1. Section 37 NDPS Act should be satisfied for grant of bail in case of commercial quantity drugs: Supreme Court
The Supreme Court overturned a High Court order granting anticipatory bail to an accused caught with 233 kg of Ganja. The top court emphasised caution in granting bail to those with prior criminal involvement in narcotics cases. Justices BR Gavai and Sandeep Mehta objected, stating the High Court lacked prima facie satisfaction under Section 37 of the NDPS Act. The accused was released on bail, with a ?30,000 cost to the Tamil Nadu Advocate Clerk Association.
2. Sharjeel Imam did not ask anyone to pick up weapons, but his speeches captured people's imagination and incited them: Delhi Court
Imam, arrested for speeches against CAA and NRC, had his bail denied by a Delhi court. The court stated that while his speeches didn't directly call for violence, they mobilised the public, contributing to the Delhi riots of February 2020. The judge emphasised that Imam's powerful speeches incited a particular community to participate in disruptive activities, leading to the outbreak of the riots. Imam had argued for bail, citing his four years in jail and eligibility for statutory bail.
3. VHP moves Calcutta High Court against Safari Park giving name Sita to Lioness; says it hurts religious sentiments
The Vishwa Hindu Parishad (VHP) has filed a petition in the Jalpaiguri circuit bench of the Calcutta High Court, seeking a change in the name of a lioness named "SITA" at the Bengal Safari Park. The organisation argues that naming the lioness after a religious deity, Sita, has offended their religious sentiments. The plea requests the court to instruct the park to rename the lioness with a non-religious name. The case is scheduled for a hearing on February 20.
4. Bombay HC Raises Alarm Over Insufficient Police Escort for Prisoners' Medical Visits, Urges Immediate State Action to Ease Prisoners' Difficulties
The Bombay High Court emphasised the issue of insufficient police escorts for prisoners needing urgent medical treatment during hospital visits. The court directed the state to appoint responsible officers to ensure that prisoners receive adequate escort in such cases. Justices Sarang V Kotwal and Shivkumar Dige noted that the shortage of police escorts hinders essential medical services for prisoners and causes delays in bringing them to court hearings, impacting the trial process.
5.'Great Sanctity for Finality of Judgment': Madhya Pradesh High Court Refuses to Entertain Second Review Petition Arising Out of Writ Proceedings
The Madhya Pradesh High Court deemed a second review petition arising from a writ matter as non-maintainable, emphasising the sanctity of the 'doctrine of finality' in judgments. The Division Bench, led by Chief Justice Ravi Malimath and Justice Vinay Shukla, expressed concern over the potential misuse of the legal process by allowing repeated interlocutory applications to reopen concluded judgments. The court labelled such actions as abusing the legal system, with significant consequences for administering justice in a country governed by the 'rule of law.
6. CJI DY Chandrachud inaugurates NLU Prayag Raj; urges University to have Hindi as medium of instruction
Chief Justice of India DY Chandrachud inaugurated Dr Rajendra Prasad National Law University in Prayag Raj, urging the use of Hindi as the medium of instruction to remove barriers for students from diverse backgrounds. CJI Chandrachud, at the event attended by UP Chief Minister Yogi Adityanath, emphasised the disadvantages non-English speaking students face in the current legal education system despite advancements.
7. Delhi court rejects bail plea of Sharjeel Imam in sedition, UAPA case for anti-CAA speeches
A Delhi court denied statutory bail to Sharjeel Imam in sedition and UAPA case related to inflammatory speeches at Jamia and AMU against the CAA and NRC. Additional Sessions Judge Sameer Bajpai of Karkardooma court pronounced the order, stating that Imam is not eligible for statutory bail despite spending four years in jail. The court considered the cumulative punishment for the invoked offences under UAPA, rejecting Imam's argument that the sedition charge has been kept in abeyance by the Supreme Court and that UAPA provisions do not exceed seven years.
8. Excise Policy case: Arvind Kejriwal appears via VC before Delhi court citing floor test, budget session; court adjourns case
Delhi Chief Minister Arvind Kejriwal informed Delhi’s Rouse Avenue Court that he will personally appear on March 16 in the Enforcement Directorate's case against him for non-compliance with summons in the Delhi Excise Policy case. Kejriwal, who attended the proceedings via video conference, cited the ongoing budget session and a floor test as reasons for not appearing physically today. The court, acknowledging his assurance, adjourned the case to March 16. The ED filed a criminal complaint against Kejriwal for not responding to five summons on different dates.
9. Accused Who Surrenders Before Court Can't Be Taken in Custody When Court Hasn't Issued Summoning Order After Taking Cognizance: Supreme Court
The Supreme Court has noted that an accused voluntarily surrendering before the court cannot be taken into custody even without a summoning order. The court emphasised that a bail application from such an accused cannot be entertained. The case involved Souvik, against whom the Trial Court took cognisance based on an Enforcement Directorate complaint under the Prevention of Money Laundering Act. Despite no summoning order, the appellant voluntarily surrendered. However, the Trial and High Court rejected his bail application, leading the matter to the Supreme Court.
10. Must Read Judgments for Supreme Court
i. JOSEPH SHINE V UNION OF INDIA, 2023 INSC 87
The Supreme Court clarified that its 2018 judgment, which struck down Section 497 IPC criminalising adultery, will not affect court martial proceedings against armed forces personnel for adulterous conduct,
ii. UNION OF INDIA V M/S UNION CARBIDE CORPORATION., 2023 INSC 222
The Supreme Court has rejected the curative petition filed by the Central Government, which sought to reopen the settlement with the Union Carbide Corporation (now Dow Chemicals) for additional compensation to the 1984 Bhopal Gas Tragedy victims.
iii. GOVERNMENT OF NCT OF DELHI V UNION OF INDIA., 2023 INSC 517
The Supreme Court ruled that the National Capital Territory of Delhi has legislative and executive authority over administrative services in the National Capital, with the exception of issues pertaining to public order, police, and land.
