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Top Ten Legal Headlines of The Week-18 Dec 2023

Top Ten Legal Headlines of The Week-18 Dec 2023


1. Delhi High Court refuses to entertain writ petition to implement Women's Reservation Bill before 2024 polls.              

Delhi-based lawyer Yogamaya MG filed a plea urging the High Court to direct the Central government to provide a definite date for implementing the Women's Reservation Bill 2023, ensuring 33% reservation for women in the Lok Sabha before the 2024 general elections. However, the Delhi High Court rejected the petition, citing the prolonged uncertainty surrounding the delimitation process [Case: Ms Yogamaya MG v Union of India and Ors].

2. Parliament security breach: Delhi Court remands alleged mastermind Lalit Jha to seven days police custody

 During Lok Sabha proceedings, Sagar Sharma and Manoranjan D entered the chamber with smoke-emitting canisters, leading to their arrest by Delhi Police. Lalit Jha, considered the security breach's mastermind, was remanded to seven days of police custody by Additional Sessions Judge Hardeep Kaur. This decision follows a similar order for four others linked to the case. Today, Public Prosecutor Akhand Pratap Singh sought fifteen days of custody for Jha.

3."Move Czech court": Supreme Court to family of Nikhil Gupta detained in Prague for plot to kill Khalistani separatist Pannun

The family of Nikhil Gupta, an Indian national detained in the Czech Republic for allegedly conspiring to assassinate Gurpatwant Singh Pannun, filed a Habeas Corpus plea in the Supreme Court. The bench, consisting of Justices Sanjiv Khanna and SV Bhatti, suggested that the petitioners approach the Court in the Czech Republic for relief.

4. Karnataka Legislative Assembly passes Karnataka Prohibition of Violence against Advocates Bill, 2023                               

The Karnataka Legislative Assembly passed the Karnataka Prohibition of Violence against Advocates Bill, 2023, introduced by Law Minister HK Patil on December 11, 2023. The bill aims to protect advocates from malicious prosecution that may interfere with their duties and the administration of justice.

5. Justice Rohinton Nariman suggests having a Collegium with retired judges, urges courts to protect media from tax raids

 Former Supreme Court judge Justice Rohinton Nariman proposes replacing the Collegium system with independent, retired judges in appointing Supreme Court and High Court judges. He acknowledges flaws in the current system and suggests that practicing advocates select retired judges for this revised process.

6. Karnataka High Court restrains political parties and individuals from visiting women stripped and beaten at Belgavi

The Karnataka High Court urgently prohibited political parties and individuals from visiting a 42-year-old woman in Belgavi, who was recently assaulted publicly after her son eloped. The Court acted swiftly in response to a Times Now report, expressing concern that visits by the National Human Rights Commission and a political delegation might worsen the victim's mental health.

7. Rape Is Rape Even If Committed by A Husband Against Wife': Gujarat High Court, Says Need to Break Silence Over Gender Violence

The Gujarat High Court recently rejected the marital rape exception under Section 375 of the Indian Penal Code, asserting that rape is rape, regardless of marital status. The Court highlighted that marital rape is illegal in 50 American States, 3 Australian States, and many other countries. This observation comes amidst pending Supreme Court petitions seeking the criminalisation of marital rape in India.

8. Master-Servant Relationship Continues During Suspension Period, Workman To Follow All Rules Governing Post: Supreme Court

In a recent case, a bank employee faced suspension in 1982 for disorderly behaviour. After an inquiry, he was found guilty and received a punishment of stoppage of two graded increments with cumulative effect in 1983. The Supreme Court, in a ruling on deeming voluntary retirement in a Bipartite Agreement, emphasised that the master-servant relationship continues during a suspension, and the employee must adhere to all relevant rules governing the position during that period.

 9 No Adverse Inference Against Prosecution Merely Because Witnesses Are Withheld: Supreme Court

The Supreme Court upheld the credibility of eyewitness testimony from close relatives of the deceased, emphasising the need for closer scrutiny. The Court also clarified that the absence of witnesses does not automatically favour an 'adverse inference' against the prosecution, as seen in a recent case where a criminal appeal was dismissed on December 13.

10. Though Advocates Settle Pleadings & Argue on Clients' Instructions, They Have Duty to Verify Facts from Case Records: Supreme Court

The Supreme Court, while denying bail to Saumya Chaurasia in a money laundering case, highlighted the duty of advocates to verify facts diligently from the case record. The observation underscores the importance of legal professionals ensuring accuracy in court proceedings.