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LAW AND CONSTITUTIONAL AFFAIRS - May 2022

May 2022

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.

May 22, 2022

SC Removes Praful Patel; Appoints Panel to Manage All India Football Federation Affairs

The Supreme Court appointed a three- member Committee of Administrators (CoA) led by Justice A.R. Dave (retd) to manage the affairs of the All India Football Federation (AIFF) and adoption of its constitution in line with the National Sports Code and model guidelines. A Bench led by Justices D.Y. Chandrachud said the COA will include two earlier members – former Chief Election Commissioner S.Y. Qureshi and former Indian Football Team captain Bhaskar Ganguly.
Noting that the current state of affairs was not in the interest of proper governance of the federation, the Bench -- which also included Justice Surya Kant and Justice P.S. Narasimha -- directed the CoA to forthwith take charge of the AIFF and assist the court by providing inputs to the court in facilitating the adoption of the constitution by the AIFF in accordance with the National Sports Code and model guidelines.

May 21, 2022

SC Vacates Stay on Delhi HC Order that Said Citizens have Right to Feed Stray Dogs

The Supreme Court vacated its stay on a Delhi High Court verdict that stray dogs have the right to food and citizens the right to feed them. A three-judge Bench led by Justice U.U. Lalit vacated the stay on the High Court's order imposed by a two-judge Bench on March 4, 2022. Acting on a petition filed by 'Humane Foundation for People and Animals' challenging the High Court's verdict, a Bench led by Justice Vineet Saran had issued the stay order and also issued notices to the Animal Welfare Board of India, the Delhi Government and others asking them to respond to the plea.
The petitioner had contended that the High Court's order was contrary to an order passed by the Supreme Court in 2015 in which it had asked High Courts not to pass any orders relating to the Prevention of Cruelty to Animals Act and the Animal Birth Control (Dog) Rules 2001 pertaining to dogs.
The NGO expressed the apprehension that the High Court's directions could make the stray dog menace worse.

No L-G Nod, HC Sets Aside Delhi Govt's Doorstep Ration Scheme

The Delhi High Court set aside the Arvind Kejriwal-led AAP government's doorstep ration delivery scheme — Mukhyamantri Ghar Ghar Ration Yojana — in the national capital for want of approval from the Lieutenant Governor. Allowing two petitions filed by Delhi Sarkari Ration Dealers' Sangh and Delhi Ration Dealers' Union against the scheme, it quashed the three tenders issued by the Delhi Government for selection of delivery agency for its implementation.
The Delhi Government had defended the scheme on the ground that it was for the poor who were being threatened by fair price shop owners to opt out of the home delivery mode otherwise they would not be given ration.

May 20, 2022

Cheque Bounce: Set up Special Courts, Says Supreme Court

In a relief to victims in cheque-bounce cases, the Supreme Court ordered setting up of special courts headed by retired judges in the five states with the most number of pending cases. The three-judge Bench of Justice L. Nageswara Rao, Justice B. R. Gavai, and Justice S. Ravindra Bhat in this suo motu case said the special courts would be set up from September 1, 2022 in Delhi, Gujarat, Maharashtra, Rajasthan, and Uttar Pradesh, to hear such cases under Section 138 of the Negotiable Instruments Act (cheque dishonour).
The court directed its secretary-general to communicate the order to the registrar general of the High Courts of the five states and directed them to file an affidavit on compliance by July 21, 2022. The next hearing on the matter has been slated for July 26.

Supreme Court Hands over Gyanvapi Dispute to Varanasi District Judge

The Supreme Court handed over the trial of the suit for permission to worship Hindu deities inside the Gyanvaapi Complex to the Varanasi District Judge, saying it needed to be handled by a "slightly more experienced and seasoned" officer from the UP Higher Judicial Service.
After a court-mandated videography of the Gyanvapi complex discovered a 'Shivling' on its premises, court had ordered the place to be sealed. Judge ordered the Varanasi District Magistrate to seal the area where the 'Shivling' was found to ensure that no one entered the premises. It had ordered the District Magistrate, Police Commissioner and the Central Reserve Police Force to ensure that the sealed area remained safe and secure.
The Supreme Court ordered protection of the area where a 'Shivling' was reported to have been found at the Gyanvapi Shringar Gauri Complex in Varanasi and clarified that there shall be no restriction on Muslims offering namaz or other religious observances there.

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