Prolawctor Daily Legal News Update| 1 September 2020

Prolawctor Daily Legal News Update| 1 September 2020

Daily Legal News Update

  • SC issues notice in a plea challenging Madras HC order

Vedanta’s Sterlite Copper smelter has been shut since May 2018 on the orders of the Tamil Nadu government as a huge protest has been done against the company as it causes harm to the environment between police and the protestors.

13 people were dead in the police firing during the protest. A case has been filed in HC where the HC has shut down the company since May 2018.

Even though the company argued that it cleared all the environmental issues during this time span Madras HC refused for the reopening of the plant. Vedanta has moved to the apex court challenging the Madras HC.

The SC on Monday issued notice to Tamil Nadu government on Vedanta Ltd’s appeal against the Madras High Court’s order disallowing the reopening of the company’s copper smelter in the state’s Thoothukudi

  • CBI, ED move early hearing applications before Delhi HC

The CBI and ED on Monday approached the Delhi HC for early hearing in their appeal against the acquittal of all accused persons in a 2G spectrum money laundry case.

An application has been filed by one of the entities to modify an earlier order of status quo to release the properties in the case. While drawing the courts attention to the larger issue ASG Jain urged for an earlier date as the justice Sethi is going to retire inthe month of November. The case shall be heard on September 10.

  • India – china another standoff eastern Ladakh

China is moving towards India with a large troop to occupy areas unilaterally. The incident took place on August 29  night where a large Chinese people liberation army troops entered on the hillside and along the south bank of the Pangong Lake by violating the diplomatic engagements between the countries in eastern Ladakh to change the status quo with provocative movements.

As the Indian troops are aware of the movements of Chinese troops took preventive measures and blocked the way in advance. Meanwhile Chinese military spokesperson, Colonel Zhang Shuili, claimed in a statement that it was India that had violated China’s sovereignty. 

The standoff between India and China started in the month of April – May which peaked at Galwan valley in the month of June which led to death of 20 Indian soldiers and approximately 40 Chinese soldiers including injured during the clash. A week ago, Chief of Defence Staff General Bipin Rawat had said India has military options to deal with China if the military and diplomatic level talks did not produce any results.

  • Apex Court granted 4 weeks time to centre in CAA plea on behalf of Assam.

A three Judge Bench of Chief Justice of India S.A. Bobde, Justice A.S. Bopanna and Justice  V. Ramasubramaniun of Supreme Court, today adjourned plea challenging the Adaptation of Laws (Amendment ) Order 2019; and granted 4 weeks time to the centre to reconsider its decision of excluding Assam State from the Inner Line Permit in relation with the  Citizenship Amendment Act.

The petitioner’s contentions being that the State is facing tremendous amount problems regarding the illegal migrants and is in constant distress as there is a threat to the residents of Assam. Inner Line Permit is the document which has to be shown by the foreigners who are non-Indians as per the CAA and the centre while passing its order has excluded Assam from the list which has created problems and thus this petition.

The petitioners in their petition have stated that the presidential order is in complete violation with the Articles 14, 21, 29, 325, 326 and 355 of the Indian Constitution. The Supreme Court has thus adjourned the matter and allowed 4 weeks time to the centre to review and reconsider its decision and the Court wants to hear the matter ahead.

  • Himachal Pradesh HC ordered to setup Anti- Suicide Helpline in the State.

In a plea filed by a law student before the HP HC the division bench of Justice Sureshwar Thakur and Justice Chander Bhusan Barowalia, on Friday ordered to activate an Anti-Suicide Helpline throughout the State.

The writ petition mentioned the rise in no .of suicide cases during this crucial period where young generation people are taking away their lives due to financial issues and mental stress which is the result of lockdown due to the Covid19 virus.

The petitioner has stated that the state should take proper steps and regulate the no of Suicide cases in the state by activating an Anti-Suicide Helpline which will the people as it is the directive principle policy under Article 38 which is issued by the Indian Constitution.

The petitioner has thus requested the court to order the state to issue the helpline throughout the state and publish the helpline on all kinds of public media and advertisements. The court hence allowing the petition issued an order wherein it has directed the state to activate the helpline no. within a period of 3 weeks.

  • Supreme Court issues new SOPs for physical hearing.

The Apex Court has issued new Standard Operating Procedures for the purpose of physical hearing during this pandemic scenario on trial basis from 1st September. Following are few SOPs laid down by CJI S.A.Bobde:

  1.  Only limited number of Advocates/parties in person and arguing Counsels will be permitted as per the physical distancing norms.
  2.  In case of number of parties is more than one the one Advocate on Role and One Arguing Counsel and one clerk per party is allowed.
  3.  High Security Zone entry through proximity cards will be suspended for time being and special hearing passes will be generated by the registry for limited physical hearing on daily basis.
  4.  Multiple sets of Chair and table will be kept inside the courtroom for AOR and Counsel and they should follow the physical distancing norms and not move them from their positions.
  5.  AORs/clerks/parties in person granted special hearing passes should complete their formalities and move through the designated Gate.
  6.  After entering the High Security Zones the AORs/clerks/parties in person will be waiting for their hearing in the staging area of vacant courtrooms and would be advised to follow physical distancing norms and movement from the designated corridors.
  7.  Entry and exit of courtroom shall be separate and use of sanitization devices is must for hands and also the papers brought by the AORs and others.
  8.  Face mask, Hand sanitizer and physical distance will be mandatory for all.
  9.  AORs/clerks/parties in person who have more than one hearing in on day would be issued seperate special hearing passes for each hearing and would be expected to wait for the next hearing in the stating area.
  10.  In the matters of Video Conferencing, a special VC Facilitation Centre has been setup in Block ‘C’, Ground Floor, Additional Building Complex, Supreme Court of India, which will be accessible through Gate 1 of the Complex.

Thus above-mentioned are the SOPs which have been issued by the Supreme Court.

  • Supreme court of India is going to give its judgement regarding the payment of the Adjusted Gross Revenue (AGR) :

Tomorrow on 1st September 2020, the Supreme court of India is going to give its judgement regarding the payment of the Adjusted Gross Revenue (AGR) dues amount by the telecom companies.

Telecom firms have to pay AGR related dues along with interest and penalty — estimated to be around ₹1.6 lakh crore.

The judgement will be given by the Bench of Justices including

  • Justice Arun Mishra,
  • Justice S Abdul Nazeer and
  • Justice MR Shah
  • Justice Arun Mishra will pronounce the key judgements on this case.
  • The case of Prashant Bhushan came to an end today by the Supreme court of India:

Prashant Bhusan, Activists lawyer of the supreme court of India had tweeeted against the chief justice of India, Sharad Arvind Bobde and against the supreme court of India.

And he also refused to offer the apology to the supreme court of India regarding his two tweets.

Prasant Bhushan was convicted of contempt over two of his tweets against the CJI and the SC by the three jugde bench which was led by the Justice Arun Mishra.

On 25th of August (Tuesday) Justice Arun Mishra gave a judgement and asked that what is wrong by the use of the word “apology” in this case and what the wrong in seeking the apology.

So today finally the case is solved. In this case, the Supreme Court of India opted to show “magnanimity” by letting Bhushan off with a fine of Rs 1. But said, failing to pay one rupee will led to 3 months of imprisonment.

  •  Extension of time for comments on draft EIA:

A notice was issued by Chief justice D.N Patel and Justice Prattek Jalan to the Central Government of India.

So yesterday, on 31st August 2020 the High court of Delhi issued a notice regarding the seeking for directions to extend the deadline to submit the objections the Draft Environmental Impact assessment (EIA). The deadline extended to 60 days.

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