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Top Ten Legal Headlines of The Week-15 Sep 2024

Top Ten Legal Headlines of The Week-15 Sep 2024


                  	

        1. Supreme Court Orders RG Kar Doctors to Return to Work by 5 p.m. till September 10 or Face Action

        On Monday, September 9, the Supreme Court emphasized that no action should be taken against RG Kar doctors returning to work by 5 p.m. on Tuesday, warning that failure to do so could result in disciplinary measures. Concerns about threats to doctors were raised, leading the court to order enhanced security, including separate toilets for male and female staff. The court also scrutinized flaws in the post-mortem report of a junior doctor allegedly raped and murdered, with the CBI highlighting issues like the mishandling of evidence. The court directed the CBI to submit a status report by next week and scheduled a review for September 17.

2. Supreme Court Issues Notice on Challenge to Gurmeet Ram Rahim Singh's Acquittal in 2002 Murder Case

Fresh trouble arose for Dera Sacha Sauda chief Gurmeet Ram Rahim Singh as the Supreme Court on Monday issued a notice seeking his response over his acquittal in the 2002 murder of his former manager, Ranjit Singh. The Court will review the Punjab and Haryana High Court's decision, which acquitted Ram Rahim and four others. A plea, citing "tainted and sketchy" investigations, was filed by Jagseer Singh challenging the acquittal. The bench has given four weeks for responses. Ram Rahim is currently serving a 20-year sentence for raping two disciples.

3. Supreme Court Halts Proceedings Against Shashi Tharoor in PM Modi' Scorpion' Remark Case

On September 10, 2024, the Supreme Court held criminal defamation proceedings against Congress MP Shashi Tharoor for his "scorpion on a Shivling" remark about Prime Minister Narendra Modi. The remark, quoted initially from an unnamed RSS functionary, was used by Tharoor during a 2018 speech. The court questioned why the metaphor was offensive, suggesting it could symbolize invincibility. BJP leader Rajiv Babbar filed the defamation case, but Tharoor's lawyer argued that the statement was made in good faith and should not be considered defamatory. The case will be heard again in four weeks.

4. CBI Court Sends Ex-Principal of RG Kar Medical College, Sandip Ghosh, to Judicial Custody Till September 23 in Financial Irregularities Case

The CBI court ordered former RG Kar Medical College principal Sandip Ghosh, his security personnel, and two contractors to judicial custody until September 23 over charges of financial irregularities. Ghosh was initially arrested on September 2 during ongoing protests at the college. The CBI has indicated it may seek further custody if necessary as investigations continue.

5. Supreme Court Directs States/UTs to Provide Remission Orders to Convicts Immediately After Judgment

The Supreme Court has ordered all States and Union Territories to promptly provide copies of court decisions regarding remission to convicts as soon as a judgment is passed. The Bench, comprising Justices Abhay S. Oka and Augustine George Masih, issued this directive while addressing a suo motu PIL on delayed appeals in conviction cases. The court emphasized that prisoners must be made aware of their right to challenge rejected remission pleas. The National Legal Services Authority (NALSA) was tasked with ensuring timely legal aid and developing a system for quick communication of such decisions.

6. Supreme Court Reviews Swami Shraddhanand's Life Sentence and Rejects Parole Plea

The Supreme Court has issued a notice in the review petition filed by Swami Shraddhanand, whose death sentence was commuted to life imprisonment in 2008. The review petition challenges the condition that Shraddhanand, currently serving life for the 1991 murder of his wife, Shakereh Khaleeli, must remain in jail without parole, furlough, or remission. The court also rejected his second parole plea. The 84-year-old Swami Shraddhanand, previously known as Murali Manohar Mishra, argued that he has reformed and cited awards for good behaviour. The court was reminded of his past actions, including the murder and concealment of his wife's body, and the 2008 judgment's condition for life imprisonment without parole.

7. Delhi High Court Seeks Response from Former IAS Officer Puja Khedkar on Perjury Allegations

On Thursday, the Delhi High Court directed former IAS officer Puja Khedkar to respond to the Union Public Service Commission's (UPSC) plea for perjury proceedings against her. The UPSC alleges that Khedkar made false statements and provided inaccurate information in court regarding her candidature's cancellation. The UPSC claimed Khedkar was informed of her cancellation via email on July 31, but she purportedly stated she learned of it only through a UPSC press release. Senior advocate Naresh Kaushik argued that Khedkar's statements were knowingly false and undermined the legal system. The court has granted Khedkar three weeks to file her reply and scheduled the next hearing for November 26.

8. Supreme Court Seeks Centre's Response on Introducing Rape Law Awareness in Schools

On September 13, 2024, the Supreme Court, led by Chief Justice Dhananjaya Y Chandrachud, sought the Centre's response to a petition advocating for the inclusion of rape laws and women's rights in school curricula. Filed by senior advocate Aabad Harshad Ponda, the petition argues that despite stringent laws, the rise in rape cases highlights a need for grassroots education on sexual equality and legal rights. Ponda emphasized that awareness and education at the grassroots level are crucial to address and prevent rape effectively. The court issued notice and will review further on this matter.

9. Allahabad HC Orders Probe into Arya Samaj for Facilitating Illegal Marriages

The Allahabad High Court has instructed police in Gautam Buddh Nagar and Ghaziabad to investigate claims that Arya Samaj is involved in facilitating illegal marriages. Justice Vinod Diwakar issued the order following petitions from married couples seeking protection from their families. Preliminary inquiries revealed that at least 15 Arya Samaj-affiliated groups conducted marriages using invalid certificates and forged documents, violating the Child Marriage Restraint Act and the Hindu Marriage Act. The court emphasized the need for better document verification and accountability. Reports are due by September 26.

10. Himachal Pradesh High Court Rules Transgender Individuals Cannot Use Law on False Promise of Marriage

The Himachal Pradesh High Court has ruled that Section 69 of the Bharatiya Nyaya Sanhita (BNS), which penalizes sexual relations based on a false promise of marriage, does not apply to transgender individuals. In Bhupesh Thakur vs. State of Himachal Pradesh, the court granted bail to a man accused of deceiving a transgender person into a sexual relationship under the false promise of marriage. The court noted that Section 69 applies explicitly to women, not transgender individuals, based on legal definitions and distinctions. The accused will face charges under the Transgender Persons (Protection of Rights) Act, 2019, instead.


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