Today’s Legal Updates

Wednesday, 29th June 2022

Legal Awareness :- CONSTITUTION OF INDIA

Part – V THE UNION

CHAPTER- I THE EXECUTIVE (The President and Vice-President)

Article – 54 Election of President

The President shall be elected by the members of an electoral college consisting of—
(a) the elected members of both Houses of Parliament; and
(b) the elected members of the Legislative Assemblies of the States.

[Explanation.—In this article and in article 55, “State” includes the
National Capital Territory of Delhi and the Union territory of *Pondicherry.]

Today’s Legal Updates :-

  1. On Wednesday the Supreme Court permitted incarcerated Maharashtra MLAs Nawab Malik and Anil Deshmukh to vote in the floor test scheduled to be held tomorrow for deciding majority in the Maharashtra Legislative Assembly.
    • Justices Surya Kant and JB Pardiwala asked why the two MLAs could not be permitted to attend the special session considering it was not an election and hence may not be barred under Section 62(5) of the Representation of People Act.
    • Justice Kant asked the Solicitor General Tushar Mehta, “What do you have to say? elections are not happening tomorrow, What is the problem in allowing them?” 
    • the Bench held that, We allow the applicants to participate in proceedings of floor test scheduled to be held tomorrow in the Maharashtra Legislatibe Assembly. Since the applicants are in custody pursuant to cases registered by Enforcement Directorate and Central Bureau of Investigation, the applicants will be accompanied by police to the Vidhan Sabha hall. Once proceedings are over, the applicants shall be brought back to judicial custody.
  2. On Wednesday the Supreme Court is hearing the plea by the Uddhav Thakceray camp of Shiv Sena challenging Maharashtra Governor Bhagat Singh Koshyari’s decision to hold floor test in the Maharashtra Legislative Assembly tomorrow.
  3. On Wednesday the Supreme Court refused to stay the floor test slated to be held at 11 am tomorrow morning in the Maharashtra Legislative Assembly as per the direction of State Governor Bhagat Singh Koshyari.
    • the Court directed, We are not staying the floor test We are issuing notice. You can file counter We will hear on merits along with other cases on July 11 The result of tomorrow will depend on final outcome of this petition.
    • Maharashtra has been embroiled in political crisis after cabinet minister Eknath Shinde and a rebel group of MLAs left the State first for Surat in Gujarat and then for Guwahati where they have been encamped for more than a week now.
  4. On Wednesday the Kerala High Court directed the Devaswom Managing Committee of Guruvayoor Temple to stop the practice of permitting “a class of worshippers” to enter the temple premises in their vehicles.
    • A division bench of Justices Anil K Narendran and PG Ajithkumar noted that in September 2021, prominent Malayalam cine actor Mohanlal was permitted to bring his vehicle into the nadappanthal in the temple premises along with another vehicle belonging to a member of the managing committee.
    •  the order,  Right to worship is a civil right, of course in an accustomed manner and subject to the practise and tradition in each temple. A ‘worshipper’, who shows reverence and adoration for Lord Guruvayurappan, is duty bound to exercise his right to worship in an accustomed manner and subject to the practise and tradition in Guruvayur Sree Krishna Temple. He is duty bound to obey the restrictions, if any, imposed by the Managing Committee with a view to avoid outspread of Covid-19 and interruption of quotidian poojas and offerings to the deity in case Santhies getting indisposed.
    • the Court said in its order, Nadapanthal is not intended for the movement of worshippers in vehicles. Entry of vehicles through Nadapanthal will certainly cause inconvenience to the worshippers, especially children of tender age, senior citizens, persons with disabilities and also mentally challenged persons…. the practise of permitting a class of worshippers to bring their vehicles upto Bhagavathy Temple, through the Nadapathal, with the active support of the members of the Managing Committee or the Administrator, has to be stopped with immediate effect.
    • the Court noted, The statements in the affidavit dated filed by the Administrator and also the materials on record in the relevant files would make it explicitly clear that a class of worshippers are permitted to bring their vehicles upto Bhagavathy Temple, through the Nadapathal, with the active support of the Members of the Managing Committee or the Administrator.
  5. On Wednesday the Supreme Court will pronounce its order at 9 pm in the plea by Shiv Sena camp challenging the direction of the Maharashtra Governor Bhagat Singh Kishyari to hold floor test in Maharashtra Legislative Assembly tomorrow.
