A summary of important cases from the causelists of the Supreme Court, the Bombay High Court, and the Delhi High Court. .Supreme Court of India.For Order.Re-Inhuman Conditions in 1382 Prisons.[Item 1B in court 8 – Writ Petition (Civil) 406/2013].Bench: Madan B Lokur, RK Agrawal J..Order in the case pertaining to inhuman treatment of prisoners and under-trials in jails..When the case was last heard, the Bench had sought clarification from the Central Government on the following issues:.Establishment of an under-trial review committee in every district, which the Bench noted that it had not yet been done.Setting up of a software for prison management. ASG Neeraj Kishan Kaul representing the Centre stated that ten states have come ‘on-board’ for this project and necessary funds have also been allocated for the said purpose.Preparation of a model prison manual. The ASG informed the Court that this had already been complied with.Similar prison manual to be prepared for juveniles/child offenders.Creche facility in the jails.Release of under-trial prisoners in Uttar Pradesh and Maharashtra.Framing of a list of compoundable offences..Today in court: The Court today issued eight directions to ensure better conditions for prisoners. The directions have stressed on the need to release undertrial prisoners by securing proper legal aid for them. The court has also directed that the police officers in charge of prisons should utilize the funds properly so that living conditions of prisoners is commensurate with human dignity and issues of health, hygiene, food, clothing, rehabilitation etc. of prisoners are addressed properly. Read the order of the court here..1. In Re: Harassment & Physical Abuse of Ambika Das, Advocate Commissioner of Police & Ors..[Item 3 in court 1 – Suo-moto Writ Petition (Crl.) 92/2014].Bench: Chief Justice TS Thakur, AK Sikri, R Banumathi JJ..Suo motu case based on the letter of woman lawyer Ambika Das alleging that some policemen and others manhandled her inside the Lajpat Nagar police station when she had gone to serve a copy of a judicial order..Check evening updates..Today in court: This case was adjourned..2. Common Cause (A Regd. Society) v. Union of India & Anr.[Item 502 in court 2 – Writ Petition (Civil) 215/2005].Bench: Anil R Dave, Kurian Joseph, Shiva Kirti Singh, AK Goel, Rohinton Fali Nariman JJ..A petition seeking a declaration to the effect that the ‘right to die with dignity’ be held a facet of the right to life under Article 21 of the Constitution. It had also prayed for a direction to the Centre and States to adopt suitable procedure to ensure that the persons with deteriorating health or the terminally ill be allowed to execute a document, viz., a ‘living will & Attorney authorization’. This document could then be presented to a hospital for appropriate action in the event the executant’s health worsens..A 3-judge Bench of the Court had referred the matter to a Constitution Bench. Read more about that decision here..Today in court: The Centre informed the court today that it is examining the Law Commission’s report advocating passive euthnasia and a Bill is likely to be drafted after a report is received from the Law Ministry. The matter was deferred for a week and the case has now been posted for February 12 when the Centre can make its stand clear based on the report from the Law Ministry..3. State of Maharashtra v. Salman Salim Khan.[Item 19 in Court 3 – SLP (Civil) 704/2016].Bench: Jagdish Singh Khehar, C Nagappan JJ..An appeal by the State of Maharashtra against the High Court’s acquittal of actor Salman Khan in the hit and run case..Today in court: Attorney General Mukul Rohatgi appeared for the State of Maharashtra and submitted that the judgment of the High Court is “perverse” and “improper” and that there is enough evidence to convict Khan. He also attacked the defence put up by Khan that it was Khan’s driver who was at the wheels at the time of accident. The hearing will continue on February 12. No notice has been issued yet. Read the full story here..4. In Re: Muslim Women’s Quest for Equality.[Item 7 in Court 1 – Suo-moto Writ Petition (Civil) 2/2015].Bench: Chief Justice TS Thakur, AK Sikri, R. Banumathi JJ..A suo moto petition registered by the Supreme Court after taking cognizance of discrimination faced by Muslim women in the personal sphere relating to marriage and divorce. The Court has issued notice to the Central government, and the National Legal Services Authority..This action came from a Bench of Justices Anil R Dave and AK Goel as part of a judgment delivered by them in a case relating to the retrospective application of Hindu Succession (Amendment) Act, 2005. Read more about it here..Today in court: When the matter came up for hearing, Muslim organisation Jamiat Ulama-i-Hind submitted that they have filed an impleadment application in the matter. The Court allowed them to intervene in the case and granted six weeks time to file its reply..5. Nabam Rebia v. Registrar General, Gauhati High Court and Ors..