General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Jun 14, 2022

Media Outfits Not Covered under Article 226 Ambit: Delhi High Court

The Delhi High Court ruled that a news agency or a newspaper does not come under the purview of Article 226 of the Constitution, as an organisation engaged in the dissemination of news, cannot be seen as performing a 'public function'. The Single-Judge Bench of Justice Yashwant Varma passed the order, while dismissing a plea filed by one Prakash Singh, who alleged racial discrimination and harassment by French news agency, 'Agence France Presse'. Even though the media organisations were constituted by an Act of Parliament, but their engaging in dissemination of news cannot be seen as carrying out a 'public function,' noted the High Court.
It said such organisations cannot be subject to the writ jurisdiction of High Courts under Article 226, which was available as a public law remedy and not against private wrongs.

Improper Recruitment Advts. Violate Fundamental Right of Candidates: Allahabad High Court

The Allahabad High Court said that not properly advertising for recruitment to vacant posts is a violation of fundamental right of the prospective candidates. The Division Bench of Chief Justice Rajesh Bindal and Justice J.J Munir heard this petition filed by Ravi Pratap Mishra. The Court noted that the Single Judge has dismissed the writ petition filed by the appellant with the observation that prior to his appointment, the vacancy was not properly advertised. The advertisement was made in a newspaper, named 'Hindustan Kaa Swaroop', which hardly had any circulation in the area.
As the proper procedure for filling up the vacancy was not followed, the Single Judge did not find merit in the writ petition as fair opportunity was not afforded to all the prospective candidates to apply for the post.

Jun 13, 2022

Delhi High Court Appoints Former Justice Pankaj Naqvi as Administrator to Handle Affairs of Judo ...

The Delhi High Court appointed retired Allahabad High Court judge Justice Pankaj Naqvi as the Administrator of the Judo Federation of India to run the affairs of the sports body. Justice Yashwant Varma asked the former judge to undertake a review of the existing constitution of the Federation upon taking charge and prepare a draft amended constitution in conformity with the National Sports Code after eliciting the views of its constituents and members and place the finalised version of the same before the court for its approval and consideration.
The court's order was passed on a batch of writ petitions by the Haryana State Judo Association, Karnataka Judo Association, and Bombay Judo Association concerning certain disputes in the Judo Federation of India amongst its office bearers.

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.

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