Supreme Court Upholds Validity of National Green Tribunal
The Supreme Court upheld the validity of Section 3 of the National Green Tribunal Act, 2010, which empowers the Union Government to establish the NGT and ruled out a plea to have tribunal's branches in every state and union territory.
It rejected the plea to transfer the seat of the NGT's Madhya Pradesh Bench from Bhopal to Jabalpur, saying Benches were created as per exigencies.
The verdict came on a petition filed by the Madhya Pradesh High Court Bar Association, challenging Section 3 of the NGT Act. The petitioner had contended that the provision gave the Centre excessive and unchecked powers to notify NGT seats/benches without sufficient consultations with Chief Justices of High Courts, Union Cabinet or the President, as is the constitutional norm for other such decisions related to the judiciary.
May 18, 2022
Supreme Court Orders Release of AG Perarivalan, Convict In Rajiv Gandhi Assassination Case
The Supreme Court ordered the release of Rajiv Gandhi assassination convict A. G. Perarivalan, exercising its powers under Article 142 of the Constitution. A bench of Justices L. Nageswara Rao and B. R. Gavai said that the Tamil Nadu Cabinet had in September 2018 recommended his release to the Governor taking into account relevant considerations. Article 142 enables the court to pass orders to do complete justice in a case.
In his plea, Perarivalan said that the Governor was yet to take a call on a recommendation by the state government on September 9, 2018, to grant him remission and release him forthwith.
Arrested at the age of 19, Perarivalan was sentenced to death in May 1999 after being convicted for purchasing the 8-volt battery that was used by the assassins to trigger the belt bomb that killed former Prime Minister Rajiv Gandhi. In 2014, his sentence and that of two others, Murugan and Santhan (both Sri Lankans), was commuted to life citing the long pendency of their mercy petitions.
May 17, 2022
SC Tells Centre, J&K, EC to Respond to Plea Challenging Delimitation
The Supreme Court asked the Centre, J&K Administration and the Election Commission to respond to a petition challenging the decision to appoint a Delimitation Commission headed by Justice Ranjana Prakash Desai (Retd) to redraw the Lok Sabha and Assembly constituencies in the newly created Union Territory.
A Bench led by Justice Sanjay Kishan Kaul asked them to file their responses to the petition filed by Srinagar residents Haji Abdul Gani Khan and Mohammad Ayub Mattoo in six weeks.
The petitioners questioned the increase in the number of seats from 83 to 90 (excluding 24 seats in PoK) in the Union Territory of J&K, saying it went against Articles 81, 82, 170, 330 and 332 of the Constitution and statutory provisions, particularly Section 63 of the J&K Reorganisation Act, 2019. They urged the top court to declare unconstitutional the March 2020 notification constituting the Delimitation Commission under Section 3 of the Delimitation Act, 2002, for being without power, jurisdiction and authority.
Over 56 lakh Cases Settled in National Lok Adalat Organised in 24 States, UTs: NALSA
Over 56 lakh cases were settled in the second National 'Lok Adalat' organised in 24 states and union territories on Saturday with a total settlement amount of Rs. 2,648 crore. The 'Lok Adalat' was held in both physical and virtual or hybrid mode under the aegis of NALSA. 'Lok Adalat' is an alternative dispute redressal mechanism and it is a forum where disputes or cases pending in the court of law or at pre-litigation stage are settled or compromised amicably.
Settlement through Lok Adalat not only offers a way for the parties to settle their disputes according to their choice, which is speedy and cost effective, but also blocks the pre-litigation matters from maturing into litigation.
In Jammu and Kashmir, more than 1.24 lakh cases were settled and an amount of over Rs. 200 crore was awarded as compensation/settlement amount.
Govt. Clears Appointments of Nine Advocates as Judges of Delhi High Court
The government cleared the names of nine advocates as judges of the Delhi High Court. The advocates appointed as judges of the Delhi High Court were: Tara Vitasta ,Ganju, Mini Pushkarna, Vikas Mahajan, Tushar Rao Gedela, Manmeet Pritam Singh Arora, Sachin Datta, Amit Mahajan, Gaurang Kanth, and Saurabh Banerjee.
The Delhi High Court which has a sanctioned strength of 60 judges is currently functioning with just 35 judges.
The Supreme Court Collegium led by CJI NV Ramana had recommended their names for appointment. Besides CJI Ramana, Justice UU Lalit and Justice AM Khanwilkar are part of the three-member Collegium which takes decisions on appointment of high court judges.
May 14, 2022
India among 30-odd Countries that Have Not Criminalised Marital Rape
India remains among the 30-odd nations where marital rape is not criminalised as the Delhi High Court split verdict on the issue gave little to cheer about to those fighting against the alleged discriminatory clause under Section 375 of the Indian Penal Code. The Delhi High Court on delivered a split verdict with one of the judges favouring striking down the provision, and the other holding it was not unconstitutional.
According to a UN Women report, most of these 34 countries were developing nations including Pakistan, China, Bangladesh, Myanmar, Sri Lanka, Haiti, Laos, Mali, Senegal, Tajikistan and Botswana.
Thirty-two per cent of women in India who have ever been married have experienced spousal physical, sexual, or emotional violence, according to the latest fifth round of the National Family Health Survey (NHFS-5).
May 13, 2022
Supreme Court Puts Sedition Law on Hold
In a historic order, the Supreme Court asked the Centre and states not to register any cases of sedition under Section 124A of the Indian Penal Code pending an exercise to review the colonial law. It said courts will provide relief to such accused taking into account its order as also the stand taken by the Centre to reconsider the law due to its glaring abuse.
During the hearing, the Centre had opposed the suggestion to stay the operation of the sedition law under Section 124A IPC. Solicitor General Tushar Mehta instead proposed that future FIRs under Section 124A IPC will be filed only after scrutiny by Superintendent of Police in pending cases courts can be directed to expeditiously consider bail.
But the Bench -- which had asked the Centre to clarify if all sedition cases filed across India could be kept in abeyance till the review of Section 124A of the IPC was completed -- didn't agree with Mehta's submission.