[Item 501 in court 3 at 2 pm – SLP (Civil) 876/2016].Bench: Jagdish Singh Khehar, Dipak Misra, Madan B Lokur, PC Ghose, NV Ramana JJ..This case pertains to the removal of Arunachal Pradesh Speaker Nabam Rebia and is an appeal against the decision of the Gauhati High Court..Recently, the Union Cabinet recommended imposition of President’s Rule in the State which has been challenged by the Congress party..When the matter was heard yesterday, Senior Advocate Rakesh Dwivedi, appearing for rebel Congress MLAs, submitted today that it was not obligatory for the Governor to take the aid and advice of the Chief Minister and his council of ministers in summoning the assembly session and that the Governor can act on his own in “exceptional” and “special” circumstances. The Court proceeded to summon dispatch records containing details of correspondences of Arunachal Pradesh assembly from October till date. The Court also remarked that it cannot remain silent “if democracy is slaughtered”. The hearing will resume today..6. Amar Singh v. Union of India .[Item 301 in court 7 – Writ Petition (Civil) 317/2010].Bench: Ranjan Gogoi, Arun Mishra, Prafulla C Pant JJ..A petition filed by former Samajwadi politicians Amar Singh and Jaya Prada pertaining to applicability and scope of anti –defection laws..Check evening updates..7. Karma Dorjee & Ors v. Union of India & Ors.[Item 28 in Court 1 – Writ Petition (Civil) 103/2014].Bench: Chief Justice TS Thakur, AK Sikri, R Banumathi JJ..Petition filed in the aftermath of the murder of Nido Taniam from Arunachal Pradesh. Taniam was assaulted in Delhi and succumbed to his injuries. The petitioner has sought for a mechanism to deal with race related crimes. Read more about the case here..When the matter was last heard, Additional Solicitor General Maninder Singh had submitted that steps that have been taken in Delhi will be advocated for being taken in other parts of the country as well. He had further submitted that the guidelines, if any, that have been framed pending legislation, will also be placed before the court and if there are no such guidelines, the process for framing them will be taken up quickly..Today in court: This case could not be tracked. Any update/ information would be appreciated..8. Gaurav Kumar Bansal v. Union of India & Anr.[Item 24 in court 1 – Writ Petition (Civil) 38/2016].Bench: Chief Justice TS Thakur, AK Sikri, R. Banumathi JJ.A fresh public interest litigation petition. Check evening updates..Today in court: This case could not be tracked. Any update/ information would be appreciated..9. Samaj Bachao Mission Committee v. Union of India and Ors..[Item 54 in court 1 – Writ Petition (Civil) 42/2016].Bench: Chief Justice TS Thakur, AK Sikri, R Banumathi JJ..A fresh public interest litigation. Check evening updates..Today in court: This case could not be tracked. Any update/ information would be appreciated..Delhi High Court.1. Mr. Arun Jaitley v. Arvind Kejriwal & Ors..[Item 9- CS(OS) 3457/2015].Bench- Joint Registrar (Judicial) Sh. Kovai Venugopal.A civil suit filed by Arun Jaitley against Arvind Kejriwal over comments made by the latter linking Jaitley in the scam relating to Delhi District and Cricket Association (DDCA). Jaitley had claimed damages to the tune of Rs. 10 crore..On the last date of hearing, the Registrar had issued notice and granted the Respondents three weeks’ time to file his reply..Today in Court- The Court granted an extension of three weeks to the Respondents for filing their replies to the replication filed by Jaitley. Jaitley’s legal time that was represented by Senior Advocates Rajeev Nayyar & Pratibha M Singh also sought time for filing their rejoinder to the replies filed by the Respondents. This request was granted and now the case will be taken up on March 15..2. Mahyco Monsanto Biotech (India) Pvt Ltd & Anr. v. Union of India & Ors..[Item 35, Court 10- W.P.(C) 12069/2015].Bench- Manmohan J..Petition filed by Mahyco Monsanto Biotech (MMB), a joint venture company between India based Mahyco and US-based Monsanto which challenges the decision of the Ministry of Agriculture to bring genetically modified (BT) cotton seeds under price control..Today in Court- The Bench refused to stay the decision of the Ministry and also stated that any future course of action by the company would be subject to orders of the Court. The case will now be heard on March 4..3. Harender Kumar v. Bar Council of India & Ors..