The Supreme Court recently dismissed a public interest litigation (PIL) petition challenging the validity of Section 149 of the Bharatiya Nyaya Sanhita (BNS) and several provisions of the Constitution of India [Dr SN Kundra v. Union of India]..A Division Bench of Justice Hrishikesh Roy and Justice SVN Bhatti dismissed the plea while imposing a cost of ₹10,000 on the petitioner, who had appeared in person to argue the matter."We have perused the averments in the writ petition. Also considered the submission made by the petitioner-in-person. We see no merit in the writ petition and the same is accordingly dismissed, imposing a cost of ₹10,000 on the petitioner," the Court's August 9 order said..The petitioner had challenged the oath taken by the armed forces as well as the following provisions of the Constitution:Article 52 (President of India); Article 53 (Executive power of the Union); Article 75(4) (President shall administer oath of office to Minister); Article 77 (Conduct of business of the Government of India); Article 102(2) (Disqualifications from Parliament for defection); Article 164(3) (Governor of State shall administer oath of office to Minister of State); Article 191(2) (Disqualification of Members of Legislative Assemblies for defection); Article 246 (Subject-matter of laws made by Parliament and by the Legislatures of States); Article 361 (Protection of President and Governors and Rajpramukhs); Article 368 (Power of Parliament to amend the Constitution and procedure)..The petitioner had also challenged Section 149 of the BNS which deals with punishment for collecting arms or ammunition with the intention of waging war against the government of India..After dismissing the plea with costs, the Court directed the petitioner to deposit the cost amount with Supreme Court Legal Services Committee within a week..[Read Order]
The Supreme Court recently dismissed a public interest litigation (PIL) petition challenging the validity of Section 149 of the Bharatiya Nyaya Sanhita (BNS) and several provisions of the Constitution of India [Dr SN Kundra v. Union of India]..A Division Bench of Justice Hrishikesh Roy and Justice SVN Bhatti dismissed the plea while imposing a cost of ₹10,000 on the petitioner, who had appeared in person to argue the matter."We have perused the averments in the writ petition. Also considered the submission made by the petitioner-in-person. We see no merit in the writ petition and the same is accordingly dismissed, imposing a cost of ₹10,000 on the petitioner," the Court's August 9 order said..The petitioner had challenged the oath taken by the armed forces as well as the following provisions of the Constitution:Article 52 (President of India); Article 53 (Executive power of the Union); Article 75(4) (President shall administer oath of office to Minister); Article 77 (Conduct of business of the Government of India); Article 102(2) (Disqualifications from Parliament for defection); Article 164(3) (Governor of State shall administer oath of office to Minister of State); Article 191(2) (Disqualification of Members of Legislative Assemblies for defection); Article 246 (Subject-matter of laws made by Parliament and by the Legislatures of States); Article 361 (Protection of President and Governors and Rajpramukhs); Article 368 (Power of Parliament to amend the Constitution and procedure)..The petitioner had also challenged Section 149 of the BNS which deals with punishment for collecting arms or ammunition with the intention of waging war against the government of India..After dismissing the plea with costs, the Court directed the petitioner to deposit the cost amount with Supreme Court Legal Services Committee within a week..[Read Order]