SCOI Reports

In the ongoing hearing of the challenges to imposition of President’s rule Arunachal Pradesh, the SC constitution bench recalled its notice issued to the state Governor, Jyoti Prasad Rajkhowa, when the AG, Mukul Rohatgi, pointed out that the Governor enjoys immunity under the Constitution.

The social justice bench comprising justices Madan B Lokur and UU Lalit, set up by the previous chief justice of India, justice HL Dattu on 12 December 2014 has now officially ceased, and the cases which were part-heard before that bench, have been distributed to other benches.

Today’s judgment in Sachchidanand Gupta “Sachchey” vs State of UP through Chief Secretary and Others showed that the chief justice of the Allahabad high court had also opposed Justice Sanjay Misra’s name, which was proposed by the chief minister.

The Supreme Court’s two constitution benches in adjacent court rooms of 1 and 3 heard two governors simultaneously at 2pm today: one a former governor, and an alleged victim of political vendetta, and the other a sitting governor, who allegedly conspired with the Centre to topple a duly-elected government by recommending President’s rule.

The case Nabam Rebia vs Registrar General, Gauhati High Court, will be heard at 2pm tomorrow (27 January) before the five-judge Constitution bench in Court No 3.

Court No 7 of Supreme Court was witness to a suspenseful hearing on 20 January as counsel after counsel told the Bench comprising justices Ranjan Gogoi and Prafulla C Pant that it had been misled by the Uttar Pradesh Government that Justice Virendra Singh, a former judge of the Allahabad high court, whom it appointed as the Lokayukta of Uttar Pradesh under Article 142 of the Constitution, which gives the Court extraordinary powers to do complete justice in a case, was in the list of names being considered by the selection panel. 

After having lost two rounds in the Supreme Court, first on 12 January and again on on 13 January the Jallikattu fans in Tamil Nadu appear to be a determined lot, keeping all their hopes in the Apex Court once again.

Taking serious note of threats to the president of the petitionerassociation, the Indian Young Lawyers Association, whose PIL the SupremeCourt is currently hearing, the three Judge bench led by Justice DipakMisra on 18 January made it clear that access to justice can’t be dented byanybody.

History was made today, with three Constitution benches sitting at the same time in the Supreme Court at 2 pm.

In the ongoing Extra Judicial Execution of Victim Families Association vs Union of India, being heard by justices Madan B Lokur and UU Lalit, the Attorney General had alleged that an article published in The People’s Chronicle (English) and Poknapham (Manipuri) carried certain “highly objectionable statements” by Babloo Loitongbam, who has been reporting the case.

A three-judge bench of the Supreme Court headed by Justice Anil R Dave, and comprising justices Kurian Joseph and Amitava Roy, heard Massimiliano Latorre, one of the accused in the Italian marines case, who has been permitted by the Supreme Court to be in Italy in view of his health condition, and gave him further extension of time to return to India.

The Supreme Court bench comprising the Chief Justice TS Thakur, and Justices AK Sikri and R Banumathi, is set to hear as many as five writ petitions challenging the validity of the notification issued by the Union Ministry of Environment, Forests and Climate Change on 7 January permitting the holding of jallikattu and other related festivals involving the performance of bulls in religious festivals, despite the Supreme Court’s 2014 judgment holding it illegal.

Two very important cases related to the power to appoint teachers and rules on when special leave petitions (SLPs) should be entertained, are scheduled to be heard by two Supreme Court’s constitution benches today under CJI TS Thakur’s new constitution bench schedules.

In a notification issued on 7 January, the Ministry of Environment, Forests and Climate Change, has suggested that bulls may continue to be exhibited or trained as a performing animal, at events such as Jallikattu in Tamil Nadu and bullock cart races in Maharashtra, Karnataka, Punjab, Haryana, Kerala and Gujarat in the manner by the customs of any community or practiced traditionally under the customs or as a part of culture, in any part of the country.

A Division Bench of the Delhi high court comprising the chief justice G Rohini, and Justice Jayant Nath today set aside the order of the Single Judge of the High Court directing the Supreme Court registry to comply with the Central Information Commission’s directive to maintain records regarding the judgments pending, after being reserved by the benches.

In Sri Aurobindo Ashram Trust and Ors vs R Ramanathan and Ors, the Supreme Court bench comprising justices Madan B Lokur and SA Bobde, refused to intervene in the dispute between the Aurobindo Ashram Trust and the respondents over the former’s failure to take steps to seek confiscation of copies of the book, “The Lives of Sri Aurobindo” written by Peter Heehs.

Justices Anil R Dave, Kurian Joseph and Adarsh Kumar Goel will hear in their chambers at 1.45 pm today the review petitions filed by the CBI and the Association of Victims of Uphaar Tragedy (AVUT) against the judgment delivered by them on 23 September 2015 substituting the sentences of the convicts, Sushil Ansal and Gopal Ansal with a fine of Rs 30 crore to be paid by each.

While Sushil Ansal got relief on the ground of old age, Gopal Ansal’s sentence was substituted on the ground of parity.

When the CBI’s counsel, Harish Salve and AVUT’s counsel, KTS Tulsi expressed the grievance that they were not heard before the bench decided to substitute the sentences of the convicts, Justice Dave had advised Salve to file a review petition, raising the same grievance.

The 23 September judgment had led to considerable outrage.

The AVUT, in its review petition filed separately, has sought the hearing of the petition in open court. If the Judges agree to do so, it will be listed separately for hearing in open court, for hearing arguments from both the sides. If the judges do not see merit in the plea for open court hearing, the review petition may be dismissed in chambers without any reasons being given.

In view of the dissatisfaction with the 23 September 2015 ruling, observers expect the bench to agree to open court hearing of the review petitions.

Legally India will update after the chamber hearing.

The Supreme Court bench comprising Justice Vikramajit Sen and Justice Shiva Kirti Singh today upheld the Kerala Government’s liquor policy which was challenged as being discriminatory. 

Every Chief Justice of India (CJI), soon after taking over, would first try to get a grip over the bench composition, which was determined according to the requirements of his predecessor.

Justice Vikramajit Sen of the Supreme Court, who is retiring on 30 December, has told reporters that he would pronounce the verdict in the Kerala Bar licence case on or before the last day of his tenure.