General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - January 2023

Jan 2023

Jan 20, 2023

Supreme Court Rejects Plea Seeking Uploading of Charge Sheets on Government Websites

The Supreme Court refused to direct the investigating agencies such as the Central Bureau of Investigation and the Enforcement Directorate, apart from police, to upload the charge sheets on their websites, stating that the charge sheets were not public documents, unlike FIRs.
Dismissing the PIL filed by RTI activist and investigative journalist Saurav Das, the Bench of Justice M.R. Shah and Justice C.T. Ravikumar held that the directions passed in the Youth Bar Association case cannot be extended to charge sheets.
In the Youth Bar Association case, the Apex Court had directed the police to upload the FIRs in website within 24 hours, except in sensitive cases such as rape and sexual offences.

Jan 18, 2023

Default Bail Cancellation can be Considered on Merit, Says SC

Grant of default bail will not operate as an absolute bar to cancelling it once the charge sheet is filed and the same can be considered if a strong case is made out, the Supreme Court said.
A bench of Justices M. R. Shah and C. T. Ravikumar said this while asking the Telangana High Court to reconsider a CBI plea for cancellation of bail granted to accused Erra Gangi Reddy in connection with the murder of former Andhra Pradesh minister and Congress leader Y S Vivekananda Reddy and decide it on merits.

Supreme Court Disposes of Plea Seeking Allotment of Father's Chamber to Law Student

The Supreme Court referred a petition to the Chamber Allotment Committee, which sought allotment of a chamber belonging to a deceased lawyer to his daughter pursuing Law.
The Bench of Justice M. R. Shah and Justice C. T. Ravikumar told petitioner-in-person Anamika Dewan that it cannot pass an order for allotment of the Chamber to her as she was still a student, when there were hundreds of Advocates waiting for a chamber.
The petitioner then contended that she would be an Advocate in four months.
In the writ petition filed in the nature of Mandamus, the student submitted that her father, who was an Advocate on Record in the Supreme Court, had expired due to Covid-19. She said her father's hard work would go in vain as he toiled for 30 years for the chamber.
The Apex Court, while extending full sympathy towards the petitioner, told her that Chamber allotment would be done according to the seniority.

Jan 17, 2023

Supreme Court Issues Notice to Centre, National Medical Commission on Mandatory Internship for Ch...

The Supreme Court issued notice to the Union government and the National Medical Commission (NMC) on a petition filed by 70 China-educated medical graduates challenging a circular that made a two-year internship compulsory for them.
The orders were passed by a Bench of Justice B. R. Gavai and Justice Vikram Nath.
A batch of petitions were been filed in the Apex Court by Indian medical students studying in Ukraine, China and Philippines, seeking to continue their education in India.
The top court of the country had segregated the pleas made by China-graduated students from others in November, as they had resorted to online education in the wake of the Covid-19 pandemic, and not because of any war-like situation, which was the case in students educating in Ukraine.

Jan 16, 2023

Committee Headed by Justice P.S. Narasimha to Revisit Framework on Categorisation of Cases Formed...

A 6-member case Categorisation Advisory Committee headed by Justice P.S. Narasimha was constituted by the Supreme Court to revisit the existing framework relating to the categorisation of judicial matters according to the subject categories.
The Additional Registrar of the Supreme Court, Sunil Chauhan will serve as the secretary of the committee.
The committee comprises of Senior Advocate Aruneshwar Gupta, advocates-on-record K Parameshwar, Gaurav Agrawal and Vanshaja Shukla as its other members.
The broad charters of the committee are to examine the existing framework of subject categories and sub-categories.
It would also suggest changes and suggest schemes for categorisation of matters. It would also look into identifying the overlapping in the subject categories/ sub-categories.
The Committee work will also comprise of identifying and suggesting renaming or merging existing subject categories and/ or sub-categories.

Supreme Court Pulls up Madras High Court for Quashing Criminal Proceedings against YouTuber in Hurry

The Supreme Court has reprimanded the Madurai Bench of the Madras High Court for quashing criminal proceedings registered against a YouTuber in a hurry, without giving adequate time for the investigating agency to probe the charges.
The bench of Justice M.R. Shah and Justice C.T. Ravikumar, while setting aside the High Court order, noted that the Madurai Bench should not have quashed the FIR registered against YouTuber Maridhas Malaichamy, without giving adequate time to the probe agency to investigate.
The Supreme Court noted that the FIR in the case was lodged on December 9, 2021, while the quashing petition was filed on the very next date and within a period of four days on December 14, 2021, the single-judge bench of Justice G.R. Swaminathan passed an order, quashing the criminal proceedings against the accused.

Jan 14, 2023

Bench of Chief Justice of Delhi High Court Recuses from Hearing Review Plea against Appointment o...

Chief Justice (CJ) Satish Chandra Sharma and Justice Subramonium Prasad of the Delhi High Court rescued themselves from hearing a review petition challenging appointment of Justice D.Y. Chandrachud as the Chief Justice of India (CJI).
The review petition was filed against an order of the High Court dated November 11, 2022, by which the petition challenging appointment of CJI Chandrachud was dismissed by the High Court.
The same bench of CJ Sharma and Justice Prasad who rescued had passed the dismissal order then.
The Court in its November order, had put a fine of Rs. 1 lakh on the petitioner, Sanjeev Kumar Tiwari, who is the president of an organisation named Gram Uday Foundation.

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