2014 – What happened at the Supreme Court of India

Like the year that preceded it, 2014 turned out to be very eventful for the apex court of the country. Myriad controversies, debates and judgements of significant impact ensured that the Supreme Court of India remained in the news throughout the year..Beginning with allegations of sexual harassment by a law intern, incidents surrounding the Collegium and judges that followed continued to grab headlines. With ten judges retiring, the composition of the Court underwent a drastic change. The year saw the induction of nine new judges including two judges directly from the Bar..While Justice Ganguly episode reached its crescendo during the early months, another Supreme Court judge also got embroiled in a similar controversy – Justice Swatanter Kumar. Just as it seemed that things could not get worse, what followed were allegations of Bench hunting and forum shopping by Senior Advocate Dushyant Dave..Things got more interesting after Justice Lodha’s appointment as the Chief Justice of India (CJI), with his elevation immediately followed by a change in the government at the Centre. What followed was a very public tussle between the judiciary and the executive with Gopal Subramanium’s name, recommended for elevation to judgeship being returned by the government for reconsideration. Subsequently, Subramanium withdrew his candidature but not before he went to the press explaining why he chose to withdraw. The entire episode ended up leaving quite a bad taste..The new government also pushed the National Judicial Appointments Commission Bill which became a law subsequently, effectively replacing the twenty year old Collegium system..With the change in the government at the Centre, a new set of law officers assumed office with Senior Advocate Mukul Rohatgi at the helm. Rohatgi was also at the centre of the controversy surrounding SCBA Library No. 2 along with Senior Advocate Abhishek Manu Singhvi, though the two of them later settled it amicably with the SCBA..The twelve months of 2014 also saw some very significant cases and judgments. While Justice JS Khehar and Justice KS Radhakrishnan took Subrata Roy to task in the SEBI Sahara case, another Bench headed by Justice RM Lodha cancelled all coal block allotments made since 1993..The Court also delivered some landmark judgements. While a Bench headed by the then CJI Justice P Sathasivam held that delay in deciding mercy plea would be a valid ground for commutation of death sentence to life imprisonment, another Bench headed by Justice KS Radhakrishnan ruled that transgender persons are entitled to equal rights and protection under the Constitution – the latter judgement attracting attention worldwide..Later in the year, the Court also declared the National Tax Tribunal Act, 2005 as unconstitutional – a strong message that tribunals cannot be allowed to substitute a court without such tribunals retaining the characteristics of the Courts which it seek to replace..This year also brought the sad news of the demise of former Attorney General Goolam E Vahanvati. Later, Legend of Law Justice VR Krishna Iyer left for heavenly abode few weeks after celebrating his 100th birthday..The year was also witness to some tussle between the Bar and the Bench. The SCBA opposed Justice Lodha’s 365 day work policy and the provisions of the newly framed Supreme Court Rules. The year came to a close with the resignation of Additional Solicitor General L Nageswara Rao and the election of Senior Advocate Dushyant Dave as the new SCBA President..We trace the significant events of 2014 below..January 6: Former Supreme Court judge Justice AK Ganguly resigns from the post of Chairman of West Bengal Human Rights Commission subsequent to allegations of sexual harassment levelled against him by an intern..January 10: Indian Express and IBN Live reports that Justice Swatanter Kumar is the accused judge in the alleged sexual harassment of another law intern..January 13: Supreme Court transfers to itself the petition challenging the recommendation of 12 names made by the Madras High Court Collegium for elevation to the Bench..The law intern, who alleged sexual harassment against Justice Swatanter Kumar, files a PIL in the Supreme Court seeking inquiry against Justice Kumar and the formulation of a redressal mechanism to combat sexual harassment by judicial officers..Court issues notice in a PIL filed by the Madras Bar Association challenging the provisions of Chapter XXVI of the Companies Act which seeks to