Today’s Legal Updates

Thursday, 30th June 2022

Legal Awareness :- CONSTITUTION OF INDIA

Part – V THE UNION

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

Article – 55 Manner of election of President

  1. As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President.
  2. For the purpose of securing such uniformity among the States inter se as well as parity between the States as a whole and the Union, the number of votes which each elected member of Parliament and of the Legislative Assembly of each State is entitled to cast at such election shall be determined in the following manner:—
    1. every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly.
    2. if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub-clause (a) shall be further increased by one;
    3. each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under sub-clauses (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding one-half being counted as one and other fractions being disregarded.
  3. The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.

[Explanation.—In this article, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published:

Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year [2026] have been published, be construed as a reference to the 1971 census.]

Today’s Legal Updates :-

  1. On Thursday a  plea seeking cancellation of bail of Sudhakar Dwivedi, one of the accused in the 2008 Malegaon blast case, on the ground that he had travelled to Nepal in violation of bail conditions, was dismissed by a special court.
    • the special judge said while rejecting the application, The accused should not breach any of the bail conditions in future. It is also not the case that because of him there was any impact on the trial.
    • Nisar Ahmed Bilal, the father of a victim in the blasts, highlighted that Dwivedi had travelled to Nepal without prior permission of the special court that is dealing with the blast case. He accordingly sought cancellation of the bail.
  2. On Thursday Aryan Khan, has moved the Mumbai Sessions Court seeking cancellation of bail bond and return of his passport which was submitted as condition for bail, after being given a clean chit by the Narcotics Control Bureau (NCB) in the cruise ship drug case.
    • the application stated, The above facts clearly depict that the the applicant has been exonerated from the present matter and that he is no longer an accused in the present case. It would be in the interest of justice and it would be just and proper for the bail bond to be cancelled and the passport be returned to him and further discharge the personal bond.
  3. On Thursday the Udaipur District & Sessions Court have been remanded to 14-day judicial custody, Mohammed Riyaz Akhtar and Mohammed Gaus, accused in the gruesome murder of tailor Kanhaiya Lal Teli in Udaipur.
  4. On Thursday the Karnataka High Court held Handcuffing of an accused person can be resorted to only in extreme circumstances. (Suprit Ishwar Divate v State of Karnataka)
    • the order said, An accused who is arrested can normally not be handcuffed. It is only under extreme circumstances that handcuffing of an accused can be resorted to,
    •  the Court held, The nature of offences and the punishment prescribed for the said offence are not relevant for the matter of handcuffing.
    • the order said, The respondent No.1-State is directed to pay a sum of Rs.2 lakhs as compensation to the petitioner within a period of six weeks from the date of receipt of copy of this order.
    • The Court also issued the following directions to govern handcuffing of accused.
      • No person whether he be an accused, under trial prisoner or convict shall be handcuffed unless the reason for the same is recorded in the case dairy and/or the relevant record as to why such a person is required to be handcuffed.
      • If any accused or under trial prisoner is produced before a court after arrest, it shall be the duty of the court to among other things to enquire as to whether the said person had been handcuffed or not. If the person responds in the affirmative, the court would have to ascertain the reasons for such handcuffing and to decide on the validity or otherwise of such handcuffing.
      • The trial Court shall endeavor as far as possible to the avoid physical appearance of the under trial prisoner and permit the under trial prisoner to appear through video conferencing. Only in the event of the court being of the opinion that the physical presence of the accused is required in court, then the court could direct for such physical presence by a reasoned order.
      • As far as possible, permission to handcuff an under trial prisoner would have to be taken prior to the production of the under trial prisoner before the court and obtain an order for handcuffing from the said court. If no such permission is applied for and under trial prisoner were to be handcuffed, the concerned police officer would be taking a risk of such handcuffing being declared illegal and action being taken against them.
