Immediate Release of NRI Couple Detained at IGI Airport Without Food and Water Ordered by Delhi HC
A NRI senior citizen couple was detained at the IGI Airport due to a Look Out Circular issued in an FIR. The couple were allegedly involved in a criminal conspiracy who were in the United Kingdom for several years. The FIR contained the connection of the petitioners to developers who had failed to abide by the rules set in a contract with the person who had filed the FIR. There was a serious violation of their fundamental rights as they were detained without food, water or medicines. The Court directed the release of the couple without any coercive steps by the authorities and condition to the couple to not leave the country without permission.
Do you think the petitioners were illegally detained? Was there a violation of fundamental rights?
Sanjay Hegde’s Plea for Early Hearing in twitter Account Suspension Case Posted for September: Delhi HC States there is no Urgency
The petitioner had put a photo on the social media app Twitter due to which his account was blocked citing ‘depiction of hateful imagery’. His account was restored and was blocked again due to him sharing a poem titled ‘Hang Him’. The petitioner had claimed that he had not violated any terms whereas the Twitter claimed a violation with an affidavit.
The matter has been brought forward claiming urgency. The support of right to freedom of speech has been taken but the Court has rejected the same stating that the matter is not urgent and there are other issues that need immediate attention. The petitioner can resort to other social media applications for sharing his views.
Does suspension of social media create a violation of freedom of speech? Do you think it is an urgent matter?
Madras HC: No Discrimination in Maternity Leave for Regularised and Non-Regularised Government Staff Should Prevail
A Public Interest Litigation had been filed seeking the directions for ensuring that the Public Health and Preventive Medicines and the Office of Joint Director of Health services for taking immediate steps for identification and processing of pending applications requested for maternity leave by regularized and non-regularized married staff as they had been giving differential treatment to the two categories of staffs and this is violative of Article 14. The Court placed reliance on other judgments and held there should be no discrimination and posted it for further consideration.
Do you think that there should be difference in the treatment of regularized and non-regularized government staff?
J&K High Court Held Triple Talaq Judgments Prior to Shayara Bano Null and Void
A wife had initiated domestic violence proceedings against her husband. The huband had approached the Court requesting to quash the proceedings as he had already divorced his wife. He could not prove factum of divorce and the Court held that after the decision in Shayara Bano case triple talaq in one go is null and void.
He contended that since the Shayara Bano case was in 2017 and his divorce was in 2014 so it would not apply. The Court clarified that it would not only have prospective effect but also have retrospective effect even to the pending cases.
What is your opinion on the decision of the Court?
“Society Will Die if Criticism Dies”: Sharjeel Imam Seeks Bail
Accused Sharjeel Imam in the Aligarh Muslim University and Jamia area speeches against the CAA has filed a bail application before the Court stating that the speech did not contain any call for violence which makes it not a subject under Sedition law.
It was made as a part of intellectual debate and he cannot be held for having a different viewpoint from the government. Merely because of the fact that he considers the legislation to be unconstitutional and the legislation should be taken back, does not make him eligible for being charged under sedition. Reliance was placed on various landmarks judgments to cite that if free speech and criticism of government is curbed then democracy would die.
Do you think Sedition is still a valid law?
Bail Granted to Student in IIT Guwahati Rape Case
A student of IIT Guwahati who had been charged for the offence of rape of a fellow student has been granted bail. The Court stated that both the victim and the accused are the future of the Country and continued detention of the accused is not necessary as the investigation has been done. The Court finds a prima facie case against the accused but letting him go on bail would not lead to any tampering or influencing the evidence so it is safe to allow bail for the accused.
Is the observation of the Court in granting bail justified?
Centre’s Response Requested on Plea Challenging Concept of Beneficial Nominees: Insurance Act Section 39(7)
The petitioner had requested the Court’s direction for preventing the insurance policy to be extended to her mother-in-law that were taken by her deceased husband. The amendment had included the concept of beneficial nominee which provided that in case if the insurance policy has the parents, spouse or children as nominees then they shall be beneficially entitled to amount payable unless it can be proved that the title could not have been conferred by the holder. The Constitutional validity of section 39(7) of the Insurance Act, 1938 has been challenged before the Court for which the Court has requested for the Centre’s response.
Do you think the amendment is constitutionally valid?
Contempt Case Against YouTuber Denied by Bombay High Court: Court’s Dignity Cannot be Tarnished by Irresponsible Content
The Court refused to take a contempt case against a British activist for commenting against a subordinate Court stating that the power of charging someone for contempt is not for protection from insult but to protect the rights of the people and administration of justice and ignoring irresponsible statements is a sign of strength of the Court. The Court has a duty to ensure the protection of the citizens and a few disgruntled efforts of someone for content does not call for any action.
Does this show the strength of the Court?
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