The following cases will be tracked today..Supreme Court.Mahendra Kumar Jain v. Alok Ranjan.[Item 10 in Court 8 – Writ Petition (Civil) 301/2015].A fresh public interest litigation petition..Today in court: The case pertains to the appointment of Lokayukta in the State of Uttar Pradesh (UP). The current Lokayukta, NK Mehrotra, had completed his six-year tenure in 2012 but the State government amended the Uttar Pradesh Lokayukta and UP-lokayauktas Act, 1975 to extend the Lokayukta’s tenure to 8 years. By virtue of this, Mehrotra was able to continue in office for another two years. This amendment was challenged in the Supreme Court. Though the Court upheld the validity of the amendment, it directed the State government to appoint a new Lokayukta within six months since Mehrotra’s 8 year tenure had expired..The current petition has been filed submitting that the UP government has committed contempt of court by failing to appoint new Lokayukta within the prescribed 6 months and praying for a direction to the State government to make the new appointment immediately. The petitioner has also prayed for punishing Chief Secretary of UP, Alok Ranjan for committing contempt..A Division bench presided by Justice Ranjan Gogoi issued notice in the matter..Dr. Subramanian Swamy v. Union of India.[Item 51 in court 8 – Writ Petition (Criminal) 69/2015].This is a petition filed by Dr. Subramanian Swamy challenging the Constitutionality of those provisions of the Indian Penal Code (IPC) which deal with the offence labelled “hate speech”. The provisions which have been challenged are Sections 153 153, 153A, 153B, 295A, 298 and 505. Swamy has also sought for quashing the summons issued by Additional Chief Judicial Magistrate, Karimganj, Assam for alleged hate speech. Two judges, Justice UU Lalit and Justice RK Agarwal, had recused from the matter..When the matter was mentioned by Swamy yesterday, the Court directed that the matter be listed today before an appropriate Bench. The matter is now listed before Justice Ranjan Gogoi and Justice MY Eqbal..Today in court: The Court issued notice with respect to the prayer pertaining to the challenge to the Constitutional validity of the IPC provisions and also stayed the execution of non-bailable arrest warrant issued against Swamy. The Court, however, made it clear that it will not interfere with the case in the trial court..Subhash Chandra Agarwal v. Registrar General, Supreme Court of India.[Item 41 in court 1 – SLP (Civil) 15291/2015 ].It is a fresh appeal and relates to medical expenses of judges. Watch this space for evening updates to know more about the case..Today in court: The petition was an appeal from the Delhi High Court and pertained to disclosure under Right to Information Act, 2005 (RTI Act), of medical expenses incurred by judges. The Central Information Commission (CIC) had held that the same is within the ambit of RTI but the Delhi High Court had overturned the CIC judgment prompting this appeal..Advocate Prashant Bhushan appeared for the petitioner Subhash Chandra Agarwal today and contended that the public is entitled to know how their money is being spent by judges for their medical expenses. He also submitted that he was not seeking any details of medical treatment or diseases but only the expenses incurred..An adamant Chief Justice HL Dattu, however, chose to dismiss the petition saying entertaining it will set a bad precedent..More updates on this case will be put up soon..Delhi High Court.Rahul Gandhi v. Subramanian Swamy & Anr. .[Item 10 in Court 35 CRL.M.C. 3332/2014 with CRL.M.A. 11550/2014].The case pertains to the National Herald newspaper scam where summons were issued by upon a complaint made by Dr. Subramanian Swamy against certain Congress leaders. Swamy, in his complaint, had alleged cheating and misappropriation of funds by the leaders in the acquisition of the newspaper daily by Young Indian (YI)..The trial court had summoned the leaders in June 2014 and all of them had challenged the summons before the Delhi HC in July 2014. In the month of December ’14, the High Court had stayed the summons and ordered for the case to be heard on a day-to-day basis..Today in court: The Court adjourned the matter to September 3, 2015 and directed for both parties to file a synopsis outlining the scope of various provisions outlined in the complaint. While Senior Advocate Kapil Sibal, appearing for the Petitioners, argued that for the trial to continue primary ingredients or the offence of cheating and misappropriation had to be made out, Swamy stated that the magistrate had fully applied her mind while issuing the summons and therefore, the HC ought to appreciate that instead of quashing the summons..Ambika Soni v. Union of India & Ors and Kumari Shelja v. Union of India & Ors..[Item 5-6, Court 9-W.P.(C) 5913/2015 With CM Appl. 10702/2015 W.P.(C) 5918/2015 With CM Appl. 10715/2015].The writ petition was filed by Congress MPs Ambika Shukla and Kumari Selja challenging the eviction notice issued to them by the Ministry of Urban Development and directing them to move out of their Type VIII Bungalow situated in Lutyens Delhi. Earlier in June, the Delhi HC vacation bench had stayed the eviction notice. Senior Advocate KTS Tulsi appeared for the Petitioners and ASG Sanjay Jain appeared for the Union..Today in Court: After a lengthy hearing that went on for three hours, the Bench reserved it’s order..If you want to contribute to the B&B Causelist, please write to us at info@barandbench.com
