1. Supreme Court Suggests Open Air Prisons As Solution To Overcrowding Of Prisons, Cites Rajasthan Model
The Supreme Court, under Justices B. R. Gavai and Sandeep Mehta, explored solutions for prison overcrowding, suggesting open-air prisons as a viable option. They praised Rajasthan's implementation and proposed a nationwide adoption. The discussion also emphasized informing convicts about their rights, including access to legal services through the e-Prisons module for appellate court representation.
2. Supreme Court Agrees to Hear Plea Alleging Data Privacy Violation by Foreign Credit Information Companies
The Supreme Court, led by Chief Justice DY Chandrachud, examines a Public Interest Litigation concerning alleged financial data privacy violations by four foreign credit information companies. The petitioner accuses these companies of storing and selling sensitive financial information of Indian banking customers without consent, breaching the CICR Act 2005. The Court has appointed Mr K Parameswara as Amicus Curiae to assist in the matter
3. YouTube Channels Have Become A Menace To Society, State Should Regulate Them: Madras High Court
The Madras High Court criticized YouTube channels for publishing derogatory content to gain subscribers, urging state regulation. Youtuber Felix Gerald faced charges for facilitating derogatory remarks in an interview, prompting the Court to reject his anticipatory bail plea. The judge emphasized Gerald's role in encouraging such statements, impacting the morale of the police force.
4. Contains Dense Forests, Can't Uproot Trees To Make New Building': Uttarakhand HC Declines To Accept State's Allocation Of Land For New HC Complex In Haldwani
In response to the Uttarakhand government's proposal to relocate the High Court building to Haldwani, the Uttarakhand High Court declined the offer of 26 hectares of land in Golapar. The decision came after it was noted that 75% of the proposed land was densely forested. Chief Justice Ritu Bahri and Justice Rakesh Thapliyal emphasized preserving the environment. They stated they did not wish to uproot trees to construct the new High Court.
5. Consumer Protection Act 1986 | Onus Of Proving That Service Was Availed For 'Commercial Purpose' Is On Service Provider: Supreme Court
In a recent consumer protection case, the appellant argued that a complaint was invalid because the consumer used their services for commercial purposes. Justice Aravind Kumar's judgment scrutinized the Consumer Protection Act's definition of a consumer and found the complaint valid. The Supreme Court upheld this ruling, stating service providers must prove commercial use before disputing complaint validity.
6. RP Act | Election Petitioner Can File Replication To Respondent's Written Statement If New Facts Aren't Introduced: Supreme Court
The High Court allowed the election petitioner to file a replication in response to the returned candidate's written statement, despite objections based on the 45-day limitation in Section 81(1) of the Representation of Peoples Act, 1951. The Supreme Court clarified that while a replication cannot introduce new facts, the High Court has the authority, akin to a civil court under CPC, to permit a replication under Order VIII Rule 9, ensuring fairness in the electoral dispute process.
7. Supreme Court Rejects NIA's Challenge To HC Order Granting Bail To Businessman In UAPA Case For Allegedly Funding Maoists
The NIA confiscated assets worth Rs 20 crore under the Unlawful Activities (Prevention) Act, alleging Mrityunjay Kumar Singh's involvement in funding CPI (Maoist). The Supreme Court granted him bail but allowed NIA to cancel it if conditions were violated. Singh maintained that the funds were for his construction business, not for terrorism.
8. Supreme Court Allows Interim Release Of Delhi CM Arvind Kejriwal Till June 1
Arvind Kejriwal, Delhi's Chief Minister, was arrested by the Enforcement Directorate on March 21 following the denial of interim relief by the Delhi High Court. Despite being in custody since then, the Supreme Court has allowed his interim release until June 1 in the Delhi liquor policy case. This decision considered Kejriwal's status as an elected official and the forthcoming Lok Sabha Elections. The Court noted the considerable delay between the case's registration in August 2022 and Kejriwal's arrest in March 2024 as a factor in this decision.
9.S.106 Evidence Act | Unless Prosecution Proves Case Beyond Reasonable Doubt, Burden Of Proof Can't Be Shifted To Accused: Jharkhand High Court
The recent ruling by the Jharkhand High Court overturned a trial court's judgement in a murder case, highlighting the necessity for the prosecution to prove its case beyond reasonable doubt. The Court stressed that unless the prosecution solidifies its case, the burden of proof cannot shift to the accused, as per Section 106 of the Evidence Act. The Justices noted that the prosecution failed to prove the appellant's presence at the crime scene, and thus, the burden of proof couldn't be shifted to the accused.
10. Supreme Court Questions MTP Act For Allowing Abortion Of Pregnancy Beyond 24 Weeks In Case Of Foetal Abnormality, But Not Minor Rape Or Incest
The recent Supreme Court judgment questioned the 24-week limit in the Medical Termination of Pregnancy Act, particularly for minors in rape or incest cases. It highlighted concerns about the Act's classification of substantially abnormal fetuses versus instances like rape. In a specific case involving a minor victim seeking termination after sexual assault, the Court initially allowed termination beyond 24 weeks but later reconsidered due to medical risks and the minor's changed wishes, ultimately recalling the termination order in favour of delivering the child on the due date, prioritizing the minor's well-being and parental input.
