1. Centre opposing woman joining Coast Guard: Supreme Court
In February, the Supreme Court criticized the Central government for denying PC to Tyagi, stressing alignment with the Army and Navy in granting permanent commissions to women officers. Referring to its 2020 judgment in Babita Punia, where it ruled that women Short Service Commission officers deserve Permanent Commission on par with men, the Court questioned the government's opposition to granting PC to Priyanka Tyagi, a woman Short Service Appointment officer in the Indian Coast Guard. Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra allowed Tyagi to continue as a general duty officer.
2.No predicate offence: Supreme Court quashes money laundering case in Chhattisgarh liquor scam.
The Supreme Court dismissed the money laundering case against a Chhattisgarh bureaucrat and the kin of the Raipur mayor linked to the State's liquor policy scam. Justices Abhay S Oka and Ujjal Bhuyan ruled that there was no predicate offence, which was crucial for a money laundering case under the Prevention of Money Laundering Act (PMLA). They emphasized that the PMLA cannot be automatically invoked based on Section 120B (criminal conspiracy) of the Indian Penal Code without a clear scheduled offence.
3. For First Time, Supreme Court Recognizes Right To Be Free From Adverse Effects Of Climate Change
The Supreme Court, in a landmark judgment dated March 21, recognized the right to be free from the adverse effects of climate change as a distinct right under Articles 14 and 21 of the Indian Constitution. The Court emphasized that this right is supported by scientific consensus, India's international commitments, and international law, including the Paris Agreement. The detailed judgment, released recently, elaborates on climate change's impact on fundamental rights and India's responsibilities to reduce carbon emissions.
4. Supreme Court slams Uttarakhand government for not acting on misleading Patanjali ads
The Supreme Court, led by Justices Hima Kohli and Ahsanuddin Amanullah, handles the Indian Medical Association's case against Patanjali's alleged smear campaign on COVID-19 vaccination and modern medicine. In November 2023, the Court directed Patanjali to halt false ads. Recently, it criticized the Uttarakhand government for negligence and mandated detailed responses from district Ayurvedic and Unani officers since 2018 regarding Patanjali's misleading ads.
5. Insurance Law| Insurer's Burden To Prove Insured Suppressed Material Facts: Supreme Court
The Supreme Court upheld an insurance claim repudiated by an insurance company due to alleged suppression of existing policies by the insured. The Court ruled that the burden of proof lies with the insurer to prove the existence of other policies, which they failed to do in this case. The appellant, the insured's daughter and nominee, appealed to the Supreme Court after the National Consumer Dispute Redressal Commission denied the insurance claim.
6. NDPS Act | Officer Must Mandatory Record In Writing Reasons For Arrest/Search As Per S.41(2), Violation Will Vitiate Trial: Supreme Court
The Supreme Court recently overturned the conviction of accused individuals under the Narcotic Drugs and Psychotropic Substances Act of 1985. The Court rejected the National Bureau of Narcotics' argument that written information wasn't necessary for a raid based on personal knowledge. The Court emphasized that Section 41 of the Act mandates recording the reason for belief before a search, either from personal knowledge or information, thus safeguarding the rights of the accused.
7. Facial Recognition Technology prime example of high-risk Artificial Intelligence: CJI DY Chandrachud
Chief Justice of India (CJI) DY Chandrachud recently discussed the risks of adopting Artificial Intelligence (AI) tools in the legal profession and society. He highlighted concerns about bias and indirect discrimination, especially with facial recognition (FRT) technologies. While acknowledging AI's potential to improve services and professions, he emphasized the need for careful examination due to the complex ethical, legal, and practical considerations in integrating AI into court proceedings.
8. Hospital cannot insist on police complaint to treat pregnant minor: Bombay High Court
In India, having sexual relations with a minor is considered statutory rape if one person is an adult while the other is underage. The law, known as the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), punishes adults who engage in such acts with minors. In a recent case involving two minor individuals, the pregnant girl chose not to disclose her partner's identity and did not file a legal case. The Bombay High Court ruled that hospitals cannot deny medical care to pregnant minors solely because no police complaint was lodged. The court stressed that medical treatment shouldn't be contingent on filing a criminal case, especially when both minors agree to the relationship.
9. CIC slams the Election Commission for not replying to RTI on EVMs for over a year
The Central Information Commission (CIC) criticized the Election Commission of India (ECI) for not responding to an RTI query on Electronic Voting Machines (EVMs) for over a year. The case stemmed from an RTI application filed by retired civil servant MG Devasahayam, seeking information about the credibility of EVMs and Voter-Verifiable Paper Audit Trail (VVPAT) machines. CIC Chief Information Commissioner Heeralal Samariya demanded explanations from the concerned officers, citing a violation of the RTI Act.
10. SBI Refuses to Disclose In RTI Response Fees Paid To Sr Adv Harish Salve In Electoral Bonds Case
On February 15, the Supreme Court struck down Electoral Bonds, citing a violation of voters' right to information on political funding. They ordered the State Bank of India to reveal bond details from April 12, 2019, to February 15, 2024, to the Election Commission by March 6, 2024. The Supreme Court denied SBI's extension request to disclose Electoral Bonds data. Harish Salve represented SBI. The Bank refused to disclose Salve's legal fees, citing RTI Act exemptions for third-party information in a fiduciary capacity and commercial confidentiality.
