Indian Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [Jan 1 - Jan 6]

A weekly round-up of the top stories from the Supreme Court of India and High Courts across the country summed up in a 3-minute read. 

SUPREME COURT

1. Adani-Hindenburg row: SC rejects plea to transfer probe from SEBI to SIT 
   The Supreme Court rejected a plea to transfer an ongoing probe by the Securities Exchange Board of India (SEBI) into the Adani Hindenburg controversy to a Special Investigation Team (SIT) or the Central Bureau of Investigation (CBI), saying there exists no basis for it. A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra ordered SEBI to complete its probe within three months.
    
2. Congress leader and advocate challenge new law on Chief Election Commissioner appointments in Supreme Court
   A Congress leader and an advocate filed separate pleas in the Supreme Court questioning validity of new law on appointment of Chief Election Commissioner and Election Commissioner and Election Commissioners enacted in December, 2023, replacing the Chief Justice of India by a Minister in a committee to be set up for picking up poll panel.
    
3. Supreme Court rejects plea against Tamil Nadu's NEET signature campaign, highlights student awareness of political motives
   The Supreme Court on Tuesday declined to entertain a petition filed against proposed signature campaign in the state in protest against all India medical entrance exam NEET, observing the students are not so innocent as they understand the motive and agenda behind it. The campaign was announced by Tamil Nadu Minister Udayanidhi Stalin. It is to be conducted throughout Tamil Nadu to collect 50 lakh signatures in 50 days.
    
4. Plea filed in Supreme Court to stay criminal laws
   Within days of the passage three criminal laws, a lawyer has approached the Supreme Court, seeking a direction to the Centre to stay the operation and implementation of Bharatiya Nyaya Sanhita 2023, Bharatiya Nagrik Suraksha Sanhita 2023 and Bharatiya Sakshya Adhiniyam 2023. In a PIL, advocate Vishal Tiwari sought directions to immediately constitute an expert committee under the chairmanship of former judge of Supreme Court to examine, assess, identify the viability of three new criminal laws.
    
5. Supreme Court seeks response from Centre on safety measures in Railways
   The Supreme Court on Tuesday asked the Centre to inform about the steps proposed or already undertaken, including implementation of anti collision system 'Kavach', to ensure safety of Railway passengers and prevent train accident. A bench of Justices Surya Kant and K V Vishwanathan sought a response from Attorney General R Venkatramani within four weeks, acting on a PIL by advocate Vishal Tiwari.
    
   HIGH COURTS
    
6. Following & abusing woman will not come under outraging modesty of woman: Bombay HC
    In a rather shocking ruling, the Bombay High Court held that following and abusing a woman will not attract the offence of Section 354 of the Indian Penal Code (Assault or criminal force to woman with intent to outrage her modesty). “As regards following and abusing P.W. 1, the said act cannot be said to be capable to shocking the sense of decency of a woman. The act may be annoying but definitely would not shock the sense of decency of a woman”, Justice Anil L Pansare observed.
    
7. Social boycott has no place in civilised society: Calcutta High Court
   The Calcutta High Court made pertinent observations on why a civilised society shouldn’t resort to “social boycott”. “Any social boycott of a citizen or his family member has to be dealt with strictly by the Administration. This has no place in a civilized society”, Justice Jay Sengupta observed. The Court was hearing a case where a man and his family had been boycotted by their neighbourhood because they objected to the illegal construction of a temple by the respondents in front of their property.
    
8. Pharmacyclics, Johnson & Johnson win patent infringement suit for anti-cancer drug
   The Delhi High Court ruled in favour of Pharmacyclics LLC and Johnson & Johnson Pvt Ltd (Johnson & Johnson) in a patent infringement suit moved by them for violation of their rights in targeted cancer treatment drug, Ibrutinib, marketed as Imbruvica. A single-judge bench of Justice C Hari Shankar has granted interim relief to the petitioners restraining 5 other entities from producing drugs violating Pharmacyclis’ manufacturing and marketing rights with respect to the drug.
    
9. Orissa HC rules in favour of BJD’s Lok Sabha MP Anubhav Mohanty in divorce plea
   The Orissa High Court ruled in favour of BJD’s Lok Sabha MP Anubhav Mohanty and granted him a decree of divorce on grounds of mental cruelty. A Bench of Justices Arindam Sinha and Sibo Sankar Mishra was prompted to do so after noting that there was no physical intimacy between him and his actor-turned politician wife Varsha Priyadarshini.
    
10. "Sheer wastage of time", Delhi HC closes contempt case against author Anand Ranganathan & ors 
     The Delhi High Court closed criminal contempt proceedings initiated by it against author Anand Ranganathan over remarks allegedly targetting Justice (Retd.) S Muralidhar in 2018, stating that continuing the same would be a "sheer wastage of time". 
    The Court closed the proceedings noting that "initiators of contemptuous allegations about a sitting judge of this Court have already tendered their unconditional apology before this Court and other respondents have also stated that they have utmost respect for the Court and their articles were mere expression in synchronization with their right to freedom of speech but without intent to cause any disrespect to this Court."