The following cases will be tracked today..Supreme Court.Mahendra Kumar Jain v. Alok Ranjan.[Item 10 in Court 8 – Writ Petition (Civil) 301/2015].A fresh public interest litigation petition..Today in court: The case pertains to the appointment of Lokayukta in the State of Uttar Pradesh (UP). The current Lokayukta, NK Mehrotra, had completed his six-year tenure in 2012 but the State government amended the Uttar Pradesh Lokayukta and UP-lokayauktas Act, 1975 to extend the Lokayukta’s tenure to 8 years. By virtue of this, Mehrotra was able to continue in office for another two years. This amendment was challenged in the Supreme Court. Though the Court upheld the validity of the amendment, it directed the State government to appoint a new Lokayukta within six months since Mehrotra’s 8 year tenure had expired..The current petition has been filed submitting that the UP government has committed contempt of court by failing to appoint new Lokayukta within the prescribed 6 months and praying for a direction to the State government to make the new appointment immediately. The petitioner has also prayed for punishing Chief Secretary of UP, Alok Ranjan for committing contempt..A Division bench presided by Justice Ranjan Gogoi issued notice in the matter..Dr. Subramanian Swamy v. Union of India.[Item 51 in court 8 – Writ Petition (Criminal) 69/2015].This is a petition filed by Dr. Subramanian Swamy challenging the Constitutionality of those provisions of the Indian Penal Code (IPC) which deal with the offence labelled “hate speech”. The provisions which have been challenged are Sections 153 153, 153A, 153B, 295A, 298 and 505. Swamy has also sought for quashing the summons issued by Additional Chief Judicial Magistrate, Karimganj, Assam for alleged hate speech. Two judges, Justice UU Lalit and Justice RK Agarwal, had recused from the matter..When the matter was mentioned by Swamy yesterday, the Court directed that the matter be listed today before an appropriate Bench. The matter is now listed before Justice Ranjan Gogoi and Justice MY Eqbal..Today in court: The Court issued notice with respect to the prayer pertaining to the challenge to the Constitutional validity of the IPC provisions and also stayed the execution of non-bailable arrest warrant issued against Swamy. The Court, however, made it clear that it will not interfere with the case in the trial court..Subhash Chandra Agarwal v. Registrar General, Supreme Court of India.[Item 41 in court 1 – SLP (Civil) 15291/2015 ].It is a fresh appeal and relates to medical expenses of judges. Watch this space for evening updates to know more about the case..Today in court: The petition was an appeal from the Delhi High Court and pertained to disclosure under Right to Information Act, 2005 (RTI Act), of medical expenses incurred by judges. The Central Information Commission (CIC) had held that the same is within the ambit of RTI but the Delhi High Court had overturned the CIC judgment prompting this appeal..Advocate Prashant Bhushan appeared for the petitioner Subhash Chandra Agarwal today and contended that the public is entitled to know how their money is being spent by judges for their medical expenses. He also submitted that he was not seeking any details of medical treatment or diseases but only the expenses incurred..An adamant Chief Justice HL Dattu, however, chose to dismiss the petition saying entertaining it will set a bad precedent..More updates on this case will be put up soon..Delhi High Court.Rahul Gandhi v. Subramanian Swamy & Anr. .[Item 10 in Court 35 CRL.M.C. 3332/2014 with CRL.M.A. 11550/2014].The case pertains to the National Herald newspaper scam where summons were issued by upon a complaint made by Dr. Subramanian Swamy against certain Congress leaders. Swamy, in his complaint, had alleged cheating and misappropriation of funds by the leaders in the acquisition of the newspaper daily by Young Indian (YI)..The trial court had summoned the leaders in June 2014 and all of them had challenged the summons before the Delhi HC in July 2014. In the month of December ’14, the High Court had stayed the summons and ordered for the case to be heard on a day-to-day basis..Today in court: The Court adjourned the matter to September 3, 2015 and directed for both parties to file a synopsis outlining the scope of various provisions outlined in the complaint. While Senior Advocate Kapil Sibal, appearing for the Petitioners, argued that for the trial to continue primary ingredients or the offence of cheating and misappropriation had to be made out, Swamy stated that the magistrate had fully applied her mind while issuing the summons and therefore, the HC ought to appreciate that instead of quashing the summons..Ambika Soni v. Union of India & Ors and Kumari Shelja v. Union of India & Ors..[Item 5-6, Court 9-W.P.(C) 5913/2015 With CM Appl. 10702/2015 W.P.(C) 5918/2015 With CM Appl. 10715/2015].The writ petition was filed by Congress MPs Ambika Shukla and Kumari Selja challenging the eviction notice issued to them by the Ministry of Urban Development and directing them to move out of their Type VIII Bungalow situated in Lutyens Delhi. Earlier in June, the Delhi HC vacation bench had stayed the eviction notice. Senior Advocate KTS Tulsi appeared for the Petitioners and ASG Sanjay Jain appeared for the Union..Today in Court: After a lengthy hearing that went on for three hours, the Bench reserved it’s order..If you want to contribute to the B&B Causelist, please write to us at info@barandbench.com
