SC/ST MEMBERS FROM ONE STATE CAN’T CLAIM QUOTA IN ANOTHER STATE: SUPREME COURT

The Supreme Court ruled that a person belonging to a Scheduled Caste or Scheduled Tribe listed in a particular state would not be entitled to reservation benefits if he migrates to another state for employment or education. However the court added that “pan-India reservation” would apply in the case of Delhi. This means that in Delhi, for both central services and those under the union territory, reservation will be open to all SCs/ STs from across the country. The verdict came on as many as eight petitions that had raised the issue whether an SC/ST community member in one state can seek reservation in another state where his caste is not notified as SC/ST.

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NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS' (NCPCR) REPORT ON SHELTER HOMES FRIGHTENING: SUPREME COURT

The Supreme Court described that the report of National Commission for Protection of Child Rights on the status of children in shelter homes across India as 'frightening'. The Court added that it was 'helpless' as any direction to the authorities in the matter would be termed as 'judicial activism'. Referring to the National Commission for Protection of Child Rights' (NCPCR) social audit report on shelter homes, the court said that out of the 2,874 children homes, only 54 have received positive reviews from the body, set up under the Juvenile Justice (Care and Protection of Children) Act. The Court asked the all states and union territories to conduct an inspection of childcare institutions and such homes and submit a report by next hearing on September 20.

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SUPREME COURT ISSUED NOTICE TO CENTRE, WHATSAPP AGAINST PAYMENTS SERVICE AND NON-APPOINTMENT OF GRIEVANCE OFFICER

The Supreme Court issued notices to Centre and messaging application service ‘WhatsApp’, seeking their responses over a petition questioning the way the messaging service functions and its move to launch a payments platform while it has not having a physical presence in the country. A plea filed in the Apex Court said that the messaging platform was yet to comply with the requirements under Indian law, including the appointment of a grievance officer.

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SECOND MARRIAGE WILL BE VALID EVEN IF PLEA AGAINST DIVORCE IS PENDING: SUPREME COURT

The Supreme Court has clarified that the second marriage would not be void if solemnized during the pendency of the divorce appeal. The Supreme Court has said that the "incapacity to marriage" as mentioned under section 15 of the Hindu Marriage Act would not lead to nullity of second marriage, when both parties have settled or decided not to pursue the appeal. The Supreme Court made this ruling while setting aside a Delhi High Court order which declared a man's marriage during the pendency of his appeal against a decree of divorce as void.

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SUPREME COURT RESERVED VERDICT ON PIL FOR LIVE STREAMING OF COURT PROCEEDINGS

The Supreme Court reserved its verdict on petitions seeking video recording and live streaming of court proceedings. The Court said that it would pass appropriate orders after Attorney General K K Venugopal suggested that live streaming of the important cases in the Chief Justice's court can be started on a pilot basis. The Attorney General said the process can be adopted in other court rooms depending on the success of the pilot project. However, the Court said that it aims to implement the concept of open courts which in turn would help to reduce the crowd in the court. It said that live streaming may also be a help for academic purposes.

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SUPREME COURT ASKED SHOULD RESERVATION IN PROMOTION BE CONTINUED IN PERPETUITY

Questioning whether the families of affluent Scheduled Caste (SC) and Scheduled Tribe (ST) individuals should continue to benefit reservations, the Supreme Court proposed adding the 'creamy layer' qualifier for the communities as well. The Supreme Court was remarking on whether reservations need to be provided to SCs and STs in perpetuity. The court said that suppose there was a caste which was backward 50 years ago and now it has sections of creamy layer. Why can’t court say don’t treat unequals as equals because the whole idea (behind reservation) is to give a leg up to those deserving, not to someone who already has both legs up on the fan. The advancing of arguments would resume on August 29.

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SUPREME COURT SEEKS STATUS OF SPECIAL COURTS SET UP TO TRY TAINTED POLITICIANS

The Supreme Court asked the Centre to file a status report on the setting up of special courts to try exclusively cases involving MPs/MLAs and other politicians. The court wanted to know what is the number of cases pending before each of these special courts, along with the break-up of magisterial and sessions triable cases there. It asked the Centre if it intended to set up additional special courts over and above the courts already set up.

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IN 7-HOUR TRIAL, 14-YEAR-OLD BOY PUNISHED FOR RAPE IN MADHYA PRADESH

A juvenile court in Ujjain (Madhya Pradesh) convicted and sentenced two years at a special home for a 14-year-old boy on charges of raping a minor girl, within seven hours. The court ordered sending the boy to a remand home in Madhya Pradesh's Seoni district for serving the sentence. The crime took place on August 15 and the entire process, from registration of the case to pronouncement of judgement, was completed in five days.

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SUPREME COURT TO EXAMINE IF SPORTS CAN BE INCLUDED AS FUNDAMENTAL RIGHT LIKE EDUCATION

The Supreme Court agreed to hear a PIL seeking to boost sports in India by making it a compulsory part of the educational curriculum from elementary to higher secondary levels as part of fundamental rights in line with the right to education. The court issued notice to the Centre, state governments, Union Territories, University Grants Commission, National Council of Educational Research and Training and Sports Authority of India seeking their response whether sports could be treated as a fundamental right to make the government authorities liable to put in place sports infrastructure at all levels of education.

