Our legal newshounds update you with the latest courtroom news on a daily basis, be it adjournments, judgments or significant observations. Also take your pick from legal happenings around the world…Must Read
#NGT raps DPCC for environmental clearance
The counsel for petitioners on December 8 informed the National Green Tribunal that the waste to energy plant applied for Environment Clearance in 2007 and were granted it in year 2011 by Delhi Pollution Control Committee (DPCC). The Tribunal went through the clearance letter and asked the Committee that nowhere in that letter it refers to “waste to energy” and asked the Committee to call their officers on December 9 to clear its stands on clearance granted. The Tribunal adjourned the matter to December 9.
#Apex court defers hearing on appointment in NHRC
The apex court on December 8 was informed by the Centre that on October 17, member NHRC was selected and as far as for the post of director general (DG) of NHRC was concerned, Union panel sent the names but government has not appointed DG till date. The counsel for Union submitted that it is under process. The court expressed its disappointment that government didn’t put up advertisements and kept sitting over the appointments. The court said that it is disappointing that even after two months of recommendation no appointment has been made. The court adjourned the matter till the last week of January, 2017. The apex court was hearing a PIL seeking directions to fill up vacant post of member and director of NHRC.
#SC seeks soft copy of data on child acts
The Supreme Court on Dec 7 took up a suo motu PIL to implement the protective provisions spelled out in the Protection of Rights of Children from Sexual Offences Act, 2012, the Right of Children to Free and Compulsory Education Act, 2009 and the Commission for Protection of Child Rights Act, 2005. The top court had asked all states and union territories to implement the said provisions and even gave them a time period to do the same. It had taken a serious note of their apathetical attitude in complying with its order in 2013. In 2015, the government was asked by the court to collect and compile data on states that have implemented the order.
The petitioner pointed out during the hearing today that nothing happened. However, Additional Solicitor General Maninder Singh stated that a survey had already been done on the issue in all states except in the three districts of Jammu and Kashmir. He also submitted that the states had collected the data.
The Court wanted to know whether the concerned data was available in electronic format. The centre replied that it was available physically and information was being updated in the computer. To this the Court retorted that if SC could go electronic why not the government.
The hearing was finally adjourned to Feb 1 and the court asked the govt to come prepared with a soft copy of the data.
#NGT hearing on waste-to-energy plants still on
The National Green Tribunal took up the matter related to waste-to-energy plants in Delhi on Dec 7. The State of Delhi against whom the petition was filed contended that the waste-to-energy plants did not violate any environmental laws whatsoever. It laid the blame on the petitioner (Sukhdev Vihar Residents Welfare Association & Ors) for making changes in its application on many occasions and contended why was the issue of environment clearance not raised within 30 days of the clearance itself.
The respondents agreed in court that they had indeed made changes in the procedure and functioning of the Okhla plant but the same was also approved by CPCB and other environment agencies. They said that the plant came up at a time in the 1960s when there was no human habitation around it. Over the years, people moved in to nearby areas of the plant and are now crying foul.
NGT asked CPCB and other government agencies to clear their stand on the issue vis-a-vis the Master Plan of Delhi, 2021. Matter to come up again on Dec 8.
#AG to submit Lokpal documents with SC
The apex court on Dec 7 took up the issue of looking into certain rules of the Lokpal Act to find out if they could be declared ultra vires as claimed by the petitioner. The Attorney General said in court that he would file additional documents, including the report of the parliamentary standing committee on Lokpal and the proposed amendments in the Lokpal Act. Matter to be listed after a week on Dec 14.
#NGT continues to lash UP Jal Nigam over Ganga pollution
Arguments continued in NGT related to Ganga Action Plan. Putting pressure on the concerned agencies, the bench asked the counsel for UP Jal Nigam to come up with solutions on the 42 drains, which the Nigam said were not taken into account by CPCB while preparing the report.
The Nigam counsel said that the process will be “dilution”. The NGT bench then grilled the counsel and stated that the Nigam was one of best examples of uselessness, and from its inception in 1975 till today, it did nothing. The bench further lashed out saying that it has no idea, no knowledge and no information on the matter. Arguments will continue on Dec 8.
#Arguments to continue in Shahabuddin case
The Supreme Court on Dec 7 continued its hearing in the petitions filed against Mohammad Shahabuddin. Two separate petitions were filed by a slain journalist’s wife Asha Ranjan and Chandrakeshwar Prasad, whose three sons were killed allegedly on the orders of the RJD leader.
The counsel for CBI was to present his arguments today. The court looked into two issues—one, was it possible under Article 32 to transfer an undertrial prisoner from one state to another; two, how to balance the fundamental rights of the victims as well as the accused.
The counsel for CBI PS Narasimha contended that asking for a fair trial was a fundamental right and the court could transfer a prisoner from one state to another to achieve that purpose, even though there was no law in this regard.
Hearing to continue again on Dec 8.
#Delhi High Court squashes parole plea
The Delhi High Court on Dec 7 dismissed a petition that wanted parole for convicts lodged in Delhi jails so that they could exchange their banned currency in banks, post-demonetisation. The petitioner complained that nobody was paying attention to how the convicts would be affected after the notebandi drive of the government.
Additional Solicitor General (ASG) appearing for the centre contended that all convicts will get back their money in new currency once they are released. ASG also submitted that in case of money lying in the convicts’ home, his/her family members could deposit the amount in the bank.
The petitioner could not reply relevant questions asked by the court on the issue.
#Jaitley defamation case postponed to Jan 2017
The Delhi High Court on Dec 6 resumed its hearing in the defamation case filed by finance minister Arun Jaitley against six AAP leaders, including Delhi CM Arvind Kejriwal. They had alleged that Jaitley as head of DDCA had given “direct and indirect consent” to “financial bungling” in the cricket association. The Court in its last hearing had asked Jaitley to appear on Dec 6 for cross examination.
Arun Jaitley was present in court. The counsels for the defendants laid the blame on the plaintiff’s (Jaitley) counsel for delaying the proceedings and taking the matter lightly. The counsels argued that they had submitted their affidavits to the plaintiff on September 26, but while three (out of six) of them received the copies of affidavits of the list of evidences on Saturday, the other three got it only on Monday. This allegation was vehemently contested by the plaintiff’s counsel Pratibha Singh.
Singh also demanded that she be allowed to highlight the portions in the affidavit which showcase the defamatory statements made by the defendants. However, the defendants protested against the request.
The defendants continued with their earlier stand that the affidavits had arrived late, and as a result, they could not study them properly. So, cross examination of the plaintiff was out of question.