      • The contention of the learned High Court Government Pleader (HCGP) that the handcuffing of the petitioner was resorted to since there were not enough police personnel to safeguard and prevent the escape if any is no excuse at all. It is for the State to equip all police stations with adequate and necessary police personnel required for the purpose of discharge of the duties and obligations of the State.
      • The HCGP pointed out that there are several vacancies. If that be so, it is for the State to fill up those vacancies at the earliest. The learned HCGP is directed to bring to the notice of the Director General of Police and the Principal Secretary Home Department about the above observations so as to prepare a plan and complete the recruitment in a time bound manner.
      • The Director General of Police shall also endeavor to make available body cameras to all the police officers entitled to arrest a person, so that the manner of arrest is recorded by such body cameras. The camera shall also be equipped with microphone to record the conversations that take place at that particular point of time. The video recording as also audio recording shall be retained at least for a period of one year from the date of recording. A Standard Operating Procedure shall be prepared by the Director General of Police in this regard and suitable training to be provided to such officers.
  5. The High Court of Jammu & Kashmir and Ladakh has initiated a case based on letter petition seeking intervention in the killing of Kashmiri Pandits and their relocation outside Kashmir valley. (Kashmiri Pandit Sangarsh Samiti v Union Territory of Jammu and Kashmir)
    • the Court said, Mr Gowhar Jan, learned counsel appearing for the petitioner on being put certain questions, seeks time to look into the matter once again.
    • On the one hand, UT/Central administration fail to protect the lives of religious minorities in Kashmir valley and on the other hand does not let them leave Kashmir valley so that they can protect their respective lives for the reasons unknown,
    • The administration is playing with the lives of the religious minorities in Kashmir valley for some vested interests which need to be investigated,
  6. On Thursday AZB & Partners Senior Partner Gautam Saha is leaving the firm to join Talwar Thakore & Associates (TT&A) to head its NCR office. A large part of Saha’s team is moving along with him.
  7. On Tuesday the Bombay High Court came down upon the Goa government for postponing elections to 186 Panchayats in the State, noting that such defiance to comply with Constitutional mandate to hold elections have become a regular feature.  (Sandeep Vazarkar v. State of Goa & Ors)
    • the judgment said, This is the fourth instance in the last two decades when the State Government and the SEC have avoided or failed to comply with the constitutional mandate in Article 243E. The delay and consequent defiance of the constitutional mandate have become a regular feature.
    • the Bench observed, There are no reported instances of any action against those responsible for the defiant breaches of the constitutional mandate. In most instances, the SEC would meekly toe the line of the State Government and plead helplessness.
    • the Bench ruled, The State Government and the SEC must ensure that the elections are held and completed no later than 45 days from today.
    • the Court observed, If the State Government was indeed serious about holding the polls in terms of Article 243-E, then nothing prevented the State Government from issuing the necessary Notification under Rule 10 of the Election Procedure Rules.
  8. On Thursday Telugu poet Varavara Rao, who is an accused in the 2018 Bhima Koregaon violence, has approached the Supreme Court seeking permanent bail on medical grounds.
    • Rao has challenged an April 13 judgment of the Bombay High Court which had rejected his plea for bail.
    • the High Court had said, On going through the record, we have not come across an iota of material to conclude that all the expert Medical Officers have examined the accused have acted under the influence of NIA. …Seriousness and severity of the crime would remain till such time the accused is pronounced not guilty of the crime alleged to have been committed. Role attributed to the accused is serious. He is one of the main conspirators. Therefore, in our opinion, on the medical ground the accused is not entitled to get bail.
  9. On Thursday the Karnataka High Court held that a husband treating his wife as a cash cow and using her money without having any emotional attachment towards her would amount to mental cruelty.  (Leena Monteiro vs Alwyn D’Cruz)