[Item 20, Court 12- W.P.(C) 860/2016].Bench- RS Endlaw J..Check evening updates..Today in Court- This case was adjourned to be heard on February 22..Bombay High Court.1. High court on its own motion v. State of Maharashtra.[Item 3 Court 43 – PIL(C)/150/2015].Bench: V.M. Kanade, Revati Mohite Dere JJ..A Suo moto PIL tagged along with PIL No.2 of 2015, Senior counsel Mihir Desai is the Amicus Curiae in the case..Today in court: Mihir Desai appeared for the petitioners, he submitted a report prepared by Tata Institute of Social Sciences(TISS).The report documents a census of street children in the city..The state government and BMC will mull over the report and file a reply accordingly.The next hearing is in 4 weeks..2. India Centre for Human Rights & Law & 2 ors. v. Union of India & 3 ors..[Item 4 Court 43 – PIL(O)/27/2007].Bench: V.M. Kanade, Revati Mohite Dere JJ..A PIL seeking the effective implementation of the provisions of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act of 1955..The petitioners seek facilities for disabled persons on the railway stations..Suresh Kumar is the counsel for Central Railways and Mihir Desai is appearing for the petitioners..Today in court: The matter did not come up today since the daily board was suspended in the afternoon session..3. Nazir Noor Ali Jariya v. All India Muslim personal law board..[Item 21 Court 43 – PIL(O)/56/2014].Bench: V.M. Kanade, Revati Mohite Dere JJ..A PIL claiming that matters relating to matrimonial dispute or other matters are only within the jurisdiction of civil courts or Family Courts. Relying upon the observations made by the Madhya Pradesh High Court in Mohd. Zahir Khan Koti v. Masaajid Committee, the petitioner says that the functioning of the Darul-Quza does not have any statutory support..Notice was issued in June, 2014..Today in court: The matter could not be taken up today as the daily board was suspended..4. The Association of Hospitals Mumbai & Anr. v. State of Maharashtra & 4ors..[Item 14 Court 31 – W.P.(O)/2180/2013].Bench: S.C. Dharamadhikari, G.S. Patil JJ..Today in court: The matter could not be taken up.
A summary of important cases from the causelists of the Supreme Court, the Bombay High Court, and the Delhi High Court. .Supreme Court of India.For Order.Re-Inhuman Conditions in 1382 Prisons.[Item 1B in court 8 – Writ Petition (Civil) 406/2013].Bench: Madan B Lokur, RK Agrawal J..Order in the case pertaining to inhuman treatment of prisoners and under-trials in jails..When the case was last heard, the Bench had sought clarification from the Central Government on the following issues:.Establishment of an under-trial review committee in every district, which the Bench noted that it had not yet been done.Setting up of a software for prison management. ASG Neeraj Kishan Kaul representing the Centre stated that ten states have come ‘on-board’ for this project and necessary funds have also been allocated for the said purpose.Preparation of a model prison manual. The ASG informed the Court that this had already been complied with.Similar prison manual to be prepared for juveniles/child offenders.Creche facility in the jails.Release of under-trial prisoners in Uttar Pradesh and Maharashtra.Framing of a list of compoundable offences..Today in court: The Court today issued eight directions to ensure better conditions for prisoners. The directions have stressed on the need to release undertrial prisoners by securing proper legal aid for them. The court has also directed that the police officers in charge of prisons should utilize the funds properly so that living conditions of prisoners is commensurate with human dignity and issues of health, hygiene, food, clothing, rehabilitation etc. of prisoners are addressed properly. Read the order of the court here..1. In Re: Harassment & Physical Abuse of Ambika Das, Advocate Commissioner of Police & Ors..[Item 3 in court 1 – Suo-moto Writ Petition (Crl.) 92/2014].Bench: Chief Justice TS Thakur, AK Sikri, R Banumathi JJ..Suo motu case based on the letter of woman lawyer Ambika Das alleging that some policemen and others manhandled her inside the Lajpat Nagar police station when she had gone to serve a copy of a judicial order..Check evening updates..Today in court: This case was adjourned..2. Common Cause (A Regd. Society) v. Union of India & Anr.