Today’s Legal Updates

Wednesday, 27th June 2022

Legal Awareness :- CONSTITUTION OF INDIA

Part – V THE UNION

CHAPTER- I THE EXECUTIVE (Council of Ministers)

Article – 74 Council of Ministers to aid and advise President. 

  1. There shall be a Council of Ministers with the Prime Minister at the head to aid and advise
    the President who shall, in the exercise of his functions, act in accordance with such advice:
    • [Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.]
  2. The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.

Today’s Legal Updates :-

  1. On Wednesday the Central government told the Bombay High Court defending Jaiswal’s appointment to the post Director of Central Bureau of Investigation (CBI) Subodh Kumar Jaiswal has enough experience dealing with anti-corruption cases and has no pending complaint or court case against him.
    • an affidavit filed before the High Court by the under secretary of the Ministry of Personnel & Public Grievances said Jaiswal has handled anti-corruption cases include economic offences, white collar crime, corporate crimes along with cases under Prevention of Corruption Act (PCA).
  2. Last Week A Srinagar Court issued notice to the Commissioner Secretary (Transport), the Regional Transport Office and other traffic authorities in Jammu and Kashmir (J&K) in a plea seeking registration of vehicles purchased outside the Union Territory.  (Mansab Wadoo v UT Through Commissioner Secretary Transport J&K & Ors.)
    • the order, The applicant has raised an important issue which requires indulgence of this court. Therefore issue notice to the non-applicants for their appearance before this court. Put up on 28-07-2022 for further proceedings.
  3. On Wednesday An Additional Sessions Judge from Bihar has moved the Supreme Court challenging a suspension order against him passed by the Patna High Court in February this year.
    • The matter was mentioned by Senior Advocate Vikas Singh before a Bench led by the Chief Justice of India NV Ramana who agreed to list the matter.
    • The plea by Araria district special POCSO judge Shashikant Rai said that action was taken against him only for questioning the new evaluation system in place for promotions in the district judiciary.
    • it was contended, The Hon’ble High Court, merely for questioning the process of evaluation of judgements, straightaway issued show cause notice to the Petitioner and later suspended him without giving any reasons thereby failing in its constitutional obligation to guide and protect the judicial officers.
    • the plea filed through advocate Nitin Saluja said, Institutional bias against the petitioner as the judgements of the petitioner in Spl. POCSO Case No. 01/2022 giving capital punishment to the accused Md. Major in four working days of trial and in Spl. POCSO Case No. 36/2021 giving punishment of life imprisonment in one working day of trial had caught immense media attention and was widely reported and appreciated by the government as well as by the public.
    • as he stands condemned for an action that otherwise garnered the praise of the State.
  4. On Wednesday the Delhi High Court has taken corrective action after several labourers involved in renovation of the High Court building were seen working without safety gear.
    •  the official said, We have taken serious note of the issue and PWD was asked for an explanation. We have directed them to ensure compliance with all safety laws and random checks will also be carried out by a nodal officer of PWD to ensure workers are working with all safety measures in place.
  5. On Monday the  Bombay High Court called for urgently putting in place a protocol for scanning and digitising the records and proceedings of the court.  (The Oriental Insurance Co. Ltd vs Suresh Ramchand Savlani & Ors.)
    • the order said, Indeed the trajectory of this matter is arguably a good example or instance of the now urgent and undeniable need for a regular protocol being established for scanning and digitalization. The reason we say this is that neither side before us seems to have a complete set, including, most importantly, the financial documents that were used to establish the income of the injured and of the deceased. In this branch of the law that is a crucial component.
    • Before we allow either side to take copies of the records and proceedings (R&P), we request the Registry to scan the entire R&P. Then the Advocates on both sides may take soft or hard copies or both as they prefer.
  6. On Wednesday the Delhi High Court said that while it cannot direct Delhi Chief Minister (CM) Arvind Kejriwal to remove minister Satyender Jain from his cabinet, it hopes that the CM while appointing ministers, will uphold the trust reposed in him by the electorate.
    • A Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad held thus while dismissing a public interest litigation (PIL) petition seeking Jain’s removal from the cabinet because of his arrest by the Enforcement Directorate for alleged money laundering.
    • the court’s order, The Chief Minister exercises his/her discretion in choosing the Members of Cabinet and to formulate a policy pertaining to appointment of Council of Ministers. The Council of Ministers has a collective responsibility to sustain and uphold integrity of the Constitution of India, and it is for the Chief Minister to act in the best interest of the State and consider as to whether a person who has criminal background and/or has been charged with offences involving moral turpitude should be appointed and should be allowed to continue as a Minister or not.
