Weekend Legal Updates 

Saturday & Sunday, 30th & 31st July 2022



CHAPTER- I THE EXECUTIVE (Conduct of Government Business)

Article – 77 Conduct of business of the Government of India.

  1. All executive action of the Government of India shall be expressed to be taken in the name of the President.
  2. Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President.
  3. The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business

Weekend Legal Updates :-

  1. On Sunday the Chief Justice of India (CJI) NV Ramana attending the 5th Convocation ceremony at the Hidayatullah National Law University (HNLU), Raipur, and he said the Constitution of India is meant for every citizen and every individual must be made aware of their rights and duties.
    • The sad reality is that the supreme document which defines the aspirations of modern independent India is confined to the knowledge of law students, legal practitioners, and a very small segment of the Indian population.
    • You have been trained to weigh the equities. In the world of rising inequities, we need your help in bridging the gaps. You must be active members of your communities and be the voice for the voiceless. You must be the beacon of social justice. I would also like to take this opportunity to request all of you to use the skills you have learnt in the University to further the goals of justice. The most vulnerable are often the victims of human rights violations, either by the State or by anti-social elements. As young advocates, you are best placed to strongly oppose the same through legal action.
    • Now that you are entering the profession, I urge you all to take up as many pro-bono cases as possible. In his autobiography, Justice Hidayatullah states that as a young barrister, getting clients was difficult and slow. For every case that he got paid, he was taking up three free cases. His practice was built slowly but steadily. Through his hard work, he established a credible reputation in the bar and the society. There cannot be any better example to emulate in your profession.
    • Do not think in traditional ways. Start thinking out of box. Knowledge and information are the biggest assets one can possess.
    • He also had a word of advice for them: A lawyer must be capable of dealing with a simple civil suit as well as disputes relating to intellectual property right, from issues of constitutional importance to IT related crimes. Your clients may expect you to be aware about different facets of business, society or even sports. A lawyer needs to be an allrounder, a leader and a changemaker.
  2. On Sunday Supreme Court judge Justice DY Chandrachud addressing the valedictory function of the All India District Legal Services Authorities in New Delhi, he said upon batted for use of technology by judicial institutions and judges.
    • We should shed inhibitions in the use of technology. Judicial institutions has to be harbingers of change.
    • Most of the beneficiaries are illiterates. So two end of spectrum is might of the state and the beneficiaries. Technology enables us to do something which wings of State do not have us do – that is talk to each other.
    • Justice Chandrachud began his speech by stating that he was invited since he is a “self-confessed geek of technology”.
    • Most of the beneficiaries are illiterates. So two end of spectrum is might of the state and the beneficiaries. Technology enables us to do something which wings of State do not have us do – that is talk to each other.
    • Core of technology in Indian judicial system is case information system. Core is the CIS platform. We are also in the process of alert mechanism for judges to make them aware of the prison term being suffered by undertrials.
    • There is a deep divide in legal education in the country. There is one end where there are national law schools and the other end is law colleges which barely exist. But one common thread is awareness among the students of what exists on ground. We have to make use of the potent 4th and 5th year law students before they are desanitised by the system. These students will become the torchbearer of our future.
  3. On Sunday the Central Bureau of Investigation (CB) has booked Delhi judge Rachna Tiwari Lakhanpal and her husband Alok Lakhanpal in a case of amassing disproportionate assets.
    • the FIR said, It is relevant to mention that Ms Rachna Tiwari Lakhanpal has not intimated to the department about the unaccounted cash of ₹9,40,990 which was recovered from the house search and also concealed about the actual value of house no. R-546, New Rajinder Nagar, New Delhi amounting to ₹1,60,50,000. Even Alok Lakhanpal was actively involved for acquisition of various assets in his name and in the joint name of his relatives. Thus, he is also liable for abetment to the offence under Section 109 IPC and Rachna Tiwari Lakhanpal, Sr. Civil Judge (under suspension) is liable for the offence of acquiring disproportionate assets under Section 13(1)(e) read with Section 13(2) of the PC Act 1988.
  4. On Sunday Supreme Court judge Justice UU Lalit said that the aim of the Legal Aid Defence Counsel System pioneered by the National Legal Services Authority and implemented by various State and District Legal Services Authorities across the country is to ensure that free legal aid reaches each and every disadvantaged person in the country.
    • If we have this legal aid movement taken to the logical end, then more people can access legal aid. When we started the legal aid defence counsel system, we said involve youngsters and law students. Today we have the system till Taluka and the legal aid defence counsel system will reach each and every district. Our goal is to reach all the seventy percent who come from the disadvantaged section of the society.
    • We are by nature judicial officers. We are not dispensers of legal aid, we are facilitators of legal aid. So we can make them aware of their right. In a law like NDPS or POCSO, it says bail should not be easily granted. So as judicial officers your role is different but as legal aid officers you have to ensure that the accused is not unrepresented before the court of law or file applications in time.
