Today’s Legal Updates

Friday, 26th August 2022



CHAPTER- II  PARLIAMENT  (Officers of Parliament)

Article – 89  The Chairman and Deputy Chairman of the Council of States.

  1. The Vice- President of India shall be ex officio Chairman of the Council of States.
  2. The Council of States shall, as soon as may be, choose a member of the Council to be Deputy Chairman thereof and, so often as the office of Deputy Chairman becomes vacant, the Council shall choose another member to be Deputy Chairman thereof.

Today’s Legal Updates :-

  1. On Friday Chief Justice of India NV Ramana demitted office after serving at the Supreme Court for more than 8 years.
    • In his speech at the farewell function organised by the Supreme Court Bar Association (SCBA), CJI Ramana responded to certain criticisms raised against him, while also shedding light on some of the highlights of his legal career.
    • CJI Ramana said that, My experience so far has convinced me that in spite of fulfilling its Constitutional mandate, the judiciary does not find adequate reflections in the media, thereby depriving the people of knowledge about the courts and the Constitution. I felt it was my Constitutional duty to dispel these notions and bring the Court closer to the people, by way of generating awareness and building confidence among people about the judiciary. From what I get to hear from the common people during my visits, I am happy to note that people are able to engage with me on my subject in their language. I have actively tried to promote a sense of belongingness of the people with the system.
    • In his speech, he recalled his early days which began in a remote village called Ponnavaram in the Krishna district of Andhra Pradesh. You all know where I started. My life’s journey began in a remote village called Ponnavaram in the Krishna district of Andhra Pradesh where electricity, roads and basic amenities were not available. First time I saw electricity when I was 12 years old. I learnt the alphabets in English around the same time. We used to reach school walking on muddy roads, across the fields and crossing streams. With a lot of struggle, and hard work I have come up in life. For this, I thank my first gurus, that is, my parents and the teachers in various government schools.
    • I have also suffered on account of the Emergency excesses. In fact, I lost an academic year on this count. Confronting problems and resolving issues is not something new to me.
    • This period enabled me to interact with persons of varying ideologies and broadened my horizons.
    • When I say Indianisation, I mean the need to adapt to the practical realities of our society and localise our justice delivery system.
    • I also tried to highlight the difference between the arrears and backlogs to put things in perspective. ‘Arrears’ refer to delays that are unwarranted. Every delay is not an arrear. Some cases of delay might be due to valid reasons. On the other hand, ‘backlogs’ refers to a situation where the number of cases instituted in a period is more than the number of cases disposed of in the same period.
  2. On Friday the Kerala High Court directed the State government and the Central Board of Secondary Education (CBSE) to take steps to ensure mandatory prevention-oriented programmes on sexual abuse at every school.  (Anoop v State of Kerala & Ors.)
    • Justice Bechu Kurian Thomas opined that educating children about sexual offences in a prevention-oriented manner is a necessary facet of the right to education under Article 21 of the Constitution of India.
    • the Court said in its order, Empowering each child to prevent or report abuses and liberating each child from conservative and narrow-minded thoughts are also part of education. The voice of the victim of sexual abuse should not be suppressed, and it is only through education that the victim can be empowered to speak out. Similarly, it is education on the punishments for sexual abuse that can prevent or deter possible abusers from indulging in such heinous acts. Thus the concept of quality education can have meaning only if orientation on sexual offences and the means to prevent them are imparted at the school level itself. A prevention-oriented programme on sexual abuse is therefore a facet of the right to education contemplated under Article 21A of the Constitution of India.
    • the Court said, The programme involves the teaching of students from pre-kindergarten to the twelfth grades age-appropriate techniques to identify and recognise child sexual abuse. The programme also includes the requirement to teach the school personnel, including the teachers, all about child sexual abuse and also the parents and guardians about the warning signs of child sexual abuse, needed assistance or resource information to support sexually abused children and their families. The legislation is called ‘Erins Law’ named after Erin Merryn – a child abuse survivor.
    • the exercise of the powers of the Court under Article 226 of the Constitution of India, the Court issued the following directions:-
      • The State of Kerala and the CBSE shall issue necessary and appropriate orders making it mandatory for every School under its control and within the territory of Kerala to include a prevention-oriented programme on sexual abuse as a mandatory part of the curriculum.
