Today’s Legal Updates

Friday, 4th February 2022

Legal Awareness :- CONSTITUTION OF INDIA

PART II CITIZENSHIP

Article -7 Rights of citizenship of certain migrants to Pakistan.

Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India:
Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.

World Cancer Day:-  “closing the care gap” (Theme)

Cancer is one of the world’s leading causes of death, and its burden is growing. In 2021, the world crossed a sobering new threshold – an estimated 20 million people were diagnosed with cancer, and 10 million died. These numbers will continue to rise in the decades ahead. And yet all cancers can be treated, and many can be prevented or cured.

Today’s Legal Updates:-

  1. Today the Haryana government moved the Supreme Court against the Punjab & Haryana High Court’s stay on the State’s domicile reservation law for private sector jobs.
    • Solicitor General Tushar Mehta mentioned the challenge to the stay on the Haryana State Employment of Local Candidates Act, 2020, which grants 75 per cent reservation to persons domiciled in Haryana for private sector jobs.
  2. Today the Bombay High Court took exception to the post the chairperson of Debt Recovery Appellate Tribunal (DRAT) lying vacant and asked the Central government to submit a note by next Thursday indicating the road map for filling up the vacancy.
  3. Today the Andhra Pradesh High Court refused to set aside a government notification on the ground that it did not provide reservation for transgender persons in the police department.  (Matam Gangabhavani v. State of Andhra Pradesh & Ors)
  4. Today Justice DY Chandrachud revealed the E-committee of the Supreme Court of India is currently working on Phase 3 of the E-courts project and will soon bring out a vision document for the same.
    • Justice Chandrachud  said, “We are soon bringing out a vision document of Phase 3 of E-courts project. Now we are on budgeting stage…We need to also create the infrastructure for cloud etc for live streaming. We want to host it ourselves. We aim to host the virtual proceedings recording on our own server as opposed to third party server,”
  5. Today the Central government has decided to postpone the National Eligibility cum Entrance Test post graduate exam 2022 (NEET PG 2022) by six to eight weeks.
    • NEET PG 2022 is scheduled to be held on March 12 and the results will be declared on March 31.
  6. Today the Supreme Court will hear a plea seeking postponement of National Eligibility cum Entrance Test post graduate exam 2022 (NEET PG 2022).
    • the plea said “It is most humbly submitted that many candidates appearing in the counselling for NEET-PG 2021 are yet waiting for seat allocation and that due to the clash in the dates of counselling and the date of NEET-PG 2022 examination, they will not be in a position to appear in the examination, even if they wish to,” 
    • the plea said, “When the candidates made informal enquiries from the colleges regarding the internship extension date for next year and whether the same will affect the registration for NEET-PG 2022, they were given an oral assurance by the colleges that the same will not clash with registration requirement for NEET-PG 2022-23. However, on January 15, 2022, the candidates were shocked to note that they will not be able to register for one (1) year compulsory internship on or before 31st May 2022, as required under Clause 4.1 of the Information Bulletin,” 
    • “Accommodating two batches in one year will be against the spirit of the Clause 12 of the Post Graduate Medical Education Regulations, 2000 (Regulations), which specifies the teacher and student ratio and also provides that maximum number of 5 PG seats for the degree per unit per year,”
  7. Today the Supreme Court granted interim protection from arrest to actress, Sherlyn Chopra in a porn video case in which Raj Kundra and model Poonam Pandey are other accused.
    • Chopra was apprehending arrest in relation to the First Information Report (FIR) registered in February 2021 for offences under Sections 292, 293 (sale of obscene material) of the Indian Penal Code, Sections 67, 67A (transmission of sexually explicit material) of Information Technology Act and provisions of the Indecent Representation of Women (Prohibition) Act.
  8. Today the Supreme Court rejected a plea by two women lawyers seeking 30 percent reservation for women advocates in the Bar Council of India (BCI) and State Bar Councils.  (Pooja Gupta v. Bar Council of India)
    • The plea filed by advocates Pooja Gupta and Julie George two practicing lawyers, hailing from Himachal Pradesh and Kerala respectively, sought quashing of the notification issued by the BCI on January 14 to hold elections to elect office bearers of BCI.
