Justice CS Karnan imprisoned for six months & Arundhati Roy’s stay on contempt: Top Judgments of the Week

Justice C.S. Karnan was sentenced to six months of imprisonment by the Supreme Court on July 4, 2017. (File Photo)

After a long battle with the top court and the ongoing conflicts with various judges and courts, Justice C.S. Karnan was convicted and sentenced to six months imprisonment on June 5.

“They (the framers of the Constitution) expected those who are to be chosen for the higher constitutional offices or to be appointed to public service would be chosen by assessing their suitability (efficiency and integrity) by employing appropriate standards,” the Supreme Court observed while concluding the judgment.

Remove Haji Ali encroachments in two weeks: SC

The apex court gave the BMC a deadline to remove the encroachments from the 908 meter area near Haji Ali Dargah within two weeks and ordered the Deputy Collector of Colaba zone to be present during the evacuation.

The Haji Ali Dargah Trust (HADT) had volunteered to remove the squatters but were unable to remove them from an area of 500 meters. Appreciating the efforts of HADT, the top court ordered four weeks for the removal of encroachments and on failure to comply, the court would order the Bombay High Court to set up a Joint Task Force (JTF) and remove the remaining squatters within 20 days.

Stay on Arundhati Roy’s contempt proceedings: SC

Arundhati Roy was granted a stay on her contempt proceedings and a leave to appeal by the Supreme Court.

Publishing her views against the arrest of G.N. Saibaba, former Delhi University professor, in an article, the Nagpur Bench of the Bombay High Court had held Arundhati Roy in contempt in 2015 to which the apex court put a stay and granted the leave for appeal.

“So afraid is the government of this paralysed wheelchair-bound academic that the Maharashtra police had to abduct him for arrest,” were the few words of the article published in Outlook magazine. Roy compared some public figures who had received bail in the past despite their crimes and wrote, “They’ve allowed his wheelchair to be replaced but denied Saibaba bail twice. Babu Bajrangi was let off for eye surgery. Maybe he’ll replace the murderous lens he views the world with.”

Justice A B Chaudhari of the HC’s Nagpur bench in 2015 had observed, “Calling the government and police as being ‘afraid’ of the applicant, ‘abductor’ and ‘thief’, and the magistrate from a ‘small town’, demonstrate the surly, rude and boorish attitude of the author in a most tolerant country like India.”

Prevent children from participating in Muharram processions: Bombay HC

Bombay High Court directs Mumbai police to set up a meeting with the religious leaders to prevent the participation of children in the religious event ‘Muharram.’

The Bombay High Court directed the Mumbai police to meet with the religious leaders to prevent children’s involvement in the Muharram procession.

Muharram is a Shia religious event, where muslims use sharp instruments on their bodies to inflict pain mourning the death of Imam Hussain Ali, grandson of Prophet Muhammad. The court took a suo motu cognizance to stop the participation of children from inflicting injuries on their bodies.

The court was hearing a suo motu petition based on a PIL filed by activist Faisal Banaraswala seeking a ban on children participating in the religious ceremony.

Yahoo compensated with 5 lakh for trademark infringement- Yahookochi: Delhi HC

Yahoo Inc. received Rs. 5 lakh as compensation via a court order for trademark infringement.

A website called Yahookochi was directed by the Delhi High Court to pay damages to Yahoo Inc. of 5 lakh (compensatory damages of 3 lakh and punitive damages of 2 lakh) for using a similar name.
“The defendants cannot have any justification for the adoption of the mark YAHOO. The potentiality of harm is enormous on the internet as the plaintiff has a very wide internet presence and operates various YAHOO formative websites,” Justice Manmohan observed.
Yahoo Inc. had issued a Cease and Desist notice to Yahookochi but the latter refused to change their name despite receiving the notice.

Justice cannot be denied to rape victims due to lack of medical evidence: Delhi HC

While hearing the pleas of Madhu Purnima Kishwar and two rape accused alleged that the new amendments made to the rape law were being abused. The court observed that the amended rape law of 2013 was made after several years of effort post December 16 gangrape.
The petitions being heard stated that under the amended rape law, the definition of rape had widened and that made it difficult to obtain the medical evidence.

LEGAL NEWS:

• Subrata Roy deposits 710.22 crore to SEBI-Sahara account: In the Ambey Valley matter, Roy was directed to order 1500 crore, out of which he had paid 790.19 crore. Roy was granted 10 days to deposit the said amount.
• Why no procedure for the appointment of the Chief Election Commissioner? asks SC: Questioning the transparency of the appointment of a Chief Election Commissioner (CEC) the court asked the Centre why no independent collegium has been appointed for the appointments of ECs and CECs.