      • A committee of experts shall be formed by the State of Kerala and the CBSE within an outer time limit of two months from today to identify the mode and methodology for imparting an age-appropriate prevention-oriented programme on sexual abuse.
      • The committee shall submit its recommendations within an outer period of six months from its formation, and appropriate orders shall, thereafter, be issued by the State of Kerala and the CBSE in tune with the recommendation so as to implement the programme from the academic year 2023-24.
      • The Secretary/ Secretary General of the respondents and all other officers concerned under the respective respondents shall be bound to comply with the above directions.
    • the Court said, The procedure to impart awareness on sexual crimes, presently in vogue, has not yielded the desired results as it falls woefully short of the requirements. Even the terms “good touch” and “bad touch”, which are informed as being taught in some schools, are noticed to be too wide and ambiguous. These wide terms may require better categorisation like “safe touch”, “unsafe touch”, “unwanted touch”, etc., not only to identify abuses but also to avoid false or wrong accusations.
  3. On Friday the Delhi High Court has restrained rogue websites from streaming and broadcasting the cricket matches of the upcoming Asia Cup.  (Star India Pvt Ltd v. MHDTV World & Ors)
    • the Court ordered, till the next date of hearing, the Defendant Nos. 1 to 11 and all others acting for or on their behalf, shall stand restrained from hosting, streaming, broadcasting, rebroadcasting, retransmitting or in any other manner communicating to the public, or disseminating to the public, any cricketing events, extracts, excerpts, highlights in relation to cricket matches relating to the Asia Cup 2022 commencing from 27th August, 2022 to 11th September, 2022.
    • The said blocking orders shall be issued by the DoT within 24 hours after service of this order. Pursuant to the said blocking order/s, all the ISP’s, i.e. Defendant nos. 19 – 27, shall block access to the URL’s, as also the mobile applications within 24 hours and shall not permit the download of these applications or the streaming of the rogue websites.
  4. On Friday the Madhya Pradesh High Court quashed a divorce order against a woman on the ground that minor difference of opinion between the husband and wife cannot be termed cruelty.  (Sarita Sharma vs Gourav Sharma)
    • the bench held, The husband agreed to the marriage, therefore, without any reason, the husband cannot be permitted to spoil the wife’s life for no fault on her part. The minor differences cannot be termed as cruelty between husband and wife. There should be no expectation of overnight change in the husband and wife. Time should be given by both of them to each other to transpose as a wife and as a husband in married life.
    • the bench noted, The husband has not made any efforts to bring her back. All these alleged episodes took place within one year of marriage and the husband has decided to take divorce from the wife. He did not give second chance to her. Even today she is ready to go with him from the court but he has refused straightway which shows that he has deserted the wife on the basis of a few instances which are normal between newly wedded couples.
  5. On Friday the Supreme Court said it is high time that the process for adoption of children in India is simplified. (Temple of Healing v Union of India)
    • A bench of Justices DY ChandrachudAS Bopanna and JB Pardiwala made the suggestion while hearing a plea by NGO Temple of Healing seeking formulation of an adoption scheme by the Ministry of Women and Child Development.
    • This is an important matter and it is a genuine plea. Lakhs and lakhs of children are waiting for adoption and people, couples cannot adopt for three to four years!
    • the Court recorded, Since petitioner has concrete suggestions, we ask ministry to depute a senior officer to meet the petitioner so that the suggestions by petitioner could be looked into.
    • Let the court be apprised on affidavit as to how the Centre has simplified the adoption related process in India.
  6. On Friday the Chief Justice of India (CJI) Designate Justice UU Lalit said that he will focus on three areas during his 74-day tenure at the helm – listing of cases, mentioning of urgent matters, Constitution benches.
    • Justice Lalit said, (1) Listing of cases, I assure that we will make listing as simple as clear and as transparent as possible. (2) area of mentioning urgent matters…we will look into this and very shortly you can have a clear cut regime where any urgent matters can be freely mentioned before any respective courts (3) Next is constitution bench and three judge bench matters as I believe job of SC is to lay down law in clear cut terms so that people are aware of peculiar positions in law. yes we will strive to have one constitution bench functioning throughout the year.
