authorities on August 24, 2022 at 10.30 a.m.
  7. On Monday Former Indian football team captain Baichung Bhutia has approached the Supreme Court in support of the recent reforms sought to be introduced by the Supreme Court with regard to the election of the Executive Committee of All India Football Federation (AIFF).
    • Bhutia’s application said, The Applicant submits that the much-needed reforms within AIFF, and the Indian Football at large, cannot be held to ransom because of FIFA’s suspension or any other threats. Reverting to existing system would allow the vested interests to have a stranglehold on AIFF for 4 more years and thereby damage the sport irreparably.
    • It is submitted that FIFA Statutes while they are mandatorily required to be complied with by the member associations, only provide a broad framework under which each Member Association must govern football in its country. Different Member Associations, however, are permitted to follow their own distinct governance models, which are tailored as per the needs and requirements of their domestic football structure.
    • There is no reason why India ought not to be given the option to move towards a more inclusive structure such as those that are in place in the UK, USA, Italy, and Ivory Coast, and which guarantee a more diverse representation of the key stakeholders.
  8. On Monday a petition has been filed before the Lucknow Bench of the Allahabad High Court challenging the recent appointment of state law officers, claiming that they have been appointed on the recommendation of the Rashtriya Swayam Sevak Sangh (RSS) and that some of the new appointees were relatives of politicians and judicial officers in the State.  (Rama Shankar Tiwari v State of UP)
    • That petitioners got information from reliable sources that appointment list of State Law Officers was made on the recommendation of Rashtriya Swayam Sevak Sangh and several Advocates who hold different position in the Sangh have been appointed.
    • That in the list of 220 members some Advocates are relatives of dominant politicians in State and some are relatives of the Judicial officers and few are juniors or followers of Additional Advocate Generals in High Court Lucknow or High Court Allahabad.
    • the plea, Neither any application has been invited nor any committee has been constituted and from the back door State Law Officers and Brief Holders ( Civil and Criminal ) have been appointed in an illegal and arbitrary manner.
    • 6 persons have been appointed as Chief Standing Counsel and huge public money has been spent as salary and expenses.
  9. On Monday A review petition has been filed before the Supreme Court against the top court’s July 27 judgment upholding the Constitutional validity of the provisions of the Prevention of Money Laundering Act (PMLA).
    • Provisions relating to arrest, search, seizure, attachment, use of statements to the Enforcement Directorate (ED) as admissible evidence, and non-requirement to supply Enforcement Case Information Report (ECIR) were all upheld, effectively rendering the Code of Criminal Procedure (CrPC) inapplicable in money laundering cases.
    • Critics have argued that the judgment goes against the basic protections afforded by Articles 20 and 21 of the Constitution.
  10. On Monday A Constitution bench headed by Justice DY Chandrachud will hear the dispute in Supreme Court between the Central and Delhi governments regarding which government has administrative control over the transfers and postings of officers in Delhi. (Govt of NCT of Delhi v Union of India)
    • The primary basis of the prayer to refer it to a five-judge bench was that the majority judgment of the Constitution Bench did not consider purpose and intent of the expression “insofar as any such matter is applicable to Union Territories” as it occurs in Article 239AA(3) of the Constitution, which is the pivotal and crucial aspect of the said provision.
  11. On Monday the Supreme Court issued notice to the State of Gujarat in the bail plea filed by activist Teesta Setalvad after she was arrested for allegedly fabricating documents to frame high-ranking officials including then Gujarat Chief Minister Narendra Modi in the 2002 Godhra Riots cases.  (Teesta Atul Setalvad and Another v. State of Gujarat)
    • Senior Advocate Kapil Sibal argued, But please see what is happening. The case germinated from the Supreme Court order. How can a Section 467 application lie before the High Court?”
    • the judges said, We issue notice. Returnable on Thursday. Serve State of Gujarat standing counsel. Then we will consider interim relief even when matter is pending in High Court.
