The Good And Bad: Read 35 Important Supreme Court Judgments Of 2018

The Year 2018 is about to end soon and it is time for a flashback into important
happenings in the legal universe.
The year 2018 saw two CJIs- Former CJI Dipak Misra and the Current CJI Ranjan
Gogoi. The constitution benches headed by Justice Misra, during his last month
as CJI, delivered most of the significant judgments of this year- Sabarimala,
Aadhaar, Homosexuality, Adultery, etc. The year ended with Rafale judgment by
CJI Gogoi headed bench, which generated diverse responses in political circles.
Two provisions which criminalized Homosexuality and Adultery vanished from
the penal statutes, when the Apex court ruled that both these acts are no longer
criminal. The Supreme Court also recognised that to die with dignity is
Fundamental Right by legalizing passive euthanasia. It also upheld Aadhaar
program, though with riders. Dissents penned by Justice Chandrachud in
Aadhaar and Bhima Koregaon cases, and that of Justice Indu Malhotra in
Sabarimala case, got widely debated.
It also turned to be a good year for Indian women. The Supreme Court allowed
young women to enter Sabarimala, where they were not permitted for many
centuries, in the name of custom and tradition. Justice Indu Malhotra became
the first woman Judge to be elevated to Supreme Court directly from the Bar. It
also witnessed the rarity of an all-women bench as Justice R Banumathi and
Justice Indira Banerjee sat in Court No.12 on September 5 and 6.
In the coming year, we might be able to witness the Supreme Court proceedings
without actually going there, as a petition seeking live streaming of court
proceedings was allowed by the Apex Court.
Here is the List of 35 important Judgments delivered by the Supreme Court in
2018.
SABARIMALA
Devotion Cannot Be Subjected To Gender Discrimination, Women Entry Allowed
In Sabarimala By 4:1 Majority; Lone Woman In The Bench Dissents
[Indian Young Lawyer’s Association & Ors. V. State of Kerala & Ors.]
The Supreme Court delivered one of the most keenly awaited judgment in
Sabarimala case. by a 4:1 majority, the Court has permitted entry of women of
all age groups to the Sabarimala temple, holding that ‘devotion cannot be
subjected to gender discrimination’. The lone woman in the bench, Justice Indu
Malhotra, dissented.
HOMOSEXUALITY
157-Year-Old Law Criminalizing Consensual Homo-Sexual Acts between Adults
Struck Down; Section 377 IPC Held Unconstitutional To That Extent
[Navtej Singh Johar& Ors. V. Union of India]
In a landmark Judgment Supreme Court of India struck down 157 year old law
which criminalizes consensual homo sexual acts between adults. The Five Judge
Bench declared Section 377 IPC unconstitutional, insofar as it criminalises
consensual sexual acts of adults in private.
AADHAAR
Sections 33(2), 47& 57 Of Aadhaar Act Struck Down; National Security Exception
Gone; Private Entities Cannot Demand Aadhaar Data
[Justice K. S. Puttuswamy (Retd.) and Anr V Union of India & Ors.]
The judgment authored by Justice AK Sikri, which has concurrence of Chief
Justice Dipak Misra and Justice AM Khanwilkar, read down some of the
provisions of the Aadhaar (Targeted Delivery of Financial and Other Subsidies,
Benefits and Services) Act 2016, struck down a few but significant ones (mainly
Section 33(2), 47 and 57), and upheld the rest.
ADULTERY
‘Husband Is Not The Master Of Wife’, 158 Year Old Adultery Law Under Section
497 IPC Struck Down
[Joseph Shine V. Union of India]
The Supreme Court struck down 158 year old Section 497 of the Indian Penal
Code, which criminalizes adultery, as unconstitutional. The Court however
clarified that adultery will be a ground for divorce. It was also stated that if an
act of adultery leads the aggrieved spouse to suicide, the adulterous partner
could be prosecuted for abetment of suicide under Section 306 of the IPC.
