- Supreme Court appoints the third judge in the Tamil Nadu MLA disqualification case – The Supreme Court decided to appoint the third judge in the AIADMK MLA disqualification, wherein the Madras High Court had given a split verdict in June, 2018. A transfer petition was filed in the Apex Court seeking to transfer the entire case there on the basis that fair hearing was not possible in Tamil Nadu, considering the Respondents, included the Chief Minister. The Supreme Court, however, dismissed the transfer petition and castigated the Petitioner for making aspersions on the High Court judges. The Supreme Court felt that the earlier course of action i.e. to appoint a third judge to hear the matter was correct and should be followed. [ Vetrivel v P. Dhanabal, Transfer Petition (Civil) No. 1014 of 2018, date of order: 27.06.2018]
- Interim orders staying inquiry into corruption allegations against Aircel-Maxis ED Officer lifted – The Supreme Court has vacated its earlier interim order protecting the Enforcement Directorate Officer Rajeshwar Singh, who is investigating the 2G Spectrum Scam in Airtel-Maxis case. The petition had been filed by Center for Public Interest Litigation who claimed that the concerned officer and his family had amassed lot of property through foul means. While the matter was going on, two applications were filed, including one by the Government that admitted that certain materials had come to light against Mr. Singh and the Government would like investigate the same. The Court, in the light of this, decided to vacate the order leaving the matters to the government. [Center for Public Interest Litigation v Union of India, Department of Telecommunications, Civil Appeal No. 10660 of 2010, date of order: 27.06.2018]
- Non-appointments in Central Information Commission and State Information Commissions stifling RTI Act– A Public Interest Litigation has been filed in the Supreme Court seeking a direction to the Governments to make the necessary appointments in CIC and SICs, which have been plagued by vacancies over the last many years. The petition argued that “the Government of India and state governments have attempted to stifle the functioning of the RTI Act by failing to do their statutory duty of ensuring appointment of commissioners in the Central Information Commission and State Information Commissions, in a timely manner.” The petition further highlights that even the appointments that are being made are not being made in a transparent manner, in stark violation of directions by the Supreme Court. [Anjali Bhardwaj v Union of India, Writ Petition (Civil) No. 436 of 2018]
- Patna High Court takes sou moto cognizance of confining of daughter by District Judge – In a shocking case of misuse of power by a District Judge and how patriarchal values are entrenched in society, especially in judiciary, a District Judge in Patna had reportedly confined his adult daughter for her alleged relationship with a Supreme Court lawyer from another caste. Her family also did not let her take her judicial services exam, when they discovered the relationship. The news reports also indicated that she was beaten up regularly. The couple asked various authorities for help including the National Commission for women, Bihar State Commission for Women, Bihar DGP and even the Supreme Court, which simply stated that it could not give the custody of the girl. The High Court took sou moto cognizance of the case on the basis of news reports and has ordered CNLU, Patna to make arrangements for her lodging, where she would be free to move around and talk to anyone she pleases. But she would have to stay in Patna for the duration of the case. [Based On The News Item Uploaded On The Website Of News App Bar And Bench v State of Bihar, Civil Writ Jurisdiction Case No.11689 of 2018, date of order: 26.06.2018]
- Cutting of 20000 trees for developing South Delhi colonies stayed – The issue of felling of 20000 trees for the redevelopment of six South Delhi colonies has caused considerable outrage, considering how polluted Delhi is. A writ petition been filed in Delhi High Court challenging the decision to cut 20000 trees, including the Terms of Reference and the Environmental clearances that have been given to the National Buildings Construction Corporation and the Central Public Works Department by the Environment Ministry. No consultation with the people affected was undertaken. The petitioner has also rejected the offer of the authorities to plant the trees elsewhere as, he argues, no amount of landscaping “can compensate for the loss of green cover”. Since the matter is pending, NBCC made a submission that they would not cut any trees till the next date of hearing on 4th July, 2018. [Kaushal Kant Mishra v Union of India, Writ Petition (Civil) No. 6680 of 2018, date of order: 25.06.2018]
- West Bengal Government ordered to pay compensation to victim of human trafficking – The Calcutta High Court has ordered the West Bengal Government to pay compensation to a juvenile trafficking victim irrespective of the State’s arguments that the accused had been identified and the case had begun. The girl had been trafficked to Pune and then brought back to Bengal where she filed under the West Bengal Victim Compensation Scheme. The State Legal Services Authority had denied the claim as the accused had not been identified and the trial had not begun, which were the two conditions under the Act. The Court observed that the aim of the Act was to rehabilitate the victim and the pace of the investigation was not relevant to the Act itself. The Court even went to note that the two mentioned requirements need not be satisfied. Non-payment of compensation would be gross violation of human rights. [Serina Mondal v State of West Bengal, Writ Petition No. 4517 (W) of 2018, date of order: 25.06.2018]
- CBDT directed to accept income tax without Aadhar linkage – The Bombay High Court has directed the Central Board of Direct Taxes to accept income tax returns filed by the petitioners in the present case without their Aadhaar being linked. Similar orders have been passed by the Delhi and Haryana High Court. The Court has though clarified that the relief was only interim and would not have any relief on the final decision. The CBDT, according to the judgment, cannot insist on Aadhaar for filing of return. [Hussain Indorewala v Union of India, Writ Petition No. 1709 of 2018, date of order: 29.06.2018]
- Creation of ‘Environment Fund’ ordered – The Madurai bench of Madras High Court has ordered the creation of an environment fund and costs imposed in various matters would go to the said fund and the same should be used for cleaning of water bodies. While stressing the right to clean environment, the Court directed the Tamil Nadu Legal Services Authority to create a head under ‘Environment Fund’ and listed various uses, for which the money may be used including planting of saplings, fruit bearing trees and further maintaining them. The authorities have also been directed to take steps to market the produce from these leaves. [ Govindasawmy v L. Ganesh Naidu, Civil Revision Petition (NPD) No. 1643 of 2010, date of order: 20.06.2018]
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.
