1. High Court Judges Must Adhere to Chief Justice’s Jurisdiction Allocation: Supreme Court
The Supreme Court has reinforced that High Court judges must operate strictly within the jurisdiction assigned to them by the Chief Justice. The ruling came in a case involving the Allahabad High Court, where a writ petition under Article 226 was dismissed as infructuous after a chargesheet was filed. The petitioners argued that the High Court could have reclassified the petition under Article 227. Still, the Supreme Court disagreed, emphasising that judges cannot alter petition classifications without the Chief Justice’s authorisation. The appeal was dismissed, affirming strict adherence to jurisdiction rules.
2. Defamation Case Against Shivraj Chouhan to Proceed: Madhya Pradesh High Court
The Madhya Pradesh High Court upheld the trial court's decision to proceed with Vivek Krishna Tankha’s defamation case against Union Minister Shivraj Singh Chouhan and two BJP leaders. Justice Sanjay Dwivedi ruled on October 25 that the evidence presented was prima facie sufficient for the trial. Chouhan’s counsel argued that the material was inadmissible, but Senior Advocate Kapil Sibal, for Tankha, contended that admissibility would be determined during the trial. The Court emphasized that only trial proceedings could confirm the sufficiency of the evidence, thus rejecting the plea to quash the case.
3. Supreme Court Denies Broad Interpretation of Citizenship Act
The Supreme Court ruled that the Citizenship Act of 1955 cannot be liberally interpreted to grant Indian citizenship to foreigners. Justices Abhay S Oka and Augustine George Masih emphasised that the law’s language is unambiguous and must be applied as written. The Court set aside a Madras High Court decision allowing Pranav Srinivasan to claim Indian citizenship despite his parents renouncing theirs before his birth. Pranav argued for citizenship based on his parents' and grandparents' Indian origins, but the Court held that his claims did not align with statutory provisions. Srinivasan may still apply under specific citizenship clauses.
4. Punjab & Haryana High Court Slams Police for Turning Station into Studio for Lawrence Bishnoi Interview, Orders Fresh Probe
The Punjab & Haryana High Court criticised Punjab Police for converting a police station into a studio to facilitate gangster Lawrence Bishnoi’s interview with ABP News, potentially glorifying crime and raising corruption concerns. The Bench, led by Justices Anupinder Singh Grewal and Lapita Banerji, found the SIT’s cancellation report insufficient and ordered a new investigation into possible criminal conspiracy and corruption, led by Prabodh Kumar. The Court emphasised accountability for senior officers and demanded an affidavit from the DGP addressing misleading statements and the prolonged detainment of Bishnoi at the CIA Staff Kharar premises.
5. Kerala High Court Grants Interim Bail to Actor Balachandra Menon in 2007 Sexual Assault Case
The Kerala High Court granted interim anticipatory bail to actor Balachandra Menon until November 21 in a sexual assault case from 2007. Justice CS Dias highlighted the unexplained delay in filing the FIR, registered only in September 2024. Menon argued that the allegations aimed to damage his reputation and extort money. The FIR cites Sections 354, 506, and 509 of the IPC. Menon also claimed to have faced threats from the complainant. The court ordered his release if he was arrested, pending further hearings.
6. Himachal Pradesh High Court: Birth Registration Cannot Be Denied for Children from Invalid Marriages
The Himachal Pradesh High Court ruled that birth registration cannot be denied to children born from unregistered or legally invalid marriages. Justice Jyotsna Rewal Dua emphasised that children's rights must be acknowledged independently of their parents' marital status, referencing Section 16(3) of the Hindu Marriage Act, which legitimises children of void marriages. The Court criticised Panchayat authorities for rejecting registration based on marital validity and directed the State to ensure timely birth record entry. The first wife of the children's father had no objections to their registration, strengthening the Court's position.
7. Supreme Court Stays NGT Action Against Ghaziabad Local Body Over Sewage Treatment Plant
The Supreme Court has upheld a National Green Tribunal (NGT) order that directed punitive action against the Dasna Nagar panchayat in Ghaziabad for a non-functional sewage treatment plant. While the court has suspended the NGT's penalty, it ordered the local body to deposit ?23.7 lakh in interim environmental compensation with the Supreme Court by December 2, 2024. The Nagar panchayat argued that genuine technical and financial challenges hindered the plant's operation and emphasised its limited role in project approvals. The Court will hear the matter further on December 9, 2024.
8. Gujarat Lok Adalat Resolves 7,866 Cases, Aiding Overdue Dispute Settlements
The Gujarat State Legal Services Authority (GSLSA) successfully organised a Special Lok Adalat focused on settling long-standing cases, particularly those related to checking dishonour and matrimonial disputes. Out of nearly 50,000 cases heard, 7,866 were resolved, 6,770 involving the Negotiable Instruments Act and 1,096 matrimonial disputes. Chief Justice Sunita Agarwal of the Gujarat High Court spearheaded the initiative, which aims to expedite the resolution of cases pending for over five years. The initiative is part of a broader effort to clear 20—to 30-year-old cases by mid-2025.
9. Madras High Court Upholds Delay Limits in NIA Appeals
The Madras High Court has ruled that it lacks the authority to condone delays in filing appeals under the National Investigation Agency Act, 2008 (NIA Act) beyond the limits set in Section 21(5). This ruling came during a case involving the NIA's attempts to appeal a special court's bail decision for two accused individuals. The Court clarified that a previous ruling allowing delays for accused persons while denying the same to the prosecution was not a valid law. Consequently, the Court dismissed the NIA's appeal due to the lapse of time, reaffirming that the statutory limitations are unambiguous and must be strictly adhered to.
10. Delhi High Court Grants Interim Relief to Suspended JNU Students
The Delhi High Court has granted interim relief to nine suspended JNU students facing allegations of sexual harassment and violence during a freshers party on October 22. Justice Purushendra Kumar Kaurav noted that the university suspended the students without giving them a chance to be heard. The Court ordered that the students must not vacate their hostel rooms until the case is reviewed on November 8. The students have denied the allegations, claiming they were unfairly targeted, while the JNU Students' Union criticised the university's investigation process.
