Top Legal Headlines - 17th February, 2021

NATIONAL NEWS SUMMARIES

1.    Sending offensive messages and flirting with a junior official is unacceptable: SC

•    The 3 Judge Bench comprising of Chief Justice S.A. Bobde, Justice AS Bopanna and V Subramanian observed that “to flirt with a junior official is not acceptable conduct for a judge”.
•    This observation was made during the hearing of an appeal against the decision of the Madhya Pradesh High Court.
•    The High Court had ordered an in-house inquiry on the judge on the allegations of sexual harassment.

2.    Pre-deposit for filing appeal before DRAT is mandatory : SC

•    In the case of Kotak Mahindra Bank Pvt Ltd v. Ambuj A Kasliwal, the Supreme Court held that the pre-deposit for filing an appeal before the Debt Recovery Appellate Tribunal is mandatory.
•    The 3 Judge Bench comprising of Chief Justice S.A. Bobde, Justice AS Bopanna and V Subramanian held that the entire waiver of the pre-deposit is impermissible.
•    However, it was held that  in appropriate cases 25% of the debt due can be permissible instead of the 50%  but not complete waiver.

3.    Plea filed in Delhi HC for removal of the farmers and Delhi Police Commissioner

•    A plea has been filed before the Delhi HC for immediate removal of the people protesting in the garb of farmers and the Delhi Police Commissioner.
•    The plea states that the act of the protesters to violently approach the Red Fort and hoist their own flag is a dis-respect to the nation.
•    According to the plea, the Delhi Police had failed in maintaining law and order in Delhi.

4.    Sedition cannot be used to quieten the disquiet: Delhi HC

•    In the case of State v. Swaroop Ram, the Delhi HC has granted bail to a laborer accused of forgery and sedition. 
•    He was accused so for the posting of fake video regarding a senior officer of the Delhi Police with respect to the farmers’ protest with the intention of spreading disaffection for the State.
•    “The law of sedition is a powerful tool in the hands of the State to maintain peace and order in the society. However, it cannot be invoked to quieten the disquiet in the pretence of muzzling the miscreants”, the HC held.

5.    Delhi Commission of Women takes cognizance of the arrest of Disha Ravi

•    On the arrest of the activist Disha Ravi with regards to the ‘toolkit’ case, the Delhi Commission of Women has taken suo moto cognizance.
•    Looking at the arrest as a violation of her right under Article 22 of the Indian Constitution, the Commission Head has sought reply from the Delhi Police regarding the FIR and non-production of Disha Ravi before the local court for transit remand.

6.    SC’s suo moto contempt case against Rajdeep Sardesai

•    According to the Supreme Court’s website, the Apex Court had registered a suo moto contempt case against Rajdeep Sardesai that too without the approval of the Attorney General.
•    Rajdeep Sardesai had criticized the judiciary in his tweets.
•    However, now the Supreme Court has clarified that no such proceedings have been initiated against him and that the error on the website was an inadvertent mistake.

INTERNATIONAL NEWS SUMMARIES

1.    Lawyers write open letter to US President regarding the Farmers’ Protest in India

•    More than 40 lawyers of South Asian descent living in the US have written an open letter to the US President Joe Biden to take note of the farmers’ protest and the actions of the Indian government.
•    By this letter, the President of the United States has been requested to condemn the actions if the Indian government and show solidarity with the ongoing protests.

2.    Karim Khan elected as the new ICC prosecutor

•    British Human Rights lawyer, Karim Khan, has been elected as ICC’s new prosecutor.
•    He was elected by more than 120 countries.
•    He specializes in International Criminal Law and International Human Rights Law.