The Week that Was: The Supreme Court of India

This past week, the Supreme Court of India was more focused on the apex court’s own functioning. From issues like the appointment of judges, to creche fees, the apex court seemed to have done it all..Some highlights from last week..July 8.“Microscopic evaluation of criminal trial not permissible”.After a week long sabbatical, owing to the absence of Dipak Misra J, advocate ML Sharma argued that the executive-judiciary were colluding to make a scapegoat out of his client..This did not rest well with Misra J., who asserted that there needs to be a limit to the evaluation of the trial process..The appointment of judicial officers in Arunachal.Another interesting case relating to judicial appointment stems from the state of Arunachal Pradesh, and the Gauhati High Court’s decision to go in appeal against a decision of the High Court. The High Court had held that the respondents, three judges from Arunachal Pradesh, did not have to undertake a written examination in order to be absorbed into regular service..In the petition, a copy of which is with Bar & Bench, the High Court has assailed its decision to distinguish the Brij Mohan Lal’s case..Interestingly, during the hearing in Supreme Court, one of the Respondents was grilled by Chief Justice TS Thakur on certain aspects of criminal law and the respondent was unable to give satisfactory replies to the CJI’s queries..Here’s what twitter had to say about it:.And….July 9.Law Commission to examine problems of statutory appeals,.A Bench of Justices Anil R Dave and AK Goel made no efforts to hide the problems faced by the Supreme Court in view of the increasing number of appeals filed before the apex court. In the “epilogue” to a judgment relating to electricity tariffs, touched upon the issues of tribunalisation and the increasing number of statutory appeals to the apex court..The Court has also questioned the location of tribunals (many of which are in Delhi) thus inconveniencing the litigants. The Court has then proceeded to discuss another important issue – that of statutory appeals clogging the court..“…further question is whether providing appeals to this Court in routine, without there being issues of general public importance, is not a serious obstruction to the effective working of this Court.”.The Court has now tasked the Law Commission to examine a few questions relating to the same issue, and to submit a report within a year..July 10.Dahi Handi ritual to get a fresh look.The Supreme Court revived a plea challenging the Bombay High Court’s order restricting the height of human pyramids to 20 feet for a Dahi-Handi’ ritual. The Court said that it would need to hear the petitioner Swati Sayaji Patil before passing any order..Patil has also sought the initiation of contempt proceedings against the Maharashtra government for failing to comply with the High Court’s order..July 11.Self-proclaimed godman Asaram’s bail plea denied.The Supreme Court on Thursday refused to grant bail to ‘godman’ Asaram Bapu on health grounds. The All India Institute of Medical Sciences (AIIMS) has, however been directed to set up a medical board to ascertain his present health condition before taking up his regular bail plea..A three-member team of doctors was asked by the court to examine him, and submit its report within ten days..July 12.Fuming over delay in judges’ appointments, apex court threatens Centre with action.The Supreme Court has accused the government of “sitting over” judges’ appointments and transfers, on the grounds that since February, 75 names had been recommended for the high court and none had been approved..Chief Justice TS Thakur also maintained that the Courts could not be “shut down”, but if there was a problem with any of the names, the collegium would be willing to reconsider..No more ban on registration of Diesel cars, but pay environment cess.The Supreme Court has lifted the ban on registration of diesel vehicles with an engine capacity above 2000 cc. However, an environment compensation cess equal to 1% of the ex-showroom price of the vehicle has to be paid..The car manufacturers accepted the court’s proposition and submitted that they were ready to pay environment cess. The Court thereupon modified its order of December, 2015 and lifted the ban imposed on registration of vehicles above 2000 cc..Costs imposed on BCI for failure to file reply in CLAT petition.The Supreme Court today imposed costs of Rs. 25,000 on the Bar Council of India for failing to respond in the petition seeking a permanent body for conducting the Common Law Admission Test (CLAT)..On the last date of hearing, the Central government, as well as the BCI failed to appear in court. Then, the BCI was granted three weeks to file its counter. And it now appears that the apex court has decided to make an example of the BCI for its inaction in the matter..Prof. Shamnad Basheer had filed the PIL last year, pointing out the various flaws in the conduct of the examination over the years. He had arraigned all the 18 National Law Universities (NLUs) as Respondents in the case..Apex Court comes down heavily on the Central government for failure to file counter affidavit.A Bench of CJI TS Thakur, AM Khanwilkar, and DY Chandrachud JJ imposed costs of Rs. 25,000 on the Central government, after its failure to file a counter affidavit in a petition relating to road safety..Senior Advocate Indu Malhotra, appearing for the petitioner NGO, submitted two issues, regarding stationary vehicles causing accidents and vehicles loaded beyond their dimensions..The court then turned to the Central government lawyer, while taking note of the fact the Centre has not filed its counter affidavit despite a direction to that effect nearly a year ago..Creche facilities in the Supreme Court.The apex court was called upon to decide whether the amount being charged for usage of the crèche facilities in court were reasonable or not..Senior Advocate Indira Jaising, stated that the charges for using the creche facilities are acting as a deterrent, so it would help if the fixed security deposit, as well as the monthly charges were brought down. Senior Advocate Siddharth Luthra, who appeared for the respondents, has requested time to discuss the suggestions and issues with the Court administration..Lawyer harassment matter reaches conclusion.The Ambika Das matter finally reached its long pending conclusion on Friday, with the Court recognising that the investigating agency was doing its job, and the matter would be handled by the competent executive authority..The Court had taken suo motu cognisance of the letter of woman lawyer Ambika Das alleging that some policemen and others manhandled her inside the Lajpat Nagar police station on April 4 when she had gone to serve a copy of a judicial order..CJI threatens to withdraw judicial work from two judges.Chief Justice TS Thakur yesterday told the Central government that the Court will consider withdrawing judicial work from two judges – Justice Valmiki Mehta of the Delhi High Court and Justice MR Shah of the Gujarat High Court if the transfer of these judges are not given effect to..The remark was part of the general dissatisfaction expressed by the court on the delay by the Centre in clearing judicial appointments and transfers; it came about in a PIL filed by one Lt. Col Anil Kabotra concerning delay in judicial appointments.