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Supreme Court to Hear Petitions Against Election Commissioners’ Appointment Law Introduction: A Landmark Hearing on Electoral Independence The Supreme Court of India is set to hear multiple petitions on Wednesday, challenging the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 . The primary contention is that this Act excludes the Chief Justice of India (CJI) from the selection panel , raising concerns about the independence and neutrality of the Election Commission. Background: What Does the 2023 Act Change? The Chief Election Commissioner (CEC) and Other Election Commissioners Act, 2023 has replaced the earlier selection process that involved a panel comprising: ✅ Prime Minister ✅ Leader of the Opposition in Lok Sabha ✅ Chief Justice of India (as mandated by the Supreme Court in March 2023) Under the new law, the CJI has been removed , and a Union Cabinet Minister (nominated by the Prime Ministe...

Supreme Court to Hear Places of Worship Act Case in April: A Detailed Analysis Introduction The Supreme Court of India has scheduled the hearing of multiple petitions challenging the Places of Worship (Special Provisions) Act, 1991 for the first week of April. The Act, which maintains the religious character of places of worship as they stood on August 15, 1947 , is under legal scrutiny for allegedly violating constitutional principles. Supreme Court’s Observations on the Case On February 12, a bench headed by Chief Justice of India (CJI) Sanjiv Khanna and Justice P.V. Sanjay Kumar adjourned the hearing, noting that the case requires a three-judge bench . CJI Khanna also highlighted the increasing number of intervention applications and writ petitions related to the Act. 🔹 The court clarified that while fresh petitions would stand dismissed , new grounds could be raised in the pending matters through intervention applications. Who Filed Petitions Against the Act? Several Hind...

Delhi High Court Reserves Order on Pleas Against Movie Based on 2020 Delhi Riots Reserves Judgment After Detailed Hearing The Delhi High Court on Friday reserved its judgment on three petitions challenging the release of a film reportedly based on the 2020 northeast Delhi riots. The bench, comprising Justice Sachin Datta, thoroughly examined arguments from all involved parties, addressing concerns about the film's potential influence on ongoing legal proceedings and the sensitive nature of the subject matter. Petitioners and Their Concerns The first petition was filed by Sharjeel Imam, an accused in the riots case. The second petition was submitted by five individuals, and the third by Umang, an independent candidate contesting the upcoming Delhi Legislative Assembly elections. The primary concern among petitioners was the portrayal of events in the film and its potential impact on legal and political affairs. Filmmakers' Response and Legal Stand Senior Advocate Jayant Meh...

Delhi HC Seeks Response from Bansuri Swaraj on  Somnath Bharti's Plea The Delhi High Court has recently directed BJP MP Bansuri Swaraj to respond to a plea filed by Aam Aadmi Party (AAP) leader Somnath Bharti, challenging her victory in the New Delhi constituency Lok Sabha elections. The plea alleges 'corrupt practices' in the election process. Court Orders Removal of BSP Candidate from Case The court has also ordered the removal of Raaj Kumar Anand, a Bahujan Samaj Party (BSP) candidate, from the list of respondents. Somnath Bharti had alleged that Anand was used by the BJP to siphon votes away from him. However, the court found that Anand, who received only 5,269 votes, had no substantial impact on the election outcome. His name was removed from the case due to lack of valid cause of action. Returning Officer's Role and EVMs/VVPATs Another point of contention was the involvement of the Returning Officer, who argued that they were not a necessary party in the case. The...

Pune Porsche Car Case: Accused “Played with Judiciary” by Tampering with Evidence, Says Prosecution  In a dramatic turn of events, the prosecution in the Pune Porsche car case has alleged that the six accused tampered with evidence, effectively "playing with the judicial system." The case involves a tragic accident on May 19, where a Porsche car, allegedly driven by a minor under the influence, killed two IT professionals in Pune's Kalyani Nagar area. Background of the Case On May 19, a high-speed Porsche car, driven by a minor, collided with two IT professionals, resulting in their deaths. The incident drew national attention and led to a complex legal battle. The accused include the minor's parents—Vishal Agarwal and Shivani Agarwal—along with medical professionals and middlemen who are alleged to have conspired to alter evidence. Allegations of Evidence Tampering Special Public Prosecutor (SPP) Shishir Hiray has argued that the accused, including the minor's pa...

