View Post

Top 10 legal headlines of the week 06 Dece 2020

Top 10 legal headlines of the week 06 Dece 2020


1. Plea in the Supreme Court seeking direction to Election Commission of India to nullify the election and conduct fresh election if maximum votes come in favour of NOTA.

A plea has been moved in Supreme Court by an advocate and BJP leader Ashwini Upadhyay in the form of a PIL. The plea seeks direction to Election Commission of India to use its plenary power under Article 324 of Indian Constitution i.e., to nullify elections in any constituency if the maximum votes are polled in favour of NOTA. 

2. Hon’ble Supreme Court directed repatriation of children to their families as per procedures Juvenile Justice Act.

On 1st December, a bench headed by Hon’ble Justice Nageswar Rao held that children residing in any Child care Institutions, Juvenile homes, children homes would be repatriated to their families only after the procedures of Juvenile Justice Act are followed. This direction was in relation to the order dated 24th September by National Commission for Protection of Child Rights who favoured for sending the children of any Child Care Institutions back to their families. The order of NCPCR was set aside. Court held that Child Welfare Committees should explore the needs of the children and moreover no child would be sent back without assessment. 

3. Supreme Court questions the Gujrat Government over the fire broken out in Rajkot hospital.

On 27th November 2020, a fire broke out in a covid 19 designated hospital of Rajkot, resulting in five deaths. Hon’ble Supreme Court has taken suo moto cognizance over the matter. The Court at the same time has also questioned the state about the seven number of deaths that also occurred in Ahmedabad. Hon’ble Court has asked the State of Gujrat to submit its detail report in regard to the incidents and adjourned the matter till next Thursday.

4. Supreme Court upholds levy of tax on Lotteries, Betting & Gambling

Supreme Court dismissed a writ petition filed by Skill Loto Solutions Pvt. Ltd. challenging the levy of GST on lotteries as violative of Articles 14, 19(1)(g), 301 & 304 of the Indian Constitution. This was a three judges bench passed on Thursday i.e., on 3/12/2020 which upheld levy of tax on lotteries, betting and gambling.

5. Supreme Court’s direction to Centre, States to ensure compliance of Social Distancing and wearing of masks

On 3/12/2020, Hon’ble Supreme Court led by a three Judges bench of Justices Ashok Bhusan, R. Subhash Reddy & Mr Shah expressed that even though stringent guidelines were in place for ensuring social distancing and wearing masks, they were not achieving desired results and were not followed by most of the states. Therefore, the direction was passed to put forth suggestions for implementation of guidelines and SOP’s for social distancing and wearing masks.

6. Plea for stringent bail provisions not entertained by the Hon’ble Supreme Court.

A writ petition was moved by Advocate Kirti Ahuja and others to bring certain reforms and amendments in the law to make it stringent in cases of rape /gang rape with murder. The petition also included amendment of stringent bail provisions for accused under special enactments like POCSO, PMLA and NDPS. Hon’ble Supreme Court appreciated efforts of the petitioner advocates and granted them the liberty to make a representation to the Ministry of Home Affairs, Ministry of Law and Ministry of Women & Child.

7. Supreme Court directs States & Centre regarding the installation of CCTV cameras in each and every police stations.

Hon’ble Supreme Court observed that the State and Union Territory Governments should ensure that CCTV cameras are installed in each and every police station functioning under them. Justice RF Nariman observed that these directives shall be implemented both in letter and in spirit as soon as possible. This direction was on basis of a special leave petition filed by one Paramvir Singh Saini, which raised issues regarding audio-visual recordings of statements and installation of CCTV cameras in Police stations and prisons generally.

8. Justice Chandrachud’s suggestions for Alternative questions in CLAT for the visually challenged candidates

At the valedictory session of a 3-day International Summit on Legal Professional with Disabilities, organized virtually, Hon’ble Justice Chandrachud spoke that test requires visual and special understanding questions for visually challenged candidates. This was followed by the decision of NLU Consortium to consider if the option of alternative questions should be given in CLAT Examination for Persons with Disabilities particularly visually challenged persons.

9. Arnab Goswami moves Bombay High Court seeking direction to Trial Court to not take cognizance of Charge sheet submitted by Raigad Police.

Raigad Police on 4.12.2020 submitted a 1,914-page charge sheet in Alibaug Court against Arnab Goswami & 3 others in the abetment of suicide case of Anvay Nayak and his mother Kumud. The trio has been charged u/s 306/109/ 34 of Indian Penal Code. Arnab moved the Bombay High Court seeking a direction to the Court of CJM, Alibaug not to take cognizance of the charge sheet filed by Raigad Police alleging the entire case to be malafide on part of State Government.

10. Bar Council of Punjab & Haryana extends its support to farmers’ agitation.

The Bar Council of Punjab & Haryana announces its support to the farmers of India through a press note. It decides to abstain from work on the 8th of December and states that it stands against the new farm laws.