  7. On Monday the Allahabad High Court refused to entertain a plea seeking the registration of a First Information Report (FIR) against Union Minister Smriti Irani and two others for allegedly demanding ₹25 lakh for appointment as a member of the National Commission for Women (NCW). (Vartika Singh v. State of UP)
  8. On Tuesday the Kerala High Court held that abuses and insults made on an online platform against a person belonging to a Scheduled Caste or Scheduled Tribe would attract the offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.  (Sooraj V Sukumar v State of Kerala & Anr.)
  9. On Wednesday the Supreme Court ordered the implementation of an enhanced pay scale to judicial officers from 1st January 2016 and directed the Central and state governments to pay their arrears. (All India Judges Association v. Union of India)
  10. On Wednesday the Supreme Court upheld the validity of the provisions of the Prevention of Money Laundering Act (PMLA) in a judgment which is bound to have significant political implications.
    • The judgment was pronounced by a Bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar in a batch of 241 petitions challenging the validity of the law.
    • the judgment held, If a person is finally discharged and acquitted of the scheduled offence or criminal case against him is quashed by a court of competent jurisdiction, there can be no offence of money laundering against him or anyone claiming such property being linked to the stated scheduled offence to him.
    • the judgment said, The provision in the form of Section 45 of the 2002 Act, as applicable post amendment of 2018, is reasonable and has direct nexus with the purposes and objects sought to be achieved by the 2002 Act and does not suffer from the vice of arbitrariness or unreasonableness.
    • the judgment, It was open to the Parliament to cure the defect noted by this Court so as to revive the same provision in the existing form.
    • the Court said, Section 50 is in nature of inquiry and is not investigation and the authorities are not police officers. The punishment of fine or arrest for giving false information cannot be construed as a compulsion to give statement. The statements are not hit by Article 20.
    • It is enough, if ED at the time of arrest, discloses the grounds of such arrest.
  11. Last Week the Madurai Bench of the Madras High Court directed the police to register a case of cheating against a man who did not disclose his impotency to his wife before marriage. (Irfana Nasreen v State)
  12. On Wednesday A public interest litigation petition has been filed before the Bombay High Court challenging the decision of the State government to change the name of Aurangabad city to Sambhaji Nagar.  (Mustq Ahmed & Ors. v. Union of India & Ors.)
  13. On Wednesday the Kerala High Court sought the State Government’s response on a plea which sought disqualification of Saji Cherian, an MLA belonging to the ruling Communist Party of India (Marxist), over his remarks allegedly disrespecting the Constitution of India.  (Biju P Cheruman v Election Commission if India & Ors.)
  14. On Tuesday by a Mumbai Court one Manvendra Vindwasani Singh, who sent death threats to Bollywood actors Katrina Kaif and Vicky Kaushal, was remanded to 2-day police custody.
  15. On Wednesday the Calcutta High Court allowed a wife’s plea to transfer a divorce case filed by her husband, while noting that travelling to the court, situated 155 km away, at odd hours of the day, would cause her physical hardship. (Sandipa Gupta v. Sri Suraj Gupta)
  16. On Tuesday the Kerala High Court held that police officers are well within their right to use necessary force while discharging their duty in order to arrest an accused. (Gulam Rasul v State of Kerala & Anr.)
  17. On Wednesday the Delhi High Court has directed an Indian company named Neeraj Food Products to pay nearly ₹16 lakh to British confectionery firm Cadbury for infringing its ‘Cadbury Gems’ trademark.  (Mondelez India Foods Pvt Ltd and Anr v. Neeraj Food Products)
  18. On Wednesday the Supreme Court upheld the Constitutional validity of Prevention of Money Laundering Act (PMLA). (Vijay Madanlal Choudhary v Union of India)
  19. On Wednesday the Delhi High Court dismissed an appeal seeking details of the Supreme Court Collegium meeting held on December 12, 2018, which were never made public.
  20. On Tuesday the Patna High Court observed while upholding the conviction and life term of a man who had raped his two minor daughters from 2007 to 2013, Sexual assault on a young girl damages her personality and leaves the survivor battling lifelong trauma.  (F vs State of Bihar)
  21. On Wednesday the Supreme Court will deliver a crucial judgment on the validity of the Prevention of Money Laundering Act.  (Vijay Madanlal Choudhary v. Union of India)
  22. On Wednesday Former General Manager (Legal) at Small Industries Development Bank of India (SIDBI) and banking and insolvency law expert Mukesh Chand has joined Economic Laws Practice (ELP) as a Partner.

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