The arguments concluded with tender signing where the plaintiff only identified his signatures and highlighted portions of the defamatory statements. Hearing postponed to Jan 6 and Jan 7, 2017.
#States make case for liquor on highways
The apex court on Dec 6 resumed its hearing on whether sale of alcoholic beverages near national highways and state highways should be allowed. It had asked all the concerned parties to meet, revisit the model policy and submit a report.
During the hearing today, Tamil Nadu submitted that the centre had no power to issue directions to the states regarding what should be done near/on state highways. It contended that the centre could only decide about national highways. Tamil Nadu also told the court that state highways pass through many towns and villages with markets and shops and it will have to shift all of them.
The Court put its foot down by stating that liquor shops should not be remotely visible from highways. Kerala is likely to present its argument on Dec 7, when hearing resumes.
#Shahabuddin case arguments to continue on Dec 7
Petitions against gangster-turned-politician Mohammad Shahabuddin came up before the Supreme Court on Dec 6. They wanted him to be shifted out of a Bihar jail to Delhi’s Tihar prison for a fair trial.
The counsel for Shahabuddin wanted to know the steps taken by the Bihar government to maintain law and order. Was the state incapable of handling Shahabuddin, he argued. The counsel further submitted that the allegations were politically motivated. Hearing will continue on Dec 7 and the counsel for CBI is likely to present his arguments.
#After detailed arguments SC adjourns AMU VC matter
The Supreme Court on Dec 6 took up the petition challenging the appointment of Lt Gen Zameeruddin Shah (retired) as vice-chancellor of Aligarh Muslim University. The petitioner Syed Abrar Ahmed had alleged that UGC guidelines and regulations had been rampantly flouted while appointing Shah.
Salman Khurshid appearing for VC argued that persons appointed as VC commanded stature. Moreover, he contended that AMU is a minority university and even the court had ruled that there should be least interference from outside in AMU matters. He also pleaded that VC is not a teacher as per AMU guidelines and thus the UGC rules did not apply to him.
The court, however, disagreed with Khurshid, and observed that UGC rules were applicable to all, whether minority or majority institutions.
The Counsel for Ahmed also contended that being a central university, AMU was tantamount to follow AMU rules which clearly lay down that the VC must be a distinguished academician with at least 10 years experience as a professor or equivalent position in an academic organization for 10 years.
The counsel for the center, Vibha Makija, submitted that the post of VC was not merely of academic value but had much wider.
Slamming Khurshid for his submission that AMU did not follow UGC rules in the matter, the bench lashed out that AMU could not decide arbitrarily whether to follow the rules or not.
Citing a verdict related to the issue, Bhushan contended it was mandatory to seek permission from UGC in case of any relaxation. Otherwise, grants to the university could be forfeited and the appointment nullified.
The Bench later sought Attorney General’s (AG) response on AMU’s minority status and asked him to appear post-lunch. But the AG could not come. The bench finally tagged the petition with another one on the minority nature of AMU, which is awaiting adjudication from a three-judge bench. The next hearing is on Jan 11, 2017.
#NGT lashes out at all agencies on Ganga pollution
The Ganga pollution issue has riled NGT no less. It has been hearing on the matter for the last two months and pulling up all agencies be it CPCB, UP Pollution Control Board, Ministry of Environment and Forests as well as the UP government. It had even asked a set of questions to these agencies to get a clear picture on several areas. Of late, it had ordered that no construction activity on the bank of river should take place without its permission.
The hearing resumed on Dec 5. It was the last chance for the agencies to appear in court with their respective officers to reply to all queries raised by NGT.
The bench was not happy with different versions of agencies related to the number of drains. UP Jal Nigam argued that more than 40 drains carrying affluents into the Ganga were not taken into account by CPCB. The bench wanted to know the status of such drains vis-à-vis pollution. On a request for more time to come up with facts by the counsel for UP Jal Nigam, the bench ordered that respective officers be present to answer queries or else a fine of Rs 50,000 will be slapped across all departments. The tribunal lashed out at the poor coordination between officers of various departments in UP.
On the issue of shifting the leather industry from Jajmau, UP, the state attorney-general pleaded that nearly three lakh people will be affected by the move. He contended that a project report on technology to check pollution had been made by Central Leather Research Institute entailing Rs 8 crore but was rejected by the centre. The bench then sought an answer from the Ministry of Water Resources. Although the ministry gave its reasons, the bench was not satisfied with the colossal waste of money. Hearing will continue on Dec 6.
#SC seeks replies on cyber crime suggestions
The Supreme Court resumed hearing on a suo motu petition related to tackling cyber crimes (sexual violence) against women and children in India. The chief justice of India had earlier taken note of a letter and a video sent by Prajwala, an anti-trafficking organization in this regard, which was converted into a suo motu writ petition. The court had in the last hearing sought a progress report on publishing a National Sex Offenders list and setting up of Investigative Units For Crime Against Women.
On Dec 5 when proceedings commenced, Prajwala suggested, among other points, that an app be formed for filing complaints. It also wanted the CBI to take up complaints suo motu.
Additional Solicitor General (ASG) informed the court that the state police dealing with cyber crime will look into the cases. On petitioner’s argument that names of sexual offenders be made public, ASG said that the debate was on and a decision will be arrived soon and eventually carried out.
After detailed arguments on various suggestions, the concerned bench issued notice to Microsoft Corporation India, Google India, Yahoo India and Facebook to reply to them. Next hearing is on January 9, 2017
#Petition on collegium dismissed by Supreme Court
The Supreme Court on Dec 5 dismissed a petition questioning the current process of selection of judges by the collegium. The petition contended that all sitting apex court judges should unanimously decide the names, instead of only five senior-most judges. The bench dealing with the petition refused to interfere in the matter.
#Delhi High Court will examine Jaitley in defamation case
The civil defamation case filed by finance minister Arun Jaitley against Delhi CM Arvind Kejriwal and other five AAP leaders came up before the Delhi High Court again on Dec 5. Jaitley had alleged that he was needlessly defamed in the DDCA financial bungling controversy.
Today, the counsels of some defendants (2, 3 and 5) stated that they had received the affidavit related to the list of evidences sought from the plaintiff only on Saturday afternoon and didn’t have time to go through it. The counsel for the plaintiff, on the other hand, blamed the defendants for unnecessarily delaying adjudication on the matter.
The counsel for the plaintiff pleaded that the court should allow the plaintiff to record his statement in person. But the request was turned down by the defendants who stated that they need to scrutinize the affidavit before the plaintiff appeared in court.
