Legal News for Judiciary (January 19-25, 2020).

  • Sibal: States can’t say won’t implement CAA, it is not possible, unconstitutional
    • Senior Congress leader, Kapil Sibal said that it would be “unconstitutional” for state governments to say they will not implement it.
    • Sibal was at the Kerala Literature Festival in Kozhikode.
  • Citizenship isn’t just about rights, but also about duties: CJI Bobde
    • Chief Justice of India S.A. Bobde said that citizenship was not only about people’s rights, but also about their duties towards the society.
    • He was speaking at the 107th convocation of the Rashtrasant Tukadoji Maharaj Nagpur University (RTMNU).
  • Prof held for ‘Maoist links’, HC questions manner of arrest
    • Hyderabad’s Osmania University Associate Professor Chintakindi Kasim was arrested by Telangana police.
    • He was arrested in connection with a case related to alleged Maoist links.
    • The case was filed four years ago under the Unlawful Activities (Prevention) Act (UAPA).
    • The Telangana High Court came down heavily on the police over the manner of the arrest.
  • Original diary missing, court defers verdict
    • A special court in Kanpur Dehat was supposed to pronounce the verdict on Behmai massacre case.
    • In the massacre, 20 people were killed allegedly by Phoolan Devi’s dacoit gang in 1981.
    • The court postponed the matter and directed the court staff to produce original documents related to case before it.
    • The government counsel denied that the case diary was missing.
    • He said that the court office staff will get the case diary and would produce it before the court on next hearing.
  • SC to only hear Musharraf plea ‘after surrender’
    • Pakistan’s Supreme Court has returned the petition of Pervez Musharraf.
    • The petition was filed against his conviction and sentencing by a special tribunal.
    • The Supreme Court of Pakistan made the objection that he is not allowed to appeal without surrendering to the law.
  • Facebook must disclose app records for Massachusetts probe, judge rules
    • Facebook Inc has been ordered by a Massachusetts judge to turn over material to the state’s attorney general about thousands of apps that the social media company suspected may have misused customer data.
    • In a decision made public, Massachusetts Superior Court Justice Brian Davis said Attorney General Maura Healey had demonstrated a “substantial need” for the material, as she investigates Facebook’s privacy practices.
    • Healey began her probe in March 2018, following news that Facebook had let British political consulting firm Cambridge Analytica access data for as many as 87 million users.
    • Cambridge’s clients had included US President Donald Trump’s 2016 election campaign.
  • NIA takes over probe into DySP arrest
    • The National Investigation Agency (NIA) formally took charge of investigations into the arrest of J&K Police Deputy Superintendent of Police (DySP) Davinder Singh.
    • Singh was caught with two Hizbul Mujahideen militants earlier.
  • Suspect arrested for Lankesh killing ordered destruction of weapons
    • Suspect was arrested for involvement in the murder of Gauri Lankesh.
    • She was killed in Bengaluru on September 5, 2017.
    • According to police investigations, he had played a central role in destroying guns used by the group in the killing of the journalist and three others between 2013 and 2015.
  • CAA tussle: Won’t remain mute spectator, says Kerala Governor
    • Governor Arif Mohammed Khan said the state government moving the Supreme Court seeking scrapping of the Citizenship (Amendment) Act was against the law.
    • The Governor has sought an explanation from the government on its appeal in the Supreme Court. 
  • J&K school books get new chapter – on Reorganisation Act, 2019
    • The Jammu and Kashmir Board of School Education has included an additional chapter on J&K Reorganisation Act, 2019.
    • The inclusion comes in the curriculum for the new session.
    • The social sciences textbooks for class VI to X have chapters on the Act.
    • The said Act had revoked special status to J&K and split the state into two Union Territories.
  • Azam declared absconder for third time in a month
    • A local court of Rampur has declared him an absconder.
    • The declaration was made after he failed to appear before the court.
    • Earlier, summons had also been issued against him for allegedly violating the model code of conduct during the Lok Sabha poll last year.
