Updates - 7th and 8th June 2022
- Krishnapriya Sreekumar
- Jun 9, 2022
- 4 min read
Updated: Jun 10, 2022
Image Credits: © Vladstudioraw
June 7, 2022
Supreme Court: when a statutory remedy is available, writ petitions should be discouraged
The Apex Court reiterated that when a remedy already exists under a statute, petitions filed under Article 226 of the Constitution should be discouraged by High Courts.
The Bench consisting of Justice Ajay Rastogi and Justice Vikram Nath observed the same in consideration of a Special Leave Petition.
[Kotak Mahindra Bank Limited v. Dilip Bhosale, SLP (C) 13241 of 2019]
June 7, 2022
SC compounds a case of an attempt to murder after the accused marries the victim's sister.
The Apex Court, on Tuesday, compounded a case of Section 307 of the Indian Penal Code of 1860; Attempt to murder, after observing that the accused subsequently married the victim's sister.
A bench comprising Justice BR Gavai and Justice Hima Kohli invoked the Supreme Court's powers under Article 142 of the Constitution of India to compound the offence.
Article 142 grants the Supreme Court the power to pass such decree or make such order whilst exercising their jurisdiction, as necessary for doing complete justice in a cause or matter pending before it.
The accused was sentenced for an offence under Section 307 IPC, read with Section 149 IPC [Every member of unlawful assembly guilty of offence committed in prosecution of common object]. The High Court reduced his sentence to 3-year imprisonment, but an appeal was still preferred before the Apex Court, during which such marriage occurred.
The Court observed: "In the peculiar facts and circumstances of this case, particularly when there is a marriage within the families of the injured and the accused, we consider it a fit case wherein this Court could exercise its power under Article 142 of the Constitution of India".
[Guhan v. State, represented by Inspector of Police, CA No. 884 of 2022]
June 8, 2022
Kannagi Murugesan Honor Killing Case: Madras HC commutes death sentence of brother
The Madras High Court on Wednesday commuted the death sentence of Kannagi's brother Marudupandian to life imprisonment. The Bench comprising of Justice PN Prakash and Justice AA Nakkiran passed also confirmed the life sentence of Kannagi's father.
The case involved the brutal murder of an inter-caste couple, D Kannagi and S Murugesan, who were poisoned by the former's family. Murugesan belonged to the Dalit Community and Kannagi, the Vanniyar Community. The couple married in secret in 2003. When her family found out, they were made to drink poison, resulting in their immediate death. The bodies were later burned.
This case was regarded as one of the first 'Honor Killing' instances in Tamil Nadu. The case was eventually handed over to CBI after a botched-up police investigation.
An SC/ST offences Special Court had initially awarded the death sentence to Marudupandian and sentenced 12 others, including her father, to life imprisonment.
The Court also found two police offers guilty under the SC/ST Act, 1989, for failing to register a complaint and intentionally aiding the convicts.
[Deputy Commissioner of Police v. C Duraisamy, RT No. 4 of 2021]
June 8, 2022
Kerala HC calls for sex awareness among adolescents.
The Kerala High Court expressed concerns over adolescents being unaware of the implications of engaging in sexual relations, even if consensual, under the Protection of Children from Sexual Offences (POCSO) Act of 2012 and the amended Section 376 of the Indian Penal Code, 1860.
Justice Bechu Kurian Thomas observed, "Young children, irrespective of gender, indulge in such acts, unmindful of the drastic consequences that await them. The amendments brought into the Indian Penal Code, 1860, and the enactment of the Protection of Children from Sexual Offences Act, 2012, envisage very harsh consequences for such offensive acts. Unfortunately, the statute does not distinguish between the conservative concept of the term rape and the sexual interactions arising out of pure affection and biological changes."
The matter will be heard again on June 27, 2022.
[Anoop v. State of Kerala and Ors.]
June 8, 2022
Madras HC: Duty of social media intermediaries to block videos violating guidelines
On Wednesday, the Madras High Court held that social media intermediaries must block video content if they are in contravention of their policies, guidelines, and contract terms.
[State, represented by Inspector of Police v. A Duraimurugan Pandiyan Sattai @ Duraimurugan]
June 8, 2022
Kerala HC: Use of DJ LED lights and multi-toned horns in MV is not legally permissible
The Court issued such directions in light of a suo motu case regarding an increase in road accidents.
A Division Bench of Justice Anil K Narendran and Justice PG Ajith Kumar observed that using high power audio systems with multiple boosters, power amplifiers, speakers, etc., producing loud noise is not legally permissible in motor vehicles. The Bench held that such is a distraction to not only the driver and passengers but also other drivers and persons on the road.
The Bench additionally observed that DJ dancing lights, laser lights, etc. violate safety standards and pose a fire hazard to passengers.
Advocate N. Raghuraj appeared as amicus curiae for the Court in this matter.
[Suo Motu v. State of Kerala & Ors.]
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