    • Maharashtra has been embroiled in political crisis after cabinet minister Eknath Shinde and a rebel group of MLAs left the State first for Surat in Gujarat and then for Guwahati where they have been encamped for more than a week now.
  6. On Wednesday the National Investigation Agency (NIA) has registered a case against two accused Mohammed Riyaz Akhtar and Mohammed Gaus in the case of the murder of tailor Kanhaiya Lal Teli in Udaipur.
    • The case has been registered under sections 452 (house trespass), 302 (murder), 153(A) (promoting enmity between different groups), 153 (B) (imputations prejudicial to national-integration), 295(A) (outrage reli­gious feelings) and 34 of Indian Penal Code.
  7. On Wednesday the Kerala High Court mooted the possibility of setting up child-friendly rooms in all Family Courts which were noticed to be functioning with very minimal facilities.
    • the Court said, It is a known matter that most of the Family Courts are functioning in leased premises without adequate infrastructure and facilities. There is not even a waiting room for the children who are brought to the Courts for providing access, visitation rights and interim custody to their parents. In a few Family Courts, the children and the parties are seen standing in jam-packed corridors and even on the roads for the whole day. The congested Courts and the over-crowded premises, in fact, stares at the young minds, who develop negative notions regarding the justice delivery system in the Country.
    • the order, In such circumstances, we deem it appropriate to call for a report from the Registrar (District Judiciary) as to the number of POCSO Courts functioning in the near vicinity of the Family Courts in the State and to explore the possibility of dedicating a separate room in all the Family Courts, with a child friendly atmosphere somewhat akin to the POCSO Courts, to facilitate the handing over of the children, and for the parents to exercise their interim custody and visitation rights.
    • the Court also directed the Registrar (District Judiciary) to inform all the Presiding Officers of the Family Courts to strictly follow the directions issued by the High Court, and to dispose of the Interlocutory Applications filed in all cases in a time bound manner.
  8. On Wednesday Naik Naik & Co, a leading Mumbai-based full-service law firm, has formalised a joint venture agreement with Anand and Anand, a leading intellectual property (IP) law firm of India at Delhi, for the Mumbai region.
  9. On Wednesday the Maharashtra Governor could not have called for a floor test when petitions relating to disqualification of certain MLAs are pending before the Supreme Court, the Shiv Sena has told the apex court in its petition assailing the Governor’s decision to schedule the floor test in Maharashtra assembly tomorrow.  (Sunil Prabhu vs Principal Secretary, Governor of Maharashtra and anr)
  10. On Tuesday the Karnataka High Court stayed criminal proceedings against thirteen leaders of the Karnataka Pradesh Congress Committee (KPCC), including DK Shivakumar and Siddaramaiah against whom a First Information Report (FIR) was lodged for violation of COVID norms after they held a rally in January demanding construction of a reservoir in Mekedatu. (DK Shivakumar v State of Karnataka)
    • Justice Sunil Dutt Yadav was hearing a plea by the leaders of Indian National Congress’ state unit seeking quashing of the FIR registered for offences under the Karnataka Epidemic Diseased Act and Sections 141 (Unlawful Assembly), 143, 149, 290 (Public nuisance), 336 (endangering life or personal safety of others) of the Indian Penal Code.
    • It is also imperative to state that in order for the provision of the Karnataka Epidemic Diseases Act are to be imposed, a notification under section 3 of the said act ought to have been published in the official gazette notifying COVID-19 as an epidemic disease, which had not been done till date.
  11. On Tuesday A Mumbai court rejected the bail applications filed by Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, and Mahesh Raut, all accused in the Bhima Koregaon violence case.
    • The applications were filed in 2018 seeking default bail on the ground that the extension granted by the court to the investigating agency for filing chargesheet was in violation of law.
  12. On Wednesday the 2nd National Lok Adalat for the year 2022 was held under the aegis of the National Legal Services Authority (NALSA) across nine States of the country.
    • The programme was held in Maharashtra, Kerala, Goa, Andaman & Nicobar, Andhra Pradesh, Gujarat, Karanataka, Puncucherry, Tamil Nadu, and Telangana on June 25 and 26 under the aegis of Supreme Court judge Justice UU Lalit.
