- Notice issued on MHA notification on snooping
computers
– The Supreme Court issued notice in the petitions against the notification by
the Ministry of Home Affairs’ order, which allows ten agencies to gather
information stored on any computer. The Chief Justice though asked why no
petition had been filed against the enabling section i.e. Section 69, IT Act
which provides that the central government could authorise any agency to
intercept information on any computer if it was required for defence of India,
security of the State, friendly relations with foreign States or public,
investigation of any offence etc. [Internet Freedom Foundation v Union of
India, Writ Petition (Civil) Diary No. 1174 of 2019, date of order:
11.01.2018]
- Zakia Jafri’s plea against clean chit to
Narendra Modi in Gujarat riots to be heard in four weeks – The
Supreme Court has agreed to hear the petition filed by Zakia Jafri, wife of
ex-MP Ehsan Jafri, who was killed in the riots. She has challenged the SIT’s
decision of clearing Narendra Modi’s name in the issue. Teesta Setalvad has
also filed a petition to become a co-petitioner in the case. Jafri’s counsel
argues that the petition pertains to a ‘larger conspiracy’ around the Gujarat
riots. The petition will be listed before the court after four weeks, as per
the request of the petitioner.[Jakia Ahsan Jafri v State of Gujarat,
Special Leave Petition (Criminal) Diary No. 34207 of 2018, date of order:
15.10.2019]
- FIR against Anand Teltumbde not quashed – The
Supreme Court has refused to quash FIR against activist Anand Teltumbde for his
alleged role in the violence in the Bhima Koregaon violence and alleged Maoist
links. However, interim protection for four weeks has been extended, further he
has been allowed to seek bail from the competent court. Bombay High Court had
also earlier refused to quash the FIR. [Anand Teltumbde v State of
Maharashtra, Special Leave Petition (Criminal) No. 59 of 2019, date of
order: 14.01.2019]
- Common Cause petitions against Nageshwar Rao
acting as the CBI chief – NGO Common Cause has petitioned the Supreme
Court against the appointment of Nageshwar Rao as the interim Chief of the CBI.
The petition claims that the appointment was not made on the basis of
recommendations of the high powered selection committee in accordance with the
Delhi Special Police Establishment Act. The Committee had appointed Nageshwar
Rao earlier, by order dated 23 October 2018 which had been quashed by the
Supreme Court. But the government revived the order and appointed him as the
interim chief. The appointment is thus illegal. The petition has also sought
guidelines to ensure transparency in the appointment of the Director of CBI. [Common
Cause v Union of India, Dairy No. 1843 of 2019, date of order: 16.01.2019]
- Sales tax cannot be levied on medicines,
implants, surgical tools etc – The Kerala High Court held that the
medicines, surgical tools and other materials used during surgeries and other
medical procedures in hospitals do not constitute sale of goods and thus are
not amenable to sales tax. The bench was hearing an appeal from a division
bench that had also held that such products did not come in the ambit of ‘sale
of goods’. While the phrase does include such products that form a part of the
service being rendered, but such products have to be for human consumption. Implants
and other consumables cannot be covered under ‘for human consumption’. Further
the goods are an integral part of the service being rendered by the hospital
and need to be looked at as such.
- Court refuses to take sanction in sedition
case against Kanhaiya and others – The Patiala House Court refused to
take cognizance of the charge sheet in the sedition case against Kanhaiya Kumar
and others as the case was filed without the requisite sanctions. The police
told the court that it would acquire the sanctions in 10 days and so time has
been granted until 06 February. The charge sheet indicated that Kainhaiya Kumar
and others were raising seditious slogans in an event on the day of the hanging
of the mastermind behind Parliament attacks in 2001, Afzal Guru. The evidence
comprised video recording showing Kumar and others making the slogans.[State
v Kanhaiya Kumar, Criminal Cases No. 4202 of 2017, date of order:
19.01.2019]
- Economic reservation amendment challenged – Members
of the political party DMK have challenged the Constitutional Amendment (103rd)
Act which provides for 10% reservation for economically weaker sections,
claiming that it violates the basic structure of the society. They further
argue that reservation cannot be simply based on the economic status of a
person and the concept of reservations was simply brought about to reverse
discrimination against SC/ST and OBCs. Particularly in Tamil Nadu, reservation
is upto 69% due to the Tamil Nadu Backward Classes, Schedules Castes and
Scheduled Tribes (Reservation of Seats in Educational Institutions and of
Appointments or Posts in the Services under the State) Act, 1993 and the
introduction of the new amendment will take it to 79%. Further, it claims that
the Lok Sabha members did not get sufficient time to understand the Bill and
have a meaningful debate.[R.S. Bharati v Union of India]
(IPA Service)
Prepared
by Amritananda Chakravorty (amritananda.c@gmail.com) and Mihir Samson (mihirsamson@gmail.com), Delhi based practicing Advocates.
The post Weekly Round-Up of Major Decisions of the Courts in India as also Legal Policy Developments appeared first on Newspack by India Press Agency.
