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Top Ten Legal Headlines of the Week-14 Nov 2023

Top Ten Legal Headlines of the Week-14 Nov 2023




1. MBBS: Supreme Court Dismisses Plea of Student With 80% Locomotor Disability for Medical Admission in PwD Quota

In this particular case, the petitioner experienced a locomotor disability. To be eligible for reservation under section 32 of the Act, an individual must have a specific disability of at least 40%. The petitioner possessed a medical certificate from a civil hospital in Surat, confirming a 40% disability due to congenital upper limb deformity. However, the plea made by a student with an 80% locomotor disability seeking reservation under the Persons with Disabilities (PWD) quota for admission to the MBBS course was dismissed by the Supreme Court bench, consisting of Justices MM Sundresh and Justice Aravind Kumar.

2. Kerala High Court permits two murder convicts in jail to attend LL. B classes via online mode:

The Kerala High Court granted permission to two individuals, currently serving life imprisonment for murder, to pursue LLB classes online from prison starting from the academic year 2023a-24. In the case of Pattakka Suresh Babu v. State of Kerala, a division bench comprising Justices AK Jayasankaran Nambiar and Kauser Edappagath emphasized that apart from deterrence, the objectives of imprisonment also encompass reformation and rehabilitation.

3. Manipur High Court directs State to lift mobile internet ban in areas untouched by violence:

The Manipur High Court directed the state to activate mobile towers on a trial basis in non-violence-affected district headquarters. The order, in the case of Aribam Dhananjoy Sharma and Ors vs State of Manipur and Ors, was issued by a Division Bench comprising Chief Justice Siddharth Mridul and Justice Golmei Gaiphulshillu Kabui. The State may extend this service to other areas if the law-and-order situation allows. The ban on mobile internet in Manipur was also extended until November 8, as per the Commissioner (Home) of the Manipur government's recent directive.

4. Issue of great concern: Supreme Court seeks Centre's reply to a plea by TN against the Governor for not acting on State Bills

 On Friday, the Supreme Court censured Tamil Nadu Governor RN Ravi for withholding his sanction on about twelve legislation passed by the state Assembly. A bench comprising CJI DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra held important concerns about the submissions made by Tamil Nadu and issued a notice to the Union of India.

5. FIRs against farmers, not a solution to stubble burning; withhold MSP to violators for a year: Supreme Court

In connection with the problem of air pollution in Delhi and neighbouring states stemming from stubble burning, the Supreme Court bench comprising Justices Sanjay Kishan Kaul, Sudhanshu Dhulia, and Ahsanuddin Amanullah deliberated upon The Justices proposed a different method claiming that if stubble-burning farmers were not given MSPs for their crops it would be enough punishment. Court stressed the fact that it is a misconception, that punishing people with severe penalties could curb stubble burning in Punjab and other states. 

6. Kerala High Court allows release of woman under preventive detention to care for pregnant daughter                     

   A female detained in Kerala ATP under KAAPA was granted bail by the Kerala High Court on Wednesday. On this basis, humanitarian consideration led the Court of Appeal division bench consisting of Justice A Muhamed Mushtaq Shoba Annamma Eapen to take such a decision. It required urgent release of the woman because her daughter in an advanced stage of pregnancy needed immediate assistance, and there was no alternative caregiver.

7. Mumbai Air Pollution: Bombay High Court suggests a Delhi-like statutory panel to monitor pollution, AQI

The Bombay High Court recommended that the Maharashtra government contemplate the implementation of legislation resembling the statutory framework and commission established for the National Capital Region (NCR) of Delhi. This would help address issues about air pollution and the low air quality index (AQI) in the economic hub.

8. Urge people to drink water with their hands while visiting hill shrines; avoid plastic bottles: Gujarat High Court

 The Gujarat High Court, responding to a public interest litigation (PIL) filed by advocate Amit Panchal, directed the State government to encourage temple visitors in the Girnar Hill region to drink water using their hands instead of disposable plastic bottles. Chief Justice Sunita Agarwal and Justice Aniruddha Mayee emphasised the need for improved sanitation facilities, addressing concerns about waste disposal in the temples.

9. Delhi High Court stays DRI proceedings against Hero MotoCorp Chairman Pawan Kant Munjal

The Delhi High Court stepped in to halt all legal proceedings by the Directorate of Revenue Intelligence against Hero MotoCorp Chairman Pawan Kant Munjal [Pawan Kant v Directorate of Revenue Intelligence]. Justice Saurabh Banerjee issued this pause on November 3, pointing out that the summoning order from the Additional Chief Metropolitan Magistrate lacked any stated reasons. The move underscores the court's emphasis on fairness and transparency in legal proceedings.

10. Supreme Court bats for changes to its rules to allow electronic copies of trial court records:                              

 The Supreme Court recommends switching to electronic copies of trial court records in criminal appeals for speed and environmental reasons. Justices Abhay S Oka and Sanjay Karol, during the Sajeev vs State of Kerala case, proposed amending rules, specifically sub-rules 2 and 3 of Rule 5 of Order XX of the Supreme Court Rules, 2013. This underscores a commitment to efficiency and environmental consciousness in legal processes