A very eventful week passed by at the Supreme Court of India. Although slow to begin, the week picked up pace with the case pertaining to National Eligibility Entrance Test (NEET) coming up for hearing before Justice Anil R Dave..Besides that, the court also heard cases pertaining to National Court of Appeal and Justice Markandey Katju’s challenge to Parliament resolution. Most interestingly, the Court sat on a Saturday to hear the case concerning ban on Diesel SUVs in Delhi..Below is a look at what happened in Supreme Court this past week..Tuesday, April 26.SEBI Chairman UK Sinha’s reappointment: Jaising alleges lawyers threatened.Senior Advocate Indira Jaising told the Supreme Court that lawyers engaged in the case challenging UK Sinha’s reappointment as Chairperson of SEBI, were threatened..The public interest litigation petition filed by one Uday Babu Khalwadkar came up for hearing before a 3-judge Bench presided by Chief Justice TS Thakur and Justices R Banumathi and UU Lalit. Jaising said that,.“Advocates who were involved in the case have been receiving calls asking how they have filed this petition. We have had to change AoRs multiple times”, she said..The Court eventually dismissed the case..“National Court of Appeal will only add to lawyers pockets”, Centre to Supreme Court.The Central government made it very clear that it is strongly opposed to idea of the National Court of Appeal..Attorney General Mukul Rohatgi told the Supreme Court that the PIL petition seeking establishment of National Court of Appeal should be dismissed as it will not help in dealing with the 2 crore cases pending in lower courts but will only help in ‘adding to lawyers’ pockets’..“This petition should not be entertained. Supreme Court has only 50,000 cases. 2 crore cases are in other courts. What will the National Court of Appeal do with those cases. It will only add to lawyers’ pockets”, submitted the AG..Rohatgi said that he will need some time to argue whereupon the case was adjourned to April 28, 2016..Wednesday, April 27.Uttarakhand High Court fiasco: Hearing begins in appeal by Centre.Hearing commenced in the case pertaining to imposition of President’s rule in Uttarakhand. Attorney General Mukul Rohatgi and Senior Advocates Abhishek Manu Singhvi and Kapil Sibal made their submissions. The Court after hearing the lawyers directed that the order keeping the Uttarakhand High Court judgment in abeyance be continued till May 3..You can read more about the hearing here..NEET – the confusion begins.A petition, filed by NGO Sankalp Charitable Trust, was mentioned before a Bench comprising Justices Anil R Dave, Shiva Kirti Singh and AK Goel. The petitioner’s prayer was that the National Eligibility Entrance Test (NEET) be held this year for admissions to private medical and dental colleges..The Centre, the Central Board of Secondary Education (CBSE) and the Medical Council of India told the Court that they are “ready and willing” to conduct the NEET examination for the academic year 2016-17..The Bench took the case on board and recorded in its order, the submissions of Centre, CBSE and Medical Council of India that they are ready to hold NEET this year. The Court adjourned the case for the next day after CBSE sought time to take instructions..The matter was far from over..Thursday, April 28 .NEET revives – exam to be held on May 1 and July 24.The NEET case witnessed high voltage hearing as Senior Advocates and other lawyers appearing for various States and colleges argued that they should be heard before the court passes any order..The CBSE submitted a schedule for the exam as per which the exam will be held over two days – May 1 and July 24. ASG Pinky Anand appearing for Centre and CBSE informed the court that admissions will be completed by September 30..Subsequently, Senior Advocates L Nageswara Rao, KK Venugopal, Rajeev Dhavan appearing for different States and private colleges submitted that they should also be heard before a decision is taken. The Court, however, brushed aside their contentions and reserved its order..The order was passed the same day at 3.30 pm. The Court accepted the schedule given by CBSE and gave the green signal for holding NEET..Impose pre-deposit on corporates, heavy costs on frivilous litigants”, AG Rohatgi tells Supreme Court.The Court reserved its order on whether the petition seeking establishment of National Court of Appeal should be referred to a Constitution Bench or not. It heard Amicus Curiae KK Venugopal and Salman Khurshid and Attorney General Mukul Rohatgi..During his arguments, Rohatgi made an interesting suggestion – that corporate entities who come to the court should be asked to make a pre-deposit with the court if its case is to be heard..The Court would go on implement this suggestion the very next day..Griday, April 29.AG suggests, SC implements: Pre-deposit of 50 lakh on Star, Idea & Ors..Attorney General Mukul Rohatgi had suggested imposing a pre-deposit on corporate entities fighting cases in the Supreme Court..And the Supreme Court did not waste any time in implementing the same. A Bench headed by Chief Justice of India TS Thakur asked the parties to a case to deposit 50 lakh within 4 weeks. The case was a dispute concerning rights over cricket match information with Star India, Idea, Akuate Internet and BCCI, among others as parties..NEET again.The concerns of holding the NEET at such a short notice did not go unnoticed. The Centre tried to set things right..Attorney General Mukul Rohatgi mentioned the matter at 10.30 am before the Bench presided by Justice Anil R Dave and sought for an urgent hearing..Rohatgi said that the first phase of the exam, which is the AIPMT, will be held only in 2 languages – English and Hindi. He said that this might inconvenience students who are not proficient in English, and from non-Hindi States..Regarding holding NEET in two phases, Rohatgi and other lawyers expressed concerns that some students might get very little time to prepare..