Legal Weekly: SC sets up a Constitutional Bench for Aadhaar matter, SC termed NHRC a ‘toothless tiger’ & more

Legal Weekly is a compilation of the landmark rulings passed by the Supreme Court and the High Courts of the country during the week. Read upon the relevant judgments and orders trending, followed by legal news every Saturday.

Written by Sonakshi Awasthi | New Delhi | Updated: July 15, 2017 4:53 pm
constitutional bench aadhaar, supreme court aadhaar, khehar aadhaar, khehar constitutional bench, indian express news CJI JS Khehar will be heading the bench hearing the aadhaar parent matter relating to right to privacy.

Constitution bench set up to hear Aadhaar privacy issues
A Constitutional Bench has been set up by the Supreme Court to hear the Aadhaar case relating to the right to privacy (parent case). The bench would constitute CJI JS Khehar, Justice Chelameswar, Justice Bobde, Justice Chandrachud and Justice Abdul Nazeer. The hearing would commence from July 18.

In 2015, Justice Chelameswar, Justice Bobde and Justice Nagappan were of the opinion that precedents laid down in previous judgments like Kharak Singh and M.P. Sharma would be scrutinized and “jurisprudential correctness” would be examined in the matters relating to right to privacy. The court further observed that a fundamental right is under the microscope veiled under Article 21.

“NHRC has been reduced to a toothless tiger”: SC
The Supreme Court on July 14 directed the CBI to constitute a Special Investigation Team (SIT) to probe the Manipur extra-judicial executions pending in court for the past 12 years now.

In 2000, the court had divided hearing of the 250 cases under four heads, one of them being National Human Rights Commission (NHRC) with 23 matters under the head. The top court criticized NHRC for pointing out difficulties in the affidavits and the written submissions filed in the court.

“Considering that such a high powered body has brought out its difficulties through affidavits and written submissions filed in this Court, we have no doubt that it has been most unfortunately reduced to a toothless tiger,” the court said.

ngt impose penalty, ngt 50,000 compensation, ngt compensation on waste dump, ngt ganga, ganga river, indian express news NGT directed the authorities to impose an environmental compensation amounting to Rs. 50,000 from people who dump waste near Ganga (Express Photo)

Environmental compensation of Rs 50,000 on those who pollute Ganga: NGT
While hearing the M.C. Mehta case, the National Green Tribunal directed the authorities concerned to impose a penalty of Rs 50,000 on people for dumping waste in the river Ganga on the stretch between Haridwar and Unnao.

In its 543-page judgment, the Tribunal prohibited dumping of waste within 500 metres area of the river and declared 100 metres from the edge of the river a “no-development zone.” The court noted that an exorbitant amount of Rs. 7000 crore had been spent on cleaning the river and no further amount should be invested in it.

Litigants should pay lawyers by way of a cashless means: Uttarakhand High Court
In between hearing a petition against misappropriation of property and criminal conspiracy, the events in the Uttarakhand courtroom took an interesting turn when the petitioner’s previous counsel complained of not receiving his fee.

After submissions, the court stated that all payments to lawyers should be made by way of cheque, bank draft or online banking and the lawyers should receive a receipt of the same.

Jammu and Kashmir, man tied army vehicle, army uses Human Shield, Petition for man tied to army vehicle, Jammu and Kashmir, Jammu and Kashmir news, India news, National news, latest news Farooq Ahmad Dar, the 26-year-old shawl artisan from Kashmir who was tied to a jeep as a human shield was awarded Rs. 10 lakh as compensation. (Source: @abdullah_omar/Twitter)

Rs 10 lakh compensation awarded to man used as human shield in Kashmir
The Jammu and Kashmir State Human Rights Commission (SHRC) awarded Rs 10 lakh compensation to Farooq Ahmed Dar who was used as a human shield tied on the front of a jeep by an Army officer. The petition was brought by Mohammad Ahsan Untoo, Chairman of the civil society organization, International Forum for Justice and Human Rights Jammu and Kashmir. The government has been directed to pay Dar the compensation for his ‘torture and humiliation.’

 

indian express news Catch the legal news of the week.

LEGAL NEWS:

  • Vijay Mallya cannot be sentenced until he’s back in the country: Convicted in a contempt case brought in by consortium of banks led by the SBI, the Supreme Court ordered that no action can be brought against Mallya unless he is extradited and returned to India. Attorney General KK Venugopal confirmed that the extradition process shall start from December 4.
  • Maximum three adjournment rule for judges: Delhi High Court Acting Chief Justice Gita Mittal put a limit to the never ending adjournments pleaded in courtrooms by limiting the number to three. This rule applies to all the district judges and consent of the parties has been ruled out by imposing a compensatory cost in case the number exceeds to three.
  • 3,500 child pornography websites blocked: The Centre informed the Supreme Court on Friday that it has managed to block 3,500 websites showing child pornography in the past one month. The bench had directed the Centre last year to eliminate the increasing number of such websites.

  • Last chance to Centre to allow NRIs vote in Indian elections: The Supreme Court pulled up Centre for their inability to amend the Representation of People’s Act for the last four years allowing NRIs to vote in Indian election through e-vote. The government last year in July informed the apex court approving voting rights of Indian passport holders which would require certain amendments in the Act. Supreme Court further directed e-voting for NRIs after the said amendment came through.
  • CJAR appeal to impeach the Chief Justice of Madhya Pradesh: The Campaign for Judicial Accountability and Reforms (CJAR) appealed to the political parties to impeach Justice Hemant Gupta, Chief Justice of Madhya Pradesh. CJAR had issued a press release and made a complaint against the CJ in March alleging him of money laundering, acquiring illegal properties and having disproportionate assets.
  • Vikram Bakshi re-instated as the MD of Connaught Plaza Restaurants (CPRPL): After the shutdown of 45 outlets of the food chain McDonald’s, the Delhi bench of National Company Law Tribunal allowed Bakshi’s appeal and reinstated him as the Managing Director of CPRPL.
  • Child-friendly courtrooms to be inaugurated in Madras High Court: The Madras HC will soon inaugurate a child-friendly courtroom for children accused in cases and proceedings initiated against them. The High Court will be following the mandate issued under the POSCO Act, few of which would include cameras in the courtroom for maintaining a supervision over the proceedings and a one-sided mirror to protect the identity of the children. Another salient guideline under POSCO is the presence of parents or guardian of the child during the proceedings.

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