EUTHANASIA
Right To Die With Dignity A Fundamental Right, Passive Euthanasia And Living
Will Allowed,
Guidelines Issued
[Common Cause (A Regd. Society) V. Union of India & Anr]
Supreme Court of India held that right to die with dignity is a fundamental right.
The Bench also held that passive euthanasia and a living will also legally valid.
The Court issued detailed guidelines in this regard. The Bench also held that the
right to live with dignity also includes the smoothening of the process of dying
in case of a terminally ill patient or a person in Persistent vegetative state with
no hope of recovery.
SC/ST RESERVATION IN PROMOTIONS
No Need To Collect Quantifiable Data Of Backwardness To Give Reservation In
Promotions For SC/STs- Nagraj Decision Clarified; Reference To Larger Bench
Declined
[Jarnail Singh v LachhmiNarain Gupta& Ors.]
A Five Judge Constitution Bench of the Supreme Court held that the 2006
Judgment in Nagraj Case, relating to reservations for SC/ST in promotions, need
not be referred for consideration of larger Bench.However, the judgment by
Justice Nariman clarified that there is no requirement to collect quantifiable
data of backwardness of SC/STs to provide reservation in promotions. The
dictum in Nagraj was held contrary to Indira Sawhney decision to the extent it
prescribed collection of quantifiable data of backwardness as a prerequisite for
providing reservation in promotions.
SECTION 498A IPC
SC Modifies The Earlier Directions Issued To Prevent Misuse Of 498A IPC, Says
No To ‘Welfare
Committees’
[Social Action Forum For Manav Adhikar V. Union of India]
Supreme Court of India has modified its directions issued in Rajesh Sharma case
for preventing misuse of Section 498A of Indian Penal Code. A three judges’
bench led by CJI has withdrawn the earlier direction issued by a two judges
bench that complaints under Section 498A IPC should be scrutinised by Family
Welfare Committees before further legal action by police.
HADIYA
‘Right To Change Of Faith Is Part Of Fundamental Right Of Choice’:
[Shafin Jahan V. Ashokan K. M. & Ors]
The Supreme Court set aside the Kerala High Court judgment annulling the
marriage between Hadiya and Shafin Jahan. The Apex Court quashed the High
Court judgment in view of Hadiya’s statement during her personal appearance
before the Court in November, 2017, and opined that the High Court could not
have annulled the marriage under Article 226 of the Constitution of India. It,
however, directed the National Investigation Agency (NIA) to continue with its
investigation. Later, it gave detailed reasons for setting aside the High Court
judgment.
AYODHYA
Observations In Ismail Faruqui Need To Be Viewed In Context Of Land
Acquisition Proceedings; Not Relevant In Ayodhya Title Dispute
[M. Siddiq (D) THR LRS..Mahant Suresh Das & Ors.]
The Supreme Court by a 2:1 majority, refused to refer the Ayodhya-Ram
Janmabhoomi land dispute case to a larger bench. While the majority judgment
was authored by Justice Ashok Bhushan, for himself and Chief Justice of India
Dipak Misra, Justice S. Abdul Nazeer delivered the dissenting opinion. The
majority judgment clarified that the observations made in the Dr. M. Ismail
Faruqui and Ors. Vs. Union of India and Ors. judgment, that mosque was not an
integral part of Islam, have to be understood in the context of land acquisition
proceedings.
LIVE STREAMING OF SC PROCEEDINGS
Sunlight Is The Best Disinfectant: Live-Streaming Of Court Proceedings In Larger
Public Interest Allowed
[Swapnil Tripathi V. Supreme Court of India]
Supreme Court of India held that the Court proceedings shall be live-streamed
in the larger public interest. The Bench has said that appropriate Rules in that
regard will be framed soon under Article 145 of the Constitution of India.
RAFALE
Petitions Seeking Probe In To Rafale Deal Dismissed
[Manohar Lal Sharma V. Narendra Damodar Das Modi & Ors.]