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FORUM AGAINST CORRUPTION ISSUED LEGAL NOTICE AGAINST PRIVATE COLLEGES FOR WITHHOLDING CERTIFICATES

The Forum Against Corruption in Hyderabad issued legal notices to the colleges offering B.tech, B.Pharm, B.Arch, B.Planning and Pharm-D in Telangana for information against some old practices which are illegal as well as not recognised or prescribed by the Telangana State Council for Higher Education (TSCHE). Students reported that the college managements were withholding 10th Standard, 12th Standard original certificates and not returning it in case the student wanted to discontinue or he/she dropout of the course due to financial burden or wanted to pursue other opportunities. The Forum Against Corruption said that it was not just illegal but also amounted to extortion.

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DIVORCE ADVOCATES IN HYDERABAD | ABHAYA LEGAL SERVICES

Abhaya Legal Services provides legal services for mutual divorce and contesting divorce, maintenance (Parents, wife & Children), mental and physical harassment, domestic violence, alimony to wife, child custody, dowry harassment, etc., apart from rendering our legal services in civil, criminal, bails, anticipatory bails, cheque bounce, documentation, documents verification, registration, legal opinions, and real estate, etc.,

Mobile: +91-9346950711     

     

Email: abhayalegalservices@gmail.com

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SUPREME COURT LAUNCHED MOBILE APPLICATIONS TO FILE CASES ONLINE IN THE SUPREME COURT AND HIGH COURTs ACROSS THE COUNTRY

The Supreme Court launched a host of mobile applications for the benefit of litigants as well as lawyers. The applications for e-Filing, e-Payment and National Service and Tracking of Electronic Processes (NTSEP) were also launched by the apex court. With this people-friendly application, litigants can now file cases online in the Supreme Court and High Courts across the country from subordinate courts and litigants won’t have to physically travel to the apex court and High Courts to file them.

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PARLIAMENT MUST BAN ALL CRIMINAL LEADERS: SUPREME COURT

The Supreme Court said that the People with criminal antecedents becoming members of Parliament and state assemblies is a problem and the legislature should not ignore it. Attorney general K K Venugopal suggested that the Supreme Court could ask Parliament to enact a law debarring those from polls against whom charges had been framed in heinous crimes. Since, the Court told to a bunch of petitioners, who sought a direction to debar candidates with criminal background from contesting elections, that the Court was bound by the Laxman Rekha which mandated constitutional courts only to declare the law and not legislate.

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CENTRE ASKED SUPREME COURT TO REFRAIN FROM MAKING COMMENTS ON PILS AND COURT PULLED UP CENTRE FOR ASKING COURT TO SHOW RESTRAINT

The Centre told the Supreme Court to restrain itself from making hard-hitting observations on Public Interest Litigation (PIL) matters saying these had an impact on several issues plaguing the country. Since the Supreme Court pulled up the government saying that the judges were also citizens and knew the problems faced by the country, and made it clear that it was at least ‘solving problems’ and was in no way criticising the government. The exchange happened when the court was hearing a PIL on the inhuman conditions in 1,382 prisons in India and the bench mooted the idea of setting up of a committee to look into the conditions of incarcerated prisoners. The court asked the Centre to file details of the proposed committee by August 17.

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BILL TO RESTORE ORIGINAL SC/ST ATROCITIES LAW PASSED IN PARLIAMENT

The Lok Sabha passed the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018, which seeks to overturn a Supreme Court order that struck down the provision for immediate arrest. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018, ruled out that any provision for anticipatory bail for a person accused of atrocities against SCs/STs, notwithstanding any court order. It also provides that no preliminary enquiry will be required for registering a criminal case and an arrest under this law would not be subject to any approval.

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COURT WILL GRANT PERMISSION TO DE FACTO COMPLAINANT, A VICTIM, TO CONDUCT PROSECUTION INDEPENDENTLY AT ANY STAGE OF PROCEEDINGS

According to the proviso in Section 24(8) of CrPC, the court may permit the victim to engage an advocate of his or her choice to assist the prosecution. In a case before the Hyderabad High Court, the petitioner woman is the de facto complainant in the case pending before the metropolitan magistrate’s court. The crime registered against her husband is for the offences punishable under Section 498-A of IPC and Sections 3 and 4 of Dowry Prohibition Act. The judge held that the de facto complainant was entitled to conduct prosecution and participate in the proceeding including either personally or by engaging an advocate of his/her choice. He made it clear that the de facto complainant was permitted to engage a private advocate and conduct prosecution by further examination of any witness in addition to what Additional Public Prosecutor conducted, if any.

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CABINET APPROVED BILL TO RESTORE ORIGINAL PROVISIONS OF SC/ST ACT

The Cabinet approved a Bill to amend the SC/ST Atrocities Prevention Act, to restore the original provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 that allows arrest of an accused without preliminary enquiry or prior approval which was recently struck down by the Supreme Court. The Bill will be introduced in Parliament in the ongoing session for consideration and passage.

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