Indian Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [Jan 22 - Jan 27]

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. Why to continue defamation prosecution when Tejashwi Yadav withdrew statement: SC
   
   The Supreme Court on Monday indicated to close prosecution of Bihar Deputy Chief Minister Tejashwi Yadav for defamation in light of the fact that he has withdrawn his controversial remarks "only Gujaratis can be thugs.
   
   A bench of Justices Abhay S Oka and Ujjal Bhuyan asked why the prosecution of Bihar Deputy Chief Minister Tejashwi Yadav for defamation should continue.
    
2. SC extends stay on sentence of police officer in contempt for public flogging of Muslim men
   
   The Supreme Court on Tuesday extended the stay on 14 days of jail awarded to four policemen in contempt proceedings for publicly flogging Muslim men by tying them to a pole. A bench of Justices B R Gavai and Sandeep Mehta agreed to examine their case against the High Court.
   
   The Court, however, asked them as to what kind of authorities they exercised to commit the atrocities.
    
3. Supreme Court creates history, appoints 11 women senior advocates in a day
   
   Supreme Court created history and appointed 11 women lawyers as senior advocates in a day. Previously, only 12 women lawyers have been given the status of senior advocates of the Supreme Court.
    
4. 'We have taken charge now,' SC on unsavoury sparring by single & division bench in Calcutta HC
   
   The Supreme Court on Saturday suspended all proceedings before the Calcutta High Court until further orders after a single judge bench of Justice Abhijit Gangopadhyay declared a division bench's order as illegal and accused another judge of misconduct by acting on behalf of the ruling party in West Bengal.
    
5. SC releases woman in murder case on ground of juvenility
   
   The Supreme Court has allowed an appeal by a woman against conviction with life term imprisonment in a murder case as she was declared a juvenile, below 18 years of age, at the time of offence.
   
   A bench of Justices Abhay S Oka and Ujjal Bhuyan noted the woman has undergone more than eight years of imprisonment.

High Courts 

1. [Ram Mandir Inauguration] Bombay HC junks challenge against govt decision declaring holiday on January 22
   
   On Sunday, the Bombay High Court dismissed a public interest litigation (PIL) petition filed by law students challenging the Maharashtra government's decision to declare a holiday on January 22 on account of Ram Mandir inauguration at Ayodhya.
   
   A division bench of Justices GS Kulkarni and Neela Gokhale held a special sitting to hear the matter.
    
2. 'Commander-in-thief': Bombay HC extends interim relief to Rahul Gandhi in defamation case
   
   The Bombay High Court extended temporary relief to Congress leader Rahul Gandhi, exempting him from appearing before a Mumbai magistrate court in a defamation case until February 26. 
   
   Gandhi attempted to halt proceedings over his "commander-in-thief" comment against Prime Minister Narendra Modi in 2018, while addressing a public rally in Rajasthan. Gandhi had tweeted the same on September 24, 2018.
    
3. Delhi HC refuses to entertain Shibu Soren's plea for quashing of disproportionate assets complaint by Nishikant Dubey
   
   The Delhi High Court has refused to entertain a petition by Rajya Sabha MP and Jharkhand Mukti Morcha President Shibu Soren wherein he sought quashing of a disproportionate assets complaint filed against him with the Lokpal of India.
   
   The Court held that it "does not want to enter into this realm at this juncture and it is for the Lokpal to take a decision as to whether there is sufficient material to proceed further for investigation or not."
    
4. After Varanasi Court refuses ASI survey of Gyanvapi's Wuzukhana area, Allahabad HC judge recuses from revision
   
   The Allahabad High Courts Justice Manish Kumar Nigam has recused from hearing a revision plea seeking setting aside of an order refusing a survey by the Archeological Survey of India (ASI) of the Wuzukhana area (except the 'shivling') inside the Gyanvapi mosque.
    
5. Delhi HC recalls abortion permitted to then 29-week pregnant widow despite noting she's 'severely depressed'
   
   The Delhi High Court has recalled its previous order permitting a widow to terminate her then 29 week-old pregnancy, despite noting that the woman was diagnosed with severe depression.
   
   The Court was hearing an application in this regard by the Centre.
   
   It had previously allowed the woman to undergo medical termination of pregnancy as the woman claimed to be showing depressive, suicidal tendencies after the passing of her husband.
    
6. Why Kerala HC allowed anticipatory bail application of Headmistress who chopped Dalit student's hair?
   
   The Kerala High Court recently granted anticipatory bail to a school headmistress accused of wilfully humiliating a 5th grade student from the Scheduled Tribe (ST) community by forcibly cutting his hair during an assembly.
   
   She was booked under provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 & the Juvenile Justice (Care and Protection of Children) Act, 2015.