    • Justice Lalit said, This is the real tribute … it is the most fitting tribute.
  7. A man serving life term imprisonment in a case of murder and robbery that took place 12 years ago, was acquitted by the Delhi High Court on the ground of “serous gaps” in the case of the prosecution. (Sandeep v. State)
    • the Court ruled, There are serious gaps in the linkages of evidence sought to be relied upon by the prosecution which cannot sustain a finding of guilt beyond reasonable doubt….The appeal is accordingly disposed of and the appellant is acquitted of the charges framed.
    • The prosecution, it said, wasn’t able to prove its case beyond reasonable doubt, among other factor, due to:
      • The eye-witnesses who had last seen the deceased along with an unknown person had neither identified nor been able to name the unknown person sitting with the deceased at the shop.
      • Apart from the deceased’s brother suspicion on the appellant, there was “absolutely no basis” or context given by the prosecution to substantiate the same.
      • Somewhere along the investigation, an assumption was made that the appellant committed the crime. Presumption of the eye witnesses that the appellant was the same person who was the perpetrator of the crime as he was last seen with the deceased a few hours prior to the crime, cannot establish the guilt beyond reasonable doubt.
      • At no stage was any sketch made of the alleged last seen person with the deceased.
      • There was no evidence led by the prosecution forensically linking the paper-cutter (weapon used in the crime) allegedly recovered at the instance of the appellant and the blood-stained clothes of the appellant with that of the deceased.
      • Recovery of jewellery pieces from the appellant’s house in his presence with witnesses does not inspire confidence.
  8. On Friday the Kerala High Court observed that a DNA test conducted to decide the paternity or legitimacy of the child is not in sufficient in proving subsistence of marriage or domestic relationship under the Protection of Women from Domestic Violence Act (DV Act).  (Madeswari v K Manickam)
    • the judgment, Even if the DNA test is conducted and paternity is proved, that would not help the petitioner to prove the so-called marriage or domestic relationship. No doubt, in appropriate case, the court can order DNA test. However, it is settled that, strong prima facie case is to be made out to compel a person to undergo DNA test and the DNA test must be relevant to decide the fact in issue in a particular case. As stated already, the paternity or legitimacy of the son is not at all a fact in issue in the proceedings initiated by the petitioner against the respondent at the court below. The marriage as well as the domestic relationship can be proved by adducing other piece of evidence.
  9. On Friday the Allahabad High Court asked the Court’s Legal Services Committee to appoint lady counsel to represent the survivors in Protection of Children from Sexual Offences (POCSO) Act cases, especially when the such survivors are minor girls. (Ashish Yadav v State of UP)
    • the Court said, In such circumstances, the High Court Legal Services Committee, High Court Allahabad is requested to appoint lady counsels to represent the victims especially when the victims are minor girls.
    • the Court, The offence is grave. The likelihood of the applicant committed the offence is borne out from the records. At this stage no case for bail is made out.
  10. On Friday A public interest litigation (PIL) has been filed before the Delhi High Court seeking directions to the Central government to replace the terms ‘Centre’ or ‘Central Government’ with ‘Union Government’ in all acts and legislations as well as official communications.  (Atmaram Saraogi v Union of India)
    • the plea stated, Article 1 of the Constitution of India used the words ‘The Union and its Territory’ and states that “India, that is Bharat, shall be a Union of States”. Interestingly, the terms ‘Centre’ or ‘Central Government’ have consciously not been used in any of the 395 articles divided in 22 parts and/or in eight schedules of the Constitution of India.
    • the petition, That the term ‘Union Government’ has a unifying effect on the relationship of the Union and all the States, and would go a long way in defying the false impression that there is centralization of power in the Union Government and would further depict the right message in that regard.
  11. The Madurai Bench of the Madras High Court has lamented the increasing prevalence of sexual abuse of children and the apathy surrounding the issue. (Narayanan v State)
    • the Bench recorded, The sexual abuse of children had become more prevalent and there should be a social movement against it. Moral education should focus on the importance of children and treating them with due care.
    • The heart rending experiences of the children as deposed by them have undoubtedly swept away the aspersion cast on the parents of the victim children of falsely implicating the appellant.