    • You District judges work at the ground level and you know the real issues and where legal aid is needed. In a span of 42 days we reached about 19.5 lakh villages for legal aid. We could reach every nook and corner of the country. This body before us has a tremendous amount of strength and power.
  5. Last Week the Supreme Court imposed costs of ₹50,000 on States that had failed to file their replies with regard to insuring vehicles owned or used by State-run undertakings.  (Bajaj Allianz General Insurance Company vs Union of India and ors)
    • Such of the States who have filed it after the cut off date but before today will pay a cost of ₹10,000 each while such of the States which have not complied will pay a cost of ₹50,000 each, to be recovered from the officers responsible for the delay along with compliance of recovery from that officer. The costs be deposited with the Mediation and Conciliation Project Committee within four weeks. The next step would be only to call the Chief Secretaries for noncompliance if it is not so complied with.
    • It is stated that in terms of the direction (v) on November 16, 2021, this Court had directed to take suitable steps to amend and digitize the claim application forms as per the format reproduced in the report filed by learned ASG on 21.10.2021. Form XIII of the Central Motor Vehicles Rules, 1989 is thus directed to be uploaded digitally on the platform.
  6. On Saturday the Delhi High Court has given Delhi government eight weeks to take a decision on the recommendations of the Delhi Commission for Protection of Child Rights (DCPCR) to ban sex-selective surgeries on intersex infants and children except in life-threatening situations.  (Srishti Madurai Educational Research Foundation v Govt of NCT of Delhi and Ors)
    • the Court noted in its order, Learned counsel appearing for Government of NCT of Delhi (GNCTD) makes a very fair submission that GNCTD may be granted some time to take appropriate decision on the recommendations made by Delhi Commission for Protection of Child Rights (DCPCR). He, therefore, prays for and is granted eight weeks’ time to take appropriate decision on the said recommendations made by DCPCR.
  7. On Saturday A Gujarat court refused to grant bail to activist Teesta Setalvad and former DGP of Gujarat RB Sreekumar, who were arrested by a Special Investigation Team (SIT) after the Supreme Court judgment which had urged action against persons who had made false allegations against State of Gujarat regarding its handling of the 2002 communal riots.  (Teesta Atul Setalvad and Another v. State of Gujarat)
    • the order said, It apparently appears that Zakia Jafri had been used as a tool by both the applicants-accused and others with a view to accusations levelled against the then C.M and others about incident was of larger conspiracy and with a view to that they have prepared false number of affidavits and documents, in-spite of the things, which were not in real with a view to defame the then C.M. as well as bureaucrat and police personals as well as to defame country in the world as well as to get the monetary benefit from the other countries.
    • the Court said, If the applicants-accused are enlarged on bail then it would impliedly encourage to the wrong does that in-spite of doing such type of accusations against the then C.M. and others, the Court has lightly enlarged the accused on bail. Therefore, looking to the above facts and circumstance, even though the applicant is being a lady and another is retired IPS officer and aged person, they are not required to be enlarged on bail.
    • the judgment had said, At the end of the day, it appears to us that a coalesced effort of the disgruntled officials of the State of Gujarat along with others was to create sensation by making revelations which were false to their own knowledge. The falsity of their claims had been fully exposed by the SIT after a thorough investigation.
  8. The Delhi High Court has asked the Delhi government to submit details of all relevant data of family court judges, matters pending before them and status of infrastructure of such courts in the national capital.  (Ishan Taneja vs. Govt. of NCT of Delhi & Ors.)
    • the Court said, The present plea seeks establishment of proper Family Court rules and places reliance on Rules for the Family Courts in the State of Maharashtra. The Delhi government is directed to file its reply and counter-affidavit within four weeks, with relevant data of Family Court judges, matters pending before them and status of infrastructure.
    • the plea said, Even at the preliminary stage of appearance of parties and for completion of pleadings long adjournments of about nine months are being given primarily on account of huge pendency.
    • the plea highlighted, That the right of petitioners to access to justice is most ordinarily denied on account of long adjournments and delays before the family Courts. The delay is attributable to various reasons. However, the family court dealing with matrimonial disputes is required to utilize the judicial time for effective dispensation of justice and such delays are required to be curbed in the interest of advancement of justice.
  9. On Saturday the Nedumkanam Magistrate Court, Kerala pulled up the State Police for not registering a case based on complaint alleging illegal mining and theft of granite worth crores of rupees by engaged for widening of National Highways (NH) in Kerala.
    • the plea said, Instead the said company took this as a chance to steal mineral worth crores of rupees from the government land and make commercial use of it, illegally transport the same, sell it and thereby make huge undue financial benefit. The company and its directors, staffs were actively involved in this illegal extraction of mineral from the said land. The Village Officer, Tahsildar, District Geologist and PWD officials were well aware of this offence of theft of minerals being committed from the government Puramboke property.
  10. The National Testing Agency (NTA) has told the Delhi High Court that one of the questions in the subject Urdu of UGC-NET Examination of December 2020-June 2021 (merged cycles) did not have any correct answers.
    • the court ordered, The above directions be carried out expeditiously.
