10th Episode of SCC Online Weekly Rewind featuring Bhumika Indulia, Associate Editor bringing you the most important and interesting stories from the field of law is out now! Check out the link below.
https://www.youtube.com/watch?v=kBK0QUYNg
SUPREME COURT
Open for Courts to order house arrest under Section 167 CrPC
In a major verdict, the bench of UU Lalit and KM Joseph*, JJ has held that it is open for Courts to order house arrest under Section 167 CrPC in appropriate cases. The order comes as a milestone for curbing the problem of overcrowded prisons and high cost for their maintenance.
Data indicates that during 2019, a total of 18,86,092 inmates were admitted in the jails, taking the occupancy rate of 1350 prisons to 118.5 percent. Also, a very large sum of Rs. 6818.1 crore was the budget on prisons.
Read More| Open for Courts to order house arrest under Section 167 CrPC: Supreme Court
Gautam Navlakha’s bail plea dismissed
The same judgment dismissed the bail plea of activist Gautam Navlakha in relation to the Bhima Koregoan riots case. Allegedly, some activists, including Navlakha, made inflammatory speeches and provocative statements at the Elgar Parishad meet in Pune on December 31, 2017, leading to violence at Koregaon Bhima in the district the next day.
Navlakha, who was kept under house arrest for 34 days in the year 2018, had sought default bail on the ground that the period of 34 days be included within the period of 90 days under Section 167 of CrPC.
The Court held that the house arrest of the appellant was not purported to be under Section 167 and hence, cannot be included within the period of 90 days under Section 167 of CrPC.
Read More| Here’s why Gautam Navlakha was not able to make a case for default bail before the Supreme Court
Existence of an arbitration clause does not debar the court from entertaining a writ petition
In an interesting case, the Court has held that the availability of an alternative remedy does not prohibit the High Court from entertaining a writ petition in an appropriate case.
The Court held that the High Court may entertain a writ petition, notwithstanding the availability of an alternative remedy, particularly
(i) where the writ petition seeks enforcement of a fundamental right;
(ii) where there is failure of principles of natural justice or
(iii) where the impugned orders or proceedings are wholly without jurisdiction or
(iv) the vires of an Act is under challenge
Read More | When can High Court entertain a writ petition, notwithstanding the availability of an alternative remedy? Supreme Court explains
HIGH COURTS
Apprehension of being infected with COVID-19 after coming into contact with authorities a valid ground for anticipatory bail
“Extraordinary times require extraordinary remedy” is what the Allahabad High Court said while granting bail to an accused when he sought anticipatory bail on the apprehension of death due to COVID-19 virus after coming into contact with authorities.
The Court said that while the complainant may take objection to the aforesaid relief to the accused, they should not lose sight of the fact that only when the accused would be alive he would be subjected to the normal procedure of law of arrest, bail and trial.
READ MORE | All HC| “Right to life of an accused person can not be put to peril”; Apprehension of being infected with COVID-19 after coming into contact with authorities a valid ground for anticipatory bail
Pandemic Public Grievance Committee to be created
With the State of Uttar Pradesh being severely hit by the COVID-19 pandemic, the Allahabad High Court has directed that a three member Pandemic Public Grievance Committee shall be formed in every district within 48 hours of the order.
READ MORE | All HC| Court directs creation of Pandemic Public Grievance Committee and takes stock of Covid 19 situation in UP
Biovet Pvt. Ltd gets possession and rights to manufacture vaccines
In a big development, the Bombay High Court has directed State government to hand over the peaceful possession of the ready to use BSL-3 vaccine manufacturing unit in Pune from Intervet India Pvt. Ltd. to Biovet Pvt. Ltd. along with the requisite rights, responsibilities and obligations to deal with all the matters with respect to the vaccine manufacturing property.
