General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - May 2022

May 2022

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.

May 19, 2022

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.

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