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LAW AND CONSTITUTIONAL AFFAIRS - May 2022

May 2022

Jun 09, 2022

Bureaucrat Assault Case: Delhi Court Rejects Plea Challenging Clean Chit to Kejriwal, Sisodia, 9 ...

A Delhi Sessions Court quashed the petition filed by former Chief Secretary Anshu Prakash, challenging the clean chit given to Chief Minister Arvind Kejriwal, Deputy Chief Minister Manish Sisodia and nine other Aam Aadmi Party (AAP) MLAs by a trial court in the case related to an alleged assault on him at the CM's residence in 2018.
According to Prakash, the incident took place during a meeting at Kejriwal's official residence on February 19, 2018. It triggered a bitter war between the bureaucracy and the Kejriwal-led Delhi government.
The bureaucrat had alleged on March 30 that Kejriwal and Sisodia were the 'kingpins' of a conspiracy that led to him being assaulted at the CM's residence.

Vacant 1456 Seats Cannot be Filled as Software Discontinued: Centre to Supreme Court

The Central government filed an affidavit in the Supreme Court on the demand for special counseling on 1456 vacant seats in medical colleges in All India Quota. The Counsel for the Centre submitted that 1456 medical seats cannot be filled as the software used for NEET PG 2021 has now been discontinued.
The Supreme Court had expressed displeasure over the non-filling of vacant posts by the Centre and the Medical Counselling Committee (MCC), during the hearing of a petition seeking special counseling.
A Bench comprising Justice M.R. Shah and Justice Aniruddha Bose observed that leaving seats in the NEET-PG vacant was not only putting the aspirants into difficulty, but was also leading to a dearth of qualified doctors.

Jun 08, 2022

Playing with future of Doctors: SC to Centre over Unfilled NEET-PG Seats

The Supreme Court expressed concern over the 1,450 post-graduate medical seats going vacant this year despite the country facing a dearth of medical professionals, telling the Centre that "You are playing with the future of doctors."
The court sought an affidavit to be filed by the Centre and the Medical Counselling Committee (MCC) explaining why these seats were not filled by conducting an additional mop-up counselling round. The court also warned that it may consider asking the Centre to pay compensation to the doctors for playing with their lives and future.
A bench of justices M. R. Shah and Aniruddha Bose said, "Even if a single seat is vacant, it should be filled and not allowed to be wasted…If students are not given admission, we will pass compensation orders against you for playing with the lives and future of doctors."
The court was hearing a petition filed by seven doctors seeking a special stray round of counselling for 1,456 vacant medical PG seats that remained unfilled after the last mop-up counselling round for NEET-PG 2021-22 ended on May 7.

New Social Media Laws in Response to Rights Violations, Says Centre

The Centre reissued new rules on social media companies that it proposed then abruptly withdrew last week, making no changes but explaining that the law was needed because the companies had violated Indians' constitutional rights.
The country last week released a draft of changes to its IT law that would require companies to "respect the rights accorded to the citizens under the constitution of India" and setting up a government panel to hear appeals of the companies' content moderation decisions.
The government released the draft again without changes and solicited public comments within 30 days.

Jun 07, 2022

A First in Rajasthan HC, Couple on Judge's Post

The Union Ministry of Law and Justice appointed Kuldeep Mathur and Shubha Mehta as two new Judges of the Rajasthan High Court. In a first for the Rajasthan High Court, a couple will be serving as its judges. Subha Mehta and Kuldeep Mathur were appointed judges to the HC by the Union Ministry of Law and Justice. Justice Shubha Mehta's husband Justice Mahendra Goyal is already a judge in the HC. While Justice Mehta is from the judicial service, Justice Goyal was a lawyer. He was appointed in November 2019.
In December 2020, Justice Murali Shankar Kuppuraju and his wife Justice Tamilselvi T Valayapalayamand were sworn in as judges of the Madras High Court on the same day. Before that, Justice Vivek Puri and Justice Archana Puri were sworn in as judges of the Punjab High Court on the same day in November 2019.

Gold Smuggling does not Amount to Terrorist Act under UAPA: Delhi HC

According to Delhi High Court, smuggling of gold alone won't amount to a terrorist act under the Unlawful Activities Prevention Act (UAPA), unless it threatened the economic security or monetary stability of India. It granted bail to nine persons accused of smuggling more than 500 gold biscuits (83.6 kg gold) which was seized at New Delhi Railway Station by the Directorate of Revenue Intelligence (DRI) in August 2020 while travelling in Dibrugarh-New Delhi Rajdhani Express on fake documents. The case was later handed over to the National Investigation Agency (NIA).
The accused were charged with offences under certain provisions of the Indian Penal Code and the UAPA.

Jun 06, 2022

No Mining within 1 km of Protected Forests, Orders Supreme Court

In a bid to protect wildlife biodiversity in the country, the Supreme Court said that each protected forest should have a 1-km radius of eco-sensitive zone (ESZ) and no mining shall be permitted there. A bench comprising Justices L Nageswara Rao, BR Gavai and Aniruddha Bose gave directions in a public interest litigation case (TN Godavarman Thirumalpad vs Union of India). Though each protected forest, which is a national park or wildlife sanctuary, must have an ESZ of a minimum of one kilometre, for Jamua Ramgarh wildlife sanctuary, it was fixed to 500 metres for the ongoing activities.
Mostly states prescribe very less or zero km of ESZ. Also, it was different for different states and there was no fixed demarcation. The Supreme Court has thus taken cognisance of the matter now. There was a need to regularise the sensitive zones.

Jun 05, 2022

Punjab and Haryana High Court Sets Aside Motor Accident Claims Tribunal Order

The Punjab and Haryana High Court allowed a petition challenging the order passed by the Motor Accident Claims Tribunal, Palwal whereby the Tribunal directed 50% of the compensation awarded to be put in fixed deposits.
In the petition limited challenge to the order dated 23.09.2021 passed by the Motor Accident Claims Tribunal, Palwal is to the extent whereby the Tribunal has directed 50% of the compensation awarded to be deposited in fixed deposits. The further challenge is to the order dated 12.05.2022 dismissing the application filed by the petitioners for release of the amount directed to be deposited in the FDs.

SC Sets Aside 'Cyclostyled Orders' by Uttarakhand HC

Taking strong exception to "cyclostyled orders" passed by a single Judge of the Uttarakhand High Court, the Supreme Court set aside his order quashing an FIR in a cheating case. A Vacation Bench led by Justice Ajay Rastogi sent the matter back to the High Court with a request to the Chief Justice to assign it another judge for adjudication.
The top court also restrained the Uttarakhand Police from taking any coercive action against appellants Harsh R Kilachand and others for eight weeks and gave them liberty to approach the high court for interim protection. On behalf of the appellants, senior advocate Meenakshi Arora explained how the single judge of the High Court passed orders in a "cyclostyled manner".

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