What made headlines at the Supreme Court of India?
1) Supreme Court has postponed the INI CET Exam which was scheduled to be conducted by All India Institute of Medical Science (AIIMS) on 16th June, 2021 for at least one month. Court took note of the difficulty of many students who have to give the exam as they may have been doing duty from various far away places as a result of which they may have not had time to prepare. AIIMS will be at liberty to decide any date for conduction the exam.
Bench: Justice MR Shah and Justice Indira Banerjee
Case Title: Dr. Poulami Mondal & Ors. v. All India Institute of Medical Sciences Through its Director & Ors.
2) Supreme Court rejected the prayer for waiver of final year examination in a plea filed by a group of Post Graduate medical resident doctors. While expressing their non inclination for issuance of notice in the prayer for waiver, bench observed that patients cannot be in the hands of someone who has not cleared their PG exam & that it was a policy decision of the Government.
Bench: Justice MR Shah and Justice Indra Banerjee
Case Title: Shashidhar A & Ors v. Union of India
3) The Supreme Court while hinting to transfer the amount of Rs 10 crore received as compensation by Republic of Italy in the italian Marines case to the High Court of Kerala has reserved the matter for orders to be passed next week.The Court also directed Counsel appearing for the Republic of Italy to continue the criminal proceedings against the Italian marines, Massimilano Latorre and Salvatore Girone.
Bench: Justice MR Shah and Justice Indira Banerjee
Case Title: Massimilano Latorre & Ors v UOI & Or
Former Mumbai Police Commissioner Param Bir Singh |
4) Supreme Court dismissed plea by ex-top cop from Mumbai, Parambir Singh, seeking probe into alleged conspiracy aimed at framing him falsely in internal complaints and transfer of all inquiries to another state. Court said that it was shocking for Singh not to have confidence in the state where he served for 30 years. “You were a part of the Maharashtra Cadre. You served the State for 30 years. Now you don't have confidence in your own State? It is shocking”, the bench said.
Bench: Justice Hemant Gupta and Justice V. Ramasubramanian
Case Title: Parambir Singh Vs. State of Maharashtra
5) Opposing Asaram Bapu's interim bail plea sought on medical grounds which is expected to be heard on Friday, the complainant’s father has approached Supreme Court seeking to be impleaded as a party in the same. It has been argued that Asaram being highly influential and politically connected with a force of million of blind followers around the country, if granted bail would organise revenge killing of the child rape victim and her family and of the rape victime and eyewitnesses pending at Surat, Gujarat. Asaram Bapu is seeking suspension of sentence under garb of medical exigency, the Rajasthan Government has also told Supreme Court in a counter filed before it.
Bench: Justice BR Gavai and Justice Krishna Murari
Case Title: Asaram v. State of Rajasthan
6) The Supreme Court has held that dissenting financial creditor, expressing dissent over the value of security interest held by it, cannot seek to challenge an approved Resolution Plan. Court has observed that Section 30 of the Insolvency and Bankruptcy Code, 2016 only seeks to amplify the consideration of the Committee of creditors, keeping in mind the equitable distribution to every creditor, expressing dissent over the value of security interest held by it.
Bench: Justice Vineet Saran and Justice Dinesh Maheshwari
Case title: India Resurgence ARC Pvt Ltd VS Amit Metaliks Ltd& Anr
7) Supreme Court issued directions to State/UTs to file an affidavit stipulating number of prisoners who lost their lives due to COVID19. The bench also added that early release under Section 432 and Section 433A, CrPC shall continue by the State authorities for all entitled inmates.
Bench: Justice Nageswara Rao and Justice Aniruddha Bose
Case Title: In Re: Contagion of COVID 19 Virus in Prisons
8) Supreme Court issued directions for protection of Children who were orphaned or lost a parent due to COVID 19 or otherwise. The bench while issuing guidelines, recorded submission of all parties on Identification, Immediate Relief and Education of such children. Court said that invitation to persons for adoption of orphans is contrary to law as no adoption of a child can be permitted without the involvement of CARA. "Stringent action shall be taken by the State Governments/Union Territories against agencies/individuals who are responsible for indulging in this illegal activity," bench said.
Bench: Justice L. Nageswara Rao and Justice Aniruddha Bose
Case Title: In Re Contagion of COVID 19 Virus In Children Protection Homes
Updates from High Courts & Other Courts across India
1) Justice Anand Venkatesh of Madras High Court has authored a comprehensive judgment detailing directions for protecting those couples who subscribe to the LGBTQ spectrum. Apart from passing the detailed order stipulating interim directions, Justice Venkatesh has observed that substantive equality for LGBTQ Individuals is only possible, if both the society & the law push beyond hetero-normative frameworks simultaneously. Interestingly, the Judge has delved into his inherent biases as well and 2 months after stipulating that his understanding of the LGBTQ issues need more introspection, passed a purposeful order.
2) Madras High Court issued notice to the Centre in a petition challenging Intermediary Rules, 2021.Court issued notice and directed Centre to file counter affidavit within three weeks, listing the matter for hearing on July 8, 2021.The petition is moved by Karnatic music vocalist, cultural critic and 2016 Ramon Magsaysay Awardee, TM Krishna.
3) The Madras High Court directed the state government to make sure that transgenders are included in the vaccination drive. The bench was hearing a plea seeking issuing of corrigendum to the G.O.(Ms) 37 (“GO”) dated 7.5.2021, issued by the Department of Cooperation, Food and Consumer Protection, to extend Covid-19 cash relief Rs.4000/- to transgender persons in Tamil Nadu, who do not possess Ration Cards.
Amravati MP Navneet Rana | PTI File Photo
4) Bombay High Court in its judgment dated June 8, 2021, cancelled the caste certificate of Lok Sabha Member from Amravati, Ms. Navneet Kaur Rana, holding that she obtained the same fraudulently by producing fabricated documents.
5) The Bombay High Court has extended the life of all interim orders passed in Maharashtra and other subordinate courts till July 9 or until further orders in the same. The Full Bench passed the order today in a suo motu writ petition seeking extension of protection to those who are unable to access justice because of the restricted functioning of the courts effected by the COVID-19 pandemic.
6) The Bombay High Court has said that there needs to be some mechanism in place to make the people aware of the chances of non administration of vaccines.
7) Delhi High Court has observed that a law firm must not run a website/ blog to report a case which is sub-judice. Court, vide order dated June 1, directed that a firm ought not to do this as there is every likelihood of losing objectivity in reportage of such proceedings.
8) The Delhi High Court issued notice on a plea challenging an orders issued by the Delhi Government, restricting private schools from collecting Annual charges and Development fees from students in view of the Covid 19 lockdown.
9) Delhi High Court has rejected plea seeking postponement of Foreign Medical Graduates Examination (FMGE), 2021.It was the contention of the Union that contradictory cases are being set up by the petitioners before the Supreme Court and the present Court, clearly making a case of “Forum Shopping”.