    • plea said, Despite the same, the first date fixed by Hon’ble High Court in the present case is after one and a half months.
    • the judgment had said, At the end of the day, it appears to us that a coalesced effort of the disgruntled officials of the State of Gujarat along with others was to create sensation by making revelations which were false to their own knowledge. The falsity of their claims had been fully exposed by the SIT after a thorough investigation.
    • the plea said, Petitioner has been targeted for providing support to the victim of the riots. When a key witness had made allegations against the petitioner the court after an enquiry had come to the conclusion that the witness was indeed unreliable.
  12. On Monday the Madras High Court held held that appointment of Archakas to temples constructed under Agamas should be governed by the Agamas and not by the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 2020. (All India Adi Saiva Sivacharyargal Seva Sangam v State of Tamil Nadu)
    • the Court said, The appointment of Archakas in the temples constructed as per Agamas would be governed by the Agamas and for that the Rules under challenge would not apply. It would otherwise offend Articles 25 and 26 of the Constitution of India.
    • the bench said, It is, however, necessary to apply the doctrine of reading down of those provisions with regard to the appointment of Archakas in the temple or group of temples, which were constructed as per Agamas.
  13. On Monday the Bombay High Court clubbed twenty-two first information reports (FIRs) registered against Marathi actress Ketaki Chitale for alleged objectionable posts made by her on social media against the Nationalist Congress Party chief Sharad Pawar.
    • A division bench of Justices Nitin Jamdar and Nitin Borkar ordered that the FIRs registered against Chitale be transferred to Kalwa Police station in Thane district where the first FIR was registered.
  14. On Monday the Kerala High Court granted anticipatory bail to BJP General Secretary of Lakshadweep, Mohammed Kasim HK, accused of holding the Indian national flag upside down with green on top and saffron at the bottom. (Mohammed Kasim HK v Union Territory of Lakshadweep)
    • the order, Having regard to the facts and circumstances of the case and considering the nature of the allegations, I feel that custodial interrogation of the petitioner may not be necessary and therefore, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, this application is allowed. It is directed that the petitioner shall surrender before the investigating officer on 29.08.2022, at 11 a.m, and subject himself for interrogation on that day.
    • it was directed that he be produced before the jurisdictional magistrate on the very same day and released on bail, subject to the following conditions:
      1. Petitioner shall execute bond for a sum of ₹50,000 with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court.
      2. The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness.
      3. The petitioner shall not involve in any other crime while on bail.
  15. On Monday the Bombay High Court enhanced the prison sentence of a man convicted for raping his deaf and mute sister-in-law, from five years to seven years.  (Madhukar Makaji Mudgul vs The State of Maharashtra)
    •  the Court said, Appellant has behaved in the most horrific manner and shocked our conscience. The magnitude of his offence is such that he has misused his position of trust and committed an act as alleged and proved on a helpless handicapped victim who could not speak or hear.
    • Additional Sessions Judge at Niphad in Nashik district for offences under Sections 376 (rape) and 503 (criminal intimidation) of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for five years and fine of ₹1,000.
    • He moved the High Court challenging his conviction and sentence contending that he was falsely implicated in the case.
    • It is to be understood that no woman would even otherwise level and take the risk of levelling such a wild charge of ravishing her. only on the pretext of partition of the property. Victim is deaf and dumb, whereas her husband is blind. For more than 5 years victim and her husband have been part of the joint family with the parent inlaws and the family of her brother-in-law. Unless and until such an incident had happened or occurred there was no reason for the victim to make such an allegation.
    • it is seen that rape is not merely a physical assault but it destructs the whole personality of the helpless woman. In the present case, the victim is helpless handicapped woman and thus, the present case requires to be dealt with utmost sensitivity.
    • the Court enhanced the appellant’s sentence to seven years imprisonment from five years and also increased the fine amount from ₹1,000 to ₹25,000.