    • the Court further recorded, The consequential effects of such sexual abuse can include depression, post-traumatic stress disorder, anxiety, complex post-traumatic stress propensity to further victimization in adulthood.
    • The appellant with a perverted sexual appetite has exploited as many as five children all younger than 9 years of age. The appellant himself was about 54 years old when he committed these acts.
  12. On Friday the Supreme Court said that those challenging the exercise of delimitation of wards under the Bruhat Bengaluru Mahanagar Palike (BBMP) for upcoming polls should approach the Karnataka High Court first.  (State of Karnataka v. M Shivaraju and ors)
    • Having heard learned counsel, we are of the view that it would be appropriate for the High Court to consider the pleas on their merits in accordance with law.
    • the petition said, In other words, the High Court has directed the State to conduct elections in a manner which is contrary to a validly and unanimously enacted piece of legislation.
  13. On Friday the Kerala High Court declined to grant permission to construct a mosque at a locality that already had many mosques around, noting that the State already has a large number of religious structures and ratio of religious structures to population is very high.  (Noorul Islam Samskarika Sangam v The District Collector & Ors.)
    • the Court said in its judgment, Because of the peculiar geographical situation of Kerala, it is known as ‘God’s own country’. But we are exhausted with religious places and prayer halls and we are not in a position to allow any new religious places and prayer halls except in the rarest of rare cases.
    • the Court observed, The above verses of the Holy Qur-an, clearly highlights the importance of Mosque to the Muslim community. But it is not stated in the above verses of the Holy Qur-an that Mosque is necessary in every nook and corner……It is not stated in the “Hadees” or in the Holy Qur-an that mosque is to be situated adjacent to the house of every Muslim community member. Distance is not the criteria, but reaching the mosque is important.
    • the Court noted, Kerala is exhausted with religious institutions and prayer halls… If every devotee of Hindu, Christian, Muslim, Jews, Parsis, etc. start to construct religious places and prayer halls near their residence, the State will face serious consequence including communal disharmony. In this case the intelligence report and the police report says that if the present conversion of the commercial building to a religious prayer hall is allowed, there is chance for communal disharmony. It is a sensitive issue.
    • the Court said, It is true that Article 26(a) of the Constitution of India states that subject to the public order, morality and health, every religious denomination or any section thereof shall have the right to establish and maintain institutions for religious and charitable purposes. That does not mean that they can construct religious places in every nook and corner of the country. Kerala is a very small State.
    • the judgment stated, Let the citizens love each other and follow their religious practices according to their religious beliefs. They can do it from their house and if their religion insists that, it should be done together in a prayer hall; they can travel to the nearest mosque instead of constructing another mosque or prayer hall in their neighbourhood….If the poet is alive today, I am sure that the poet will rewrite the second line of the above song as “religion is the creator of religious places”, instead of God.
    • the Court held, Therefore, it is declared that, even for a change of occupancy of a building to a religious place, the Manual of Guidelines is applicable and the approval from the competent authority as per the Manual of Guidelines is necessary.
    • the Court deemed it appropriate to invoke its inherent powers under Article 226 of the Constitution of India and issue the following directions to the State government and Police authorities:
      • The Chief Secretary of State of Kerala and the State Police Chief shall issue necessary orders / circulars directing all the officer concerned to see that there is no illegal functioning of any religious places and prayer halls without obtaining permission from the competent authorities as per the Manual of Guidelines and if any such religious place or prayer hall is functioning without necessary permission, to take necessary steps to close down the same forthwith.
      • The Chief Secretary of the State of Kerala will issue necessary orders / circulars directing the competent authority as per the Manual of Guidelines to consider each application to start religious places and prayer halls strictly and the approval can be granted only in appropriate cases. In the order/circular, it should be clearly mentioned that the distance to the nearest similar religious place / prayer hall is one of the criteria while considering the application for religious places and prayer halls.
      • The Chief Secretary of the State of Kerala will issue a separate circular / order prohibiting change of category of a building to a religious place / prayer hall except in inevitable circumstances and in the rarest of rare case, and that also only after getting report from the Police and Intelligence ascertaining the ground realities of that particular place.