    • This is the third case of such kind against him in a month.
    • Azam Khan is an MP of Samajwadi Party from Rampur constituency.
  • ‘Brazen, unlawful attempt to interfere with 2020 election’
    • President Trump’s legal defense team denied that he had committed impeachable acts.
    • It denounced the charges against him as a “brazen and unlawful” attempt to cost him re-election as House Democrats laid out in meticulous detail their case that he should be removed from office.
  • ED arrests Vadra aide, says bank records link to laundering, property
    • The enforcement Directorate arrested NRI businessman C.C. Thampi in connection with a case of alleged money laundering it is probing against Robert Vadra.
    • Thampi is said to be a close aide of Vadra and is alleged to have helped him in real estate assets in London.
  • SC refuses to stay poll bond scheme
    • The Supreme Court refused to order an interim stay on the electoral bond scheme.
    • It gave the Centre and the Election Commission two weeks to reply to an application by NGO Association for Democratic Reforms (ADR), which had sought the stay.
    • The Bench comprised of CJI S.A. Bobde and Justices Surya Kant and B.R. Gavai.
  • Court directs govt to take over Azam Khan’s varsity land
    • A Revenue Board court in Prayagraj has directed the government to take over around 100 bighas of land in Rampur.
    • Allegedly the land was purchased from 12 Dalit farmers under coercion.
    • The court stated that the land sold to Jauhar Trust has flouted the U.P. Zamindari Abolition and Land Reforms Act.
    • The Jauhar Trust is headed by beleaguered SP MP Azam Khan.
    • Mohammad Ali Jauhar University, whose chancellor is Azam Khan, has been built on the land.
  • Muzaffarpur shelter home owner, 18 others found guilty
    • A Delhi court convicted 19 people, including the shelter home owner, Brajesh Thakur.
    • The ruling came almost after two years a report had alleged sexual abuse of minor girls at a shelter home in Muzaffarpur, Bihar.
    • Additional Sessions Judge Saurabh Kulshreshtha convicted Thakur under multiple counts.
    • Those included sexual assault, under Section 6 of the POCSO Act, sections related to rape, gangrape, criminal conspiracy, abetment and causing hurt by dangerous weapons under the IPC and Juvenile Justice Act.
  • Trump team to ask for speedy acquittal in impeachment trial
    • President Trump’s legal team will call on the Senate to “swiftly reject” the impeachment charges and acquit him.
    • This would be done while maintaining that he committed no impeachable offense and has been the victim of an illegitimate partisan effort to take him down.
  • AGR dues: Airtel, Voda Idea move SC again, seek nod to negotiate with DoT
    • Airtel and Voda Idea approached the Supreme Court seeking its permission to “work out feasible terms mutually with DoT (Department of Telecommunications)” to ensure that they remain a “going concern”.
    • In separate but similar pleas both telcos have sought modification in the supplementary order.
    • In that order, the apex court had asked all companies to pay adjusted gross revenue (ADR) dues within three months from October 24, 2019 and file a compliance report.
  • SC clears govt-appointed board to take over debt-laden Unitech
    • The Supreme Court allowed the central government to supersede the present board of directors at Unitech Limited.
    • It said that the new board will submit a status report within two months.
    • The idea of professional board is to allow them to take control of the company complete the pending projects in the interest of homebuyers”, the court said.
  • HC junks plea against no-loudspeaker order at 2 mosques in UP
    • The Allahabad high court has declined to quash an administrative order barring the use of loudspeakers for azaan at two mosques in villages of UP’s Jaunpur district.
    • The court stated that no religion advocates the use of loudspeakers for worship. 
  • SC declines to stay CAA or defer NPR, seeks response from Govt in 4 weeks
    • The Supreme Court took up 144 petitions challenging the CAA, NPR and amendments to the Passport Rules and Foreigners Order.
    • It declined to stay the Citizenship (Amendment) Act.
    • It refused to postpone the implementation of the National Population Register.