    • “That the election notification dated 14.01.2022 issued by respondent No.1 for holding the elections of office bearers of Bar Council of India is illegal and violative of Article 14 and 19 (1) (g) and Article 21 of the Constitution of India as time and again the election is being held without making any provisions for adequate representation of the women in these elections,”
    • “We are not inclined to entertain this writ petition filed under Article 32 of the Constitution of India challenging the election notification dated 14.01.2022 issued by the respondent No.1 for holding the elections of office bearers to the Bar Council of India. The writ petition is dismissed,” 
    • “In the year 2015 the elections were held in the month of December, though the tenure of the newly elected office bearers started w.e.f. April, 2016. Similarly, the election of office bearers were held in December, 2017 and the tenure of the office bearers started from April, 2018. Similar was the case in the December, 2019. Such practice was adopted without there being any specific rule in this regard,” 
    • “It appears that on 25th December, 2021 the meeting of respondent Bar Council of India was held at Delhi and even after strong protest by 2-3 Hon’ble Members, the majority of members of the Council have amended the rule and have resolved to hold the elections in hybrid/virtual mode. The Council also has enhanced the tenure of the office bearers even after the strong opposition by 3 Hon’ble Members including the Hon’ble Member from the State of Kerala and Karnataka,” 
  9. The Delhi High Court will start hearing a batch of petitions demanding registration of first information reports (FIRs) against several politicians for their role in instigating the Delhi riots from Tuesday.  (Shaikh Mujtaba Farooq and Ors v Union of India and Ors)
  10. The Appointments Committee of the Union Cabinet has approved the appointment of former secretary at the Department of Sports, Ravi Mittal, as the chairperson of the Insolvency and Bankruptcy Board of India (IBBI).
  11. Today the Delhi High Court issued notice on the bail application filed by Olympic wrestler Sushil Kumar in the Chhatrasal Stadium assault and murder case.
    • “It is trite law that inordinate delay in the registration of the FIR casts a cloud of suspicion on the credibility of the entire warp and woof of the prosecution story…The said delay was used to concoct a false and frivolous story. The investigating Agency in order to build a false case against the present petitioner, deliberately withheld the statement of the witnesses/victims namely Amit, Bhagat Singh @ Bhagtu and Ravinder which were recorded for the first time on 06.05.2021, 08.05.2021 and 08.05.2021 respectively,” 
  12. Today the Delhi High Court called for the taking down of the same after noting that a businessman called off negotiations with arms dealer Abhishek Verma owing to offending Twitter and LinkedIn posts against him. (Abhishek Verma & Ors v. Vikki Choudhry & Ors)
  13. Today the Karnataka High Court directed the State of Karnataka and the Karnataka State Safai Karmachari Development Corporation to take steps to implement the Prohibition of Employment as Manual Scavengers & their Rehabilitation Act, 2013, on a “war footing”, and to report compliance with the order within a period of three months.  (Antony v. State of Karnataka)
  14. Today the Central Government informed the Kerala High Court that it has serious concerns regarding the Silverline project of the Kerala Rail Development Corporation Limited (K-Rail) and suggested that land acquisition for the same be halted for the time being.  (State of Kerala represented by the Additional Chief Secretary to the Government & Ors. v Muralikrishnan & Ors.)
  15. Today the Supreme Court reiterated that High Courts do not function under the administrative superintendence of the Supreme Court and the top court is not empowered to give directions affecting the administrative sphere of the High Court.  (Ghanshyam Upadhyay v. High Court of Bombay and Another)
  16. Today Senior Advocate Colin Gonsalves told the Delhi High Court that it would not have to deal with issues of coercion and consent while striking down the marital rape exception, as jurisprudence on those issues will develop over a period of time through judgments by lower courts.  (RIT Foundation v Union of India)
    • “In a matrimonial relationship, there are various shades of coercion and consent. It has been said that there would be complications as to what those shades would be. I am only saying your Lordships don’t have to answer these questions. These shades can never be imagined by Constitutional courts. These multitudes of shades of coercion or consent are beyond the imagination of courts or a lawyer, therefore in which case an act will be called a rape and which case it will not constitute rape is to be developed over time,” 