[Item 502 in court 2 – Writ Petition (Civil) 215/2005].Bench: Anil R Dave, Kurian Joseph, Shiva Kirti Singh, AK Goel, Rohinton Fali Nariman JJ..A petition seeking a declaration to the effect that the ‘right to die with dignity’ be held a facet of the right to life under Article 21 of the Constitution. It had also prayed for a direction to the Centre and States to adopt suitable procedure to ensure that the persons with deteriorating health or the terminally ill be allowed to execute a document, viz., a ‘living will & Attorney authorization’. This document could then be presented to a hospital for appropriate action in the event the executant’s health worsens..A 3-judge Bench of the Court had referred the matter to a Constitution Bench. Read more about that decision here..Today in court: The Centre informed the court today that it is examining the Law Commission’s report advocating passive euthnasia and a Bill is likely to be drafted after a report is received from the Law Ministry. The matter was deferred for a week and the case has now been posted for February 12 when the Centre can make its stand clear based on the report from the Law Ministry..3. State of Maharashtra v. Salman Salim Khan.[Item 19 in Court 3 – SLP (Civil) 704/2016].Bench: Jagdish Singh Khehar, C Nagappan JJ..An appeal by the State of Maharashtra against the High Court’s acquittal of actor Salman Khan in the hit and run case..Today in court: Attorney General Mukul Rohatgi appeared for the State of Maharashtra and submitted that the judgment of the High Court is “perverse” and “improper” and that there is enough evidence to convict Khan. He also attacked the defence put up by Khan that it was Khan’s driver who was at the wheels at the time of accident. The hearing will continue on February 12. No notice has been issued yet. Read the full story here..4. In Re: Muslim Women’s Quest for Equality.[Item 7 in Court 1 – Suo-moto Writ Petition (Civil) 2/2015].Bench: Chief Justice TS Thakur, AK Sikri, R. Banumathi JJ..A suo moto petition registered by the Supreme Court after taking cognizance of discrimination faced by Muslim women in the personal sphere relating to marriage and divorce. The Court has issued notice to the Central government, and the National Legal Services Authority..This action came from a Bench of Justices Anil R Dave and AK Goel as part of a judgment delivered by them in a case relating to the retrospective application of Hindu Succession (Amendment) Act, 2005. Read more about it here..Today in court: When the matter came up for hearing, Muslim organisation Jamiat Ulama-i-Hind submitted that they have filed an impleadment application in the matter. The Court allowed them to intervene in the case and granted six weeks time to file its reply..5. Nabam Rebia v. Registrar General, Gauhati High Court and Ors..[Item 501 in court 3 at 2 pm – SLP (Civil) 876/2016].Bench: Jagdish Singh Khehar, Dipak Misra, Madan B Lokur, PC Ghose, NV Ramana JJ..This case pertains to the removal of Arunachal Pradesh Speaker Nabam Rebia and is an appeal against the decision of the Gauhati High Court..Recently, the Union Cabinet recommended imposition of President’s Rule in the State which has been challenged by the Congress party..When the matter was heard yesterday, Senior Advocate Rakesh Dwivedi, appearing for rebel Congress MLAs, submitted today that it was not obligatory for the Governor to take the aid and advice of the Chief Minister and his council of ministers in summoning the assembly session and that the Governor can act on his own in “exceptional” and “special” circumstances. The Court proceeded to summon dispatch records containing details of correspondences of Arunachal Pradesh assembly from October till date. The Court also remarked that it cannot remain silent “if democracy is slaughtered”. The hearing will resume today..6. Amar Singh v. Union of India .[Item 301 in court 7 – Writ Petition (Civil) 317/2010].Bench: Ranjan Gogoi, Arun Mishra, Prafulla C Pant JJ..A petition filed by former Samajwadi politicians Amar Singh and Jaya Prada pertaining to applicability and scope of anti –defection laws..Check evening updates..7. Karma Dorjee & Ors v. Union of India & Ors.[Item 28 in Court 1 – Writ Petition (Civil) 103/2014].Bench: Chief Justice TS Thakur, AK Sikri, R Banumathi JJ..Petition filed in the aftermath of the murder of Nido Taniam from Arunachal Pradesh. Taniam was assaulted in Delhi and succumbed to his injuries. The petitioner has sought for a mechanism to deal with race related crimes. Read more about the case here..When the matter was last heard, Additional Solicitor General Maninder Singh had submitted that steps that have been taken in Delhi will be advocated for being taken in other parts of the country as well. He had further submitted that the guidelines, if any, that have been framed pending legislation, will also be placed before the court and if there are no such guidelines, the process for framing them will be taken up quickly..Today in court: This case could not be tracked. Any update/ information would be appreciated..8. Gaurav Kumar Bansal v. Union of India & Anr.