Indian Courts this Week: Law Street Journal's weekly round-up of top stories from SC & HCs [Jan 15 - Jan 20]

A weekly round-up of the top stories from the Supreme Court of India and High Courts across the country summed up in a 5-minute read. 

A weekly round-up of the top stories from the Supreme Court of India and High Courts across the country summed up in a 5-minute read.

Supreme Court

1. Hit-and-run case: SC issues directions to address lack of compensation claims
   
   The Supreme Court has several directions to address issue of less number of claims made for compensation in hit and run cases, even though a scheme has been brought into force on April 1, 2022.
   
   A bench of Justices Abhay S Oka and Pankaj Mithal said if the police conclude that it is a case of hit and run accident, they must inform the victim or his or her legal representatives about the availability of the Scheme.
    
2. SC bars mining by blasting within 5-km radius of Chittorgarh Fort
   
   The Supreme Court has barred mining of limestone by blasting or use of explosives within a radius of five kilometres from the compound wall of Rajasthan's Chittorgarh Fort, constructed in the Mauryan period and declared as a heritage monument.
   
   A bench of Justices Sanjiv Khanna and S V Bhatti rejected a suggestion made in a report by court commissioned CSIR-CBRI, Roorkee for safe minimum distance for blasting operations from the Chittorgarh Fort and instead directed for a fresh study.
    
3. SC quashes rape FIR lodged 34 years after the offence
   
   The Supreme Court has quashed the criminal proceedings initiated against a man in a rape case registered 34 years after the incident, as the accused claimed the case was filed to blackmail him.
   
   A bench of Justices B R Gavai and Sandeep Mehta found no explanation was given why the woman kept mum for such a long period of time, though the man had treated the son, born of the relationship well with the complainant, by providing cash and all other facilities to him.
    
4. Krishna Janmabhoomi case: SC stays HC order appointing advocate commissioner to inspect the Shahi Eidgah mosque
   
   The Supreme Court on Tuesday stayed the implementation of the Allahabad High Court order appointing Advocate Commissioner to inspect the Shahi Eidgah mosque in the Krishna Janmabhoomi case.
   
   A bench of Justices Sanjiv Khanna and Dipankar Datta issued notice to the Hindu side on an application filed by the Muslim side.
   
   The court, however, clarified all other proceedings before the High Court can continue in the matter.
    
5. SC delivers split judgment on Chandrababu Naidu’s plea
   
   The Supreme Court on Tuesday delivered a split judgment on a petition by former Andhra Pradesh Chief Minister N Chandrababu Naidu, on the applicability of Section 17A of the Prevention of Corruption Act, which mandated prior approval before investigating a public servant.
   
   A bench of Justices Aniruddha Bose and Bela M Trivedi differed on the issue and ordered posting the matter before the Chief Justice of India for setting up a larger bench.
    
6. SC stays criminal defamation trial against AAP MP Sanjay Singh in Gujarat court
   
   The Supreme Court on Tuesday stayed the criminal defamation proceedings pending against jailed Rajya Sabha MP Sanjay Singh in a Gujarat court over his alleged remarks on Prime Minister Narendra Modi’s academic degree.
   
   A bench of Justices B R Gavai and Sandeep Mehta asked the high court to hear the appeal for a stay or at least the prayer for interim relief within four weeks.
    
7. SC allows cleaning of the sealed Shivlingam area at Gyanvapi
   
   The Supreme Court on Tuesday permitted cleaning of the water tank at Gyanvapi mosque premises where 'Shivlingam' was claimed to have been found in May, 2022, under the supervision of the district administration Varanasi.
   
   The top court allowed a plea by the Hindu women in the Gyanvapi mosque case for a directive to the Varanasi district magistrate for cleaning a water tank, which falls in the sealed area inside the mosque.
    
8. Bilkis Bano case: SC dismisses plea by convicts to extend time to surrender
   
   The Supreme Court on Friday dismissed a plea filed by the convicts in the Bilkis Bano case for more time to surrender than the two weeks granted by the top court earlier while cancelling their remission on January 8, 2024.
   
   After this, all the convicts would have no option but to surrender before the jail authorities on January 21 to serve their sentence of life term.