    •  bench of Justices Alok Aradhe and J M Khazi noted that in the present, even though the wife had spent over ₹60 lakh on her husband’s failed business ventures, she wasn’t treated well, causing her emotional and mental agony.
    • the Court said in its judgment, it is evident that the husband has treated her as a cash cow and had a materialistic attitude towards her. He had no emotional ties with her. His attitude in itself has caused mental agony and emotional trauma to her which is sufficient to make out a ground of mental cruelty.
    • the judgment, Therefore, there is no convincing reason not to accept the uncontroverted testimony of the wife. Thus, the ground for dissolution of marriage on the ground of cruelty as provided under Section 10(X) of the Indian Divorce Act, 1869 is made out.
  10. On Wednesday the Calcutta High Court directed the dissolution of the present West Bengal Medical Council, and ordered that fresh elections be conducted by October 2022. (Dr. Kunal Shah v. WBMC)
    • the single-judge said, This court expresses its reservations as to the palpable inaction on the part of the West Medical Council in not holding any elections and/or constituting a new Council since 1988.
    • the Court said, In fact, precious nothing is produced on behalf the respondents, despite repeated queries of court, to show that the interim order passed in the said writ petition was at all extended beyond November, 2018.
  11. On Wednesday Alt News co-founder Mohammed Zubair has moved the Delhi High Court challenging a Patiala House court order remanding him to police custody.
  12. On Wednesday the Patna High Court observed that a girl, who has attained majority, is free to marry and/or reside with anyone of her choice. (Amit Raj v State of Bihar)
    • A Division bench of Justice Ahsanuddin Amanullah and Justice Purnendu Singh made the observation while hearing a husband’s plea claiming that his wife was in the captivity of her parents, who were unhappy with their marriage.
    •  the Court said, It is no more res integra that a girl, if major, is free to marry and/or reside with anyone of her choice…A woman’s choice of selecting her partner is a facet duly recognised by our Constitution as held in Asha Ranjan v State of Bihar.
    • the order said, This Court, besides being bound to follow the law laid down by the Hon’ble Supreme Court, shall not hesitate to protect the fundamental rights of citizens.
  13. On Wednesday the Central government has notified the appointment of Justice Alok Aradhe as acting Chief Justice of the Karnataka High Court, effective from July 3, 2022.
  14. On Wednesday the Delhi High Court passed an ex-parte order restraining 39 ‘rogue websites’ from illegally streaming the matches of the upcoming cricket series between India and England.
  15. The 2022 batch of the National Law University, Jodhpur witnessed 64 students getting placed at domestic as well as international law firms, corporates, chambers, and other unique positions.
    • Khaitan & Co and Trilegal were the leading recruiters with 7 students hired via Pre-Placement Offer (PPO).
    • Cyril Amarchand Mangaldas hired 6 students to the firm, and 4 students were hired by AZB & Partners, Mumbai, IndusLaw and Singh & Associates each.
    • 3 students were hired by Desai & Diwanji, while DSK Legal, L&L Partners Law Offices, Lakshmikumaran & Sridharan, Saraf & Partners, Sarvada Legal and Shardul Amarchand Mangaldas hired 2 students each.
    • AZB & Partners, Bengaluru, Finsec Law Advisors, IC Universal Legal, J Sagar Associates Bengaluru, Resolut Partners, Samvad Partners and Tuli & Co hired 1 student each.
    • 4 students got placed with corporates, 2 with chambers, 1 secured a position for Graduate Impact Leadership Program and 1 was hired by Telecom Regulatory Authority of India (TRAI), while 1 student was offered a position at a non-profit.
    • One student also secured a training contract from Herbert Smith Freehills.
  16. On Wednesday the Bombay High Court dismissed a public interest litigation petition seeking registration of FIR for sedition and public nuisance against former Maharashtra Chief Minister Uddhav Thackeray, Aaditya Thackeray and Rajya Sabha Member of Parliament Sanjay Raut.
  17. On Wednesday Singhania & Partners LLP has announced promotions across different positions in the firm’s Arbitration and Litigation practice. Partner Vikas Goel has now taken charge as Senior Partner at the firm.
  18. On Wednesday MDP & Partners, Advocates & Solicitors, has hired Lavin Hirani as a Partner in its Media, Entertainment and Technology vertical at the firm’s new office located in Bandra West, Mumbai.
  19. On Wednesday the Bombay High Court has held Board of Control for Cricket in India (BCCI) is engaged in commercial activities and earning profits from the same and is, therefore, covered under the Employees State Insurance (ESI) Act.  (BCCI vs Regional Director, ESI Corporation)

Legal Prudent Fraternity