The Week that was: The Supreme Court of India

It was a comparatively quiet week for the Supreme Court, with the Kanhaiya bail matter transferred to the Delhi High Court. However, the week did witness some important judgments and also an unexpected decision on the establishment of a National Court of Appeal. Below is a flashback of the “week that was” in Supreme Court of India..February 22.BCI says it will inquire into Patiala violence.The Bar Council of India filed an affidavit in the petition relating to violence in Patiala House court, resolving to enquire into the violence that erupted in Patiala House court complex..BCI Chairman Manan Kumar Mishra told the court that the BCI has passed a resolution to that effect thought the BCI will proceed with the same subject to the order of the Supreme Court, which is already seized of the matter..February 23.Prashant Bhushan challenges Passport restrictions.The Supreme Court issued notice to the Central Government in a petition filed by advocate Prashant Bhushan challenging the Constitutionality of Section 6(2)(f) of the Passports’ Act 1967 and Notification GSR 570(E) dated August 25, 1993..Section 6(2)(f) of the Passport Act empowers the passport authority to refuse issuance of passport if the proceedings in respect of a criminal offence is pending against the applicant before a criminal court in India. The petitioner has alleged that the said provision is violative of Article 14 since it fails to distinguish between a person who is accused of having committed a serious crime and a person who is accused of a minor offence..Bhushan has also pointed out an anomaly in the impugned provision in that the restriction will hit only a person who is applying for a passport or whose passport needs to be renewed and it will not affect an existing passport holder who can continue to hold a passport for the remaining period of its validity..Senior Advocate Jayant Bhushan appeared for his younger brother..Private bank officers are Public servants under Prevention of Corruption Act.A Division Bench of Justices Ranjan Gogoi and PC Pant held that the Managing Director and Executive Directors of a private bank will fall within the ambit of definition of “public servant”. The court arrived at this decision after a conjoint reading of Section 2(c) of the Prevention of Corruption Act and Section 46A of the Banking Regulation Act, 1949 (BR Act)..Additional Solicitor General Tushar Mehta appeared for CBI while Senior Advocates Mohan Parasaran and Sidharth Luthra appeared for the accused respondents..February 24.“Damaging agitators” will be taken to task.A Bench presided by Justice JS Khehar made some remarkable observations regarding the manner in which agitations were carried out by various protestors across the country..The observations were made while hearing the petition filed by Patidar leader Hardik Patel seeking quashing of the sedition charge against him..Patel had led a Patidar agitation in Gujarat which had resulted in widespread destruction of public property..The Bench told Attorney General Mukul Rohatgi, who was appearing for Gujarat government, that it wants to hear the ancillary issue of destruction to public property by agitators and the possible action that can be taken in that regard..“What is happening? Where is our country [headed]. One cannot burn the country’s property. You can agitate peacefully. But what is this? – burning and ransacking…They must know that there will be consequences for their action.”.The Court said that it will lay down guidelines for the course of action to be followed in cases where agitators damage public property..February 25.Constitution Bench overrules 3-judge Bench decision.One of the Constitution Benches constituted by the new Chief Justice of India, Justice TS Thakur, delivered a judgment holding that the Travancore-Cochin High Court Act will override Section 98(2) of the Code of Civil Procedure. In the process, it overruled its own decision in PV Hemalatha v. Kattamkandi Puthiya Maliackal Saheeda and Anr..The Bench which delivered the judgment comprised of Justices Anil R Dave, Kurian Joseph, Shiva Kirti Singh, AK Goel and Rohinton Fali Nariman. Senior Advocate V Giri appeared for the appellants while Senior Advocate KV Viswanathan represented the respondents..February 26.National Court of Appeal: KKV, Salman Khurshid appointed Amicus.In what was the biggest news of the week, a 3-judge Bench presided by Chief Justice TS Thakur agreed to hear a petition filed by one V Vasanthakumar seeking establishment of National Court of Appeal with Benches at Kolkata, Chennai and Mumbai. The Court also appointed Senior Advocates KK Venugopal and Salman Khurshid as Amicus Curiae.Vasanthakumar had moved the Supreme Court in February 2014 with the same prayer. The Court, had disposed of that matter in October 2014 directing the Centre to respond to the petitioner’s suggestion within 6 months..Subsequently, the Centre had responded to Kumar as per the Court’s direction. It had rejected his suggestion prompting Kumar to approach the Supreme Court for the second time seeking quashing of this decision of the Central government..Patiala House violence: Notice to 3 lawyers for contempt.In a public interest litigation petition filed by advocate Kamini Jaiswal, the Court issued notice to three lawyers – Vikram Chauhan, Yashpal Singh and Om Sharma who had allegedly been at the forefront of the goondaism in Patiala House court complex on February 15 and February 17..Interestingly, the reports filed by Delhi police, Delhi High Court Registrar General and the lawyers’ committee have also been placed before the court The reports narrate the events of February 17 from different viewpoints and vary greatly in tone and tenor.