The Week That Was: The Supreme Court of India

The Supreme Court of India sat for only three days this week, with a special hearing held for the Cauvery dispute on Monday. Despite being short on time, the Supreme Court managed to deliver on some long pending, and eagerly awaited matters..September 12.Karnataka Tamil Nadu tussle continues all week despite Court order.In a Special hearing, the Court modified its order of September 5 and asked Karnataka to release 12,000 cusecs of Cauvery water to Tamil Nadu per day till September 20. The earlier order asked for 15,000 cusecs to be released daily for 10 days, triggering violent protests and attacks in both states..The Court also said that the State governments should ensure that law and order is maintained and the Court’s order is implemented. Following the order, people from both States exploded in a dangerously violent display of dissatisfaction with the Court’s verdict..Later in the week, the Supreme Court was again forced to hear the petition of a Kanyakumari-based activist who requested the apex court to direct Karnataka and Tamil Nadu to take strict action against those indulging in violence over the sharing of water..The Court issued guidelines in dealing with such law and order situations, and ordered the citizens to refrain from taking the law into their own hands..September 14.“Hurriyat leaders not separatists”, says Court.A PIL that sought to stop Central funds and security being given to ‘separatists’ in Kashmir was dismissed by a Bench presided over by Justice Dipak Misra. The Court remarked that earmarking funds for States was the Executive’s prerogative and the Court cannot sit in judgment over the same..The Court also slammed advocate ML Sharma for calling Hurriyat leaders ‘separatists’ and refused to use that term in its order..States directed to phase out unethical sterilizations within three years.In a major victory for reproductive rights champions, a judgment was passed ordering the government to shut down “sterilisation camps” within three years following the deaths of hundreds of largely poor rural women across the country..The 51-page judgment came in a petition filed by activist Devika Biswas who laid bare the horrors of a January 7, 2012 mass sterilisation procedure done on 53 women at a school compound in Araria district of Bihar. She also cited the example of Chattisgarh where several women died after undergoing botched sterilisation operations performed under similar negligence..Centre denies ‘logjam’ in judicial appointments, raises startling facts on default by States.In a PIL filed by advocate Ashwini Kumar Upadhyay, Attorney General Mukul Rohatgi defended the Central government by saying that judicial appointments were the topmost priority for the executive, and that files were being processed to ensure that the appointments are made as fast as possible..He explained that the delay was not always a deficiency on the part of the executive, and that sometimes the default was on the part of the concerned High Court collegium. For example, the Allahabad High Court had informed the Centre of a vacancy seven years after it arose, contributing to the huge number of vacancies..September 15.Soumya rapist to undergo life imprisonment.The death penalty awarded by the trial court to the rapist of Soumya was set aside after the Court opined that the charge of murder was doubtful. The Court, however, upheld the charge of rape and the punishment of life imprisonment awarded for the same..While many felt that the judgment was ‘soft’ on the perpetrator, who is a habitual offender, what really caught the attention of media outlets were the views of a former Supreme Court judge Markandey Katju J. Justice Katju, controversy’s favourite child, has come up with his own reasons as to why the judgment is flawed and has now offered his legal services to the Kerala government..Special Courts to try tainted netas and judges, but will SC give its assent?.The Apex Court issued notice to the Election Commission of India and the Central government, in a PIL praying that criminal cases involving members of legislature, parliament and judiciary should be tried by special courts..The primary grievance of petitioner and BJP spokesperson Ashwini Kumar Upadhyaya is that a convicted member of State Legislature or Parliament is more advantageously placed than their counterparts in the executive or judiciary since MPs and MLAs can contest elections after the expiry of a period of 6 years from the date of conviction..September 16.Supreme Court clears the way for metro projects.The Supreme Court has stayed the operation of a National Green Tribunal (NGT) order asking Indian Railways and Delhi Metro Rail Corporation (DMRC) to seek environmental clearances for their projects, accepting the petitioners’ contention that their projects would get delayed due to the obtaining of clearances..Shahabbudin release triggers panicked petitions.Petitions have been filed against the release of politician Shahabuddin both by the Bihar government, as well as by Chandrakeshwar Prasad, whose three sons were allegedly killed by Shahabuddin. Advocate Prashant Bhushan is representing Prasad in the matter..Twitterati had erupted in anger at the release of the influential and trigger-happy former gangster. See some of their reactions below.