High Courts 

1. Karnataka HC upholding de-recognition of medical college; okays State govt’s action to transfer 250 students to other colleges
   
   Over 250 students from the GR Medical College, Hospital and Research Centre in Mangalore must be accommodated in other medical institutions within the state, Karnataka High Court ruled recently after upholding the de-recognition of the college. 
   
   “Admittedly, 150 students were admitted for 1ST year MBBS course for the academic year 2021-22. The permission for renewal has been disapproved by the NMC for the academic year 2022-23. This would place the career of the students enrolled in petitioner-College in jeopardy. Hence, no exception can be taken to the State Government’s action in re-locating the candidates in different colleges in the State to enable them to pursue their next academic year. Accordingly, we answer this point in the negative.”
    
2. Himachal Pradesh HC grants Rs 5 lakhs compensation to minor rape survivor after hospital conducts banned “two-finger” test
   
   The Himachal Pradesh High Court recently awarded Rs 5 lakhs as compensation to a minor rape survivor after a hospital conducted the banned ‘two-finger’ test. At first, the compensation will have to be paid by the State and then, it should be recovered from the erring medical professionals, after holding an inquiry, Justices Tarlok Singh Chauhan and Satyen Vaidya said.
    
3. Comments on wife's cooking not cruelty u/s Section 498A IPC: Bombay HC
   
   Commenting on wife's cooking will not come under cruelty under Section 498 A under the Indian Penal Code, 1860.
   
   "..  (allegation against the petitioners).... they had commented that Respondent No.2 does not know how to cook. Such comment does not constitute ‘cruelty’ within the meaning of the Explanation to Section 498-A of the Indian Penal Code", Justices Anuja Prabhudesai and NR Borkar stated.
    
4. Gujarat HC flags "absolute gender insensitivity" of Gujarat Public Service Commission
   
   The Gujarat High Court has stayed the Gujarat Public Service Commission (GPSC) from declaring the results of the interview for the post of Assistant Manager (Finance and Accounts) Class II, after hearing a woman who was called for the same by the GPSC merely 3 days after childbirth. The Court observed that the GPSC’s stance “reflects absolute gender insensitivity towards one of the most sacred natural processes i.e. of giving birth to a child.”
    
5. 'No religious events in Hindus' Paush month': PIL in Allahabad HC against Shri Ram Janmabhoomi's Pran Pratishtha ceremony
   
   A public interest litigation (PIL) plea has been moved before the Allahabad High Court has sought a ban on the upcoming Pran Pratishtha Mahotsav (consecration ceremony) of the Shri Ram Lalla idol at Ayodhya's Shri Ram Janmabhoomi temple, stating that as per the Hindu calendar, no auspicious religious programs should be organized in the month of Paush, as per reports.
    
6. 'Manhandled by SC lawyers', Officer of SCBA's Coop Housing Society tells Delhi HC
   
   A Returning Officer of the Supreme Court Bar Association (SCBA) Multi-State Cooperative Group Housing Society Ltd has told Delhi High Court that he was manhandled and threatened by lawyers in the Chamber Block of the Supreme Court, in a plea that sought  shifting of the venue for elections to the Board of Directors of thescheduled on January 18, 2024, to Library - I at the Supreme Court. Highlighting the alleged “hostile conditions towards himself and his staff” the Officer opined that he would be “unable to conduct a free and fair elections in the Supreme Court”.
    
7. Mahua Moitra vacates govt bungalow, after Delhi HC setback
   
   All India Trinamool Congress' Mahua Moitra, who was expelled from the Lok Sabha last month, has reportedly vacated her allotted MP bungalow in line with her eviction notice. 
   
   Refusing to grant her any relief in her challenge to the notice, the Delhi High Court upheld the same even as Moitra pleaded not to be thrown out citing medical reasons.
    
8. What the f... is going on in this Court? Aus-based lady issued contempt by Delhi HC for abusing judge
   
   The Delhi High Court has issued show cause notice for contempt of court to a Sydney-based woman, for abusing the Court by saying, “Ye sa*l* kya kar rahi hai, what the f.... is going on in this Court”.
   
   Taking suo-moto cognizance on the use of abusive language, the Court issued a number of directions.