  13. On Wednesday Senior Advocate KK Venugopal will continue as Attorney General for India for three more months.
  14. On Wednesday the Supreme Court agreed to hear the plea filed by jailed Maharashtra MLAs Nawab Malik and Anil Deshmukh, seeking permission to vote in the floor test scheduled to be held tomorrow for deciding majority in the Maharashtra Legislative Assembly.
  15. On Wednesday the Supreme Court stayed an order of the Tripura High Court by which it had sought to scrutinise the need for security cover given to industrialist Mukesh Ambani and his family members. (Union of India v. Bikash Saha)
  16. On Wednesday the Supreme Court will hear at 5 pm, the plea Uddhav Thakceray camp of Shiv Sena challenging Maharashtra Governor Bhagat Singh Koshyari’s decision to hold floor test in the Maharashtra Legislative Assembly tomorrow.
    • The plea was mentioned by Senior Advocate Dr. Abhishek Manu Singhvi before a bench of Justices Surya Kant and JB Pardiwala, seeking urgent listing citing the fact that the floor test is scheduled for 11 am tomorrow.
    • Singhvi submitted, I am mentioning a matter for an illegal floor test. Floor test cannot include names which are stigmatized. I want a hearing late evening. Votes which cannot be counted will be counted. The entire exercise will be futile.
    • the bench remarked, Whether we decide in favour or not, they cannot be denied hearing. An urgent hearing ought to be granted.
    • Kamat had submitted, Our apprehension is that they are going to ask for a floor test. That will alter status quo.
  17. On Wednesday S Majumdar & Co has joined hands with Sinha and Company to form an Intellectual Property (IP) litigation firm called Majmudar & Sinha IPR Lawyers.
  18. On Wednesday the Kerala High Court has sought an explanation from a judicial officer for remanding two accused persons in a case in which arrest was made without satisfying the guidelines laid down by the Supreme Court in Arnesh Kumar v. State Of Bihar.  (Gopika Jayan & Anr. v Faisal MA)
    • the High Court ordered, The Registrar General will forthwith call for a report from the learned Judicial First Class Magistrate, who has rendered remand order dated February 3, 2022 on Crime No.44/2022 of Elamakkara Police Station, Ernakulam, as to how he could reach reasonable satisfaction, based on the parameters laid down by the Apex Court in the aforesaid decisions and the applicable legal principles and as to why the arrest and remand of both these accused persons was highly imperative. So also, it shall be explained as to how he has ordered that A1 (1st petitioner) is remanded to the District Jail, Kakkanad and A2 (2nd petitioner) is remanded to the Judicial custody to Borstal School, Kakkanad.
    • It is now well established as an elementary proposition of criminal jurisprudence, as can be seen from a reading of Arnesh Kumar, DK Basu v State of West Bengal, and Jogindar Kumar v State of UP & Ors, that no arrest can be made merely because it is lawful for the Police Officer to do so and the existence of the power to arrest is one thing and justification of the exercise of it is quite another and no arrest shall be made without reasonable satisfaction reached after some investigation about the genuineness and bonafides of a complaint and a reasonable belief that both as per the person’s complicity and even as to the necessity to arrest that person and denial of liberty is a serious matter, etc,
    • the Court noted, Prima facie, we would also observe in the same breadth that though, the first petitioner had given a statement before the learned Magistrate in terms of Annexure A6, the learned Magistrate has not taken into consideration those aspects regarding the harassment said to have been meted out to her by her so called step father and has not cared to make any proper satisfaction as to whether the case of deliberate and premeditated abandonment of the child is made out.
  19. Last Week the Gujarat High Court directed the Central government to expeditiously complete the process for the appointment of a Presiding Officer (PO) to the Debts Recovery Tribunal-I (DRT-I), Ahmedabad. (Nipun Praveen Singhvi v Union of India)
    • the order said, A Writ of Mandamus is issued directing the respondent to conclude the process for appointment of the Presiding Officer in DRT-I, Ahmedabad, expeditiously and at any rate within an outer limit of two months from today.
    • the petition said, The vacancy in DRT-I has led to violation of legal rights of representation to the bankers/lenders, borrowers, guarantors, and other stake holders.
    • the Court said, Though this matter has seen two subsequent dates i.e. 17.6.2022 and 20.6.2022, till date, the assurance given to this Court has not crystallized by way of any such steps having been taken or order having been issued.

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