[Item 24 in court 1 – Writ Petition (Civil) 38/2016].Bench: Chief Justice TS Thakur, AK Sikri, R. Banumathi JJ.A fresh public interest litigation petition. Check evening updates..Today in court: This case could not be tracked. Any update/ information would be appreciated..9. Samaj Bachao Mission Committee v. Union of India and Ors..[Item 54 in court 1 – Writ Petition (Civil) 42/2016].Bench: Chief Justice TS Thakur, AK Sikri, R Banumathi JJ..A fresh public interest litigation. Check evening updates..Today in court: This case could not be tracked. Any update/ information would be appreciated..Delhi High Court.1. Mr. Arun Jaitley v. Arvind Kejriwal & Ors..[Item 9- CS(OS) 3457/2015].Bench- Joint Registrar (Judicial) Sh. Kovai Venugopal.A civil suit filed by Arun Jaitley against Arvind Kejriwal over comments made by the latter linking Jaitley in the scam relating to Delhi District and Cricket Association (DDCA). Jaitley had claimed damages to the tune of Rs. 10 crore..On the last date of hearing, the Registrar had issued notice and granted the Respondents three weeks’ time to file his reply..Today in Court- The Court granted an extension of three weeks to the Respondents for filing their replies to the replication filed by Jaitley. Jaitley’s legal time that was represented by Senior Advocates Rajeev Nayyar & Pratibha M Singh also sought time for filing their rejoinder to the replies filed by the Respondents. This request was granted and now the case will be taken up on March 15..2. Mahyco Monsanto Biotech (India) Pvt Ltd & Anr. v. Union of India & Ors..[Item 35, Court 10- W.P.(C) 12069/2015].Bench- Manmohan J..Petition filed by Mahyco Monsanto Biotech (MMB), a joint venture company between India based Mahyco and US-based Monsanto which challenges the decision of the Ministry of Agriculture to bring genetically modified (BT) cotton seeds under price control..Today in Court- The Bench refused to stay the decision of the Ministry and also stated that any future course of action by the company would be subject to orders of the Court. The case will now be heard on March 4..3. Harender Kumar v. Bar Council of India & Ors..[Item 20, Court 12- W.P.(C) 860/2016].Bench- RS Endlaw J..Check evening updates..Today in Court- This case was adjourned to be heard on February 22..Bombay High Court.1. High court on its own motion v. State of Maharashtra.[Item 3 Court 43 – PIL(C)/150/2015].Bench: V.M. Kanade, Revati Mohite Dere JJ..A Suo moto PIL tagged along with PIL No.2 of 2015, Senior counsel Mihir Desai is the Amicus Curiae in the case..Today in court: Mihir Desai appeared for the petitioners, he submitted a report prepared by Tata Institute of Social Sciences(TISS).The report documents a census of street children in the city..The state government and BMC will mull over the report and file a reply accordingly.The next hearing is in 4 weeks..2. India Centre for Human Rights & Law & 2 ors. v. Union of India & 3 ors..[Item 4 Court 43 – PIL(O)/27/2007].Bench: V.M. Kanade, Revati Mohite Dere JJ..A PIL seeking the effective implementation of the provisions of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act of 1955..The petitioners seek facilities for disabled persons on the railway stations..Suresh Kumar is the counsel for Central Railways and Mihir Desai is appearing for the petitioners..Today in court: The matter did not come up today since the daily board was suspended in the afternoon session..3. Nazir Noor Ali Jariya v. All India Muslim personal law board..[Item 21 Court 43 – PIL(O)/56/2014].Bench: V.M. Kanade, Revati Mohite Dere JJ..A PIL claiming that matters relating to matrimonial dispute or other matters are only within the jurisdiction of civil courts or Family Courts. Relying upon the observations made by the Madhya Pradesh High Court in Mohd. Zahir Khan Koti v. Masaajid Committee, the petitioner says that the functioning of the Darul-Quza does not have any statutory support..Notice was issued in June, 2014..Today in court: The matter could not be taken up today as the daily board was suspended..4. The Association of Hospitals Mumbai & Anr. v. State of Maharashtra & 4ors..[Item 14 Court 31 – W.P.(O)/2180/2013].Bench: S.C. Dharamadhikari, G.S. Patil JJ..Today in court: The matter could not be taken up.