  16. On Monday Vice President of India Jagdeep Dhankar bemoaned the recent trend of targeting of judges in the public domain.
    • Speaking at a function organised by the Supreme Court Bar Association (SCBA) to felicitate him, Dhankar, who is a designated Senior Advocate.
    • Recent unfortunate, pernicious trend of targeting individual judges in public domain calls for exemplary containment. Members of the Bar and the media have a role to play in this.
    • Dignity of judges is key and among the fundamental parts of the rule of law and Constitutionalism.
    • Solicitor General Tushar Mehta spoke, I find no change in the man despite his posts over the years, a quality we should all imbibe. When you meet him closely, you realise his sense of humour, not at the cost of others.
    • Union Law Minister Kiren Rijiju said that the new Vice President would be an asset for parliament and the country, and indicated how he would have to handle the Rajya Sabha now.
    • SCBA President Vikas Singh, He has been a protector of justice for all, is a kisan putra. He fits into the mould of a self-made politician…played an instrumental role in the life of Arun Jaitley.
    • Chief Justice of India NV Ramana said, He used to walk six kilometers from his village to attend his school. All through, he maintained live contact with his roots. Simplicity and hard work, which are synonymous with rural life, are his constant companions. It is on the strength of our democracy that Shri Dhankhar ji could reach the second highest office in the country, in spite of hailing from rural background and without political father or Godfather. His elevation is a tribute to our healthy democratic traditions and rich constitutional values.
  17. The Allahabad High Court sentenced a police officer to imprisonment for 14 days after it found the officer guilty of breaching the Supreme Court’s guidelines laid down in the judgment of Arnesh Kumar v State of Bihar while arresting a person. (In re v Chandan Kumar)
    • the bench recorded, In order to secure public respect and confidence in the judicial process, the Court is constrained in awarding punishment to the contemnor.
    • the bench said, No such apprehension did exist as admittedly, the FIR was not lodged at the police station until intervention by the higher authorities. There is no entry in the GD that there was any such apprehension of communal flare up in the event of the accused not being arrested.
    • The misleading entry in the GD was made willfully and deliberately with sole purpose to bypass the mandate in Arnesh Kumar (supra), in order to arrest the accused.
    • the court explained, Further, held ‘apology’ should be unquestionable in sincerity and tempered with sense of genuine remorse and repentance, and not a calculated strategy to avoid punishment.
  18. On Monday United Kingdom-based anthropologist Professor Filippo Osella has approached the Delhi High Court challenging his deportation from Thiruvananthapuram airport.  (Filippo Osella v Union of India and Ors)
    • Osella, a South Asian specialist and professor at University of Sussex who has worked in Kerala for years, had landed at Thiruvananthapuram airport in March this year but was deported barely an hour later without being presented with any grounds for the same.
    • Osella told the court, Reasons were disturbingly absent in this high handed and arbitrary conduct of the Immigration authorities at Thiruvananthapuram airport. By 4:30 AM, the Professor was literally marched back and bundled into the same aircraft, in which he had arrived and was unjustly deported – much like a hardened criminal. The Petitioner’s request for his blood pressure medications from his luggage was also not allowed creating extreme anxiety, hypertension and panic.
  19. On Monday the State Consumer Disputes Redressal Commission (SCDRC) at Chandigarh directed food delivery service Zomato to provide a consumer one free meal and compensation of ₹10,000 for deficiency in service on not fulfilling its ‘On Time or Free’ delivery scheme. (Ajay Kumar Sharma v Zomato)
    • For deficiency in rendering service and for indulgence into unfair trade practice on the part of the respondents and also for suffering immense physical harassment & mental agony, the respondents are liable to compensate the appellant.
    • The feelings of the appellant would have definitely got hurt, when he came to know about the cancellation of the order by the respondents on their own and at that time, how he would have, with heavy heart, told the same to his children who were already waiting for the meal at late night hours.
