Saturday, 4 April 2020

Crucial Case Law

  1. CJI Sexual Harassment :-   
The Supreme court bench of Justice Arun Mishra, R.F Nariman and Deepak Gupta suo-moto held that former supreme court justice A.K Patnaik will hold inquiry regarding alleged conspiracy against CJI Ranjan Gogoi.
Later on clean chit was given to CJI. The report of the panel was not made public. The inquiry proceeding were widely criticized by several lawyer bodies as apaque and unfair. 

Inquiry was divided into two parts  :-
  • Conspiracy → A.K Patnaik
  • Sexual Harassment → Made in-house penal  
  2. Mohammad Siddiq (D) through Ors  V/s  Mahant  Suresh Das  (9 November 2019) :-

This case is also known as Ayodhya Babri Masjid dispute. In this prominent case Supreme Court unanimously held that the entire dispute land of 2.77 acres in Ayodhya must be handed over for the construction of Ram Mandir.

Using its power under article 142 of the constitution -
  • Court held that an alternate plot of 5 acres must be allotted to the Sunni Waqf Board for construction of mosque.
  • The court also observed that destruction of Babri Mosque in 1992 was a infringement of law. The act of placing idols beneath the central dome of the mosque in 1949 was an act of "discretion".
 3. Indian Hotel & Restaurant Association (AHAR)   V/s   State of Maharashtra :-

This leading case was pronounced by the Division Bench of Justice A. Bhushan and  A. Sikri on 17 January 2019.

This case was about the Maharashtra Prohibition of Obscene dance in hotels, restaurant & bar room and Protection of dignity of women act, 2016.

  • Supreme Court held that there can not be total prohibition of dance bars in Maharashtra.
  • The complete prohibition on serving alcohol was removed.
  • Stringent conditions imposed by the government for getting licence for dance bars were relaxed.
  • CCTV can not be placed inside the dance bars as it would amount of invasion of privacy but on entrance CCTV is compulsory to be installed.
  • Serving alcohol in bar was removed.
  • Educational and religious institution must be 1 kilometer away from the dance bars because it violates the right to conduct business.
  • And most important thing is that showering of currency in the dance bars is prohibited.
 4. Indibility creative Pvt Ltd   V/s  State of  West Bengal   (11 April 2019) :-  

Free speech can not be curtailed by fear of mob-violence.    (Art. 19)

  • An unofficial ban imposed on - "Bhobhishyoter Bhoot".
  • Citing law and order issues police authorities had coerced the movie screens to withdraw the film.
  • The police are not in a free society the self-appointed guardian of public morality. The uniformed authority of their force is subject to the rule of law. 
Supreme Court bench Justice D.Y Chandrachud and Justice Hemant Gupta held that free speech can not be curtailed by fear of mob violence. 
Later on compenstion of rs. 20 lakh was given to film makers.

 5. Central Public Information Officer, Supreme Court V/s Subhash Chandra Agarwal (13 November 2019) :-

CJI falls under RTI.

The office of Chief Justice of India is a public authority & cover under the Right to Information Act.

Justice D.Y. Chandrachud stated that on what basis selection of judges and appointment is made, all that procedure must be put in public domain.


But the court also underlined the importance of maintaining confidentiality in some aspect of judicial administration.
            
                                              

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