The Supreme Court on Friday dismissed a string of petitions seeking an
independent probe into the 2015 Rafale deal, according it a clean chit in all
respects- decision-making, pricing and procurement procedure. Stating that
individual perception cannot influence the court into intervening, the bench
clarified that the limits of judicial review in respect of defence procurements
have to be determined upon a consideration of the individual facts and
circumstances.
LYNCHING
Horrendous Acts Of Mobocracy Can’t Be Allowed Become New Norm: Lynching
Incidents
Condemned; Directions Issued
[Tehseen S. Poonawalla V. Union of India & Ors.]
In a landmark judgment Supreme Court of India condemned the lynching
incidents across the country. The Bench headed by Chief Justice Dipak Misra said
the horrendous acts of mobocracy cannot be allowed to become a new norm in
the Country.
FIRECRACKERS
Complete Ban On Sale Of Firecrackers Refused; Online Sale Banned; Duration
For Bursting Crackers Fixed
[Arjun Gopal & Ors. V. Union of India & Ors.]
The Supreme Court ruled against imposing complete ban on firecrackers but has
said that only less polluting green crackers can be sold, that too only through
licensed traders. The Court has banned online sale of firecrackers, restraining e-
commerce websites from carrying out its sale. The Court also fixed duration for
bursting of crackers.
VICTIM APPEAL AGAINST ACQUITTAL
Victim Can File Appeal Against Acquittal Without Seeking Leave To Appeal: SC,
Justice Gupta
Dissents
[Mallikarjun Kodagali (Dead) … vs The State Of Karnataka]
In a landmark judgment, A three Judge Bench comprising Justice Madan B. Lokur
,Justice S. Abdul Nazeer and Dipak Gupta held that a victim can file an appeal in
the High Court against the acquittal without seeking leave to appeal.
FORMER ISRO SCIENTIST NAMBI NARAYANAN
Rs 50 Lakh Compensation Granted To Former ISRO Scientist Nambi Narayanan,
Committee Headed By Justice DK Jain To Inquire In To The Role Of Kerala Police
Officers
[S. Nambi Narayanan V. Siby Mathews &Ors.]
Supreme Court of India granted Rupees 50Lakh compensation to former ISRO
Scientist Nambi Narayanan. The Court has also constituted a committee headed
by former Supreme Court Judge Justice DK Jain to inquire in to the role of police
officers in the conspiracy against him. The three Judge Bench has pronounced
the Judgment in his petition for action against former top officials of Kerala
Police who had allegedly subjected him to torture and illegal detention in
connection with the infamous ISRO Espionage Case.
JUDGE LOYA DEATH CONTROVERSY
Petitions Seeking Probe Into the Death Of Judge Loya Dismissed
[Tehseen Poonawalla V. Union of India & Anr.]
Supreme Court of India dismissed the petitions seeking independent probe into
Judge Loya’s death. The Three-Judge bench of Chief Justice Dipak Misra, Justice
D. Y. Chandrachud and Justice A. M. Khanwilkar, was pronouncing the verdict in
the string of writ petitions seeking an independent probe into the death of CBI
special judge B. H. Loya.
LG VS DELHI GOVT
LG cannot interfere in each and every decision of the Delhi Government
[Govt. of NCT of Delhi V. Union of India & Anr.]
In a significant judgment, the Constitution Bench of the Supreme Court held that
the Lieutenant- General of the Delhi had to act as per the aid and advise of the
Council of Ministers of Delhi Government except in matters of land, police and
public order. It held that the LG cannot interfere in each and every decision of
the Delhi Government. Although decisions of the Government have to be
communicated to the LG, there is no need to obtain the concurrence of LG in all
matters. The Court also held that Delhi was not a ‘State’, and occupied a special
status under the Constitution.