The high court ruled that the copies of the affidavit be handed over to other defendants (1,4 and 6) and they should all study it carefully on Dec 5 itself. The plaintiff was called for cross examination on Dec 6 at 2.00 pm.
#NGT seeks replies on a Ganga project
The National Green Tribunal on Dec 5 asked all concerned officers (from various departments) of a development project related to the Ganga river to appear before it on Jan 18, 2017. The Development Project Report was prepared by UP Jal Nigam. The respondents had sought time to get back to the court with answers to various queries raised.
#SC adjourns hearing on Delhi-LG’s powers
The apex court adjourned on Dec 5 the hearing on Delhi govt’s plea challenging the Delhi High Court verdict on the powers of the lieutenant governor of Delhi and the status of the national capital. The adjournment was sought by attorney general. The court had earlier issued notice to the centre on the matter. The High Court had ruled that LG was the head of Delhi for all purposes and not bound by the advice of the Delhi govt. The high court had also held that service matters fell outside the purview of the Delhi government and the centre’s May 21, 2015 notification barring the Anti-Corruption Branch from proceeding against employees of the centre was “neither illegal nor unconstitutional”.
#NDTV case adjourned for eight weeks
The Supreme Court on Dec 5 adjourned the case related to the banning of NDTV by the I&B ministry, for eight weeks. The channel was banned for showing sensitive information related to security during the Pathankot terrorist attack. NDTV had challenged the action of the ministry.
#Apex court seeks response in tonga-ban case
The challenge against the Rajasthan High Court order banning tonga race in the state was taken up by the Supreme Court on Dec 5. The tonga race was banned on the ground that it was cruel. The petitioner contended that if that was the case then horse race should also be banned. The Court sought replies from the respondent
#Allahabad HC disposes off dargah case
The Hazrat Munawar Ali Shah dargah case was finally disposed off by the Allahabad High Court on Dec 2. A PIL had been filed alleging that barbarism was unleashed on people suffering from mental disorder at the dargah; they were kept tied in chains. As per orders of the high court, the UP government submitted that adequate measures, like installing CCTV cameras and deploying policemen, had been taken to monitor the situation and stop such practices. The court was satisfied with the steps taken.
#Allahabad HC hears plea against Railways
A plea challenging the appointment of a panel of lawyers in the Railways came up before the Allahabad High Court on Dec 2. The court asked for all records relating to the appointments. The petition claimed that proper procedures had not been followed. The next hearing is on Dec 6.
#Allahabad HC wants affidavit in a flesh trade case
The High Court on Dec 2 asked a petitioner to file an affidavit in alleged flesh trade in Mirganj. The building in which the flesh trade flourished was sealed by the administration on May 1, this year. The next hearing is on Dec 7.
#Decide on gate closing: Allahabad HC to Railways
The High Court heard a plea on Dec 2 regarding objections to closing of gate no 42 by the Railways in Kanpur. The plea was filed by Ashoka Girls School. The petition contended that it would cause great inconvenience to school students and teachers. The court asked the Railways to arrive at a decision within 15 days.
#Supreme Court adjourns hearing in lawyers vs jurnos in Kerala
The apex court on Dec 2 resumed hearing on a plea from the Kerala Union of Working Journalists seeking its directions for opening rooms for media persons at the premises of the Kerala High Court. The hearing was later adjourned to Jan 2, 2017 so that the Kerala High Court could adjudicate on the matter.
#Petition on demonetisation dismissed by SC
A PIL related to demonetization by mistake came up before a bench in the Supreme Court, on Dec 2. As a CJI-headed bench was already hearing the case, the bench asked the petitioner to file the petition before CJI.
#Hearing on AgustaWestland PIL postponed
The apex court continued its hearing on a PIL seeking investigation into the AgustaWestland chopper deal, on Dec 2. Attorney General Mukul Rohatgi contended that the PIL filed by NGO Swaraj Abhiyan was not maintainable as the NGO itself was not a registered body. He also alleged that the people behind the NGO had political ambitions and therefore the PIL was motivated. The matter was listed for Jan 10, 2017.
#Apex court pulls up centre over NHRC posts
#SC asks for proper application on national anthem
The apex court on Dec 2 took up an application seeking that the national anthem be made compulsory in all courts of India. Justice Dipak Misra sought AG’s response and directed that a proper application be filed on the matter.
#Apex court raps Centre over pain inflicted to Bulls in Jallikattu
The Supreme Court on December 1 was informed that government has the power to make rules keeping in view of the human need. The Court took into the consideration the pain inflicted to the bulls when they participate in Jallikattu and asked the government’s counsel, how will the Union justify the conditions in section 24 of Prevention of cruelty to animals. The Court adjourned the matter to December 7.
#NGT reserves order on Ganga Action Plan
The National Green Tribunal on December 1 while continuing the hearing on Ganga Action Plan examined the submissions of two IIT professors who were asked to appear before the Tribunal. The Tribunal categorically asked them, ‘why they feel that whole Plan was failed?’ To which the professors cited various reasons. The professors said that drains were the lifeline. Nothing should be done to them and only wastage in drainage needs to be checked. The professor further submitted that the project was implemented in a hurry and the amount spend on the project was without any proper information or knowledge and till date, no suitable techniques has been adopted. To which the Tribunal, asked the respondents (advocate general of UP) to clear their stand on why industries at Jazmau (Kanpur) need not be shifted? by December 2. And what action, are you going to take against the UP Pollution Control board and other government agencies that have done nothing in fact after repeated orders to come up with a specific figure regarding drainage? The Tribunal listed the matter to December 2.
#Delhi HC slams municipal commissioners on garbage disposal
The Delhi High Court on December 1 while examining the matter related to the air pollution in New Delhi heard the arguments of various commissioners from the municipal corporations in New Delhi. The Court asked the commissioners, what they have done in regards to garbage collection in the capital. To which the commissioners said, “We have done some planning and the Delhi govt will implement it.” The Court said why the Delhi govt will implement that, why can’t they do it. To which the commissioners replied, we have made some modifications in our agreements. The Court said, “Forget agreements. Have you given any directions?” The Court further asked them, “What is the status of bhalswa? Have you visited that site? And should we go on visit. And listed the matter for next hearing to December 15, 2016.
#Delhi HC reserves order on school going children
The Delhi High Court on December 1 was informed by petitioner’s counsel that the schools were still violating the existing rules that mandates that the schools’ distance from the residence of children should be six km. The counsel further submitted that since last six months, the respondents have been delaying the matter by not filing their applications and replies. To which, the Court issued notices to the schools and listed the matter to January 30, 2017.