  14. On Friday the Outgoing Chief Justice of India (CJI) NV Ramana apologised for not being able to tackle the issues plaguing listing of cases in the Supreme Court.
    • I must admit that issue of listing and posting of matters is one of the areas on which I could not pay requisite attention. I am sorry for that. We are busy in fire fighting on all days.
    • Indian judiciary has grown with time. It cannot be defined or judged by one single order or judgment. At all times, the majesty of this great institution shall be protected and defended by the bench and the bar.
    • CJI added, We need to deploy modern technologies courts and artificial intelligence (AI) to find the lasting solutions. Even though we tried developing some modules because of compatibility issues and security issues we could not make such progress, due to COVID-19, our priority was running of court. Unlike commercial establishments we cannot secure products from the market.
    • In last 16 months, only 50 days of full hearing could be conducted. Of course each one of us have to make out own contribution. I have done my bit to the best of my ability. I tried to meet needs of bar whether it be creating space of lawyers or something else.
  15. On Friday the Delhi High Court has held that there were glaring lapses in the conduct of the Central Board of Secondary Education (CBSE) as it kept the students in dark till the very end regarding the weightage to be given to term exam marks while calculating the results of Class X and XII board exams for the year 2022.  (Devasri Bali v CBSE and Anr)
    • the Court said, All of this does not paint a glossy picture. This state of affairs at the CBSE is nothing but worrisome. Manifest arbitrariness at such a large scale cannot be allowed to go on unfettered. By its conduct and representations in public by way of circulars, the CBSE has violated the legitimate expectation of the students, including the petitioner.
    • Justice Singh ordered, The revised Result/mark sheet thus prepared shall be uploaded, as expeditiously as possible, preferably within two working days from the date of this Judgment, on the DigiLocker for ensuring access to the petitioner.
  16. On Friday Outgoing Chief Justice of India (CJI) NV Ramana apologised for not being able to tackle the issues plaguing listing of cases in the Supreme Court.
    • CJI Ramana said that pendency of cases is a challenge faced by courts in the country but he added that Indian judiciary cannot be defined or judged by one single order or judgment.
    • I must admit that issue of listing and posting of matters is one of the areas on which I could not pay requisite attention. I am sorry for that. We are busy in fire fighting on all days.
    • Indian judiciary has grown with time. It cannot be defined or judged by one single order or judgment. At all times, the majesty of this great institution shall be protected and defended by the bench and the bar.
    • We need to deploy modern technologies courts and artificial intelligence (AI) to find the lasting solutions. Even though we tried developing some modules because of compatibility issues and security issues we could not make such progress, due to COVID-19, our priority was running of court. Unlike commercial establishments we cannot secure products from the market.
    • In last 16 months, only 50 days of full hearing could be conducted. Of course each one of us have to make out own contribution. I have done my bit to the best of my ability. I tried to meet needs of bar whether it be creating space of lawyers or something else.
  17. On Friday the Delhi High Court sought clarity about whether the plea before Supreme court filed by Indian Medical Association (IMA) alleging a smear campaign against allopathy by Baba Ramdev and the defamation suit before the High Court by a group of doctors against Ramdev, raise similar issues.  (Resident Doctors Association, All India Institute of Medical Sciences (AIIMS), Rishikesh and Ors v. Ram Kishan Yadav Alias Swami Ramdev and Ors.)
    • The Court also made it clear that if it finds that the two matters are same and deal with similar issues, Patanjali – the common party before both the Supreme Court and Delhi High Court — will be directed to file an application before the apex court and seek clarity on whether the High Court can proceed with the matter.
    • the bench had remarked, Why is Baba Ramdev accusing doctors allopathy etc? He popularised yoga. Good. But he should not criticize other systems. What is the guarantee that what he follows will cure everything?…Why is Baba Ramdev abusing the system like this.
  18. On Friday the Delhi High Court has held that WhatsApp’s 2021 privacy policy creates a “take-it-or-leave-it” situation, virtually forcing its users into agreement by providing a mirage of choice, and then sharing their sensitive data with Facebook.  (WhatsApp LLV v. Competition Commission of India & Anr)
    • A Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that WhatsApp occupies a dominant position in the relevant product market and that there exists a strong lock-in effect which renders its users incapable of shifting to another platform despite dissatisfaction with the product.
