General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - May 2022

May 2022

May 28, 2022

Delhi High Court: Notice to Concerned Authorities for Vaccination of Street Dogs against Canine D...

The Delhi High Court issued notices to both the Delhi Government and the Municipal Corporations on a petition seeking vaccination of street dogs and other animals in the national capital against deadly viruses like Canine Distemper and Parvo Virus. A Division Bench comprising Acting Chief Justice Vipin Sanghi and Justice Sachin Datta observed that the public interest litigation raised several important issues with regard to care and protection of stray dogs and other animals in the city, which neede "urgent attention" of the government.
The Apex Court directed the respondents to come out with a clear and considered stand in respect of all the issues raised in the petition.
Advocate Rahul Mohod, petitioner-in-person, approached the Court, raising grievance with regard to lack of mechanism to vaccinate stray dogs and other street animals to protect them from diseases such as Canine Distemper and Parvo Virus, which are known killers.

Vande Mataram: Delhi HC Issues Notice to Centre, Delhi Govt, NCERT

The Delhi High Court sought responses from the Centre, Delhi Government and National Council for Education Research and Training (NCERT) on a plea seeking that Vande Mataram be accorded a status at par with the national anthem Jana Gana Mana.
The Division Bench of Acting Chief Justice Vipin Sanghi and Justice Sachin Datta was dealing with a public interest litigation filed by BJP leader and practising Advocate Ashwini Kumar Upadhyay alleging that the song Vande Mataram, which had played a historic part in the struggle for Indian freedom, shall be honoured equally with Jana Gana Mana.
During the course of hearing, the Bench, at the outset, expressed displeasure over the petition being all over the press even before the same being listed before the Court, giving an impression that it is filed for publicity.

May 27, 2022

Allahabad High Court Quashes FIR against The Wire Editor, Reporter

The Allahabad High Court quashed an FIR registered against Siddharth Varadarajan, editor of The Wire, and reporter Ismat Ara for publishing news on the death of a youth during the farmers' agitation in New Delhi. The Division Bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar passed this order while hearing a petition filed by Siddharth Varadarajan And Another.
The petition has been filed for quashing the FIR dated 31.01.2021 in Case under Section 153-B and 505 (2) of Indian Penal Code, registered at Police Station Civil Lines, District Rampur along with consequential reliefs.

May 26, 2022

Meghalaya HC Observes Animals Meant for Slaughter Need Humane Treatment

The Meghalaya High Court observed that a regime be set up in the State to ensure better treatment of animals, particularly those that are transported, those that are brought to any market-place, the manner in which the animals are culled and to ensure humane and hygienic conditions at all stages and places.
The Division Bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh heard a Public Interest Litigation (PIL) filed by NGO Gau Gyan Foundation raising the issue of how the cattle are brought to animal markets.
The Bench hoped that an appropriate mechanism was put in place as expeditiously as possible. While on the subject, the State must also ensure that more hygienic conditions are followed by meat-sellers, whatever kind of meat they may be selling. Apart from meat shops openly displaying torn parts of animals, which is often hideous to look at, roadside selling of meat products without the meat kept in any enclosure, notwithstanding the cooler temperature enjoyed in most parts of the State, may not be ideal or advisable.

May 25, 2022

Qutub Minar is Not a Place of Worship: ASI Opposes Plea Seeking Restoration of Hindu, Jain Deitie...

A Delhi court reserved its order on a plea challenging the dismissal of a civil suit that sought to "restore" 27 Hindu and Jain temples inside the Qutub Minar complex in New Delhi — claiming they were demolished to build the Quwwat-ul-Islam mosque. The original suit was in 2021 dismissed by a civil judge in Delhi, citing that it was barred under provisions of the Places of Worship (Special Provisions) Act, 1991, following which the petitioners have filed the present appeal.
Arguing before Additional District Judge Nikhil Chopra of the Saket court, petitioner Hari Shankar Jain submitted that the dismissal of their suit based on the 1991 Act was wrong because the Qutub Minar complex has been exempted from the Act as it comes under the purview of the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act of 1958. Mr. Jain said that Section 4(3)(a) of the 1991 Act specifically exempts monuments protected under the AMASR Act of 1958. Further, he relied on Section 16(1) of the AMASR Act, 1958 to claim the right to "restore" the temples and worship on the premises.
However, the Archeological Survey of India opposed Mr. Jain's plea, submitting that the Qutub Minar complex is not a place of worship and neither was it one when it was first notified as a protected monument in 1914.

May 23, 2022

Justice L. N. Rao Given Warm Send-off by Judges, Lawyers

Justice L. Nageswara Rao, who acted in many films including Sanjay Dutt starrer 'Kanoon Apna Apna' and TV serials when he was young, was given a warm send off by judges and lawyers. Justice Rao, who was appointed SC judge on May 13, 2016, would formally demit office on June 7. CJI N. V. Ramana, Attorney General K. K. Venugopal and many other senior lawyers wished him a healthy, happy and active life.
Chief Justice of India N. V. Ramana called Rao's retirement is a huge loss for the Bench and his keen analytical skills and passion for the cause of justice will be thoroughly missed by all. Justice Rao, hailing from Chirala in Prakasam District of Andhra Pradesh, did his law at Nagarjuna University at Guntur and was enrolled as an advocate in 1982 at the Bar Council of Andhra Pradesh.

SC Orders Constitution of 25 Special Courts for Cheque Bounce Cases

As more than 33 lakh cheque bounce cases are pending in different courts and blocking judicial dockets, the Supreme Court decided to experiment with the idea of setting up of special courts headed by retired judicial officers exclusively to deal with such cases.
As a pilot project, a bench of justices L. Nageswara Rao, B. R. Gavai and S. Ravindra Bhat directed setting up of total 25 such special courts in five districts of Maharashtra, Rajasthan, Gujarat, Delhi and UP where the pendency of the cheque bounce cases is the highest. The court said that the special courts will start functioning from September 1 for one year and the court would take a further call to expand it across the country after evaluating their one year performance. The court directed the HC of the five states to take all necessary steps in establishing the special courts by taking the services of retired judges and providing appropriate infrastructure.

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