Important Legal Updates from Supreme Court Of India. [11th to16th"June ]

 Prabhat Bandhulya | Jahnavi Bhupatni | Social Thikana | SC

Supreme Court to take up plea challenging Madras HC order against murder conviction

The bench of Justice Indira Banerjee and Justice M.R. Shah will hear the matter related to the killing of one Velmurugan by accused Stalin, Ramadoss, Sivadoss and Shanmugam. The contention as given by the Madras High Court was that there was enough evidence as to show common intention between the 4 accused to eliminate Velmurugan (deceased) knowing full well that he will come to the village festival. In India, common intention of murder is dealt under section 34 of the IPC.

Italian marines’ case: Supreme Court says compensation money should be first deposited with HC; order on June 15

On February 15, 2012, two Indian fishermen returning from a fishing expedition near Lakshadweep islands onboard fishing vessel St Antony were gunned down by two Italian marines on board oil tanker Enrica Lexie. The incident occurred around 20 nautical miles off the coast of Kerala. Shortly after the incident, the Indian Coast Guard intercepted Enrica Lexie and detained the two Italian marines— Salvatore Girone and Massimiliano Latorre.    Rs 4 crore each were to be given to the next of kin of the fishermen while the remaining Rs 2 crore were given to the owner of the fishing vessel. The Solicitor General- Mr Tushar Mehta- suggested that the sum is very huge, the money can be first transferred in the back where the family can initially withdraw the interest of the amount and after some time can withdraw the money.

 Against Constitutional provisions and Federal principle" AILU objects to reported move for elevation of SC lawyers As HC judges

The Supreme Court Bar Association (SCBA) has released a proposal to elevate the advocates working in the Supreme Court to the post of High Court judges. However, the All India Lawyers Union (AILU) objected to this move calling it against the Constitutional provisions and Federal principles. They also object to the reasoning of how the SC are more meritorious than the HC lawyers. AILU also emphasised on the formation of a National Judicial Commission with Constitutional powers to check and maintain the appointment, transfer and enquiry on misdemeanour of judges. It would also be a move to uphold the transparency of judiciary.  

 PIL in Supreme Court challenges Home Ministry May 28 notification as a backdoor CAA measure

Ministry of Home Affairs released a notification on May 28, inviting Indian citizenship applications from non-Muslim refugees belonging to Afghanistan, Pakistan and Bangladesh. However, the General Secretary of Popular Front on India, Anish Ahmed, contends that the MHA is trying to implement the Citizenship Amendment Act (CAA) without espousing the proper rules of the Act itself.

CAA was a controversial Act passed in 2019 which fast-tracks citizenship of Hindu, Sikh, Buddhist, Jain, Parsi and Christian immigrants from Afghanistan, Pakistan and Bangladesh who arrived in India before 2015. However, it excludes Muslims, a move that has been denounced for undermining India's secular constitution.

Asaram bail: Victim’s father moves SC opposing grant of bail, cites threat to his daughter’s life

Asaram Bapu a self- styled ‘Godman’ with millions of blind followers and ‘helpers’ who are more adept in law’ breaking and getting away with it then actually respecting the public. A Jodhpur Court had sentenced Asaram for life in prison after finding him guilty of raping a teenager in his asharam in 2013. His accomplices, Sharad and Shilpi were sentenced to 20 years in prison for the same case. Asaram is also facing a rape charges in Surat. Before, he had moved the apex court to temporarily suspend his sentence to pursue medical treatment in Ayurveda center. However, now the family of the victim is pleading against the grant of bail citing fears that his family could be killed by the followers of the ‘highly influential, politically connected’ godman.

Supreme Court defers hearing on West Bengal post-poll violence to June 18

The Supreme Court had issues notice to the West Bengal Government to probe into the killing of 2 BJP workers by the AITC workers during the post- poll violence in the state. Solicitor General of India- Tushar Mehta- requested the matter to be deferred to June 18.

Supreme Court hears plea seeking induction of foreign medical graduates to beef up healthcare sector

The Supreme Court on Tuesday heard the plea for the induction of foreign medical graduates for the augmentation of healthcare workers during the Covid-19 Pandemic. The Bench has given the National Medical Commission three weeks’ time to address the plea filed by the students. There are two categories in the given filed plea- A Russian student who has passed the examinations and needs to be joined in the workforce and the two students who have passed the exams but have not been granted internships.

 Supreme Court refuses to grant relief to disgruntled sons seeking to challenge Madras HC order

Madras High Court had initiated contempt proceedings against the children of PS Murthi as they had not vacated the property of their father as directed by V Metropolitan Magistrate, Chennai within the stipulated time. The contention by the Madras High Court was “In the ultimate analysis, we are of the opinion that the respondents are guilty under Section 2(b) of the Contempt of Courts Act, 1971 and accordingly, they are sentenced to undergo simple imprisonment for a period of three months and pay a fine of Rs 2000 each, in default thereof, to undergo simple imprisonment for a period of one week,”. The appeal for relief filed by the sons to the Supreme Court in response to decision of the Madras High Court was not granted.