    • The bench comprised of CJI S.A. Bobde and Justices Abdul Nazeer and Sanjeev Khanna.
    • It indicated that the matter may be referred to a Constitution Bench. 
  • Jharkhand: Days after cases withdrawn, seven killed over Pathalgadi
    • Seven persons were taken hostage and later killed, allegedly by armed supporters of the Pathalgadi self-rule movement.
    • The incident happened in a village in the West Singhbhum district of Jharkhand.
    • The killings were said to be a fallout of an old rivalry between supporters of the Pathalgadi movement and those against it.
  • MeToo: High Court asks anonymous account if it will represent victims
    • The Delhi High Court asked an anonymous Instagram account holder whether he/she is willing to represent other victims of sexual harassment who had come out with their complaints as part of the ‘MeToo’ movement, or whether the court should implead them as a party to the suit.
    • The account holder had posted anonymous posts accusing artist Subodh Gupta of alleged sexual harassment.
  • HC: No further adjournments in Kathua convicts’ appeals
    • The Punjab and Haryana High Court has said that no further adjournments will be granted in the Kathua gangrape case.
    • The statement came after repeated adjournments in criminal appeals of convicts in the case.
  • LS Speaker: Rights of presiding officers should be limited
    • Lok Sabha Speaker Om Birla said rights of presiding officers of legislatures should be limited.
    • The statement came after a day after the Supreme Court asked Parliament to “have a rethink on whether disqualification petitions ought to be entrusted to a Speaker as a quasi-judicial authority when such Speaker continues to belong to a political party either de jure or de facto”.
    • The Speaker was addressing a training session for MLAs of the Haryana Assembly.
  • Govt urges SC to fix time limit for death row convicts to seek relief, says need of norms in victims’ interest
    • The Centre moved the Supreme Court seeking modifications in the procedure to be followed in cases involving death row convicts.
    • The Centre stated that some death row convicts in heinous crimes were taking the judicial process for a ride under the garb of Article 21 of the Constitution.
  • State cabinet clears proposal to keep Mumbai eateries, malls open 24×7
    • The proposal received the state cabinet’s green light with the pilot project set to begin from January 27.
  • Call on separate civil suit on payment of AGR dues: DoT in ‘wait and watch’ mode
    • With the deadline for payment of adjusted gross revenue (AGR) dues ending on January 23, 2020, it is unlikely that a contempt of court case will automatically and immediately be triggered against both telecom and non-telecom companies if they fail to pay, officials of the ministry said.
    • Officials of the Department of Telecommunications (DoT) said that as they were the respondents in the AGR case, there was no question of a contempt of court case being started immediately.
    • The DoT will have to move a separate civil suit seeking the apex court’s directions on what it should do going ahead, if it seeks to recover the dues from all the companies, the officials further said.
    • The department is also likely to adopt a “wait and watch” stance, as the SC has agreed to hear next week the telecom operators’ plea seeking permission to negotiate with the DoT on payment schedule.
    • According to October 24, 2019 judgment of the SC, both telcos and non-telecom companies were required to clear their AGR dues within three months, the deadline for which expires on January 23, 2020.
  • Oil India, DMRC move SC; say DoT’s AGR demand will force stop operations
    • State-run Oil India has said that Department of Telecommunications’ (DoT) demand seeking Rs. 40,108 crores as adjusted gross revenue (AGR) and other telecom dues “would lead to permanent shutting down” of the company.
    • Apart from Oil India, state-run Delhi Metro Rail Corporation (DMRC) also moved the top court with a similar but separate plea, and said that the DoT demand of Rs. 5,481 crores would lead to “evaporation of the financial structure” of the company, which would in turn “lead to the DMTC operation coming to stand still to the great detriment of the commuting public”.
    • In its petition seeking modification of the SC’s October 24, 2019 judgment on AGR, Oil India has said that DoT’s “huge arbitrary demand was based on wrongful interpretation and erroneous calculation”.
