1. No Absolute Bar on Anticipatory Bail for Proclaimed Offenders: Supreme Court
The Supreme Court has clarified that being declared a proclaimed offender under Section 82 of the Criminal Procedure Code (CrPC) does not impose an absolute bar on seeking anticipatory bail. While considering such pleas, courts must evaluate factors like the circumstances of the case, the nature of the offence, and other relevant aspects. The observation was made in Asha Dubey v. State of Madhya Pradesh, emphasising judicial discretion in balancing rights and accountability.
2, Supreme Court Issues Notice to PayPal in ?32 Crore IT Demand Case
The Supreme Court has issued a notice in an appeal filed by the Income Tax department against the Bombay High Court's order staying a ?32 crore penalty notice issued to PayPal. The case pertains to allegations of underreporting income for the Assessment Year 2020-21. The Income Tax Department's plea challenges the High Court's stay on the final assessment order, seeking reconsideration by the top court (ACIT v. PayPal Payments Pvt Ltd).
3. Supreme Court Questions Centre on Delay in Delimitation in Three NE States
The Supreme Court has sought an explanation from the Union government for the four-year delay in conducting delimitation exercises in Nagaland, Arunachal Pradesh, and Manipur. "What were you doing for four years? What have you done to set the ball rolling?" the Court asked the Additional Solicitor General during the hearing. The plea, filed by the Delimitation Demand Committee for the State of Arunachal Pradesh, Assam, Manipur and Nagaland, highlights the Centre's inaction on this critical issue.
4. Supreme Court Grants Anticipatory Bail to Malayalam Actor Siddique in Rape Case
The Supreme Court on Tuesday granted anticipatory bail to Malayalam actor Siddique in a rape case filed against him. During the hearing, the Bench questioned the complainant's approach, stating, "You had the courage to post on Facebook but not go to the police station?" The relief was granted following a detailed review of the case circumstances (Siddique v. State of Kerala and Anr).
5. Physical Contact With Sexual Intent Without Penetration Constitutes Assault Under POCSO Act: Kerala High Court
The Kerala High Court has clarified that physical contact with a child, if accompanied by sexual intent, amounts to sexual assault under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), even in the absence of penetration. The Court upheld a trial court's interpretation of the Act, emphasising the importance of intent in determining such offences (Ajith Prasad Edacherry v. State of Kerala).
6. Supreme Court Restores Evidence Tampering Case Against Kerala MLA Antony Raju
The Supreme Court reinstated criminal proceedings against former Kerala minister Antony Raju in the underwear evidence-tampering case. This reverses the stay granted in July 2023 on fresh proceedings initiated against him. The case revolves around allegations of tampering with material evidence in a legal matter (Antony Raju v. State of Kerala and anr).
7. Supreme Court: FIR Alone Insufficient to Deny Government Job
The Supreme Court upheld a Kerala High Court judgment, ruling that the State cannot disqualify a candidate from government employment solely due to the registration of a criminal case. The Court emphasised that while verifying a candidate's character and antecedents, mere allegations by the prosecution cannot form the basis for disqualification (State of Kerala & Ors. v. Durgadas & Anr).
8. Breakup Alone Cannot Lead to Rape Case: Supreme Court
The Supreme Court quashed a rape case against a man, emphasising that a mere breakup of a consensual relationship cannot be construed as rape. The Court noted that the complainant's prolonged association and physical relationship with the accused implied her consent. It deemed the allegations unsustainable under such circumstances (Prashant v. State of NCT of Delhi).
9. Supreme Court Stays Disqualification of Six Himachal Congress MLAs
The Supreme Court granted interim relief to six Congress MLAs in Himachal Pradesh, who stayed their disqualification after the High Court quashed the 2006 Act, enabling their appointment as parliamentary secretaries. The High Court had ruled that the Act violated Article 164(1-A), which limits cabinet size, and declared the legislators’ protection under the 1971 Act illegal. The Supreme Court, led by CJI Sanjiv Khanna, issued notices on the appeal by the State government and set the matter for further hearing in January 2025 (State of Himachal Pradesh v. Kalpana Devi).
10. Plea in Supreme Court Seeks Fresh Probe into US Indictment Against Gautam Adani
Advocate Vishal Tiwari has filed a plea in the Supreme Court requesting a fresh probe into allegations against the Adani Group, citing recent US government indictments. The plea, linked to ongoing proceedings following the 2023 Hindenburg report, highlights bribery and securities fraud charges against Gautam Adani and associates by US authorities. The indictment alleges a $265 million bribery scheme tied to Indian solar energy contracts. The petitioner also points to SEBI's delayed investigation and urges the Court to admit new evidence and direct further inquiry into the allegations.