“I am told on Thursday to sit for an exam on Sunday. Give me some breathing time. I would suggest that all students be allowed to take phase 2”, said the AG..Rohatgi asked the Bench to give a special hearing at 3 pm. The Bench said that it will discuss with the Chief Justice and inform the parties..However, it was disappointment at 2 pm as Justice Dave told the parties that the Bench will not sit to hear the case..“We are not constituting the Bench today. Let the examinations go on”, said Justice Dave..Caste revives on re-conversion, reiterates Supreme Court.The country’s apex court reiterated that once a person reconverts to his original faith, his caste will revive since caste has linkage to birth..A Bench of Justices Ranjan Gogoi and Prafulla C Pant allowed the appeal filed Mohammed Sadique and upheld his election as MLA from Bhadaur constituency – a constituency reserved for candidates from the Scheduled Castes..Senior Advocates Harin Raval and Atul Nanda appeared for Mohammed Sadique while Senior Advocate Yashank Adhyaru appeared for the Respondent, Darbara Singh Guru..ML Sharma moves against Supreme Court Rules, seeks quashing of court fees.Advocate Manohar Lal Sharma filed a petition seeking quashing of court fees set out in the third schedule of Part IX of the Supreme court Rules, 2013..Sharma, in his petition has contended that the court fees imposed by the 2013 Rules is “injustice, unconstitutional” and “causes serious injury to the citizens of the country.”.When the matter came up for hearing, Sharma sought time to amend his pleadings which was allowed..Saturday, April 30 .Saturday hearings: NEET turned down again, Ban on Diesel SUVs to continue.A 3-judge Bench of the Supreme Court, in a rare move, sat on Saturday to hear the case pertaining to ban on Diesel SUVs above 2000 cc engine capacity..But it was the NEET which once again came to be mentioned before the Bench. The matter was mentioned on behalf of students but the court refused to interfere saying that the order has already been passed by another Bench..Subsequently, the Court heard the case concerning Diesel SUV ban. It refused to extend the time period allowed for cabs in Delhi to convert to CNG. The deadline for the same expired yesterday. The ban on registration of Diesel SUVs above 2,000 cc will also continue.
A very eventful week passed by at the Supreme Court of India. Although slow to begin, the week picked up pace with the case pertaining to National Eligibility Entrance Test (NEET) coming up for hearing before Justice Anil R Dave..Besides that, the court also heard cases pertaining to National Court of Appeal and Justice Markandey Katju’s challenge to Parliament resolution. Most interestingly, the Court sat on a Saturday to hear the case concerning ban on Diesel SUVs in Delhi..Below is a look at what happened in Supreme Court this past week..Tuesday, April 26.SEBI Chairman UK Sinha’s reappointment: Jaising alleges lawyers threatened.Senior Advocate Indira Jaising told the Supreme Court that lawyers engaged in the case challenging UK Sinha’s reappointment as Chairperson of SEBI, were threatened..The public interest litigation petition filed by one Uday Babu Khalwadkar came up for hearing before a 3-judge Bench presided by Chief Justice TS Thakur and Justices R Banumathi and UU Lalit. Jaising said that,.“Advocates who were involved in the case have been receiving calls asking how they have filed this petition. We have had to change AoRs multiple times”, she said..The Court eventually dismissed the case..“National Court of Appeal will only add to lawyers pockets”, Centre to Supreme Court.The Central government made it very clear that it is strongly opposed to idea of the National Court of Appeal..Attorney General Mukul Rohatgi told the Supreme Court that the PIL petition seeking establishment of National Court of Appeal should be dismissed as it will not help in dealing with the 2 crore cases pending in lower courts but will only help in ‘adding to lawyers’ pockets’..“This petition should not be entertained. Supreme Court has only 50,000 cases. 2 crore cases are in other courts. What will the National Court of Appeal do with those cases. It will only add to lawyers’ pockets”, submitted the AG..Rohatgi said that he will need some time to argue whereupon the case was adjourned to April 28, 2016..Wednesday, April 27.Uttarakhand High Court fiasco: Hearing begins in appeal by Centre.Hearing commenced in the case pertaining to imposition of President’s rule in Uttarakhand. Attorney General Mukul Rohatgi and Senior Advocates Abhishek Manu Singhvi and Kapil Sibal made their submissions. The Court after hearing the lawyers directed that the order keeping the Uttarakhand High Court judgment in abeyance be continued till May 3..You can read more about the hearing here..NEET – the confusion begins.A petition, filed by NGO Sankalp Charitable Trust, was mentioned before a Bench comprising Justices Anil R Dave, Shiva Kirti Singh and AK Goel. The petitioner’s prayer was that the National Eligibility Entrance Test (NEET) be held this year for admissions