The Week that Was: The Supreme Court of India

It was a slow week for the Supreme Court, with the Nirbhaya hearing on hold due to Justice Dipak Misra’s absence. The apex court did, however, pronounce judgments in a few matters..Below are a few important events this past week at Supreme Court..August 1.Ex-CM’s have no right to occupy government bungalows,.The Court struck down the Constitutional validity of Rules formulated by Uttar Pradesh government which allowed former Chief Ministers to occupy government bungalows for life..The judgment was delivered by a Bench of Justices Anil R Dave, NV Ramana and R Banumathi in a petition filed in 2004 by Lok Prahari. The Court had reserved judgment in the case in November 2014..The Court reasoned that the allotment of government bungalows to former Chief Ministers is bad in law and directed former Chief Ministers in occupation of such bungalows to vacate the same within two months..Plea against Amit Shah in the Sohrabbudin encounter dismissed.The Court rejected Harsh Mandar’s challenge against the discharge of BJP President Amit Shah in the Sohrabuddin encounter case. The Supreme Court dismissed his plea challenging the Bombay High Court order refusing to entertain his plea..A Bench of Justices SA Bobde and Ashok Bhushan heard Senior Advocates Kapil Sibal and Harish Salve, appearing for Mandar and Shah respectively, before dismissing the matter with a curt “rejected”..The case of Sohrabuddin’s encounter killing was heard by a Special CBI court, which had discharged Amit Shah in 2014. Subsequently, Sohrabuddin’s brother Rubadudin had challenged the same in Bombay High Court, but had later withdrawn his petition citing ill-health. Mandar had then moved the High Court against the discharge of Shah, but his plea had been rejected..Apex court to re-visit definition of ‘terrorist’.This case calls for revisiting Justice Markandey Katju’s judgment stating that mere membership of a terrorist organization does not constitute a terrorist activity, per se. Action must be taken in accordance with the philosophy of the organization, or an act of violence must be undertaken..However, this week, Justice Khehar opined that the factum of continuing membership, despite knowing about the activities of a particular organization, constitutes and act greater than ‘mere membership’..Unverified telephone subscribers under the scanner, notice issued to Centre.The Supreme Court admitted a PIL regarding regulation of unverified telephone subscribers. The petitioner has submitted suggestions for the court’s consideration..Notice was issued to the Ministry of Telecom, requesting a reply as to why the directions in the case of Avishek Goenka have not been complied with..August 2.Kandhamal Riots: Court directs enhanced compensation.A Bench of Chief Justice TS Thakur and Justice UU Lalit directed the Odisha government to pay additional compensation to the victims of communal violence in Kandhamal district of Odisha. The violence, which occurred in 2008 against Christians had resulted in the death of around 50 besides damage to houses and property..August 3.SC refuses to answer Amar Singh and Jaya Prada’s questions after hearing them at length.After six long years of hearing, the Court refused to answer the queries of politicians, Amar Singh and Jaya Prada on anti-defection law. This decision was taken by a Bench presided by Justice Ranjan Gogoi..The primary question before the court was whether an expelled MP/MLA could be disqualified from the House, if he or she defied party whip..Supreme Court refusing to answer the question means that law makers will have to adhere to the party whip even after expulsion from the party in order to avoid action under anti-defection law..Sahara Chief to deposit 300 crore, will stay out of jail for another month.The Court directed Sahara chief, Subrata Roy to deposit 300 crore by September 16 to stay outside jail. Accordingly, his parole has been extended till the same date. Sahara has already sold properties worth 195.07 crores, and permission to sell certain other properties via e-auction, in order to discharge the principal obligation, has been granted..August 4.Details of unsafe sterilizations in the country laid bare.The PIL regarding sterilization and implementation of directions pertaining to the same by various States left the Centre trying to oppose allegations of its inaction in the matter. The petitioner had brought to the notice of the court, various unhealthy and unsafe and unethical sterilizations conducted across the country, especially Bihar and Chhattisgarh..Around 14 women had lost their lives in Chhattisgarh following these sterilizations..Senior counsel Colin Gonsalves alleged that these sterilizations occur in collusion with local authorities and civil surgeons, and submitted a list of suggestions, based on the Supreme Court’s order in Ramakant Rai v. Union of India, while ASG Pinky Anand explained the steps taken by the Centre to monitor this issue..August 5.Supreme Court voices concern over milk adulteration.Expressing serious concern over adulteration of milk and dairy products, The Court issued a slew of directions to combat the same..It also asked the Central government to consider making suitable amendments to penal provisions at par with certain State amendments which lay down life imprisonment as punishment for food adulteration. Read the full judgment here..Centre submits status report on violence in Kashmir.J&K National Panthers Party had filed a petition for imposing Governor’s rule in Jammu and Kashmir, owing to the law and order situation prevailing there..In the last hearing, the Supreme Court has requested a status report from Solicitor General on situation in Jammu & Kashmir, but declined JKNPP’s plea for Governor rule..The Central government on Friday submitted a status report regarding the situation in the valley. As per the same, law and order situation is improving in the valley with incidents of violence having reduced from 201 in July to 11 in August. The report also contains details about the number of casualties, injured persons, nature of injuries and health and other amenities provided to those affected/ injured.