    • the Court held, By and large, to ensure retention of its user base and to prevent any other disruptive technology from entering the market, data is utilised by tech companies to customise and personalise their own platforms so that its userbase remains hooked. When data concentration is seen through this prism, it does give meaning to the new adage that “data is the new oil”, and, as noted in the CCI Order dated 24.03.2021, it raises competition concerns because it prima facie amounts to imposition of unfair terms and conditions upon its users, thereby violating Section 4(2)(a)(i) of the Competition Act.
    • In the event the Supreme Court upholds the 2021 Policy, then surely CCI can venture into the question as to whether the provisions of the Act have been violated or not. In the event that the 2021 Policy is set aside by the Supreme Court, the CCI will still possess the jurisdiction to investigate the violation of the Act, if any, during the pendency of the matter before the Supreme Court when the 2021 Policy was in operation. In either of the cases, it cannot be stated that the CCI does not have the authority to look into this affair being the market regulator.
    • The sphere of operation of both are vastly different. Neither this Court nor the Supreme Court are analysing the 2021 Policy through the prism of competition law.
  19. On Friday the Kerala High Court directed police authorities to ensure law and order in the area around the construction of the Adani Group’s Vizhinjam International Transhipment Deepwater Multipurpose Seaport in Thiruvananthapuram.  (M/s Adani Vizhinjam Port Pvt. Ltd. & Ors. v State of Kerala & Ors.)
    • the order stated, The concerned Station House Officer and the Commissioner of Police shall take appropriate steps to ensure that law and order is maintained in the locality.
    • M/s Adani Vizhinjam Port Pvt. Ltd. was selected as the concessionaire for the Vizhinjam Seaport Project and construction began on December 5, 2015. The port is being currently developed in landlord model with a Public Private Partnership component on a design, build, finance, operate and transfer (“DBFOT”) basis.
    • The petitions claimed that recently, the protesters have been blocking the entry and exit points to the construction site and that on some occasions, thousands of protestors actually managed to enter the site which is a High Security Zone.
    • The petitioners had also sought a direction to the Central government to provide adequate protection by the Central Reserve Police Force (CRPF) since the Government of India is also contributing to the project through Viability Gap Fund (VGF).
  20. On Friday the Supreme Court dismissed a petition challenging the dropping of hate speech and other charges against Uttar Pradesh Chief Minister Yogi Adityanath in relation to the 2007 Gorakhpur riots.  (Parvez Parwaz v. State of Uttar Pradesh)
    • A Bench led by outgoing Chief Justice of India NV Ramana said, we do not think it necessary to go into the contentions raised by both sides on the issue of denial of sanction for prosecution and the legal pleas sought to be raised in relation to the said issue. However, we think it appropriate that the legal questions on the issue of sanction be left open to be considered in an appropriate case.
    • CJI Ramana had asked, What you are raising is an academic question. If there are no criminal proceedings then where is the question of sanction?
    • Rohatgi then responded, Here petitioner says he is a public-spirited person and he is accused of violating the National Security Act and also convicted under Section 376B and here he says he is bothered about a 2007 incident, please see the antecedents.
    • Agar koi Hinduon ke gharon aur dukano mein aag lagata hain, toh main nahi manta ki aap sab in sab kirtiyon ko karne se rokta hain. (If someone put the homes and shops of Hindus on fire, then I do not believe that you should also be stopped from doing the same).
  21. On Friday the courtroom of Chief Justice of India (CJI) in the Supreme Court was privy to emotional scenes when outgoing CJI NV Ramana sat on the bench for one last time.
    • CJI Ramana is retiring today after a tenure of nearly 8 years at the Supreme Court.
    • Senior Counsel and former President of the Supreme Court Bar Association (SCBA), Dushyant Dave, who was present in the Court to bid farewell to the judge, broke down as he spoke.
      • You have been a citizen’s judge. I cannot hold back my emotions today. You are leaving the court in the great hands of Justice Lalit and Justice Kohli. We will miss you. Thank you so much.
      • You upheld their rights. You upheld the Constitution. When you took over, I wrote an article that I was skeptical. But Your Lordships exceeded our expectations. You did what was really expected to be done by this Court.