    • They cancelled the order of the appellant on their own without giving it a single thought that how the said cancellation would affect the appellant both mentally and physically.
    • In case, they were not able to deliver food items timely as per the ‘On time or Free’ campaign, then, they should not have charged Rs.10/- extra for the same, which further contributed to unfair trade practice on their part.
    • In our concerted view, consolidated compensation on aforesaid counts and also for litigation expenses, if granted in the sum of Rs.10,000/- that would meet the ends of justice.
  20. On Monday Protests entered their sixth day the tudents of Dharmashastra National Law University (DNLU), Jabalpur continue to protest against alleged maladministration on the part of the authorities and non-fulfilment of a number of demands.
    • Some of the demands put forth by the students include payment of annual fees in instalments and refund of hostel fees during the period online classes were held; revoking marks granted on the basis of attendance; betterment of living conditions in hostels, improving the Internship and Placements Cell, constitution of a Student Bar Association, instilling a check and balance system against the concentration of power of authorities; and taking action against sexist remarks made by the warden of the girls’ hostel.
    • the representation stated, Dr. Nagaraj has violated the power conferred upon him. He harassed students by imposing humongous fines, and infringed their privacy by authorising unauthorised persons to trespass in the student’s room in the name of inspection.
    • Every time we put forth a representation there are repercussions that follow. Not only this, there has been a pattern of the Vice Chancellor going on leaves for 5-10 days every time a representation is sent. This time within 15 minutes of us sitting in peaceful protest to meet our demands, cops were on campus. The authorities asked us to stop protesting and that the matter would be resolved through negotiations, but never has there been anything positive that has come from these negotiations.
    • The Vice-Chancellor took an Open House to address the students and dissolve the protest. But he was not willing to listen to us and mentioned that he was not prepared to address our concerns that day. He ended the Open House warning students against sitting on protests lest the cops be called on campus again.
    • The University is planning to make the first-year students stay comfortable and also explore the possibility of providing food at the above-mentioned quarters itself.
    • Once the situation returns to normalcy SBA elections may be held, or pending the elections, if the students want to organize themselves into activity-based committees they may write to the Vice Chancellor.
  21. Last week the Patna High Court rejected a death reference by the State in a Protection of Children from Sexual Offences (POCSO) Act case, finding that it was decided in a hasty manner by Special Judge Shashi Kant Rai. (The State of Bihar v Md. Major)
    • the Court noted, It is interesting that there is a saying in Arabic to the effect that ‘haste is from shaitaan’. In formulating and effecting the justice system, the judges should be made more efficient to be able to deliver justice in a timely and not a hurried manner.
  22. On Monday the Karnataka High Court denied bail to a Bangalore Development Authority (BDA) official while observing that corruption has become rampant in government offices, and that no file moved without a bribe. (BT Raju v State of Karnataka)
    • the single-judge, Now-a-days, in the Government office, corruption has become rampant and no file will be moved without any bribe. Therefore, I am of the view that the petitioner is not entitled for the grant of bail at this stage.
    • The police are yet to receive some more information regarding voice sample report, FSL report etc. which reveals that there is a prima facie case made out by the prosecution at this stage to show that the petitioner has demanded and accepted the bribe amount.
  23. The karkardooma court, Delhi dealing with Delhi Riots cases has dropped attempt to murder charges against six men, noting that one of the accused in the case was also the gunshot survivor and could not have been made a witness and an accused at the same time. (State v. Sajid & Ors)
    • the judge highlighted, By this logic, every injured person in a riots case can be made an accused. If Sajid is stated to be an accused in this matter, he can’t be made as witness as then he would be as a witness who will give the testimony on behalf of prosecution and also the accused who does cross­-examination of himself.
    • In the way investigation has been conducted, accused persons cannot be charged under Section 307 IPC, though it could be argued that all accused persons participated in the riots.
