Updates - 16th to 18th June 2022
- Krishnapriya Sreekumar
- Jun 18, 2022
- 5 min read
Updated: Jun 25, 2022
Image Credits: © Vladstudioraw
16th June 2022
PIL filed in SC to sack Delhi Health Minister and Maharashtra Cabinet Minister over Alleged Money Laundering
Recently, a PIL has been filed in the Apex Court seeking a direction to the Delhi Government to sack Health Minister Satyendar Jain and, to the Maharashtra Government to sack Cabinet Minister Nawab Malik over their connections in an alleged money laundering case that is being investigated against them.
16th June 2022
Meghalaya HC reduces rape convict's sentence after observing confession
The Meghalaya HC reduced the sentence imposed upon a 27-year-old man convicted of raping a 3.5-year-old girl as the court observed his confession.
The bench of Hon'ble Chief Justice Sanjib Banerjee and Hon'ble Justice W. Diengdoh reduced his sentence from 20 years of Rigorous Imprisonment and a fine of INR 50,000 to 15 years of Rigorous Imprisonment along with a fine of INR 50,000. In default of the payment of the fine, the convict shall undergo 3 further months of Simple Imprisonment.
This was in furtherance of the Court's observation that "there is no doubt that there is an element of remorse that comes out from the statement [made by the convict]. It is also apparent that it was a matter of the moment when the appellant may have been overcome with lust, but the appellant may not have been cruel in dealing with the minor girl and may have realised his mistake within a short time as he did not detain the minor girl for any great length of time"
The Court thus, considering the conduct of the appellant and his confessional statement, made at the earliest stage, reduced his sentence as stated above.
[Armishal L. Marshillong v. State of Meghalaya & Ors, Crl.A.No 16/2021]
16th June 2022
Bombay HC seeks response from commissioner following a circular mandating approval of ACP, DCP before registering POCSO cases
The Bombay High Court has sought the response of the Mumbai Commissioner of Police in a plea challenging a circular that mandates the prior approval of the Assistant Commissioner of Police and the Deputy Commissioner of Police before registering an FIR for POCSO cases and for offences of outraging the modesty of women.
[Damayanti Madhav Vasave v. The Commissionerate of Police, Greater Mumbai & Anr.]
16th June 2022
Kerala HC: NIA Special Court can grant pardon at any stage of proceedings
The Kerala High Court held that a Special Court trying cases of the National Investigation Agency is empowered to grant pardon at any stage of the proceedings in addition to observing that it is advisable for the Special Court to consider an application of grant of pardon by itself, if cognizance is taken directly.
[Suresh Raj v. National Investigation Agency]
16th June 2022
Karnataka HC: Baseless allegations of husband's impotency in presence of relatives amounts to cruelty
A Bench comprising of Justices Sunil Dutt Yadhav and KS Hemaleksha opined that no reasonable woman would levy baseless allegations of her husband's impotency [i.e., without legally substantiating the same] in the presence of his relatives and that such an act would amount to mental cruelty under Section 13(ia) of the Hindu Marriage Act. In light of the same, the Court granted a decree of divorce in favour of the husband
[Shashidhar Chachadi v. Vijayalaxmi Chachadi]
16th June 2022
Kerala HC: Mandating CLAT Clearance for appointment of NTPC Law Officer violative of Article 16
The Kerala High Court has held that a condition requiring applicants to clear the Common Law Assessment Test [CLAT] for the post of Assistant Law Officer in National Thermal Power Corporation Limited (NTPC) was violative of Article 16 of the Constitution of India.
The Single Bench of Justice V.G Arun, in an effort to not upset the selection process, directed the respondents to accept the petitioner's application and test her eligibility through a selection process.
[Aishwarya Mohan v. Union of India & Ors.]
16th June 2022
PIL filed in Apex Court challenging divorce through Talaq-e-Hasan
The Supreme Court will hear a plea challenging the validity of divorce through Talaq-e-Hasan, one of the forms of triple talaq. This form permits a Muslim man to divorce his wife by saying the word 'talaq' once a month for three months.
The PIL additionally sought guidelines on gender and religion-neutral procedure and grounds for divorce.
[Benazeer Heena v. Union of India & Ors]
17th June 2022
Bombay HC halts SEBAMED's broadcast of advertisements ridiculing HUL products
The Bombay HC has provided great relief to Hindustan Unilever Limited (HUL) and Wipro Enterprises Pvt. Ltd. by permanently restraining USV Pvt. Ltd. (USV), the owner of the soap brand SEBAMED, from broadcasting advertisements either print or electronic, ridiculing soap brands owned by HUL including Lux, Pears and Dove.
The Single Bench of Justice AK Menon directed USV to destroy all copies of the derogatory advertisements used by the company so far and restrained them from publishing or broadcasting any in the future.
17th June 2022
Bombay HC: The term "Sexually Explicit" under Section 67A, IT Act will include nude video
Justice Bharati Dangre opined that the term 'sexually explicit' under section 67A of the Information Technology Act, 2000. isn't limited to the act of intercourse and also includes the forwarding of nude videos.
Section 67A reads:
Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form.
Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.
[Esrar Nazrul Ahemad v. State of Maharashtra]
17th June 2022
Allahabad HC issues directions to municipal authorities to publicize rights of sanitation workers
The Bench of Justice Chandra Kumar Rai and Justice Manjor Kumar Gupta opined that "albeit a lot has been done on papers, the benefits have not trickled down to the beneficiaries. Only framing SOPs and guidelines without having any mechanism in place to ensure implementation is of no use". Subsequently, the Bench directed municipal authorities to publicize the rights and entitlements of sanitation workers stating that each worker is to be given a brief one-page pamphlet enlisting the same.
The case will be further head on July 5.
[In Re Ensuring the Security of Life and Safety of Health of the Workmen and Employees Engaged]
17th June 2022
Allahabad HC: Central Government notifies appointment of 10 additional judges as permanent judges
The Centre has notified that 10 additional judges of the Allahabad High Court will now serve as permanent judges. The Judges include Justice Sanjay Pachori, Justice Subhash Sharma, Justice Subhash Chand, Justice Saroj Yadav, Justice Mohd. Aslam, Justice Anil Ojha, Justice Sadhna Rani (Thakur), Justice Syed Aftab Husain Rizvi, Justice Ajai Tyagi, and Justice Ajai Srivastava-I.
The decision came pursuant to the recommendation made by the Supreme Court Collegium on May 21, 2022.
18th June 2022
Orissa HC: Can't issue Habeas Corpus for Custodial Matters between husband and wife
The Orissa High Court has opined that a writ of Habeas Corpus cannot be issued for granting custody of children from one parent to another and in light of the same, denied to issue the said writ in favour of a woman who claimed custody of her minor child from her husband. The Bench of Justices Sangam Sahoo and Murahari Raman reiterated that the power of the High Court to issue writs under Article 226 of the Constitution is qualified only in cases where the detention of a minor is by a person who is not entitled to his legal custody.
"In view of the ratio laid down in the aforesaid case and in the factual scenario, when the alternative efficacious remedy is available, we are not in not inclined to entertain the writ petition which is in the nature of habeas corpus. However, the petitioner is at liberty to seek appropriate remedy before appropriate forum in accordance with law"
[Koushalya Das v. State of Odisha & Ors.]
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