Legal Updates for the Month of April

1.       The National Green Tribunal has reportedly widened the ambit of a petition against high air pollution in Delhi, including all other States affected by pollution. The bench headed by NGT Chairperson Justice Swatanter Kumar has hence issued notices to Chief Secretaries of all States and Union Territories, demanding their status on prevention of air pollution with reference to vehicular pollution. The State Governments have been directed to formulate ideas to counter air pollution in their respective States.
2.       Much relief has come to Delhi Chief Minister Arvind Kejriwal after two defamation cases have been put on hold by the Supreme Court on 17 April. The apex court stayed proceedings in the two cases after Mr Kejriwal challenged the validity of a law (Sections 499 and 500 of the IPC) that allows criminal proceedings in a defamation case. The court has issued a notice to the Centre and will take up the case in July.
3.       Central Bureau of Investigation Superintendent of Police Vivek Priyadarshini shall head a new investigating team to further probe the IPL 6 spot fixing scandal as has been ordered by the Supreme Court while allowing the plea for his appointment on April 17.
4.       The Supreme Court demanded the CBI to inform it of the status of its probe into the alleged irregularities in purchase or hiring of 111 aircraft for Air India worth Rs.70,000 crores to it during the tenure of Praful Patel as the civil aviation minister.
5.       The Supreme Court (SC) heard a petition in the nature of Public Interest Litigation (PIL) filed by a group of farmer bodies against the re-promulgation of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Amendment Ordinance (Land Ordinance) on the ground that it was ultra vires the Constitution.
6.       The Delhi High Court has been urged by the Coal Ministry to initiate suo motu contempt proceedings against industrialist Naveen Jindal and his former employee Rajesh Sharma, who was reportedly, caught recording Court proceedings and recording the confidential files being shown to the Delhi High Court by the lawyers of the Coal Ministry in an ongoing case.
7.       The Delhi High Court today sought reply from BBC and the British director of the controversial documentary on December 16 gang rape case on a plea seeking their prosecution for interviewing one of the convicts who made derogatory statement against women.
8.       The process of selection and appointment of judges should conform to the highest of standards, President Pranab Mukherjee said, describing an independent judiciary as the “cornerstone” of democracy. “The process of selection and appointment of judges should conform to the highest of standards. We must make haste in this regard but without compromising on quality,” he said addressing a gathering after inaugurating the centenary celebrations of the Patna High Court.
9.       A lawyers’ body moves SC against any moves for appointing former Chief Justice of India Justice P Sathasivam for the post of Chairman in National Human Rights Commission. The petition filed by All India Bar Association (AIBA), also seeking direction to the Centre to frame a transparent selection procedure and take consent from other available former CJIs who are below the age of 70 years, was mentioned before a bench comprising Chief Justice H L Dattu and Justice Arun Mishra.
10.   The Supreme Court granted two more weeks to the Centre for filing “comprehensive” environment and ecological impact report of 18, out of total 24 hydroelectric power projects, to be set up on Alaknanda and Bhagirathi river basins in Uttarakhand.

1.        “One or two instances of physical assault, even if found to be true, cannot make for a case of cruelty for the purpose of satisfying unlawful demand”, a Delhi court has observed, while discharging the in-laws of a woman in a dowry harassment case.
 
2.       Under attack over Land Ordinance, Prime Minister Narendra Modi said the government was instituting a “rational framework” for acquisition of land without causing distress to farmers and other landowners.
 
3.       The Lok Adalats have disposed off 3509 cases in Jammu and Kashmir on a single day. The cases include 3031 labour and 478 family matters, adding, an amount of Rs. 57,17,080 was settled in labour and Rs 1,15,675 in family matters.
 
4.       The Rajasthan High Court rejected actor Salman Khan’s plea against a trial court order allowing four more witnesses in the Arms Act case in connection with the 1998 blackbuck poaching incident.
 
5.       To prevent frivolous complaint against judges, the Bombay High Court has made it mandatory that a complaint on an affidavit must be submitted along with “verifiable material” substantiating the allegation.
 
6.       Satyam scam kingpin B Ramalinga Raju and his brother B Rama Raju have been sentenced to seven years rigorous imprisonment and fined a whopping Rs 5.5 crore after they were convicted by a special court in the Rs 7000-crore accounting fraud that shook the corporate world six years ago.
 
7.       Justice Navin Sinha took oath as the new Chief Justice of the Chhattisgarh High Court. Governor Balram Das Tandon administered him the oath of office at a function at Raj Bhawan.
 
8.       The Karnataka High Court disposed of a petition seeking restrictions on publication of any interim report or making any public statement pertaining to investigation being conducted by CID into the mysterious death of an upright IAS officer.
 
9.       Delhi has been asked to ban all diesel vehicles older than 10 years by the National Green Tribunal, which said: “Pollution levels are at alarming levels and residents of Delhi deserve better.”The tribunal also said such vehicles coming from other states should also not be allowed to enter Delhi. An angry five-judge bench of the tribunal court rapped the governments of Delhi, Uttar Pradesh and Haryana for failing to reduce pollution levels and ordered them to check vehicles at entry points for pollution levels, weight and year of registration.
 
10.   The Supreme Court asked the Centre to respond to a plea of BJP leader Subramanian Swamy challenging constitutional validity of two penal provisions relating to the offence of defamation. A bench of Supreme Court also asked senior advocates K Parasaran and T R Andhyarujina to assist it as amicus curiae in the case.