    • the court asked, For the purpose of proving Section 307 IPC, the prosecution must show that a gunshot injury is caused to injured Sajid. Thus, he is one of the main witnesses in this case but he is also one of the accused persons who has to face trial as per prosecution. Thus, without proving the gunshot injury to Sajid, Section 307 IPC can’t be proved but how will Sajid appear as a witness in a case in which he himself is an accused?
  24. On Monday the Madras High Court held a man was prima facie guilty of animal cruelty after he was found transporting 36 cows in a single lorry for allegedly slaughtering them.  (Krishnamoorthy vs Inspector of Police)
    • In case if the petitioner is finally found to be not guilty, then the issue of custody of the cattles will be dealt with in accordance with the concerned Rules and Regulations, but the petitioner is definitely not entitled to interim custody of the cattles. Hence, this Court is also not inclined to order returning of the Cows to the petitioner at this point of time.
  25. On Monday the Madras High Court set aside an order of the Motor Accident Claims Tribunal (MACT) granting compensation to the family of a man who died in a motorcycle accident while riding the motorcycle with two pillion riders. (National Insurance Company Limited v S Muthu)
    • the single-judge observed, Three persons had travelled in a motorcycle at the time of accident. Two persons travelled in a two wheeler as pillion riders, which is against the Rules. Hence, both the pillion riders contributed 50% to the negligence.
    • The compensation of ₹3,60,000 to one pillion was reduced to 1,80,000 and that of the other was reduced from ₹4 lakh to ₹2 lakh.
  26. On Monday the Bombay High Court while transferring a matrimonial case, observed that the law considers women as belonging to the weaker section of the society and, thus, their inconvenience must be given paramount importance when considering transfer petitions.  (Rahul Uttam Phadtare vs Sarika Rahul Phadtare)
    • the Court held, Even though this reason (of husband) may be of some importance, the fact that the applicant (wife) is a lady, her inconvenience (in travelling) needs to be given more priority because the law considers woman as class belonging to weaker section of society and needs more protection.
    • Justice Modak observed, adding that in the present case, the wife had taken such a ground, If a wife comes with a grievance that during cohabitation she was being ill-treated to great extent and on that background if there is danger to her life to visit the place where her husband is residing certainly it can be considered as a ground for transfer.
  27. On Monday the Supreme Court stayed a Delhi High Court order to register a First Information Report (FIR) against BJP lawmaker Syed Shahnawaz Hussain n a rape complaint. (Syed Shahnawaz Hussain v The State)
    •  the top court ordered, Stay of the further proceedings and also the effect and operation of the HC order under challenge.
    • The protection was granted by the Court while hearing an appeal against an order passed by single-judge Justice Asha Menon of the Delhi High Court who had said that the police had a lot to explain for not having registered an FIR against Hussain on the receipt of a complaint sent to the Commissioner of Police which clearly disclosed the commission of a cognizable offence of rape after administration of a stupefying substance.
  28. On Monday the Supreme Court agreed to the request by the Central government to defer the polls to elect the Executive Committee of All India Football Federation (AIFF).
    • The Court, therefore, passed the following directions:
      • The election programme, fixed in pursuance of the order dated August 3, 2022, is permitted to be modified by extending the date of the election by a period of 1 week. The returning officers should re-fix the modalities from the stage the polls had already reached.
      • The voter’s list for the ensuing election shall consist of representatives of 36 State associations.
      • The returning officers appointed shall be deemed to be appointed by this Court. Since no objection has been recorded against them by any of the parties arguing this matter.
      • The day to day matters of the AIFF shall be looked into by the Secretary General exclusively. CoA shall cease to exist after Secratary-Genral takes over.
      • CoA has already submitted the draft Constitution along with the tabulations for implementation. We request Senior Advocate Gopal Sankaranarayanan to assist us as Amicus Curiae regarding this along with Samar Bansal.
      • The EC of AIFF shall consist of 23 members (17 including treasurer will be elected by electoral college of 36); (6 members shall be drawn from eminent players).

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