  • Law Ministry agrees to link Aadhaar with voter ID but with safeguards
    • The Union Law Ministry responded positively to a request from the Election commission seeking legal powers to resume linking of voter cards with Aadhaar numbers.
    • But the Ministry asked the EC to “enumerate” the safeguards in place to prevent “theft”, interception and hijacking” of data.
  • Finality key to death sentence, can’t be kept open-ended: SC
    • CJI S.A. Bobde said the “finality” of death sentence is important and a condemned prisoner should not think that sentencing remains “open-ended”, and can be challenged whenever one wishes.
    • He was heading a three-judge bench which was hearing a review petition filed by two convicts, Shabnam and her lover Saleem, handed the death sentence in Uttar Pradesh for killing seven of her family members who opposed their relationship.
  • Special court remands Davinder, 4 others in NIA custody for 15 days
    • A special court remanded suspended police officer Davinder Singh and four others in NIA custody for 15 days.
    • The NIA had sought custodial interrogation of the accused for 15 days to unearth the wider conspiracy in the matter.
  • Maharashtra Home Minister: Decision on Bhima-Koregaon cases in 3 or 4 days
    • A decision on whether to drop the cases registered in the Bhima-Koregaon violence or set up Special Investigation Team (SIT) to probe the cases will be taken by early next week.
    • Maharashtra Deputy Chief Minister Ajit Pawar and state Home Minister Anil Deshmukh were briefed by officers of Pune police, who had registered the FIRs.
  • Govt notifies panel under Shah to oversee disposal of enemy properties
    • The government has notified a committee under Home Minister Amit Shah to oversee the disposal of more than 9,400 enemy properties.
    • Enemy properties were those left behind by the people who took citizenship of Pakistan and China.
  • Centre to SC: J&K’s integration into Union independent of Art 370
    • The Centre told the Supreme Court that “accession of Jammu and Kashmir to India was irreversible” and its integration into the Indian Union was “independent of Article 370”.
    • The constitution bench headed by Justice N.V. Ramana comprised of Justices S.K. Kaul, R. Subhash Reddy, B.R. Gavai and Surya Kant.
    • The bench was hearing arguments on whether or not to refer petitions challenging the August 5, 2019 proclamations amending Article 370 to a larger bench in view of the decision in two other five-judge decisions
    • Those decisions were Prem Nath Kaul v The State of Jammu and Kashmir,1959 and Sampat Prakash v The State of Jammu and Kashmir, 1970.
    • The bench reserved its order.
  • ICJ orders Myanmar to protect Rohingya from acts of genocide
    • The International Court of Justice ordered Myanmar to take urgent measures to protect its Rohingya population from genocide.
    • A lawsuit launched by Gambia in November at the United Nations’ highest body for disputes between states accuses Myanmar of genocide against Rohingya in violation of a 1948 convention. 
  • Centre vs Maharashtra as Elgar Parishad probe is handed over to NIA
    • The Union Ministry of Home Affairs handed over the investigation to National Investigation Agency (NIA).
    • The investigation pertains to the Elgar Parishad case.
    • Nine rights activists and lawyers had been arrested by the Maharashtra police in 2018 for inciting people at a meeting of the Elgar Parishad in Pune on December 31, 2017.
    • Police claimed the activists and lawyers incited people and this led to caste violence in Bhima Koregaon the next day.
  • In new rules for social media, Govt looks to trace, break into encrypted messages
    • The Information Technology Intermediaries Guidelines (Amendment) Rules, 2018 is the new set of rules on regulation of social media.
    • It has to be submitted by the government to the Supreme Court later in January.
    • The rules will push for “traceability” of content which in effect means breaking end-to-end encryption, even of message intermediaries.
  • Pvt schools should desist from religious education: Kerala HC
    • The Kerala High Court issued a direction to the state government’s general education department.
    • It asked to direct all recognised private schools in the state to desist from imparting religious instruction or religious studies without the government’s permission.