Delhi Court Orders Woman to Pay Rs 15 Lakh for Defamation of Ex-Husband In a landmark judgment, Delhi's Saket District Court has ordered a woman to pay Rs 15 lakh in damages to her ex-husband for defamation and malicious litigation. The ruling, passed by District Judge Sunil Beniwal on July 29, 2024, underscores the court's stance on addressing wrongful acts regardless of gender. Defamation and Malicious Litigation The court found that the woman's actions significantly harmed her ex-husband, impacting both his personal reputation and professional growth. The man, who had sought Rs 25 lakh in damages, claimed that the defamation continued even after their divorce in 2021. He alleged that the woman sent defamatory emails to his relatives and used abusive language against him and his mother through her email accounts. Background of the Case The marriage between the parties, which began in 2001 under the Hindu Marriage Act, was dissolved in 2021 on grounds of cruelty. Despite t...

Anjali Birla Files Defamation Suit in Delhi High Court Over Alleged False Claims on Social Media Anjali Birla, an Indian Railway Personnel Service (IRPS) officer and daughter of Lok Sabha Speaker Om Birla, has filed a defamation suit in the Delhi High Court. The suit aims to remove defamatory social media posts alleging that she cleared the Union Public Service Commission (UPSC) exams on her first attempt due to her father's influence. False Allegations and Defamation Claims In her legal filing, Anjali Birla asserts that several social media posts are disseminating misleading and false information about her, which she claims are defamatory. The posts allegedly suggest that her successful clearing of the UPSC exams was influenced by her father’s political standing, rather than merit. Anjali contends that these allegations are not only baseless but are also intended to unlawfully tarnish her reputation and professional standing. Court Proceedings Justice Navin Chawla of the Delhi Hig...

BCI to Hold Meeting with UP Bar Association Leaders to  Resolve Ongoing Strike The Bar Council of India (BCI) has announced a joint virtual meeting to address the ongoing strikes by advocates, which have been disrupting judicial work across various districts in Uttar Pradesh. Call to End Strike The BCI has requested the High Court Bar Association of Allahabad High Court to recall the strike and resume court activities. The BCI expressed its commitment to addressing the grievances of the High Court Bar Association and emphasized the necessity of resolving these issues promptly. However, the BCI underscored that the continuation of the strike cannot be permitted. Meeting Details The virtual meeting is scheduled for Sunday, 14th July 2024, at 1:30 PM. The participants will include: - Office Bearers of the Bar Council of India - Office Bearers of the Bar Council of Uttar Pradesh - Office Bearers of the Prayagraj District Bar Association - Office Bearers of the High Court Bar Associatio...

Petition in SC Seeks Highest Level Structural  Audit of  Bihar Bridges A petition has been filed in the Supreme Court seeking the highest level structural audit of all existing and under-construction bridges in Bihar. The petition, filed by advocate Brajesh Singh, calls for the demolition or retrofitting of weak structures to prevent further bridge collapses in the state. Key Details of the Petition The petitioner, Brajesh Singh, urged the Supreme Court on Wednesday to issue directives to the Bihar Government to conduct a comprehensive structural audit. The audit would assess the integrity and safety of all bridges, ensuring that any weak structures are either retrofitted or demolished, depending on their condition and feasibility. This plea comes in the wake of multiple bridge collapses in Bihar, raising serious concerns about the safety and reliability of the state's infrastructure. The petition emphasizes the need for immediate and rigorous assessment to prevent future inci...