STAY NOT MORE THAN SIX MONTHS
Stay In Civil/Criminal Proceedings Not To Be Granted Beyond Six Months;
Further Extension Only By Speaking Order
[Asian Resurfacing of Road Agency Pvt. Ltd.& Anr. VS. Central Bureau of
Investigation]
In a very significant judgment, the Supreme Court directed that in all pending
cases where stay against proceedings of a civil or criminal trial is operating, the
same will come to an end on expiry of six months from today unless in an
exceptional case by a speaking order such stay is extended. The Three- Judge
Bench headed by Justice Adarsh Kumar Goel also held that where stay is granted
in future, the same will end on the expiry of six months from the date of such
order unless a similar extension is granted by a speaking order.
GST VALIDITY
Constitutional Validity Of Goods And Services Tax (Compensation To States) Act,
2017 Upheld [Union of India & Anr. V. Mohit Mineral Pvt. Ltd.]
The Supreme Court upheld the Constitutional validity of Goods And Services Tax
(Compensation To States) Act, 2017 as well as the Goods and Services Tax
Compensation Cess Rules, 2017, as framed under the Act. The verdict was
delivered by a Bench comprising Justice AK Sikri and Justice Ashok Bhushan.
SC-ST ACT MISUSE
SC Issues Directions To Prevent Misuse Of SC/ST Act, Govt.Servants Can’t Be
Arrested Without
Prior Sanction
[Dr. Subhash Kashinath Mahajan V. State of Maharashtra & Anr.]
Supreme Court of India issued directions to prevent the misuse of provisions of
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989
(SC/ST Act). A Two Judge Bench of Justices AK Goel and UU Lalit was examining
the question whether there can be procedural safeguards so that provisions of
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (SC/ST) Act
1989 are not abused for extraneous considerations.
LAWMAKER LAWYERS
Can’t Restrict MPs and MLAs From Practicing Law
[Ashwini Kumar Upadhyay V. Union of India & Anr.]
Supreme Court dismissed the petition seeking a declaration that a person
cannot be permitted to perform the dual role of a lawyer and a legislator
(MP/MLA). The three-Judge Bench comprising Chief Justice of India Dipak Misra,
Justice AM Khanwilkar and Justice DY Chandrachud was pronouncing the
Judgment on a petition filed by BJP leader and Advocate Ashwini Kumar
Upadhyay.
DISQUALIFICATION OF CANDIDATES
Candidates Cannot Be Disqualified On Framing Of Charges In Criminal Case
[Public Interest Foundation & Ors. V. Union of India & Anr.]
The five-judge Constitution Bench of the Supreme Court held that candidates
cannot be disqualified merely because charges have been framed against them
in a criminal case. The bench urged the legislature to consider framing law to
ensure decriminalisation of politics.The judgment came on petitions filed by BJP
Leader Ashwini Updhyaya, former CEC JM Lyngdoh& NGO, Public Interest
Foundation by a bench comprising Chief Justice of of India Dipak Misra, Justice
RF Nariman, Justice AM Khanwilkar, Justice DY Chandrachud and Justice Indu
Malhotra.
MASTER OF ROSTER CJI
CJI Is The Master Of Roster: Shanti Bhushan’s Petition Dismissed
[Shanti Bhushan V. Supreme Court of India]
Dismissing the petition filed by Senior Advocate Santhi Bhushan seeking
regulation of powers of the CJI in constituting benches and allocating cases, the
Supreme Court asserted that CJI was the ‘Master of the Roster’.
NDPS INVESTIGATION OFFICER INFORMANT
Accused Entitled To Acquittal If Informant And Investigating Officer Is The Same
Person
[Mohan Lal V. State of Punjab]
In a significant pronouncement, a three-judge bench of the Supreme Court
categorically held that the informant and the investigator in NDPS cases must
not be the same person.
KATHUA
The Trial Of Kathua Rape And Murder Case Transferred To Pathankot Sessions
Court, Punjab
[Mohd. Akhtar V. State of Jammu & Kashmir]
Supreme Court of India transferred the trial of rape and murder of a 8-year-old
girl in Kathua district of Jammu and Kashmir to District and Sessions Court,
Pathankot in Punjab.