to private medical and dental colleges..The Centre, the Central Board of Secondary Education (CBSE) and the Medical Council of India told the Court that they are “ready and willing” to conduct the NEET examination for the academic year 2016-17..The Bench took the case on board and recorded in its order, the submissions of Centre, CBSE and Medical Council of India that they are ready to hold NEET this year. The Court adjourned the case for the next day after CBSE sought time to take instructions..The matter was far from over..Thursday, April 28 .NEET revives – exam to be held on May 1 and July 24.The NEET case witnessed high voltage hearing as Senior Advocates and other lawyers appearing for various States and colleges argued that they should be heard before the court passes any order..The CBSE submitted a schedule for the exam as per which the exam will be held over two days – May 1 and July 24. ASG Pinky Anand appearing for Centre and CBSE informed the court that admissions will be completed by September 30..Subsequently, Senior Advocates L Nageswara Rao, KK Venugopal, Rajeev Dhavan appearing for different States and private colleges submitted that they should also be heard before a decision is taken. The Court, however, brushed aside their contentions and reserved its order..The order was passed the same day at 3.30 pm. The Court accepted the schedule given by CBSE and gave the green signal for holding NEET..Impose pre-deposit on corporates, heavy costs on frivilous litigants”, AG Rohatgi tells Supreme Court.The Court reserved its order on whether the petition seeking establishment of National Court of Appeal should be referred to a Constitution Bench or not. It heard Amicus Curiae KK Venugopal and Salman Khurshid and Attorney General Mukul Rohatgi..During his arguments, Rohatgi made an interesting suggestion – that corporate entities who come to the court should be asked to make a pre-deposit with the court if its case is to be heard..The Court would go on implement this suggestion the very next day..Griday, April 29.AG suggests, SC implements: Pre-deposit of 50 lakh on Star, Idea & Ors..Attorney General Mukul Rohatgi had suggested imposing a pre-deposit on corporate entities fighting cases in the Supreme Court..And the Supreme Court did not waste any time in implementing the same. A Bench headed by Chief Justice of India TS Thakur asked the parties to a case to deposit 50 lakh within 4 weeks. The case was a dispute concerning rights over cricket match information with Star India, Idea, Akuate Internet and BCCI, among others as parties..NEET again.The concerns of holding the NEET at such a short notice did not go unnoticed. The Centre tried to set things right..Attorney General Mukul Rohatgi mentioned the matter at 10.30 am before the Bench presided by Justice Anil R Dave and sought for an urgent hearing..Rohatgi said that the first phase of the exam, which is the AIPMT, will be held only in 2 languages – English and Hindi. He said that this might inconvenience students who are not proficient in English, and from non-Hindi States..Regarding holding NEET in two phases, Rohatgi and other lawyers expressed concerns that some students might get very little time to prepare..“I am told on Thursday to sit for an exam on Sunday. Give me some breathing time. I would suggest that all students be allowed to take phase 2”, said the AG..Rohatgi asked the Bench to give a special hearing at 3 pm. The Bench said that it will discuss with the Chief Justice and inform the parties..However, it was disappointment at 2 pm as Justice Dave told the parties that the Bench will not sit to hear the case..“We are not constituting the Bench today. Let the examinations go on”, said Justice Dave..Caste revives on re-conversion, reiterates Supreme Court.The country’s apex court reiterated that once a person reconverts to his original faith, his caste will revive since caste has linkage to birth..A Bench of Justices Ranjan Gogoi and Prafulla C Pant allowed the appeal filed Mohammed Sadique and upheld his election as MLA from Bhadaur constituency – a constituency reserved for candidates from the Scheduled Castes..Senior Advocates Harin Raval and Atul Nanda appeared for Mohammed Sadique while Senior Advocate Yashank Adhyaru appeared for the Respondent, Darbara Singh Guru..ML Sharma moves against Supreme Court Rules, seeks quashing of court fees.Advocate Manohar Lal Sharma filed a petition seeking quashing of court fees set out in the third schedule of Part IX of the Supreme court Rules, 2013..Sharma, in his petition has contended that the court fees imposed by the 2013 Rules is “injustice, unconstitutional” and “causes serious injury to the citizens of the country.”.When the matter came up for hearing, Sharma sought time to amend his pleadings which was allowed..Saturday, April 30 .Saturday hearings: NEET turned down again, Ban on Diesel SUVs to continue.A 3-judge Bench of the Supreme Court, in a rare move, sat on Saturday to hear the case pertaining to ban on Diesel SUVs above 2000 cc engine capacity..But it was the NEET which once again came to be mentioned before the Bench. The matter was mentioned on behalf of students but the court refused to interfere saying that the order has already been passed by another Bench..Subsequently, the Court heard the case concerning Diesel SUV ban. It refused to extend the time period allowed for cabs in Delhi to convert to CNG. The deadline for the same expired yesterday. The ban on registration of Diesel SUVs above 2,000 cc will also continue.