    • “After this is done, Parliament will be called upon to apply its mind on the issue of definition of coercion and consent. Parliament may also (regrettably) be called upon to decide as to whether, if at all, a lesser punishment ought to be prescribed in the Penal Code for marital rape. They may also decide whether marital rape is compoundable and capable of being settled between the couples. No part of this exercise is to be done in these proceedings.”
    • “The Court dealt with the same Exception and a similar issue. Their observation that they are not creating an offence is applicable to the present proceedings as well. They have said that they are not creating a new offence, but enlarging it, and that observation is totally binding on us.”
  17. Today the Supreme Court reserved its order in a plea filed by Mamata Banerjee’s election agent SK Supiyan seeking anticipatory bail in a murder case being investigated by the Central Bureau of Investigation.  (SK Supiyan @ Suffiyan @ Supisan v. Central Bureau of Investigation)
  18. Yesterday the Karnataka High Court set a two-month deadline for the State government to complete the process of converting school textbooks into an electronic publication book file (.epub) format for the benefit of students who are visual impaired.  (Karnataka State Disabled and Caregivers v. State of Karnataka)
  19. Today the Kerala High Court sought the State government’s views on setting up a toll-free helpline number to assist survivors of sexual assault and domestic violence.
    • the Court said, “Setting up of a toll-free number, so as to enable a victim or any other person to give information about a crime of sexual assault or domestic violence, in which the Legal Services Authority can be involved in some manner, surely must engage the attention of the Government at the appropriate stage,”
    • “The learned Senior Counsel – Smt. VP Seemandini, submitted that since India has its obligations under Article 51(c) of the Constitution of India, with respect to international covenants and treaties, the involvement of the Kerala Stage Legal Services Authority even at the time of receipt of information regarding sexual assault or domestic violence, would become a very effective measure against continued traumatization of the victims,”
  20. Today the Supreme Court held that a consent decree cannot be modified/altered even if there is a mistake in the same unless the mistake is a patent or obvious one.  (Ajanta LLP vs Casio Keisanki Kabushiki Kaisha d/b/a Casio Computer Co. Ltd)
  21. Today A Delhi court has asked media persons to not upload screenshots of legal proceedings taking place virtually in the Delhi Riots case, but stated there was no bar on reporting the entire arguments or contents of any chargesheet and its accompanying material.
  22. Today the Supreme Court allowed the Parsi Community to perform Dokhmenashini i.e. disposal of the dead bodies according to the Parsi religious customs at the Dokhmas (Towers of Silence) for its members who have succumbed to COVID-19.  (Surat Parsi Panchayat Board v. Union of India)
  23. Today the Kerala High Court will pronounce its verdict on the anticipatory bail plea moved by Malayalam cine actor Dileep in the case of alleged conspiracy to kill police officers investigating the 2017 actress sexual assault case against him.  (P Gopalakrishnan alias Dileep & Ors. v State of Kerala & Ors.)
  24. Today the Nagpur Bench of the Bombay High Court held that the twin conditions for bail under Section 45(1) of the Prevention of Money Laundering Act (PMLA) declared unconstitutional by the Supreme Court stood revived in view of the legislative intervention through the PMLA Amendment of 2018.  (Ajay Kumar v. ED)
  25. Today the Nagpur Bench of Bombay High Court allowed a rape victim to terminate her 25-week-old pregnancy, observing that a pregnancy from rape will cause anguish and grave injury to the mental health of the girl.  (X v. State of Maharashtra)
    • Since the pregnancy life exceeded the 24-week-deadline prescribed under the Medial Termination of Pregnancy Act, the opinion of a registered medical practitioner was taken into account by the Court to assess the risk involved to the physical and mental health of the pregnant woman.
    • “as the girl is unmarried, constitution of pregnancy will harm the girl, physically as well as mentally and if the baby is delivered, it will not get any proper care.”
    • Advocate SH Bhatia appearing for the girl, apprised the Court that the petitioner was a victim of multiple acts of rape, which resulted in her pregnancy, which has now reached 25-26 weeks

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