      • You did it. You did it with a smile. You did it with utmost courtesy to institutions, lawyers, parties in person. Your Lordships are leaving this Court in greats. The kind of atmosphere, power that you given to this institution with continue to be strengthened further.
  22. On Friday the Supreme Court ordered that the plea against freebies promised by political parties before elections, needs to be heard by a 3-judge bench in view of the complexity of the issue.  (Ashwini Upadhyay vs Union of India and ors)
    • the Court said in its order, We direct listing of the case before a three judge bench as formulated by the CJI. This is looking at the complexity of the case and a need to reconsider the Subramaniam Balaji judgment.
    • The Court also noted in its order the following issues raised by various parties which might require consideration by the Court:
      • What is scope of judicial intervention?
      • Can court pass any enforceable order?
      • What should be the composition of the committee?
      • Whether Subramaniam Balaji v. Govt of Tamil Nadu judgment needs reconsideration?
    • The public interest litigation (PIL) filed by BJP leader Ashwini Kumar Upadhyay has sought directions to the Central government and the Election Commission to take steps to regulate poll manifestos of political parties and to parties accountable for promises made in such manifestos.
    • Senior Advocate Vikas Singh had suggested, I was suggesting a retired Supreme Court judge head the committee like Justice Lodha.
    • Solicitor General Tushar Mehta had replied, I think a Constitutional body should head the committee to deliberate.
    • CJI Ramana had then asked, Why doesn’t the Government of India form a committee to study this issue?
    • Senior Advocate Arvind Datar, appearing for the Election Commission, asked, If something is there in manifesto, can it be called a freebie? There is enough material available to judge the economic impact of freebies.
    • CJI Ramana went on to observe, Who is in opposition today can come into power tomorrow and they will have to manage this. So things like freebies etc which can destroy the economy. It has to be looked at and I just cannot pass a mandamus. Thus, there needs to be a debate.
  23. On Friday the Supreme Court will be streamed live proceedings, he was the first time in its 71-year-long history, the live streaming will be limited to the ceremonial bench of which outgoing Chief Justice of India NV Ramana will be part.
    • As per the followed custom, CJI NV Ramana will be sharing the bench with the next Chief Justice of India on his last working day. Justice UU Lalit has been recently appointed as the 49th Chief Justice of India after the retirement of CJI Ramana.
    • the notice said, Please take notice that on the eve of laying down the office of the Hon’ble Chief Justice of India, the proceedings of the Hon’ble Chief Justice’ Court i.e., Ceremonial Bench on August 26, 2022, 10:30 A.M. onwards shall be livestreamed through the NIC’ Webcast portal.
    • It will be telecasted live on NIC webcast portal :-–
  24. On Thursday the brother of late KM Basheer, who died in an alleged road rage incident involving IAS officer Sreeram Venkitaraman, has approached the Kerala High Court seeking a Central Bureau of Investigation (CBI) probe into the same.  (Abdurahiman v State of Kerala & Ors.)
    • the plea said, It is humbly submitted that, that the accused being a highly influential IAS officer in the State of Kerala, has adversely effected the investigation of the above crime and also in all the likelihood, he may influence the witnesses to dilute the prosecution, which could lead to the petitioner and his family being denied justice.
  25. On Friday the Supreme Court refused to entertain petitions seeking directions to the National Testing Agency (NTA) to conduct additional session of IIT-JEE Mains Examination 2022 for both the first and the second sessions which were disrupted owing to some technical glitches.
    • In a batch of appeals filed against a single judge order of the Delhi High Court, a bench of Justices DY ChandrachudAS Bopanna and JB Pardiwalla, suggested that the petitioners file a letters patent appeal before a division bench of the High Court.
    • the Court said, We do not encourage filing an Article 136 plea. File a letters patent appeal against the order. This is not maintainable.
    • the bench said, Sher Shah Suri road is a kilometre away and everything from Delhi High Court comes here. From Ernakulam no one is able to come here. Just because it is Delhi High Court you directly come here. we are not inclined to entertain this separate batch of writ petition under 32…We should in fact dismiss all the petitions then. Why should the HC be also confused then. So we are dismissing the Article 32 petitions. Let there be finality. You will only increase anxiety level of students.


Legal Prudent Fraternity