Delhi HC Denies Bail to Two Accused in Delhi  Waqf Board Money Laundering Case The Delhi High Court has dismissed the bail applications of Zeeshan Haider and Daud Nasir, both accused in the Rs 36 crore property case related to the Delhi Waqf Board money laundering case. The court found sufficient evidence to deny bail under Section 45 of the Prevention of Money Laundering Act (PMLA). Key Details of the Case Justice Swarana Kanta Sharma, while dismissing the bail applications, noted that the cash transactions involved in the property deals could be proceeds of crime generated by Aam Aadmi Party (AAP) MLA Amanatullah Khan. The properties in question were reportedly purchased for approximately Rs 36 crores, with Rs 27 crores paid in cash. The court emphasized that the evidence presented, including bank statements and sale agreements, corroborated these findings. The court highlighted that the applicants were part of a criminal conspiracy to invest ill-gotten money in immovable propert...

CJI Chandrachud Suggests Continuation of Judicial Work Despite Bar Member's Demise Chief Justice of India (CJI) DY Chandrachud has proposed reconsidering the practice of ceasing judicial work for the rest of the day when a member of the Bar passes away. His suggestion came during the bicentennial celebrations of the Bar Library at Calcutta High Court. Re-thinking Judicial Work Stoppage CJI Chandrachud emphasized the importance of maintaining judicial work despite the unfortunate demise of Bar members. He highlighted that while respecting the deceased is essential, the broader societal impact of halting judicial proceedings should also be considered. "Should we be ceasing work because a member of the Bar has passed away? Of course, we respect our friends, our colleagues, and our seniors; sometimes, unfortunately, they are our peers who have passed away untimely. Do we need to affect the wider society at large?" he questioned. Personal Experience Sharing his personal experi...

Plea in SC Against Newly Amended Criminal Law Bills A public interest litigation (PIL) has been moved in the Supreme Court against the newly amended criminal law bills: Bharatiya Nyaya Sanhita, 2023, Bharatiya Sakshya Adhiniyam, 2023, and Bharatiya Nagarik Suraksha (Second) Sanhita, 2023. The petitioners, Anjali Patel and Chhaya, represented by advocates Sanjeev Malhotra and Kunwar Siddhartha, seek to challenge the viability and implementation of these laws. Petitioners' Concerns and Demands The petitioners have urged the Supreme Court to issue a notice to immediately constitute an expert committee to assess and identify the viability of the three new amended criminal laws. The plea seeks to overhaul the criminal laws of the country and replace the Indian Penal Code 1860, Code of Criminal Procedure, and Indian Evidence Act, 1872. The petition has also sought to stay the operation and implementation of these new laws. Alleged Defects in the New Bills According to the plea, the propo...

Land for Job PMLA Case: Delhi HC Grants Interim Bail to  Amit Katyal on Medical Grounds In a significant development, the Delhi High Court granted six weeks of interim bail to businessman Amit Katyal on medical grounds on Wednesday. Katyal is a co-accused in the high-profile Land for Job money laundering case, which also involves prominent figures like Rabri Devi and other accused individuals. Overview of the Case The Land for Job case is a major money laundering investigation in which several high-profile individuals, including Rabri Devi, have been charge-sheeted. The case revolves around allegations of providing jobs in exchange for land, a scheme purportedly involving significant sums of money. Amit Katyal's Bail Plea Amit Katyal had previously been on interim bail for 84 days on medical grounds. His recent plea for interim bail was similarly based on his medical condition. The vacation bench of Justice Dharmesh Sharma granted the interim bail for a period of six weeks, taking ...