  • Thampi’s custody extended
    • A Delhi court extended the custodial interrogation of NRI businessman C.C. Thampi by 4 days.
    • The extension was given after ED told the court that two witnesses did not turn up for questioning.
  • Ready framework to stop criminalisation of politics: SC to EC
    • The Supreme Court asked the Election Commission to come up with a framework to prevent criminalisation of politics.
    • The bench comprised of Justices R.F. Nariman and S. Ravindra Bhat.
    • It said, “this should be done at the earliest in the public interest”.
  • Arbitrary tax collection results in social injustice, says CJI
    • CJI S.A. Bobde was addressing the 79th Foundation Day celebrations of the Income Tax Appellate Tribunal (ITAT).
    • He said while tax evasion by citizens is social injustice, excessive and arbitrary tax collection by government also results in social injustice.
  • Chhattisgarh scraps pension scheme for MISA detainees during Emergency
    • The Chhattisgarh government has scrapped a special pension scheme launched by the BJP Administration in 2008.
    • It was for the benefit of those detained under the Maintenance of Internal Security Act (MISA) during the emergency.
    • In January 2019, the government stopped the payments, after which the beneficiaries moved the court.
    • The cases, currently sub-judice, are expected to come up at the Bilaspur High Court.
  • Can’t issue blanket order against invoking NSA: SC
    • The Supreme Court rejected a plea seeking to restrain authorities from invoking the National Security Act (NSA).
    • It said it could not pass any blanket order but would consider if any specific instance of misuse is brough to its notice.
  • Rajasthan govt mandates Preamble in school books
    • The Rajasthan government announced inclusion of Preamble of the Constitution in school textbooks from upcoming academic session.
    • It also mandated its recitation in schools “to introduce the essence of Indian Constitution to the youth of the state”.
  • Impeachment: Democrats seek to pre-empt Trump’s defence
    • House Democrats sought to pre-emptively dismantle President Trump’s core defences in his impeachment trial.
    • They did so while invoking his own words to argue that his pressure campaign on Ukraine was an abuse of power that warranted his removal.
  • Myanmar already protecting Rohingya, says ruling party
    • A spokesperson for the ruling party said that Myanmar has put in place measures to protect Rohingya Muslims.
    • The ruling party shrugged off an order from the International Court of Justice a day earlier to stop genocidal acts against the ethnic minorities.
  • Non-telco PSUs move SC seeking clarity on order about payment of AGR dues
    • Non-Telecom Public sector companies like Oil India (OIL), Gail India, Power Grid Corporation (PGCIL) and Delhi Metro Rail Corporation (DMRC) moved separate pleas before the apex court.
    • They sought clarity on the applicability of its October 24, 2019, order on payment of adjusted gross revenue (AGR) dues.
    • They have sought a clarification whether the order on payment of licence fee and spectrum usage charge dues also applies to them.
  • Tata-Mistry case: SC stays NCLAT’s Jan 6 order rejecting RoC petition
    • The Supreme Court stayed the National Company Law Appellate Tribunal’s (NCLAT’s) order earlier this month.
    • The order of NCLAT had rejected Registrar of Companies’(RoC’s) plea to modify its December 18, 2019, order casting aspersions on its role in approving Tata Sons as a private limited company from a public limited one.
    • A bench led by CJI S.A. Bobde issued notice to the Cyrus Mistry group and also stayed the NCLAT’s January 6 order that rejected the RoC’s application for impleadment and modification.
    • While dismissing the RoC’s application, the NCLAT had also allegedly assigned “fresh and additional reasons” to support the conclusion given in its earlier December judgment, which according to Tata Sons was not required. 
  • CBDT: Tax raids led to detection of over Rs 1,000-cr undisclosed foreign assets
    • Detection of undisclosed foreign assets of over Rs. 1, 000 crore and domestic evasion of over Rs. 35 crores have been allegedly found by the Income Tax Department.
    • The detection was made during its recent searches conducted against the Bharat Hotels group, which runs the hotel chain of Lalit Hotels officials said.