15th Episode of SCC Online Weekly Rewind featuring Nilufer Bhateja, Associate Editor bringing you the most important and interesting stories from the field of law is out now! Check out the link below.
Supreme Court
Class XII students’ evaluation scheme by CBSE and ICSE approved by Supreme Court with two additions
As the second wave of COVID-19 disrupts the Class XII exams, the Supreme Court has accepted the schemes presented by CBSE and ICSE for assessment of Class XII students.
The Court however, made clear that the scheme must incorporate two aspects:
(i) providing for Dispute Resolution mechanism, in case the students apply for correction of the final result declared by the concerned Boards.
(ii) the time-line to be specified for (a) declaration of the result and (b) the date before which the optional examination will be conducted, subject to conducive situation and logistical constraints.
All proceedings against Italian marines accused for killing two Indian fisherman in 2012, closed
In the 2012 incident wherein two fishermen were killed while fishing off the coast of Kerala after allegedly two Italian Military Naval officials fired at them from a passing ship, the Supreme Court has closed all the proceedings against the marines in India including criminal proceedings in exercise of powers under Article 142 of the Constitution of India.
The decision came after the Republic of Italy deposited Rs. Ten Crores based on arbitral award and the State of Kerala, the owner of the boat as well as the heirs of the deceased fishermen agreed to accept the award.
Import of prohibited goods impacting the Indian farmers and national economy, liable to absolute confiscation
In the case relating to confiscation of a large quantity of yellow peas imported from China, the Supreme Court has held that the goods in question are to be held liable to absolute confiscation but with a relaxation of allowing reexport, on payment of the necessary redemption fine and subject to the importer discharging other statutory obligations.
Noticing that the personal interests of the importers who made improper imports are pitted against the interests of national economy and more particularly, the interests of farmers, the Court said,
“When personal business interests of importers clash with public interest, the former has to, obviously, give way to the latter.”
High Courts
Madras High Court
Viewing ‘Child Pornography’ is an offence? Is there a distinction between a one-time consumer of ‘child pornography’ and someone who distributes and transmits it on a digital domain?
In a matter addressing the concern of child pornography, Madras High Court noted that though Child Pornography warrants firm approach but cases wherein a person is a one time consumer will be distinguished from those who transmit or propagate or display or distribute the same in the digital domain. In this case, petitioner had sought anticipatory bail as he had browsed, downloaded and transmitted child pornographic material.
Link: https://www.scconline.com/blog/post/2021/06/18/child-pornography/
Delhi High Court
Natasha Narwal, Asif Iqbal Tanha and Devangana Kalita granted bail in Delhi Riots case
Natasha Narwal, Devangana Kalita and Asif Iqbal Tanha have been garnted bail by the Delhi High court, they were booked under the provisions of Unlawful Activities (Prevention) Act, 1967 (UAPA) following investigation into their role in Delhi riots amidst the then ongoing anti-CAA protests.
In the Order granting bail to one of the activists Natasha Narwal the High Court observed that
“…that allegations relating to inflammatory speeches, organising of chakka jaam, instigating women to protest and to stock-pile various articles and other similar allegations, in Court’s opinion were, at worst, evidence that the appellant participated in organising protests, but it cannot be discerned that the appellant incited violence, what to talk of committing a terrorist act or a conspiracy or act preparatory to the commission of a terrorist act as understood in the UAPA.”
“…in its anxiety to suppress dissent, in the mind of the State, the line between the constitutionally guaranteed right to protest and terrorist activity seems to be getting somewhat blurred.”
https://www.scconline.com/blog/post/2021/06/19/delhi-riots-case/
Kerala High Court
A monosyllabic “yes” does not amount to plea of guilty
Kerala High Court while issuing guidelines to be followed before acting upon the pleading of guilt by an accused held that a monosyllabic “yes” cannot amount to pleading guilty and observed that,
“The words ‘plea and guilty, the term ‘pleading guilty’ should be require a positive and informed act of admitting all the elements of the offence/s. Mere lip service or a monosyllabic ‘yes’, in reply to a pointed question by the court, cannot, under any circumstance, be equated with, or accepted as, pleading of guilt by the accused.”