Pune Car Accident Case: High Court Orders Release of  Minor from Observation Home In a significant ruling, the Bombay High Court on Tuesday directed the immediate release of a 17-year-old boy, who was allegedly involved in the Pune car accident, from the observation home. The minor had been held at the Juvenile Justice Board's observation home for 36 days following the incident.  Overview of the Incident The tragic accident in Pune resulted in the loss of two innocent lives, sparking a public outcry and leading to the juvenile's detention. However, the court ruled that the orders remanding him to the observation home were illegal. The court emphasized the importance of adhering to juvenile justice laws, which prioritize the rehabilitation and social integration of juvenile offenders over punitive measures. High Court's Ruling The division bench of Justices Bharati Dangre and Manjusha Deshpande emphasized that justice must prevail regardless of public pressure or the severit...

Delhi HC Constitutes Medical Board to Evaluate Health of Businessman Amit Katyal in Land for Job Scam The Delhi High Court has taken a significant step in the case of Amit Katyal, a businessman implicated in the land for job scam, by constituting a medical board to assess his health. Katyal, considered a close aide of former Railway Minister Lalu Prasad Yadav, had recently sought interim bail on medical grounds in connection with a money laundering case related to the scam. High Court's Decision On June 7, the bench of Justice Vikas Mahajan directed the Director of the All India Institute of Medical Sciences (AIIMS) to form a Medical Board. This board, comprising doctors from at least three different specialties relevant to Katyal's health conditions, will evaluate his medical status. The court ordered the Jail Superintendent to provide all necessary medical records to the board by June 11. Justice Mahajan highlighted the necessity of expert medical opinion before making any de...

Delhi HC Refuses to Suspend Sentence of Former BJP MLA Senger in Unnao Rape Victim's Father's Custodial Death Case The Delhi High Court on Friday dismissed the plea of former BJP MLA Kuldeep Singh Sengar, seeking suspension of his sentence during the appeal against his conviction. Sengar is currently serving a 10-year sentence in connection with the custodial death of the father of a rape victim from Unnao, Uttar Pradesh. He has been in custody since April 13, 2018. Background of the Case Kuldeep Singh Sengar, along with other accused, was convicted by the Tis Hazari Court in 2018. Sengar is also serving a life sentence for the rape of a minor, stemming from FIRs filed in 2018 at Police Station Makhi, Unnao. These cases were adjudicated by the District and Sessions Judge (West) at Tis Hazari Courts, Delhi. High Court's Ruling Justice Swarana Kanta Sharma dismissed Sengar’s plea for suspension of sentence during the pendency of the appeal. The High Court acknowledged that Se...

SC Dismisses Petitions to Review Article 370 Verdict The Supreme Court has dismissed petitions seeking a review of its judgment that upheld the Union government's 2019 decision to abrogate Article 370 of the Constitution, which conferred special status on Jammu and Kashmir. The five-judge Constitution bench, comprising Chief Justice of India DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, Surya Kant, and AS Bopanna, dismissed the review petitions in chamber, noting no apparent error in the original verdict delivered on December 11, 2022. Supreme Court's Decision on Review Petitions On May 1, the Supreme Court stated, "Having perused the review petitions, there is no error apparent on the face of the record. There is no case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013. The review petitions are, therefore, dismissed." This ruling reaffirmed the court's earlier decision that upheld the abrogation of Article 370, labeling it a "tempor...

Investigation into Alleged Assault on Swati Maliwal: Delhi Police May Visit CM's House to Record Statements The Delhi Police may visit the Chief Minister's residence on Friday to record statements from the policemen and staff present during the alleged assault on Aam Aadmi Party (AAP) MP Swati Maliwal, according to sources. FIR Filed and Section 164 Statements An FIR was filed at the Civil Lines police station on Thursday regarding the alleged assault on Swati Maliwal, AAP's Rajya Sabha MP. Maliwal has accused Bibhav Kumar, the personal secretary to Chief Minister Arvind Kejriwal, of physically assaulting her. The police plan to record Maliwal's statement before a magistrate under Section 164 of the Criminal Procedure Code. This section allows a magistrate to record statements or confessions during a police investigation before a trial. Details of the Alleged Incident Maliwal made a PCR call from the Chief Minister's house at 9:34 PM on May 13, reporting the assault...