1.      The Gujarat Assembly has passed the controversial Gujarat Control of Terrorism and Organized Crime (GCTOC) Bill, 2015. The provisions of this anti-terror legislation had previously been rejected by the President twice. This Bill is a reworked version of the Gujarat Control of Organized Crime Bill (GUJCOC), 2003.
2.      With India and some other nations threatening criminal proceedings over suspected black money in Swiss banks, the European nation has stepped up its supervisory and enforcement efforts to keep away the illicit funds from its banking system.
3.      Anguished over delay of more than 19 years in a case of property dispute between a man and his bed-ridden mother, a Delhi court has appointed a local commissioner for cross-examination of the aged woman saying “maneuvering tactics” of the son cannot be permitted.
4.      Government has said it has the powers under the Constitution to include Jats in the central list of Other Backward Classes (OBC) and sought a review of Supreme Court’s decision to scrap quota for the community. In its review petition, the NDA government, which strongly supported the erstwhile UPA regime on the issue, also submitted that the apex court “committed an error” in holding that the National Commission for Backward Classes’ (NCBC) opinion would be binding on it.
5.      Advising judiciary to avoid ‘perception-driven’ verdicts, Prime Minister Narendra Modi said it should have an internal mechanism of “self-assessment” as judges are considered “divine” and seldom face any criticism unlike the political class.
6.      It’s court’s duty to provide lawyer to an accused if he is not being represented by anyone during the trial, a Delhi court has said while setting aside the six months jail term awarded to a youth for theft.
7.      Two complaints were filed against Union Minister Giriraj Singh by Congress workers separately at two places for his racist barb against Congress president Sonia Gandhi. One complaint was filed at Muzaffarpur while the other was submitted at Darbhanga.
8.      A complaint case was filed against Delhi Chief Minister Arvind Kejriwal for removing Aam Admi Party (AAP) leaders Prashant Bhusan and Yogendra Yadav from the party’s national executive committee in a ‘humiliating’ manner.
9.      The Supreme Court dismissed a petition by a group of Jat students seeking benefits of reservation under the Other Backward Class (OBC) category in the ongoing process of admission in post-graduate medical and dental courses.
10.  Misconduct of an employee, unless grave, cannot be a ground for a State to slash post-retirement pensionary benefits, the Delhi High Court has held. For a retired government servant a cut in pension can be ordered if the misconduct of which he is found guilty is grave.
1.      The Supreme Court declined to entertain a plea seeking to declare Bhagavad Gita as national text saying the subject falls outside its domain. “How can we say? Every citizen has a mindset which is a sacred book. How can we give a declaration,” a Bench comprising Chief Justice H L Dattu and Justices M Y Eqbal and Arun Mishra said. The PIL was filed by advocate M K Balakrishnan.
2.      The Central Government is ready for a CBI inquiry into the death of Karnataka IAS officer D.K.Ravi if the state government wants.  Making an intervention during zero hour in the Lok Sabha, Rajnath Singh said a delegation of Parliament members met him and demanded that a CBI inquiry be initiated into the incident.
3.      The Supreme Court extended interim bail granted to advocate-activist Teesta Setalvad and her husband Javed Anand, while referring to the larger Bench the questions of personal liberty and custodial interrogation. An Apex Court Bench headed by Justice Dipak Misra referred to the larger Bench the issue whether non-cooperation in an investigation would entitle Gujarat Police to press for custodial interrogation of Teesta Setalvad.
4.      The Delhi High Court dismissed a PIL seeking cancellation of Aam Aadmi Party’s registration with the Election Commission on the ground that it used forged documents for the purpose. The Division Bench of Chief Justice G Rohini and Justice RS Endlaw rejected the plea that also sought an inquiry into the alleged irregularities during registration of the AAP by the poll panel.
5.      Employers are liable to pay Rs.50,000 as fine if they fail to adhere to anti-sexual harassment guidelines at the work place. The Supreme Court has laid down formal guidelines for dealing with sexual harassment at the work place. The guidelines state that all work places should constitute a complaint committee to tackle complaints of sexual harassment.
6.      The Delhi High Court ordered the civil aviation regulator to de-register six aircraft of SpiceJet for non-payment of dues to some of its lessors — an issue which the budget carrier said is being resolved.  Justice Rajiv Shakdher also asked the Directorate General for Civil Aviation to decide in two weeks’ time a plea by two Irish firms to export the planes.
7.      Terming the Collegium System of judges appointing judges as “illegal”, Government contended in the Supreme Court that “everything is not well” with it. It also said that petitions challenging the validity of laws to replace the two-decade-old collegium system were “premature” as they have not come into force in the absence of notification.
8.      The Sessions Court in Mumbai, which is conducting the trial in the hit-and-run case involving actor Salman Khan, took on record replies submitted by the Regional Transport Offices and the Excise Department stating that he did not possess a driving licence or a liquor permit at the time of the 2002 mishap. Bandra police, who investigated the case, had written to RTOs in suburban Andheri and Wadala and the Excise Department seeking information as to whether the actor held a driving licence and a liquor permit.
9.      Witty and humorous cartoons and caricatures against government do not attract sedition charges, the Bombay High Court ruled while observing that such charges cannot be slapped for merely criticizing those in power unless such writing or saying incites violence or causes public disorder. “Citizens have the right to say or write anything criticizing the government and its measures as far as it does not incite violence or create problems in law and order,” a Division Bench of Chief Justice Mohit Shah and Justice G S Kulkarni said.
10.   In a landmark verdict, the Supreme Court ruled that caste should not be the sole basis to decide backwardness of a community and quashed the Centre’s decision to grant OBC reservation to Jat community. The SC said that caste, though a prominent factor, can’t be the sole factor to decide backwardness.



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