Link: https://www.scconline.com/blog/post/2021/06/18/plea-of-guilty/
Patna High Court
Sensitize judicial officers towards Child rights; HC urges Chief Justice
While addressing the issue of minors being put to observational homes in routine manner in spite of them being willing to reside with relatives, the Bench of Patna High Court observed that, the judicial officers are required to be sensitized on the subject and further remarked:
“The judicial officers are required to be sensitized on this issue otherwise similar examples will kept on coming before this Court. The need to keep a child in the Observation Home or to allow him/her to stay with her parents/guardians is one of the most essential consideration which is required to be given by the Magistrates when they find that a minor girl or victim of a crime is produced before them. There cannot be a remand of a victim girl to an Observation Home in a routine manner.”
Link: https://www.scconline.com/blog/post/2021/06/15/sensitize-judicial-officers-towards-child-rights/
Tribunals/Commissions
Competition Commission of India
ABFI prohibits State Baseball Associations from joining unrecognised leagues, threatens disciplinary action | CCI to examine such conduct in light of provisions of Competition Act
Competition Commission of India held that Amateur Baseball Federation of India contravened the provisions of Section 4 of the Competition Act, 2002 as ABFI prohibited the State Baseball Associations from joining unrecognized leagues and threatened for disciplinary action. Therefore, Commission stated that the matter warranted investigation.
Link: https://www.scconline.com/blog/post/2021/06/17/competition-act-2/
International Courts
European Court of Justice
ECJ authorizes the Member States to lift “one-stop shop” veil, making Facebook and other Tech giants vulnerable to potential sanctions in EU
In a long-fought battle against Facebook the Belgian Data Protection Authority had secured a major win. The decision of the Grand Chamber made Facebook and other Tech companies vulnerable to potential sanctions in the European Union after the Court authorized the supervisory authority of a Member State to lift the “one-stop-shop” veil.
Link: https://www.scconline.com/blog/post/2021/06/18/privacy-infringement/
Legislation Updates
Environment (Protection) Amendment Rules, 2021
the Ministry of Environment, Forest and Climate Change has issued the Environment (Protection) Amendment Rules, 2021 to further amend the Environment (Protection) Rules, 1986 and modifying Rule 5(3)(d), which specifies the time duration for Central Government to consider objections and impose restrictions/prohibitions:
“Provided that on account of COVID-19 pandemic, for the purpose of this clause, the period of validity of the notification expiring in the financial year 2020-2021 and 2021- 2022 shall be extended up to December 31, 2021 or six months from the end of the month when the relevant notification would have expired without any extension, whichever is later.”
https://www.scconline.com/blog/post/2021/06/18/environment-protection-amendment-rules-2021/
Companies (Meetings of Board and its Powers) Amendment Rules, 2021
The Amendment through Companies (Meetings of Board and its Powers) Amendment Rules, 2021 omits Rule 4 in the Companies (Meetings of Board and its Powers) Rules, 2014 which provides Matters which not to be dealt with in a meeting through video conferencing or other audio visual means.
Central Council of Indian Medicine stands dissolved w.e.f June 11, 2021
The Indian Medicine Central Council Act, 1970 is repealed in pursuance of provisions of section 58(1) of National Commission for Indian System of Medicine Act, 2020 with effect from June 11, 2021. With effect from the said date, the Central Council of Indian Medicine constituted under section 3(1) of the Indian Medicine Central Council Act, 1970 shall stand dissolved and the Board of Governors appointed under section 3A of the said Act shall vacate their office.
Due date for GST compliances extended
The Central Board of Indirect Taxes and Customs vide notification no. 24/2021 dated 01.06.2021 has extended due date of compliances which fall during the period from “15.04.2021 to 29.06.2021”.
https://www.scconline.com/blog/post/2021/06/12/due-date-for-gst-compliances-extended/
Book Releases
Consumer Protection Act: A Commentary: a comprehensive textbook on the new consumer protection act by G. B. Reddy and Baglekar Akash Kumar https://www.ebcwebstore.com/product_info.php?products_id=99097538
Ahmad Siddique’s Criminology, Penology and Victimology by S.M.Afzal Qadri which is updated with the latest cases and statutory developments. https://www.ebcwebstore.com/product_info.php?products_id=829