create National Company Law Tribunal and Appellate Tribunal..January 15: Court issues notice in the PIL filed by law intern alleging sexual harassment against Justice Swatanter Kumar. Court also seeks assistance of Senior Advocates Fali Nariman and PP Rao to formulate a ‘redressal mechanism’..January 21: A three judge Bench comprising the then Chief Justice P Sathasivam and Justices Ranjan Gogoi and Shiva Kirti Singh holds that unexplained and inordinate delay in deciding mercy plea of death row convicts will be a valid ground for commutation of death penalty to life imprisonment..January 28: Court rejects the review petition filed against the Naz Foundation judgement which upheld the Constitutional validity of Section 377 of the Indian Penal code criminalising homosexuality..February 14: Court returns list of 12 names recommended for appointment as judges of Madras High Court..February 17: Justice RK Agarwal and Justice NV Ramana assume charge as Supreme Court judges..February 18: Court commutes to life sentence, the death sentence awarded to three individuals convicted of murdering former Indian Prime Minister Rajiv Gandhi..February 25: Questions arising out of the practice of Euthanasia and ‘living wills’ referred to a Constitution Bench by a three judge Bench of the Supreme Court. The Court also observes that the case of Aruna Shanbaug v. Union of India was wrongly rested upon the premise that the earlier case of Gian Kaur permitted passive Euthanasia..February 26: Non – bailable arrest warrant issued against Subrata Roy for failure to appear before the Court..March 4: Court lodges Subrata Roy and two other Directors in Tihar jail under judicial custody; Gwalior based lawyer smears ink on Roy’s face in Supreme Court premises..March 5, 2014: Court dismisses PIL challenging 12 names recommended by the Madras High Court Collegium for elevation to Bench..March 6: Senior Advocate Dushyant Dave writes to the Chief Justice of India against Supreme Court judge Justice CK Prasad alleging “gross abuse of the process of the court.” (Reported by B&B on March 6).March 9: Justice HL Gokhale retires..March 10: Court directs trial courts to complete proceedings against sitting MPs and MLAs within one year of framing of charge in cases involving punishment of two years or more..March 12: Habeas Corpus petition filed in the Supreme Court seeking release of Sahara Group Chief Subrata Roy from judicial custody..March 24: Senior Advocate Dushyant Dave alleges forum shopping in Supreme Court; says Court no. 10 is a chosen court for builders from Bombay..March 28: Court refuses to interfere with the age of Juvenility in the Juvenile Justice Act; Dismisses Subramanian Swamy’s PIL praying to read down the provisions of the Act to account for the mental and intellectual capacity of the juvenile offender..April 15: In a landmark judgment, Court recognises Trasngender persons as third gender and holds that they are entitled to the same Constitutional and legal rights as any other citizen..April 21: Supreme Court lifts Goa mining ban but caps annual mining at 20 million tonnes..April 24: Court constitutes a three member committee to review its selection process of Law Clerks and Research Assistants. (Reported by B&B on April 24).April 26: Chief Justice P Sathasivam retires..April 27: Justice Gyan Sudha Misra retires..Read the farewell report of both judges here. .April 27: Justice RM Lodha takes oath as the new Chief Justice of India..May 6: Court holds minority schools to be exempt from the RTE Act..Court delivers judgment in the Habeas Corpus petition filed by Subrata Roy; Refuses to release Roy and slams Roy’s lawyers for psychological offensives, mindgames and consciously planned snubs. Justice JS Khehar recuses from the matter..Court strikes down Section 6A (1)(a) and (b) of the Delhi Special Police Establishment Act as unconstitutional..May 9: Final working day for three Supreme Court judges – Justice KS Radhakrishnan, Justice SS Nijjar and Justice AK Patnaik..May 14: CJI Lodha Collegium recommends Rohinton Nariman, Gopal Subramanium for Supreme Court judgeship. (Reported by B&B on May 14).May 28: Senior Advocate Mukul Rohatgi appointed Attorney General for India..June 9: Senior Advocate Ranjit Kumar takes charge as the Solicitor General for India..June 19: Law Ministry asks Supreme Court to reconsider Gopal Subramanium’s elevation to the Bench..June 25: Gopal Subramanium withdraws consent to be elevated as Supreme Court judge..July 1: CJI RM Lodha expresses disappointment over