#Allahabad HC passes judgment on live-in relationship
The Allahabad High Court on December 1 noted that the live-in relationship between a married woman and man will be treated as invalid and women can’t claim any security in case of any live-in relationship.
#Apex court reserves order on the disqualification of Uttarakhand MLAs
The apex court on November 30 adjourned the matter relating to disqualification of nine MLAs who had defected to February 8. In May 2016, nine MLAs of congress, the then ruling party in Uttarakhand had defected to second largest party in the state, BJP among them were former Chief Minister Vijay Bahuguna, and former minister Harak Singh Rawat. The move had resulted in the imposition of president’s rule in the state.
#Supreme Court disposes of matter on over admissions in BDS course
The Supreme Court on November 30 while hearing a matter of over admissions in BDS course in Madhya Pradesh was informed that persons who were in-charge of doing admissions made an error which was not malafide. The people in-charge has given unconditional apology, the court was informed. 37 were over admitted and later dropped out and 32 have approached High Court and Supreme Court. To which the court replied, that those who have approached will be accommodated. The court disposed of the matter by saying that no further application will be entertained in this regard.
#NGT issues directions on a relocation of a plant
The National Green Tribunal on November 30 was informed by the petitioners that during winter when fog stays at atmosphere, the dust in air gets stuck and residents in nearby area has been forced to wear mask every winter for the last three years. The respondents came up with various figures describing the whole plant and their impact. The Tribunal found those figures prima facie contradicting each other. Bench lambasted the respondents on the figures and told to come prepared on December 1 along with the concerned officer thereby adjourning the matter. The Tribunal was hearing a plea seeking relocation of a plant at Okhla.
#Apex court defers matter on Mohammed Shahabuddin
The apex court on November 30 was informed that under the Transfer of Prisoners Act 1950, there are massive restrictions for transfer of prisoners. One of the sections of the Act does not permit the transfer of prisoners. And if you are transferring, then you are violating Article 21 of the Indian constitution. The court adjourned the matter to December 1. The court was hearing a petition by the widow of a newspaper reporter Rajdev Ranjan who was brutally murdered in Bihar. The widow had alleged that Mohammed Shahabuddin’s henchman had killed her husband.
#Delhi HC reserves judgment on copyright infringement
The Delhi High Court on November 30 was informed by the petitioner’s counsel that the Court should evaluate the qualitative and quantitative portions for copyright infringement, where he submitted that in context of qualitative infringement the photocopies are done of the entire books and chapters. Quantitatively, the infringement is that each copy is made for 20 paisa.
The counsel submitted that one can imagine that if this kind of photocopying continues, then there are around 667 universities, 37,411 colleges and 11,433 institutes, so if they all start photocopying then no one will buy books. The Court listed the matter for further hearing to December 1. The court was hearing a matter in which a photocopier, Rameshwari Photocopy Services has been charged of copyright infringement.
#Apex court issues directions on National anthem
The Supreme Court on November 30 while hearing a petition on the singing of national anthem in various circumstances observed that it is the duty of every citizen to pay respect to the national anthem. Dramatization of National anthem is not acceptable. It tantamount to disrespect and while it is sung, protocols should be followed and same should be respected, the court noted.
The Supreme Court said, “All movie houses should play National anthem before film is shown and all should stand. At the same time, screen should show national flag. And directions should be issued by Union to respect National anthem and National flag and this should instill feeling of sense of patriotism and nationalism.”
The Union will issue directions to all chief secretaries and it would be published in electronic and print media and within 10 days time, the directions should be complied with, the Court ordered and listed the matter to February 14.
#Supreme Court issues direction in a case involving Ram Rahim
The Supreme Court while hearing a special leave petition on November 30 concerning Dera Saccha Sauda chief, Gurmeet Ram Rahim charged in a sexual harassment case ordered that the trial will start against Rahim. Rahim is facing charges for the rape of a 14-year-old. The apex court had earlier permitted Rahim’s petition seeking directions to call the Investigation Officer, K L Raina as a court witness. Raina had investigated the case in which Rahim had been implicated.
#Delhi HC dismisses petition against withdrawal cap
The Delhi High Court on November 30 dismissed a petition seeking a cap in the withdrawal limit of 2.5 lakh for weddings. The plea had termed the move “illogical” as it mandated many pre-conditions. The High Court had reserved its order in the case stating that the government had given relaxation wherever essential on the demonetization issue. The Centre had lambasted the plea saying that it given certain exemptions but some stipulations were necessarily to be heeded with so that nobody can abuse it.
#Top court quashes notification on acquisition of land
The Supreme Court on November 30 quashed the notification with regard to acquisition of land by Ghaziabad Development Authority and directed the collector to disburse compensation to all the land owners under the new 2013 act.
#Delhi HC defers hearing on withdrawal limit for weddings
The Delhi High Court on November 29 deferred the hearing of the PIL seeking curb on the move of the withdrawal of 2.5 lakh rupees for marriage purposes and acceptance of currencies of Rs 500 and Rs 1000 for court fees to November 30.
#Apex court reserves order on the appointment of VC of AMU
The Supreme Court on November 29 adjourned the matter pertaining to the appointment of Lt Gen Zameer Uddin Shah (retired) as the vice chancellor of Aligarh Muslim University to next week. The Court had earlier flagged concern about the appointment saying that how can a retired army official or a police officer be the head of a central university when regulations make it mandatory for the VC to have certain academic credentials. He/she must be a distinguished academician, the Court had observed.
#Apex court adjourns matter pertaining to surrogacy
The apex court on November 29 was informed by the solicitor general that The Surrogacy (Regulation) Bill, 2016 which proposes to regulate surrogacy has been introduced in Lok Sabha on November 21, 2016. To which the Supreme Court said that it will hear the petition once the bill gets enacted and adjourned the matter to March 7, 2017. The court was hearing a PIL seeking intervention of it to curb commercial, transnational and overseas surrogacy in India.
#NGT issues directions to UP govt on wetlands
The National Green Tribunal on November 29 asked Ministry of Environment & Forests (MoEF), did you identify any wetlands. To which the MoEF said that state government has not given them information in this regard. The court asked UP state’s counsel what’s the matter why the state has not provided information. The counsel sought time to take instructions from the concerned officers. The Tribunal granted time to the counsel and said that if they fail they shall be liable to pay fine of Rs one lakh and adjourned the matter to Nov 30.
