- Congress, JD(S) seek clarification of order allowing the rebel MLAs to abstain from attending the house – The Supreme Court had passed an interim order allowing MLAs from the Karnataka assembly to abstain from attending the state assembly. The speaker can decide upon the issue of the resignations in the appropriate time frame. The MLAs can skip the trust vote scheduled for this week without facing the threat of disqualification. Congress and JD(S) have filed for clarification on the order, pointing out that a political party has the right to issue a whip to its legislators and not allowing them to do so would be against the spirit of the Tenth Schedule of the Constitution. It would thus allow the rebel MLAs to defy the whip of the party. The Schedule specifically states that legislators cannot vote against the whip issued by the party. [Pratap Gouda Patil v State of Karnataka, Writ Petition (Civil) No. 872 of 2019, date of order: 17.07.2019]
- Arbitral awards cannot be set aside by high Courts under writ jurisdiction – The Supreme Court has reiterated that arbitral awards cannot be set aside by High Courts by invoking their writ jurisdiction. In the present case, the Allahabad High Court had set aside a partial award passed under Section 16 of the Arbitration and Conciliation Act. Such an award can be set aside only in accordance with Section 34 of the Act. The Court referred to its earlier decision in SBP Co. v Patel Engineering () that had said that an arbitral award can be set aside under Section 34 and if the parties have any grievances by the court’s treatment of the arbitral award, it can be appealed against provided it meets the conditions laid down in Section 37. [Sterling Industries v Jayprakash Associates, Civil Appeal Nos. 7117-7118 of 2017, date of order: 10.07.2019]
- Detention orders under the COFEPOSA have to keep in mind individual liberty as well the good of the people at large – The Supreme Court upheld a detention order passed under the Conservation of Foreign Exchange and Prevention of Smuggling Act in an appeal from an order of a High Court quashing the same order. The High Court had quashed the order on the ground that the detaining authority has not expressly recorded the finding that there was real possibility of the detenues being released on bail, indicating non-application of mind. The detaining authority had noted that the detenues had brought close to 3400 kg of gold disguised as brass metal scrap into India and was satisfied that if released they would continue with their activities and hence passed the detention order. The Apex Court explained that simply not recording a specific finding that the detenues would not be released on bail is not sufficient to show that there had been no application of mind. While the Constitution does protect individual liberty, it has to be balanced with the larger good of the people, as preventive detention is aimed at protection of the safety and security of the nation. [Union of India v Dimple happy Dhakad, Criminal Appeal No. 1064 of 2019, date of judgment: 18.07.2019]
- Centre seeks re-verification of the Assam NRC inclusions – The Central Government has asked the Supreme Court to extend the date of finalisation of the National Register of Citizens for Assam, which presently is set for 31 July. The Solicitor General has claimed that many wrongful exclusions and inclusions have been made to the list, especially in the areas bordering Bangladesh, and require re-verification to the tune of at least 20%. On the other hand, the State Co-ordinator for Assam claimed that re-verification of at least 27%f the claims has already taken place. The Court has also been asked to extend the date on the grounds of the recent floods in Assam. The matter has now been posted for 23 July giving time to the ASG to reply to the claims of the State Co-ordinator. [Assam Public Works v Union of India, Interim Applications Nos.98446 & 98512 of 2019 in Writ Petition (Civil) No.274 of 2009, date of order: 19.07.2019]
- Notice issued on PIL seeking de-criminalisation of abortion – The Supreme Court has issued a notice on a PIL filed to decriminalise the abortion an declare complete autonomy of women on their body related to their reproductive choices. It also challenges Sections 3 and 5 of the Medical Termination of Pregnancy Act arguing that it is against personal liberty and bodily autonomy. These sections provide the specific situations in which pregnancy can be terminated. The petition argues that the sections place undue burden on the exercise of free reproductive choice and the right to terminate pregnancy. It challenges the limit of 20 weeks as being harsh, pointing out it is possible to detect foetal abnormalities at a later stage as well and terminate pregnancies safely. It also points out that restrictions at an earlier stage of pregnancy were completely unnecessary and that the restrictions provided also discriminated against unmarried women. [Swati Agarwal v Union of India, Writ Petition (Civil) No. 825 of 2019, date of order: 15.07.2019]
- Mediation Panel in Babri Masjid dispute asked to submit Final report July 31 – The Supreme Court has called for a final report from the mediation panel in the Ayodhya-Babri Masjid case as it wants to continue with hearing the appeals from 2nd August onwards. It passed the order in a petition filed for early hearing of the appeals. The mediation panel had been given time till 15 August. The Hindu faction has claimed that the joint sessions have not produced any results and so the mediation should be brought to an end. On the other hand, the Muslim group has pointed out that because of one the parties has become frustrated by the process, the mediation could not be brought to an end. But the Supreme Court has now restricted the time till 31 July. [ Siddiq (dead) v Mahant Suresh Das, Civil Appeal Nos. 10866-10867/2010, date of order: 18.07.2019]
- Order under Section 156(3) CrPC must be complied within 24 hrs – The Calcutta High Court has laid down that an order passed by the Magistrate under Section 156(3) of the CrPC mandating registration of FIR must be complied within 24 hrs else the erring officers could face penal consequences. In the case before the Court, the order had been given in January 2018, but no action had been taken on it until September 2018. The explanation by the officer in charge was vague and superficial. He Court took note of the tendency to not comply with court directions. The Court observed that it is a bounden duty of the police officers to follow the directions of judicial authorities under the Police Act. [In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 11.06.2019 in connection with Chanchal Police Station Case No. 579 of 2018 dated 11.09.2018 under Section 4 of the POCSO Act. (Special Case No. 101 of 2019) and In Re: Abdul Khaleque, C. R. M. 4792 of 2019, date of order: 17.07.2019]
- CRZ 2011 clearance for the Coastal Road Project set aside – The Bombay High Court has set aside the clearance to the Coastal Regulation Zone (CRZ) clearance granted to southern part of the coastal road project by the Maharashtra Coastal Zone Management Authority, Expert Assessment Committee (EAC) under the Ministry of Environment and Forest (MoEF) as well the Ministry of Environment and Forest. The project was to be made on reclaimed land. In accordance with CRZ 2011, public comments on the project were invited and it was pointed out that CRZ 2011 prohibited road construction on reclaimed land. The petitioners challenging the clearance had pointed out that the Environmental clearance report had not provided the requisite documents for clearance. No studies had been undertaken to understand the impact of the project on the aquatic flora and fauna. In light of all the lapses, the clearances were set aside and the authorities have been re-directed to acquire proper permissions.[Worli Koliwada Nakhwa Matsya Vyavasay Sahkari Society Ltd v Municipal Corporation of Greater Mumbai, Writ Petition (L) No. 560 of 2019, date of judgment: 16.07.2019]
Prepared by Amritananda Chakravorty ([email protected]) and Mihir Samson ([email protected]), Delhi based practicing Advocates.
Bank Nationalisation Has Served The Nation 