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LAW AND CONSTITUTIONAL AFFAIRS - May 2022

May 2022

Jul 15, 2022

Supreme Court Says Patna HC Exceeded Bail Jurisdiction by Directing Sahara Chief Subrata Roy to R...

  • The Supreme Court took strong exception to interim orders passed by the Patna High Court in the anticipatory bail application filed by the Patna High Court in the anticipatory bail application filed by one Promod Kumar Saini wherein Sahara India Group Head, Subrata Roy, being a third party was summoned and asked for a plan to return investments.
  • A Bench comprising Justices A.M. Khanwilkar and J.B. Pardiwala was perturbed that the High Court in an anticipatory bail application under Section 438 Cr.P.C. had exceeded its jurisdiction and passed orders, inter alia, directing the Sahara Group to come up with a plan for return of the investment of the investors before the next date of hearing, and also sought Roy's presence before the Court for the said purpose.
  • The Bench clarified that it is not expressing the opinion that the High Court cannot pass such orders in exercise of power under other/relevant provisions of the law, but the same, definitely, cannot be done while exercising power under Section 438 Cr.P. C. in an application for anticipatory bail.

Jul 14, 2022

All Demolitions Carried Out Legally: UP Govt. to Supreme Court

  • The Uttar Pradesh government apprised the Supreme Court that the demolition carried out on private properties in the state was done strictly in accordance with the Uttar Pradesh Urban Planning and Development Act, 1972.
  • The state government had filed an affidavit in the Apex Court, in reply to a petition filed by the Jamiat Ulama-i-Hind, alleging that the Kanpur Development Authority and the Prayagraj Development Authority had carried out illegal demolition in the state, in the wake of violent protests over remarks on Prophet Mohammed.

Jul 13, 2022

Centre vs Delhi: Supreme Court Agrees to Hear Plea on Control of Services

  • The Supreme Court (SC) acceded to an early hearing plea of the Arvind Kejriwal-led AAP government on the scope and ambit of legislative and executive powers of the Centre and the government of the National Capital Territory (NCT) of Delhi with regard to control on bureaucracy in the capital.
  • A three-judge Bench led by Chief Justice of India NV Ramana agreed to constitute a five-judge Constitution Bench for an authoritative pronouncement on the contentious issue after senior advocate AM Singhvi, representing the Delhi Government, mentioned it for urgent hearing.

Jul 12, 2022

SDRF: State Govt. can't Divert Funds Meant for Disaster Relief, Supreme Court Directs Andhra Prad...

  • The Supreme Court directed the Andhra Pradesh Government to repay the amount it had diverted from the State Disaster Response Fund (SDRF).
  • The said amount was given as compensation to the kin of Covid-19 deceased persons in the state and had been diverted into a Personal Deposit (PD) account.
  • The said petition that had made the accusation against the Andhra Pradesh government was presented by Additional Solicitor General Aishwarya Bhati before the bench of Justice M.R. Shah and Justice B.V. Nagarathna.

Jul 11, 2022

Ashoke Kumar Chakraborty Named Additional Solicitor General for Calcutta HC

  • Veteran counsel Ashoke Kumar Chakraborty was appointed as the Additional Solicitor General for the Calcutta High Court.
  • The appointment was announced by Department of Legal Affairs under the Union Law and Justice Ministry.
  • The post was lying vacant for three months following the sudden resignation of senior counsel Y.J. Dastoor in April 2022. For the last three months, the responsibility was handled jointly by senior counsel Billwadal Bhattacharya and Dhiraj Trivedi.

Abu Salem Case: Supreme Court Tells Centre to Honour Promise Made to Portugal

  • The Supreme Court ordered the Central Government to honour the commitment given by it to the Portuguese Government and ordered release of gangster Abu Salem on his completing his 25-year sentence in the 1993 Mumbai blasts case.
  • India had guaranteed Portugal that the Abu Salem would not be sentenced beyond 25 years while requesting his extradition in 2002.
  • The bench of Justices S.K. Kaul and M.M. Sundresh said that the Central government should come forward and advise the President of India to exercise his power under Article 72 of the Constitution and the national commitment on completion of his sentence.

Supreme Court: Recommends Separate Act to Streamline Grant of Bail and Sets Timeline for Disposal...

  • The Union Government of India was recommended by the Supreme Court to introduce a special enactment in the nature of a "Bail Act" to streamline the grant of bail.
  • A bench comprising of Justice Sanjay Kishan Kaul and Justice M.M. Sundresh while hearing the matter in the case Satender Kumar Antil versus Central Bureau of Investigation observed that "The Union of India may consider the introduction of a separate enactment in nature of a bail act, so as to streamline the grant of bails".
  • A slew of directions were also issued by the bench to ensure compliance of proper procedure for arrest and setting time limit for disposal of bail pleas.
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