#NGT directs govt of Delhi on scrapping of diesel vehicles
The National Green Tribunal on November 28 while hearing a petition regarding plying and registration of diesel vehicles in Delhi-NCR asked the ministry of heavy industry to put in place a policy with regard to scrapping of the diesel vehicles. The green panel directed state of Haryana, Punjab and Delhi to identify cites where ceased vehicles which are 10 year old can be dumped. It ordered these states to hold meeting with chief secretary of Delhi for arranging a place for parking of ceased vehicles. The court ordered to hold this meeting within a week and submit the minutes before the Tribunal.
#Apex court extends parole of Subrata Roy
The Supreme Court on November 28 extended the parole of Sahara Group chief Subrata Roy on the condition that Roy will have to deposit Rs 600 by February 6. The Court ordered that Roy will have to surrender in the case of not depositing the money. Sahara Group is facing a legal battle waged by capital market regulator SEBI. SEBI is pitching for the refund of Rs 24000 crore to investors from which Sahara Group had taken money.
#Supreme Court issues notice to Centre concerning SUN TV
The Supreme Court on November 28 issued notice to Centre on the PIL by BJP MP Dr Subramanian Swamy challenging the national security clearance to SUN TV granted by home ministry for taking part in auction process of FM radio channels. The PIL had alleged that SUN TV should not be allowed to participate in the auction process as it had been charged with economic offences.
#Delhi HC adjourns matter pertaining to Sajjan Kumar
The Delhi High Court on November 28 deferred the hearing of the matter related to 1984 Sikh riots which took place in Sultanpuri and Delhi Cantonment area in New Delhi. The Court listed the matter to January 9, 2017. The CBI had filed the petition challenging the acquittal of the accused Sajjan Kumar in this case. Kumar was acquitted of not killing five Sikhs — Kehar Singh, Gurpreet Singh, Raghuvender Singh, Narender Pal Singh and Kuldeep Singh, all belonging to the same family.
#Apex court issues directions on rape victims
On November 28, the amicus curiae submitted few points to the apex court critical for the framing of guidelines for the medico-legal assistance for victims of rape. The amicus curiae submitted that issues regarding registration of public transport vehicles and guidelines to media in case of crime against women should be decided. To which the court said, this is very important to pass guidelines. The amicus curiae said, “I wouldn’t say it should not be published.”
The court said, evidence should not be published. Amicus curiae said in many cases media has played very positive role in many cases so they should not be completely banned. There should be guidelines as to what should be published and what should not be. The court tentatively fixed the next hearing to the first week of February.
#Supreme Court reserves order on the transfer of Shahabuddin to Delhi jail
The apex court on November 28 fixed November 29 as the next date of hearing of the petition filed by Asha Ranjan whose journalist husband was allegedly murdered by Mohammed Shahabuddin’s henchmen and Chandrakeshwar Prasad, whose three sons were also allegedly killed by Shahabuddin. The counsel representing Shahabuddin submitted that trial can be transferred to Delhi but accused should not be transferred to Tihar jail as it would infringe upon the rights of the prisoner. It would badly affect visitation rights pertaining to the relatives of Shahabuddin. While the counsel for petitioner submitted that it is a fit case for transfer.
#Apex court defers Delhi govt’s plea on LG’s authority
The Supreme Court on November 28 deferred the plea by Delhi government challenging the Delhi High Court ruling that the national capital was a union territory (UT) and the Lieutenant Governor (LG) its administrative head to December 5. The bench hearing the plea said that a special bench will be constituted for hearing of the plea as it had no time for the plea.
#Supreme Court reserves order on vacancies at NCST
The apex court on November 28 while hearing a PIL on the appointment of the members at the National Commission for Scheduled Tribes (NCST) was informed by the petitioner that NCST is completely defunct. The court directed the Centre to file report on the issue. The PIL had sought a direction on the fixing of the time-frame within which available and anticipated vacancies to be filled up at NCST.
#Apex court reserves order pertaining to vacant posts
The apex court on November 25 was informed by the petitioner that the government has failed in its duty to appoint chairperson and committee members of the National Commission for Safai Karamcharis. To which, Mukul Rohatgi, the counsel representing Union of India replied that they are seriously considering wrapping up the matter. The court while adjourning the matter said that it will pass directions in the next hearing.
#Supreme Court again defers matter on demonetization move
The Supreme Court on November 25 deferred the hearing on the batch of petitions challenging the move to demonetise currency notes of Rs 500 and Rs 1,000 and the hardship faced by the aam aadmi due to it. Attorney General (AG) Mukul Rohatgi, appearing for the Centre submitted that all the petitions should be posted together before the Supreme Court.
Senior advocate Kapil Sibal, appearing for one of the petitioners submitted that people are dying in roads. And there is no law which bars people to withdraw money from their accounts and prayed that the next hearing should be taken up on November 29, Sibal stated. He further added, “Thereafter we can see whether to connect all matters or not. Notice has to be served in those transfer petitions. If that is not done, then again matter will be delayed.” The Court ordered Centre to file an additional affidavit and adjourned the matter to December 2.
#NGT reserves order on the deteriorating environment in Delhi
The National Green Tribunal on November 25 was informed by the respondents that they could not file the reply and sought time of two weeks to file their reply. The green panel was hearing a case regarding deteriorating environment in Delhi. The Tribunal granted the respondents two weeks’ time to file the reply but imposed a fine of Rs 5000 payable to applicants for violating one provision of NGT act and adjourned the matter for next hearing to December 20.
#Allahabad HC defers hearing on Nupur Talwar’s parole
The Allahabad High Court on November 25 deferred the hearing of the case pertaining to the seeking of extension of the parole of Nupur Talwar. Talwar is serving life sentence for the murder of her daughter Aarushi along with her husband Rajesh Talwar. Both were convicted by a CBI court at Ghaziabad. Nupur was granted parole in August by the High Court.
#Vijay Mallya’s case could not be taken up
A petition filed by consortium of banks against Kingfisher and Vijay Mallya could not be taken up on November 24 by the Supreme Court. The Court adjourned the matter to December 15. The Court was to examine today an affidavit furnishing all the foreign assets of Vijay Mallya. The apex court previously had also sought an explanation on the utilisation of money which Mallya had got from Diageo.
#Apex court reserves order on disabilities act
The Supreme Court on November 24 was informed by Solicitor General, Ranjit Kumar that the Centre is estimating the expense for making the buildings accessible to the disabled persons so that it can release the funds. Kumar sought two weeks time to submit the action plan on the move. The Court adjourned the matter to December 14. The Court was hearing a PIL on the implementation of Disabilities Act.
