- Assam NRC deadline
not to be extended beyond 31stJuly – The
Supreme Court refused to extend the deadline for the publication of the final
National Register of Citizens for Assam beyond 31 July. The State Co-ordinator
informed the Court that due to the impending general elections, the
finalisation of the list could take until September. The Court expressly
refused extending the date beyond July. However, the persons who would work for
the NRC and those who would work for the election should be discussed in a
meeting of the State Coordinator, the Secretary of the Election Commission and
the Chief Secretary of the State of Assam and report back on the outcome within
seven days. For the hearings for inclusion into the list, the bench was
informed that those involved would be given 15 days notice before hearing would
begin. The hearings are slated to begin on 15 February. [Assam Public Works
v Union of India, Writ Petition (Civil) No. 274 of 2009, date of order:
24.01.2019]
- AK Bassi challenges
transfer order issued by Nageshwar Rao –
CBI DSP Ajay Kumar Bassi challenged the transfer order passed by the interim
CBI chief Nageshwar Rao. Rao sanctioned transfers of officers that were probing
corruption charges against CBI Special Director Rakesh Asthana. Alok Verma,
when he resumed charge set aside these transfer orders, but the transfers
became effective again when he was sacked by the high powered committee. He
alleges that his transfer order was fuelled by mala fide and there was
non-application of mind. He further claims that the elements in the CBI that
did not want him to conduct free and fair elections.[Ajay Kumar Bassi v CBI,
Diary No. 2778 of 2019]
- More than 50%
hearing or seeing impairment condition for judicial officer is legitimate – The
Supreme Court dismissed an appeal by V. Surendra Mohan, in which he was found
ineligible to hold a post of a judicial officer as he was found having 70%
hearing impairment. The High Court had dismissed the writ petition challenging
this decision by the Tamil Nadu Public Service Commission. The Court in the
process observed that the condition that disability, which is suitable for
appointment on the post of Civil Judge should be between 40%-50% does not
violate statutory provisions. The requirement of reservation mandated by
Section 33 of the Persons with Disabilities Act, 1995 was also fulfilled. It
held that the appointing authority has the power to prescribe eligibility
condition depending on the nature of the job. [V. Surendra Mohan v State of
Tamil Nadu, Civil Appeal No. 83 of 2019, date of judgment:22.01.2019]
- Notice issued on
surveillance powers of the State under Indian Telegraph Act –
PUCL has challenged the surveillance power of the Government under Section 5(2)
of the Indian Telegraph Act, Rule 419-A Telegraph Rules and Section 69 of the
Information Technology Act. The petition has been put together with the earlier
petition challenging order passed by the Home Ministry authorising security
agencies to intercept information on computers. PUCL argues that there has been
indiscriminate use of the power and that the judiciary has to get involved in
the process to check the arbitrary use. Further this would be in violation of
the privacy judgment. It also points out that the UK has also introduced
judicial oversight for surveillance orders. The Supreme Court has issued notice
on the petition.
- Notice issued on
petition challenging the 10% economic reservation –
The Supreme Court has issued notice on the petition challenging Constitution
103rd (Amendment) Act, 2019 giving 10% reservation to economically
weaker sections. The bench has refused an interim stay on the application of
the amendment. The petition challenges the amendment claiming that it was
against the basic structure and the Supreme Court’s judgment in Indra
Sahwney. The reservation is also applicable to private unaided
institutions.[Youth for Equality v Union of India, Writ Petition (Civil)
No.73 of 2019, date of order: 25.01.2019]
- Entries in Aadhaar
card cannot be treated as conclusive –
The Allahabad High Court held that the entries in Aadhaar Card indicating
address, date of birth etc., cannot be regarded as conclusive proofs in
criminal cases. The mother of the girl in the case had filed case against a boy
and his family. The girl and the boy relied on their Aadhaar card to show that
they were of marriageable age, but the dates of birth recorded were 01.01.1997
and 01.01.1999. The Court arraigned UIDAI as a respondent and sought its views
as the dates appeared unreliable. The UIDAI responded stating that when a
person’s date of birth is not clear, an approximate date is entered and so they
should not be treated as conclusive. Different High Courts have given different
views on the issue. [Smt. Parvati Kumari & Ors. v. State of U.P., Misc
Bench No. 13419 of 2018, date of order: 09.01.2019]
- EC directed to take
steps to prohibit paid political content on social media –
The Bombay High Court has asked the Election Commission to take steps to
prohibit advertisements or paid political content on social media. It observed
that it had a constitutional obligation to ensure free and fair elections. This
was as a response to a petition seeking banning of posting advertisements
related to politics or elections, or paid political content on social media
platforms such as YouTube, Facebook, and Twitter, 48 hours before the day of
the election. The Election Commission claimed that there could be an amendment
to the Representation of People Act to that effect. The court has directed the
EC to take steps for effective management.
- Directions issued
to drug abuse in Punjab – The Punjab and the
Haryana High Court have issued directions to deal with the issue of drug abuse
in the State. The State has to carry out awareness drives to make people aware of
the ill-effects of drugs on the society, in conjunction with the campaigns on
electronic and print media. The State has to provide latest testing kits to the
Police for carrying out tests under the NDPS Act. The DG Police has been
directed to register cases against the drug mafia ringleaders under the PMLA,
even if it requires attachment of property. Rehabilitation centres are to be
opened and students in schools should be counselled. Plain policemen should be
posted around schools to nab drug peddlers. Minors should not be served drugs
or alcoholic beverages in shops. Narcotic cells and task forces are to be
reorganised with a code of conduct to be followed when the investigations and
raids are carried out. [Baljinder Singh v State of Punjab, Criminal Appeal
D-917-DB-2011, date of order: 22.01.2019]
(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.