  11. The Supreme Court granted bail to Biju Janata Dal (BJD) Member of Legislative Assembly (MLA) Prasant Kumar Jagdev in a road rage case subject to the conditions that he shall not visit his constituency for a year without the District Collector’s permission, or conduct any public rally or political congregation during the said period. (Prasant Kumar Jagdev v. State of Odisha)
    • the bail conditions stipulated, He shall not visit the Chilika Constituency for a period of one year without taking permission from the Collector of the District… Even within this period of one year, he shall not address any public rally or political congregation of not more than five persons.
  12. On Friday A special court in Mumbai granted Surendra Gadling — one of the accused in the Bhima Koregaon case — time to reply to the application filed by the Enforcement Directorate (ED) seeking to record his statement in connection with a money laundering case registered by the agency last year in which he is allegedly a prime suspect.
  13. The Allahabad High Court rejected the bail plea of a person accused of raping a woman and making a video of the incident which later went viral. (Ayyub Khan @ Guddu v. State of UP)
    • the Court said, It is a sad reflection on the attitude of indifference of the society towards the violation of human dignity of the victims of sex crimes.
    • the order said, Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence, role assigned to appellant, severity of punishment, I do not find any good ground to release the appellant on bail.
  14. On Wednesday the Delhi High Court held, while passing an interim order directing Mint newspaper to take down a defamatory article against popular YouTuber Gaurav Taneja (Flying Beast) and his wife Ritu Rathee, Piercing the ears of a girl child cannot be termed as child abuse.
    • the Court said, Piercing the ears of a girl child cannot be termed as child abuse. Allegations of child abuse are serious allegations and cannot be made without due care and verification. It cannot be based on the opinions of the author.
    • the Court said, Undoubtedly, a person has a right to criticize the views expressed by an individual and such criticism would be covered under right to free speech. However, vicious attacks cannot be made on the character of a person under the guise of journalistic freedom and free speech. In my prima facie view, there is nothing in the aforesaid videos to substantiate allegations of child abuse.
    • The article in Mint also highlighted a video put out by Taneja and it said that “he is filming Ritu piercing their elder daughter’s ears and when the daughter asks him not to “vlog” it, he says, “why not!” The 10-minute video then goes on to show the daughter howling and writhing in pain while the camera zooms in on her.”
    • the Court noted, this Court finds that the plaintiffs have made a prima facie case in their favour and in case no ad interim injunction is granted to the plaintiffs, irreparable harm and injury would continue to be caused to the plaintiffs. So long as the impugned articles and the impugned tweets continue to be in circulation and visible on social media, they are likely to cause damage to the reputation and career of the plaintiffs. Balance of convenience lies in favour of the plaintiffs.
  15. On Friday the Delhi High Court observed as it dismissed a plea challenging the criteria of minimum marks of 50th percentile for NEET-PG admissions, Lowering the standards of medical education has the potential of wreaking havoc on society at large due to the risk the practice of medicine entails.
  16. Last Week a criminal case initiated against a homeopathic doctor for practicing allopathy medicine was quashed by the Madras High Court citing a directive of the State government allowing practitioners of Ayurveda, Siddha and Unani registered with the Tamil Nadu Board of Indian Medicine to practice allopathy. (Dr R Senthilkumar v The State)
  17. The Kerala High Court directed the Registrar (Judicial) to not accept any statements filed by lawyers merely on the basis of instructions received from their clients, as the Code of Civil Procedure and the High Court Rules state that affidavits have to be on the basis on information traced from official record.  (Bilal S & Anr. v Regional Passport Officer & Anr.)
  18. On Saturday Prime Minister Narendra Modi (PM Narendra Modi) highlighted the plight of undertrial prisoners languishing in jails and called for legal aid to such prisoners to help secure their release.
    • he said, There are so many undertrials who are left in jails without any legal help and remedy. I urge the District Judges to use their position in the District Level Undertrial Review Committee and speed up their release from the jails. I hope it will be a success by taking help of legal aid.
    • he said, Article 39A of the Constitution gives importance to access to justice. This trust of law and justice ensures citizens that their rights are being safeguarded by the courts.
    • he said, We have worked relentlessly to improve the judicial infrastructure over the last 8 years and about 9,000 crores have been spent to bolster judicial infrastructure.
    • the Prime Minister said, E-court mission has led to virtual courts being set up. There is also video conferencing facility in courts. I am told 1 crore cases have been heard digitally in district courts and over 60 lakh cases were heard virtually in High Court and Supreme Court.
  19. On Saturday the Chief Justice of India (CJI) NV Ramana said Judiciary should not camouflage or hide its problems but should flag and discuss the issues which hinder its functioning so that it can serve people better.
  20. On Friday the Supreme Court said All disputes relating to places of worship cannot be brought before the Supreme Court by invoking Place of Worship (Special Provisions) Act, 1991 and freedom of religion under Article 25. (Sharad Zaveri vs Union of India)
  21. On Friday the Supreme Court held that criminal proceedings in serious offences like abetment of suicide cannot be quashed by High Courts merely based on a financial settlement between the accused and the relatives of the deceased person.  (Daxaben vs State of Gujarat and ors)

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