#Supreme Court defers matter pertaining to dance bars in Maharashtra
On November 24, the apex court was informed by one of the counsel that the matter should be further adjourned as they have not filed the affidavit. The court adjourned the matter for January 11, 2017. Meanwhile, the court ordered applicant who have not granted license to apply to appropriate authority. And directed the authority to consider their application. The top court was hearing a writ petition challenging the constitutional validity of Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women Act, 2016.
#Apex court cancels Bihar MLA’s bail accused of rape
The apex court on November 24 cancelled the bail of Bihar MLA Rajballav Yadav charged for raping a minor girl. The Patna High Court had granted him the bail. The court ordered, “Let him remain in jail.” The court’s order came on the plea of Bihar government challenging the bail.
#Supreme Court reserves order concerning the alleged assault on Mayawati
The petitioner’s counsel on November 24 sought adjournment by the apex court in the petitions filed by BSP leaders challenging the quashing of charges against SP chief Mulayam Singh Yadav and other top party leaders in a case relating to an alleged assault on BSP supremo, Mayawati. The Supreme Court listed the matter for next hearing to second week of January.
#Apex court reserves order on the bail granted to Bihar MLA
The apex court on November 23 reserved its order on the plea of the Bihar government challenging the bail granted to RJD MLA Raj Ballabh Yadav. The counsel for respondent submitted various arguments questioning the prosecution for fudging the facts. The petitioner’s counsel submitted that accused is the sitting member of state legislature and can influence the trial because he has many influential contacts.
#Apex court issues notice on various pleas on demonetization
The apex court while hearing a petition urging that PILs filed in various high courts on demonetization should be transferred to one court was informed by the Attorney General (AG) of India that more than six lakh crore rupees have been collected after demonetization move. AG said that lending rates will come down as a result of the move. AG further informed the court that the government has allowed farmers to use the old currency to buy seeds.
The court issued notice in transfer petition. But refused to grant stay on the petitions. While refusing to grant stay, the court said that there are all sorts of petitions which different prayers and courts also have given different orders so it cannot stay it. The court listed the main matter for hearing on November 25 and scheduled transfer petitions to December 2.
#Supreme Court slams Centre for not enforcing Lokpal
Petitioner’s counsel on November 23 informed the apex court that there should be an independent investigating agency to investigate the political corruptions in the country. And leader of the opposition should be part of the selection committee. Attorney General (AG) representing respondents submitted that opposition party leader can be considered only when the largest opposition should have 1/10th of the strength. To which the court replied, that there are certain positions which cannot be left vacant just like the position of Chief Justice of India and the same applies to opposition leader also. The court was hearing a plea questioning the provisions used for the appointment of Chairperson and Members of Lokpal under the Lokpal and Lokayuktas Act, 2014.
It will lack confidence if the selection is made without opposition. AG submitted that they are making amendment to rectify this 1/10th strength. Petitioner’s counsel said that the government is deliberately dilly-dallying the matter. The Court slammed the AG and said, “If you can amend other enactments through ordinance why is that not possible in this case. Instead of inciting criticism you should take steps. This is to clean out the society of corruption.” And adjourned the matter to December 7 for Centre to take instructions.
#Apex court proposes inquiry committee for a sexual assault case
The apex court on November 22 while adjudicating an intervening petition on sexual assault by an animal rights activist transferred it to another bench. The court noted that sexual assault is not only for women but men can also complaint about that. The court also suggested that an inquiry committee for inquiring the matter can also be formed and listed the matter for next hearing on January 17.
#NGT again defers hearing pertaining to pollution of Ganga
The National Green Tribunal on November 22 while continuing the matter pertaining to the Ganga action plan was informed that ministry and various departments along with the industry representatives were holding a meeting regarding the issue. But Tribunal again revisited the question of whether the industries’ owners have any problem of shifting the industries. To which the counsel representing the industries’ owners replied that they are coming up with various proposed plans through which they could curb the industrial discharges at the river Ganga. Hearing that, the Tribunal asked the counsel that if it orders them to shift the industry they may come up with their wishes regarding where they want to shift and gave the deadline of November 23 to respond. The Tribunal adjourned the matter to December 1 entailing continues hearing day by day till December 9.
#Delhi HC hears plea against demonetization; adjourns it for Dec 8
The Delhi High Court on November 22 was informed by the petitioner’s counsel that banks’ ATMs were not working and there was no money in them in respect of the demonetization move by the Modi government. Furthering his arguments, the petitioner added that the notification issued by the Modi government aftermath demonetization says that banks should dispense money and ATMs should be reviewed whether they are working or not. He also submitted that RBI should file an affidavit stating as how many ATMs are working and how many are not. The Court deferred the matter for December 8 thereby granting liberty to petitioner to mention the case for early hearing.
#Apex court adjourns matter on political-bureaucratic-corporate nexus
The apex court on November 22 adjourned the matter seeking issuance of writ of mandamus directing a thorough court-monitored investigation by an SIT or by the CBI into the cases exposing political-bureaucratic-corporate nexus. The petitioner sought time to take instructions.
#Apex court submits plea alleging top companies’ role in coal scam
The apex court on November 22 has decided to take up a case for hearing which sought direction to investigate Sahara Group and Aditya Birla Group’s role in the coal scam. The petition alleges that both companies bribed politicians in the coal scam probe. The court fixed November 25 as the date for hearing. The petition says that Sahara Group and an Aditya Birla Group companies allegedly made massive payments to prominent Bharatiya Janata Party and Congress politicians in 2013-14 and 2012 respectively. The petitioner had also given his complaint to all investigating agencies and the two retired judges heading the Special Investigating Team on black money.
#Supreme Court dismisses Delhi CM’s plea
The Supreme Court on November 22 refused to intervene and dismissed the plea of Delhi CM Arvind Kejriwal seeking a stay on the trial court proceedings in a criminal defamation suit filed against him by Finance Minister Arun Jaitley. During the proceedings, Kejriwal’s counsel argued why it was wrong to comment on wrongdoing of a public figure. And said that different orders by different courts in the matter were an embarrassment. On October 19, this same plea had been rejected by the Delhi High Court after which Kejriwal had approached the apex court.
#Top court slams Centre for not enforcing building code
The Supreme Court on November 22 slammed the Centre for not enforcing the National Building Code as well as the guidelines issued by the central works department on the same issue. The respondent’s counsel submitted to the court that the Centre was going to repeal the act concerning the issue and going to come up with new act which has been passed by Rajya Sabha. To which the Court said, that Central coordination committee under the act had to meet at least once in four months but they have not met a single time in last six years and ordered Secretary to present himself on November 23 with all the records and answers to questions which has been raised by the Court.