Gopal Subramanium’s withdrawal of consent, reiterates independence of judiciary will not be compromised..Justice BS Chauhan retires..July 3: Supreme Court Bar Association hits out at Senior Advocate Abhishek Manu Singhvi; Passes a resolution that Supreme Court Library No. 2 will no longer be described as Dr. LM Singhvi library..July 7: Justice Arun Mishra, Justice AK Goel and Justice Rohinton Nariman assume charge as Supreme Court judges. Justice Nariman becomes the fifth person in the history of the Supreme Court to be elevated to the Bench directly from the Bar. The last such elevation was of Justice Santosh Hegde in 1999..July 14: Justice CK Prasad retires..July 21: SCBA resolves to name library no. 2 as SCBA Library II after Mukul Rohatgi, AM Singhvi make joint proposal..July 22: Supreme Court gets new Rules; Summer Vacation cut down to seven weeks..August 4: Additional District Judge in Gwalior resigns after alleged sexual harassment by sitting Madhya Pradesh High Court judge. (Reported by B&B on August 4).August 5: Supreme Court overrules its own judgment in Shankaran Vaidyan Balan and holds that jurisdiction of S. 138 cases will be where drawee bank is situated..August 13: SCBA files writ petition challenging certain provisions of the newly framed Supreme Court Rules, 2013..Justices Abhay Manohar Sapre, R Banumathi, Prafulla Chandra Pant and UU Lalit assume Supreme Court judgeship. Justice Lalit become the sixth Supreme Court elevation from the Bar..August 20: Court agrees to consider SCBA’s representation on the Supreme Court Rules, 2013..August 25: Supreme Court refuses to entertain PILs challenging the Constitutional validity of Judicial Appointments Commission on the ground that they are premature..SC holds coal block allocations illegal, reserves decision on quashing..August 26: Gwalior District judge petitions Supreme Court seeking inquiry into her allegations against sitting Madhya Pradesh High Court judge. (Reported by B&B on August 26).August 31: Former CJI P Sathasivam appointed Governor of Kerala. (Reported by B&B on August 31).September 2: Court rules that death penalty review petitions must be heard in open court..Former Attorney General Goolam E Vahanvati passes away..September 24: Supreme Court cancels 214 coal block allocations made since 1993..September 25: Court strikes down Constitutional validity of National Tax Tribunal Act, 2005..September 27: Chief Justice RM Lodha retires..September 28: Justice HL Dattu takes charge as the new Chief Justice of India..October 14: SCBA votes in favour of capping all SCBA posts for a maximum of four years..October 17: Supreme Court grants bail to Jayalalithaa after Karnataka High Court refuses bail..October 27: Supreme Court enhances law clerks’ stipend to Rs. 30,000 per month..October 28: Court dismisses Surinder Koli’s review petition – the first review petition heard in open court..October 29: Justice Ranjana Prakash Desai, the fifth woman judge of the Supreme Court, retires..October 30: Court issues notice in Subramanian Swamy’s petition challenging the Constitutionality of criminal defamation provisions in the Indian Penal Code and Code of Criminal Procedure..November 11: BCI mandates five years practice experience in trial courts and High Courts as a pre-condition to practice in Supreme Court..November 12: Court dismisses plea by State Bar Councils seeking upper age limit for enrolment..November 19: Supreme Court E-Committee rejects proposal to record court proceedings. (Reported by B&B on November 19) .November 20: Court removes CBI Director Ranjit Sinha from the investigation of 2G scam..November 26: Supreme Court celebrates National Law Day..November 27: Justice CK Prasad takes charge as the new Chairman of Press Council of India succeeding former Supreme Court judge, Justice Markandeya Katju..December 3: Supreme Court constitutes Social Justice Bench..December 4: Justice VR Krishna Iyer, whose tenure at the Supreme Court had a tremendous impact on social jurisprudence of the country, passes away..December 15: Additional Solicitor General L Nageswara Rao resigns citing personal reasons..December 16: Court directs Karnataka High Court to hear the petition concerning the controversy surrounding designation of Senior Advocates..December 17: Senior Advocate Dushyant Dave elected President of the SCBA..December 18: Court directs re-initiation of investigation in alleged MP High Court judge sexual harassment episode..Image Courtesy:.Justice VR Krishna Iyer.Justice JS Khehar.Transgender.Justice HL Dattu