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Top 10 Legal Headlines of The Week-31 May 2021

Top 10 Legal Headlines of The Week-31 May 2021


1. Section 313 of CrPC Not Mere Procedural Formality: SC

The Supreme Court bench comprising of CJI NV Ramana and Justice Aniruddha Bose, in the case titled as Satbir Singh v. State of Haryana [ CRA 1735-1736 OF 2020], expressed concern over the recording of statement under Section 313 of the Criminal Procedure Code. The court noted that the examination of the accused under the said section cannot be regarded as a mere procedural formality, as it is based on the principle of fairness.

2. SC Directs Authorities to Upload Information of Children Orphaned in Pandemic in the National Portal

The Apex Court, while hearing an application filed by the Amicus Curiae Gaurav Agarwal, directed the district authorities under the Juvenile Justice Act to immediately upload the information of children who have become orphans after March 2020. It also directed the authorities to immediately take charge of such children and to attend to their basic needs without waiting for any further orders of the Court.

3. HC Can Grant Protection to Accused While Dismissing Anticipatory Bail Plea in Exceptional Circumstances: SC

A Supreme Court bench comprising of CJI NV Ramana, Justice Surya Kant and Justice Aniruddha Bose, noted that a High Court while dismissing anticipatory bail applications can issue protective orders only when there are exceptional circumstances. This observation was made in the case titled Nathu Singh v. State of Uttar Pradesh [CRA 522 OF 2021].

4. Registration of Unorganized Workers Must be Completed as Soon as Possible: SC to Centre, States

The Apex Court bench comprising of Justices Ashok Bhushan and MR Shah, has directed the Central as well as State Governments to complete the registration process of unorganized workers so that they can avail the welfare benefits provided under the government schemes. It was also stated by the Court that it is necessary to maintain a Common National Database for all unorganized workers in different states.

5. Any form of Compromise or Marriage with Accused Shouldn’t Form Part of Bail Condition in Case w.r.t Sexual Offence Against Woman: Allahabad HC

In a case titled Imran v. State of UP, the High Court of Allahabad held that while granting bail in sexual offences against a woman, the bail conditions that are against the principle of “fair justice” to the victim should not be imposed, such as to make any form of compromise or marriage with the accused.

6. Kerala HC Quashes Scheme Allotting 80% Minority Scholarship to Muslims

The High of Kerala quashed orders of the Kerala government announcing scholarships to Muslim Students and Latin Catholic/ Converted Christians in the ratio 80:20. It was also observed by the Court in this case titled Justine Pallivathukal v. State of Kerala and Ors., that State has to treat all notified minorities equally.

7. Delhi Court Reprimands Olympic Wrestler Sushil Kumar to 4 Days Police Custody in Murder Case

The Metropolitan Magistrate Mayank Goel pronounced the order after hearing Delhi Police’s plea seeking 7 days police custody remand of Sushil Kumar and his associate Ajay Kumar in relation to the Chhatrasal Stadium Murder Case of former junior wrestling champion Sagar Dhankar.

8. Gauhati HC Directs DLSA to Provide Immediate Rations to Identified Sex Workers and Family Members Struggling due to COVID

A Division Bench of the Gauhati High Court comprising of Chief Justice Sudhanshu Dhulia and Justice MR Pathak, in a case titled Sri Debajit Gupta v. State of Assam & Ors. directed the District Legal Services Authority to provide immediate ration to sex workers and their family members who were identified by the Deputy Commissioner of the District. The bench also directed the State Government to apprise the Court as to how National AIDS Control Organization through Assam State AIDS Control Society will give relief to sex workers in Assam and how they will be identified for the same.

9. Legal Practitioner with Benchmark Disability Having 7 Years of Experience Can Apply for Appointment as Notary: Centre Amends Notary Rules

The Centre notified Notaries (Amendment) Rules, 2021, which inserts clause (ac) in Rule 3 of Notaries Rules, 1956, providing that a legal practitioner with benchmark disability, with 7 years’ experience can make an application for appointment a notary.

10. Minorities of Afghanistan, Pakistan and Bangladesh Residing in Certain Districts Can Apply for Indian Citizenship: Centre’s Notification

According to the notification issued by the Central Government, Collectors of certain districts of Gujarat, Chhattisgarh, Rajasthan, Haryana, and Punjab, are empowered to exercise the powers of the Central Government under section 5, i.e., registration as a citizen of India or for grant of certificate of naturalization under section 6, of the Citizenship Act, 1955.