#NGT raps industry bodies of UP for not containing pollution
The National Green Tribunal on November 21 continuing its hearing on cleaning of Ganga took stock of the report submitted by UP Jal Board. The Tribunal after examining the report found that it did not contain the findings of the IIT study which were instructed to include by the Tribunal earlier. The counsel for the various industries in UP came up with the figure regarding industries at Jajmau, Kanpur and said that there were around 400 industries and level of chromium in water was at 140 Mg. To which the Tribunal asked, what measures have been taken. They said they will come up with an upgraded plan. The Tribunal asked them, is there any problem if they shift their industries somewhere else. To which the counsel could not be able to give satisfactory answer. The Tribunal told them to come up with one good reason as why they don’t want industries to be shifted and listed the matter to November 22.
#Supreme Court defers hearing on cyber crimes against women and children
The apex court on November 21 deferred the hearing of a PIL pertaining to cyber crimes against women and children to November 28. The Central Bureau of Investigation suggested special cyber cells and criminal network tracking system for cases of cyber crimes against women and children. The Centre sought some time to respond to the suggestions.
#Apex court denies bail to Asaram Bapu
The apex court on November 21 refused to grant bail to self-styled godman Asaram Bapu as the respondent’s counsel was unable to file a reply on the interim application for transfer of Bapu from AIIMS Jodhpur to other hospital. The counsel asked for the grant of further two days to file the reply. The court adjourned the matter to November 28.
#Supreme Court orders Taj Mansingh Hotel to continue as usual
The Supreme Court on November 21 said that Taj Mansingh Hotel in New Delhi will continue its business as usual until the next order. The counsel for the petitioner submitted that two agreements were signed by the petitioner and respondent regarding the ownership of the Hotel. The first was the joint venture agreement and the second was the license deed agreement between the two and had an expiry of 33 years. The counsel for the petitioner submitted that this is the only hotel in Delhi which is paying tax regularly without any failure. To which the counsel for respondent submitted that the Hotel has already done bookings till March 31 and an order should be passed by this court that no further bookings should be made. The Court denied for the same and said this is an ongoing business and such order may hamper the hotel’s business and passed an order that respondent can’t initiate public proceedings and the petitioner will be running the hotel until further orders.
#Apex court defers hearing involving Delhi CM
The apex court on November 21 adjourned the plea by Delhi CM Arvind Kejriwal seeking quashing of criminal defamation suit filed by union minister Arun Jaitley to Nov 22. The court deferred the hearing as one of the counsels could not attend the court.
#Supreme Court asks Bihar govt to file transfer petition
The apex court on November 21 dismissed the petition of Bihar government challenging the Patna High Court order quashing the government notification banning the consumption, storage and sale of all types of liquor in Bihar. The court ordered to file appropriate petition i.e. a transfer petition rather than interlocutory application. The Bihar government had filed an interlocutory application to transfer the matter pending in Patna High Court.
#Allahabad HC refuses to take up PIL on demonetization
The Allahabad High Court on November 21 refused to take up a PIL against demonetization of Rs 500 and Rs 1000 currencies. The Court directed the petitioner to approach the Supreme Court as various cases pertaining to demonetization were already pending in the apex court. The PIL had sought a direction legalizing acceptance of old currencies of Rs 500 and Rs 1000 in nursing homes, pathology labs, ultra sound centers and blood banks.
#SC asks committee to find solutions for NPAs
The Supreme Court on Nov 18 took up the PIL raising objections to “bad loans” given by HUDCO and other banks to selected companies. The petitioner reiterated that besides HUDCO other banks too have given out huge loans to undeserving persons. It pleaded that the names of defaulters must be known to all.
The Court directed the committee studying the issue to find solutions for reducing non-performing assets. It asked the concerned ministry to file a separate report on the steps taken by the government to recover bad loans. The Court said it will take a call on the suggestions made by the committee, which will not be tampered with. The matter was listed for December 12.
#NGT makes strong observations on Ganga cleaning
NGT carried on its day-to-day hearing on cleaning of Ganga on Nov 18. The issues taken up were related to polluting industries in western UP, chromium dumping sites in Kanpur city, among others.
The NGT bench raised certain questions on the number of industries; the nature of affluents, especially from Kanpur to Jajmau; the status of power plants; and regulations needed to curb release of pollutants into the river.
It was also not happy about the absence of member-secretary of UP and noted that it showed the lackadaisical attitude of the respondents on the issue.
The bench was very particular about the status of industries in Jajmau, a suburb of Kanpur, and did not approve UP Pollution Control Board’s submission that monthly inspection by Nagar Nigam could help regulate release of affluents into the river. It sought an alternative solution and noted that the onus lay on SPCB and UP government to regulate discharge of affluents in drains that flow into Ganga.
About chromium dumping sites in Kanpur, UP Pollution Control Board submitted that steps were being taken to control them. It wanted to know from the board whether there was a plan to shift the sites. It raised concern that houses located near the dumping sites had become chromium-polluted. It also came to know from the UP Pollution Control Board that CTPs of Unnao and Banthur were violating rules and asked their senior officials to appear in court on Nov 21.
#Guides of Fatehpur Sikri must clear ASI exam: SC
The Supreme Court reiterated on Nov 18 that all guides assisting tourists in ASI-protected monuments must follow the guidelines framed by the agency as per the top court’s orders issued in 2002. The order had asked ASI to issue licenses to guides at Fatehpur Sikri, UP, only after assessing them through a special exam.
The court was hearing a petition that contended that ASI’s policy was debarring people to become guides from other places in Fatehpur Sikri. ASI had stopped entry of all regional and state-level guides to the tourist site. It had even reiterated the need for an exam in its new guidelines issued in September 2016 following the orders of the apex court.
#Allahabad HC orders probe into barbaric practices
Taking cognizance of barbarism unleashed in the name of exorcism at the Hazrat Munawar Ali Shah dargah, the Allahabad High Court asked DM Allahabad to submit a report after a thorough probe. It also ordered that the chairman of the dargah must appear in court and asked SSP Allahabad to ensure his presence. The next hearing is on Nov 24.
#SC not satisfied by govt’s moves to ease currency flow
Arguments and counter-arguments flew thick and fast while the Supreme Court was hearing the demonetisation case on Nov 18. The centre had appealed that all petitions submitted against demonetisation in different courts be transferred to the Supreme Court.