READ MORE | [COVID-19 Vaccination] Bom HC| Biovet Pvt. Ltd. allowed to use idle vaccine manufacturing unit for Covaxin production; directs Maharashtra to cooperate
Why not revive Government Vaccine Institutes and Oxygen Plants? Government to answer
In a PIL seeking mandamus to direct the Government to utilise the Oxygen plants available in BHEL, Trichy, and also the Integrated Vaccines Complex (IVC), Chengalpattu, for production of vaccines, the Madras High Court has issued notice to the Government seeking response as to why it is not reviving Government Vaccine Institutes and Oxygen Plants.
BHEL, Trichy, with three Oxygen plants, has the capacity to produce oxygen at 140 metric cube per hour, but the plants are shut down since 2003. Similarly, the Integrated Vaccine Complex (IVC) at Chengalpattu, established in 2012, with international standards, has the capacity to produce 585 million doses, per year but has never been used.
READ MORE | [COVID-19] Mad HC| Why are you not reviving Govt. Vaccine Institutes and Oxygen Plants? Notice to Govt as India faces vaccine and oxygen shortage
People can be religious; Men may be communal; but roads and streets are secular
In a very important judgment on secularism, the Madras High Court has held that any procession including religious procession cannot be prohibited or curtailed merely because another religious group is residing or doing business in the area predominantly.
The Court said that the roads and streets are “secular” and should be used by all the people irrespective of their religion, caste or creed.
READ MORE | Mad HC| People can be religious; Men may be communal; but roads and streets are secular; Religious procession cannot be prohibited in an area inhabited by a different religious group
DISTRICT COURTS
Bail to 4 in Oxygen Concentrators Hoarding Case
As the National Capital gasps for oxygen, the Delhi High Court has granted bail to 4 accused in the Matrix oxygen concentrators hoarding case.
While the Court said that it did not have any sympathy with the black marketers and hoarders of the essential medicines/medical devices, it said that mere booking of the manufacturers/importers without a regulatory regime in place and without any evidence just to show that the state is concerned about the problems of citizens will be counter-productive and will further create scarcity of already scarce medical devices.
READ MORE | Delhi District Court | 4 accused in Oxygen Concentrators Hoarding Case get bail
FOREIGN COURTS
Basic Structure of the Constitution is sacrosanct
While deliberating upon constitutional petitions challenging the Building Bridges Initiative and the resulting controversial Constitution of Kenya Amendment Bill, 2020, the Kenya High Court has held that Basic Structure of the Constitution is sacrosanct, and that the President has no authority under the Constitution to initiate changes to it.
The Building Bridges Initiative was started by Kenya’s elected President Uhuru Kenyatta to come up with recommendations and proposals “for building a lasting unity in the country”. After the BBI Committee recommended certain administrative, policy, statutory or constitutional changes, Constitution of Kenya Amendment Bill, 2020 came into existence.
On this the Court made an interesting remark and said that “The President cannot be both player and umpire in the same match”.
READ MORE | Kenya HC| “President cannot be both player and umpire in the same match”; Basic Structure of the Constitution is sacrosanct, and the President has no authority under the Constitution to initiate changes to it
TRIBUNALS/COMMISSIONS
Notices to Centre and UP and Bihar Governments over the complaint on several dead bodies found floating in the Ganga River
The National Human Rights Commission has taken cognizance of a complaint over several dead bodies found floating in the river Ganga in Uttar Pradesh and Bihar and issued notices to the Chief Secretaries of both the States and the Secretary, Union Ministry of Jal Shakti (Department of Water Resources, River Development & Ganga Rejuvenation) calling for action taken report within four weeks.
READ MORE | NHRC issues notices to Centre and UP and Bihar Governments over the complaint on several dead bodies found floating in the Ganga River
LEGISLATION UPDATES
IRDAI issues norms on settlement of COVID-19 health insurance claims
The IRDAI has issued norms for settling COVID-19 health insurance claims vide Circular dated April 29, 2021. The norms have been issued in the wake of order dated 28.4.2021 passed by Delhi High Court in W.P. No. 5026/2021 wherein IRDAI was directed to advise Insurers to communicate their cashless approvals to the concerned hospitals/establishments within a maximum duration of 30 to 60 minutes so that there shall not be any delay in discharge of patients and hospital beds do not remain unoccupied.
