General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - August 2022

Aug 2022

Sep 27, 2022

Rajiv Gandhi Assassination Case: Supreme Court Issues Notice to Centre, Tamil Nadu Govt. on Nalin...

The Supreme Court asked the Centre and the Tamil Nadu government to respond on a plea filed by Nalini Sriharan for a premature release from her life term in the assassination case of former PM Rajiv Gandhi.
A bench comprising of Justice B. R. Gavai and Justice B. V. Nagarathana issued notices to the Centre and the Tamil Nadu government seeking their replies on the plea.
The Apex Court also issued notices on the plea filed by R. P. Ravichandran, who too is a convict in the case.
The order by the Madras High Court which rejected her plea for early release was challenged by her.
Nalini had cited before the Apex court the judgement ordering the release of co-convict A. G. Perarivalan.
The High Court while rejecting their pleas said that High Courts under Article 226 do not have any power to do so, unlike the Supreme Court which enjoys the special power under Article 142.
The Top Court under Article 142 had invoked its extraordinary power and ordered the release of Perarivalan, who had served over 30 years in jail.
Under article 142, the top Court may issue any verdict or order necessary to provide complete justice.

Remove All Business Activities within 500 metres of Taj Mahal

The Supreme Court ordered the immediate stopping of all commercial activities within a 500-metre radius of the iconic Taj Mahal and told the Agra Development Authority to ensure compliance of its directive.
The bench took on record the submissions of senior advocate ADN Rao, who is assisting the court as an amicus curiae that it would be in the interest of the protected monument to issue directions for barring all commercial activities near the Taj Mahal. Rao pointed out that the top court issued a similar order in May 2000 but it is only appropriate to reiterate the direction in view of the long passage of time.
The order came on an application by a group of shop owners, who have been allotted space outside the 500-meter radius. Representing the applicant, advocate MC Dhingra complained of gross violation of the previous court order near the western gate of the monument as illegal business activities thrived. Dhingra urged the bench to issue appropriate orders to stop the activities and make the authorities liable for compliance.

Sep 26, 2022

SC Judge Indira Banerjee Retires with Hope of more Women Judges in Top Court

Justice Indira Banerjee, the fifth senior-most judge of the Supreme Court, retired with the hope that more women would be appointed as judges in the top court in future.
Justice Banerjee demitted office after serving for over four years.
Justice Banerjee recounted her journey in the Supreme Court which started 35 years ago, when she first came to the apex court as a junior from Calcutta High Court. She said it seemed just like the other day when she was sharing the bench with Justice (since retired) Dipak Misra on August 7, 2018.
With her retirement, there are three women judges in the Supreme Court. The retirement of justice Banerjee brought down the number of serving judges in the top court to 29 against the sanctioned strength of 34 including the CJI.

Sep 24, 2022

People with Criminal Antecedents cannot be Permitted to Work in BARC: Bombay High Court

The Bombay High Court said that the Bhabha Atomic Research Centre (BARC) is a place where sensitive work takes place and a person with criminal antecedents cannot be permitted to be apt of it.
The Court dismissed a petition filed by an applicant whose job application was rejected at BARC since he did not disclose a criminal case pending against him.
A division bench of Justices Sanjay Gangapurwala and Justice R. N. Laddha said that honesty and integrity are main requirements for a government job.
The Court in its order said that BARC is the nation's premier research centre which is engaged in advanced research and development activities of nuclear science.
The bench was hearing plea filed by Swapnil Parab, who had applied for the post of Hospital Work Assistant at BARC in 2016, but had not mentioned about a criminal case pending against him since 2012.

Sep 23, 2022

Supreme Court Concludes Hearing in Hijab Case, Reserves Judgment

The Supreme Court reserved its verdict on a batch of petitions challenging the Karnataka High Court judgement refusing to lift the ban on hijab in educational institutions of the state.
On March 15, the High Court had dismissed petitions filed by a section of Muslim students from the Government Pre-University Girls College in Udupi seeking permission to wear hijab inside the classroom, saying it is not a part of the essential religious practice in Islamic faith.
The state government had, by its order of February 5, 2022, banned wearing clothes that disturb equality, integrity, and public order in schools and colleges.
Several pleas were been filed in the apex court challenging the high court verdict.
A bench of Justices Hemant Gupta and Sudhanshu Dhulia reserved its verdict in the matter.

Sep 22, 2022

Supreme Court Appoints Former Judge L. Nageswara Rao for Conducting Elections to Indian Olympic A...

The Supreme Court of India appointed the former Supreme Court Judge L. Nageswara Rao to prepare the electoral roll and conduct elections to Indian Olympic Association (IOA).
The Apex Court has also said that as per the agreement between IOA and International Olympic Committee, Rajeev Mehta will remain as the secretary General of IOA.
Earlier this week, a bench of Justices DY Chandrachud and Justice Hima Kohli after taking the suggestions from the Solicitor General Tushar (SG) Mehta had asked the Secretary of the Union Sports Ministry to communicate with the International Olympic Committee about the appointment of a neutral person to take care of day to day affairs of committee.
The Solicitor General had also suggested that a retired Supreme Court Judge should oversee the process of finalization of the new IOA constitution, its electoral rolls and its pending polls.

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