During the arguments, Attorney General Mukul Rohatgi while defending the centre’s decision on demonetization, claimed that the money flow had been eased for weddings and farmers, and it could even be availed at petrol pumps besides banks and ATMs. It blamed those opposing demonetisation of politicising the issue.
Senior advocate and Congress leader Kapil Sibal hit out at the central government by claiming that there was an acute currency crunch and it lacked the wherewithal to print adequate and legal currency notes. He said that the govt needed to print currency worth Rs 23 lakh crore. He cited the problems faced by the common man and mentioned that 47 people had lost their lives.
The Court asked Sibal to produce all official data. On Rohatgi’s plea that all petitions be transferred to SC, the Court noted that a deluge of pleas in various courts indicated that the problem was indeed severe and it was not possible to shut people from moving courts. It reminded Rohatgi about its observation in the last hearing that demonetisation could not be stayed but steps must be taken to ensure that public does not suffer in getting cash.
The matter will again be taken up on Nov 25.
#SC’s to deliver consumer forums’ verdict on Nov 21
The Supreme Court on Nov 18 reserved its verdict till Monday (Nov 21) on a PIL that had sought adequate infrastructure and other requirements in the National Consumer Disputes Redressal Commission as well as state commissions and district forums in the field. A committee set up by the apex court was asked to submit its report as soon as possible. The Committee had already placed two interim reports.
#SC orders petitioner’s presence in med colleges’ case
The Supreme Court took up the PIL related to the Establishment of Medical College Regulations, 1999 on Nov 18. It directed the petitioner’s mother to make the petitioner appear in court as he was a major. The petitioner pleaded through an application that the concerned college be asked to allot him another subject other than Pathology. However, it was dismissed by the Court on the ground that the petitioner did not take admission despite the time extended by the court.
#NGT proposes competent authority to take decision on air pollution
The National Green Tribunal on November 17 while hearing an air pollution case directed that a competent authority may take independent decision and pass appropriate orders in regard to matter relating to air pollution in Delhi. Moreover, all the corporations will have to comply with the directions contained in the order, the Tribunal ordered.
#Azam Khan to apologise unconditionally in Bulandshahr gangrape case
SP leader Azam Khan before the apex court on November 17 put forward an unconditional apology to the Bulandshahr gangrape victims for saying it was a political conspiracy. The apex court also directed that one of the victim who is a minor should be admitted to the school near to her house and expenses should be borne by the state of UP. The court listed the matter for next hearing on December 7.
#NCRDC orders to pay the compensation by cheque
The counsel appearing for the respondent Parsvnath Developers on November 17 stated to the National Consumer Disputes Redressal Commission (NCRDC) that Supreme Court is hearing the matter next week so let the order of apex court come. But NCRDC was not convinced and directed the respondent to at least pay the principal amount to complainant. The NCRDC was hearing a petition on the delay of compensation to the complainant owing to not handing over a flat in a given time.
Respondent’s counsel submitted that banks are not working properly due to demonetization so he won’t be able to pay the amount. NCRDC directed to pay it by cheque. It gave two weeks time to the respondent and ordered to give an undertaking that within two weeks the respondent will deliver the principal amount to complainant by cheque. The Commission adjourned the matter for next hearing to December 2.
#Apex court transfers case to Delhi HC on Kejriwal
The Supreme Court on November 17 transferred a special leave petition filed against an order of the Delhi High Court which had refused to quash defamation proceedings against AAP leaders and others. The Court reverted the case to the adjudication of Delhi High Court. Lawyer Amit Sibal had filed this case against Kejriwal for his allegedly defamatory accusations against him.
#Supreme Court forms committee on the culling of dogs
The apex court on November 17 said an impression should not be created that life of a human is more precious than a dog. Both of them are created by divine but only difference is that dogs don’t have intellect as humans have. However, the culling of dogs should be done only in accordance with the Animal Birth Control Rules, the court ordered. The court noted that people have started a crusade to kill stray dogs and children are being trained to kill stray dogs. Hence, the court formed a committee headed by Justice Siri Jagan to look into the matter and file a report so that court can pass an appropriate order. Meanwhile, the state can act and go for culling according to concerned act, the court said. The court listed the matter for next hearing in the first week of March 2017.
#NGT reserves order on the matter concerning pollution of Ganga
The National Green Tribunal on November 17 asked counsels, “Are there any thermal power plants or industries which need a lot of water? It further asked that whether there were industries who can use re-treated water. It sought the answers by November 18. The Tribunal also asked the counsel representing tanneries, “Are you prepared to accept the recycled water?” The Tribunal was hearing a petition regarding the Ganga Action Plan.
The Tribunal also asked the counsel including the counsel of UP state, “What are your views on shifting.” The Tribunal gave the time till November 17 to submit the replies.
#Delhi High Court defers matter on the eviction of hawkers
The Delhi High Court on November 16 while hearing a petition challenging eviction of street vendors from market by Delhi Police and municipal authorities fixed the date said that the petition will be heard by special bench on December 9, 2016 along with other matters as proposed. The Court on the previous hearing had said all the matter related or arising out of the street vending and the implementation of the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 should be heard by a special bench.
#Apex court reserves order on disabilities act
A petitioner on November 16 submitted to the apex court that many states have not yet filed any affidavit till date with regard to steps taken to implement the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The petitioner contented that states such as Arunachal Pradesh, Sikkim, MP, Goa, Haryana, Dadar and Nagar Haveli, Telangana, Manipur, Maharashtra and many more have not filed the affidavit.
The court granted two weeks time to the states to file their detailed affidavit including a chart showing the steps taken by them on the implementation of the Act. And warned that if they fail then the concerned secretary of concerned department will have to appear in the court. To which, states Goa and Sikkim stated that they will file the affidavit within three weeks. The court listed the next date of hearing to December 1, 2016.
#SC: Appoint nodal agency to regulate adverts on sex determination
The Supreme Court on November 16 directed Centre to appoint a nodal agency and as soon as that agency will receive about any such search it will be notified to Google, Microsoft and Yahoo in
addition to its earlier order of auto block search on
Pre-natal sex determination by search engines. The apex court was hearing a plea regarding adverts posted on various websites in violation of the legal provisions contained in the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.
The Court further directed the nodal agency to broadcast it on radio and visual media that by virtue of SC judgment, such searches are prohibited and will be penalized. The nodal agency shall put all details of such violations on their website, the Court said. The Court posted the matter for final disposal on February 17.
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