General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - May 2022

May 2022

Jun 26, 2022

No Case under SC/ST Act if Abuse Not in Public, Says Karnataka High Court

The High Court of Karnataka said that for offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, the hurling of casteist abuse must be in a public place.
It quashed a case pending against a person as it found that the alleged abuse was made in a basement of a building, where the victim and his co-workers alone were present.
Justice M. Nagaprasanna, in his verdict noted: "Two factors will emerge from a reading of the aforesaid statements– one being, the basement of the building was not a place of public view and two, only persons who claim to be present were the complainants and other employees of Jayakumar R.Nair or friends of the complainants.

Jun 25, 2022

Jharkhand HC Slams State Govt. on Deteriorating Law and Order Situation

The Jharkhand High Court slammed the Hemant Soren's government over the deteriorating law and order situation and sought a report from the state government over the killing of a criminal at the Deoghar court's premises.
A division bench of Chief Justice Dr. Ravi Ranjan and Justice Sujit Narayan Prasad, while taking the suo moto cognisance of a letter by District and Session Judge, Deoghar over the killing of a criminal at the court's premises, observed that the law and order situation was deteriorating in the state and sought a report from the state government over the matter.
The High Court also directed a security audit of the Deoghar Civil Court premises to assess the lapses in its premises that led to the shootout and killing.

Jun 23, 2022

Madhya Pradesh HC Dismisses Plea for Uniform Civil Code

The Madhya Pradesh High Court dismissed a petition filed seeking directions to the respondent to make uniform law for all citizens of the country/state.
The Petition filed by Dr. Mumtaj Ahmed Khan sought the following:
1) To direct respondent to make uniform law for all citizens of country/state, 2) To direct respondents to act in furtherance of the directions issued by courts time to time keeping in view Article 141 of the Constitution of India and 3) To pass any writ/order/or direction in the given or changed circumstances of the case in the interest of justice.
The plea of the petitioner is that a uniform law be enacted to bring about a Uniform Civil Code for all citizens of India.

Supreme Court Rejects Plea on Petition to Sack Satyendar Jain and Nawab Malik

The Supreme Court refused an early hearing on a petition to sack jailed Delhi Health Minister Satyendar Jain and Maharashtra Cabinet Minister Nawab Malik. A bench of Justices C.T. Ravikumar and Sudhanshu Dhulia said that such matters need to be posted before Chief Justice of India N.V. Ramana, then only it will be posted.
A PIL was filed in the Supreme Court seeking a direction to the Delhi government to sack its Health Minister Satyendar Jain and to the Maharashtra government to sack its Cabinet Minister Nawab Malik, in connection with the money laundering cases that are being investigated against them.

Jun 22, 2022

Agnipath Scheme: Centre Moves Caveat in Supreme Court

A caveat was filed in the Supreme Court by the Central Government requesting the Apex Court to hear the government side before any decision is taken on the petition that challenged the military recruitment scheme of Agnipath.
Three petitions were so far filed in the Supreme Court against the military recruitment scheme Agnipath. The scheme is a short-term recruitment plan for the armed forces.
A plea was filed in the Supreme Court by advocate Harsh Ajay Singh on Monday seeking issuance of directions to the Centre to reconsider its Agnipath recruitment scheme since there had been widespread protests in several parts of the country.
Another two petitions are already filed in the same regard earlier by lawyers ML Sharma and Vishal Tiwari, respectively.

Allahabad High Court Quashes Trial Court Order

The Allahabad High Court quashed the order of the trial court while observing that a delay in the conclusion of the proceedings/trial should not be the reason for the rejection of an application under Section 311 CrPC.
A single bench of Justice Shekhar Kumar Yadav passed this order while hearing an application under Section 482 CrPC.
This is a petition under Section 482 CrPC against the order dated 29.04.2022 by virtue of which the application of the applicant under Section 311 CrPC for summoning certain witnesses was rejected.

Jun 21, 2022

NCLT Members' Tenure: SC Refuses to Pass Interim Order, to Hear in July

The Supreme Court refused to pass an interim order in connection with the extending tenure of 23 members of company law tribunals.
The National Company Law Tribunal Bar Association has challenged the notification issued by the Central government fixing the term of 23 NCLT members appointed in 2019 as three years instead of five years.
A vacation bench of Justices C.T. Ravikumar and Sudhanshu Dhulia said that it will examine the locus standi of the lawyers' association, which contended that with a total sanctioned strength of 63 members across 28 benches, the tribunals would be adversely affected if more judges retire, and they may collapse if 23 of the 45 members retire by July.

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