NO BUNGALOWS FOR EX- CMS
Ex-CMs Not Entitled To Govt Bungalows
[Lok Prahari V. State of Uttar Pradesh & Ors.]
Quashing an amendment made in a Uttar Pradesh state law to permit former
Chief Ministers to occupy government bungalows, the Supreme Court in a
significant ruling held that such a legislation is “arbitrary, discriminatory and
unsupported by the Constitution”. The SC thereby struck down Section 4(3) of
UP Ministers (Salaries, Allowances and Miscellaneous Provisions) Act. The
judgment meant that such laws passed by all states remain scrapped and no
former Chief Ministers in India is entitled to government accommodation.
BHIMA KOREGAON
Not A Case Of Arrest For Dissent, Plea For SIT In BhimaKoregaon Case Turned
Down By 2:1 Majority, Chandrachud.J Dissents
[Romila Thapar& Ors. Vs Union of India & Ors.]
The Supreme Court on Friday, in a majority judgment authored by Justice A. M.
Khanwilkar on behalf of Chief Justice Dipak Misra and himself, declined the
prayer for a SIT probe into the Bhima-Koregaon violence and the chain of events
leading to it. The judgment was rendered on a PIL filed by historian
RomilaThapar and four other eminent persons challenging the alleged-unlawful
arrest on August 28 of five activists, namely, Gautam Navalakha, Vernon
Gonsalves, Arun Ferreira, P. Varavara Rao and Advocate Sudha Bharadwaj.
Subsequently, four of these accused have also filed a supplementary affidavit
seeking impleadment before the apex court.
FOREIGN LAW FIRMS
Foreign Law Firms Can’t Set Up Office In India: Foreign Lawyers Can Advice
Clients On ‘Fly in And Fly Out’ Basis
[Bar Council of India V. A. K. Balaji& Ors.]
Supreme Court of India held that foreign law firms cannot set up offices in India
or practice in Indian Courts. But they can give advice to Indian clients on ‘fly in
and fly out’ mode in temporary basis. The Bench also directed the Centre and
BCI to frame rules. The Supreme Court bench of Justice Adarsh Kumar Goel and
Justice UU Lalit was delivering the Judgment in the foreign law firms case.
AMBIGUITY TAX EXEMPTION
Benefit of Ambiguity In Tax Exemption Notification Should Go In Favour Of
Revenue Department
[Commissioner of Customs (Import), Mumbai vs. M/s. Dilip Kumar and Company]
In an important judgment in the realm of taxation laws the Constitution bench
of the Supreme Court ruled that exemption notifications should be interpreted
strictly and that the burden of proving applicability would be on the assessee to
show that his case comes within the parameters of the exemption clause or
exemption notification.
DEFAULT BAIL
Accused Is Entitled To Default Bail Even If Charge Sheet Returned Due To
Technical Reason, No Court Can Extend Remand Period U/S 167(2) Beyond 90
Days
[Achpal @ Ramswaroop& Anr. V. State of Rajasthan]
A two Judge Bench of the Supreme Court on Monday held that an accused is
entitled to default bail under Section 167(2) of Code of Criminal Procedure even
if the charge sheet filed by police was returned by the Magistrate for technical
reasons. The Court also held that the provisions of the Code do not empower
anyone to extend the period within which the investigation must be completed
nor does it admit of any such eventuality.
PROFESSIONAL COURT MANAGERS
SC Directs Appointment Of Professionally Qualified Court Managers In All
Principal District And Sessions Courts For Better Court Administration
[All India Judges Association & Ors. V. Union of India & Ors.]
Lamenting how judicial infrastructure has been given relatively low importance
with infrastructure in courts in interior parts of the country being on ventilator,
the Supreme Court underlined some vital features which have to provide in all
court complexes across India including court managers with MBA degree for
ensuring efficient court administration in every judicial district.
SLP AGAINST DEATH SENTENCE
SLP Against Death Sentence Shall Not Be Dismissed Without Giving Reasons
[BabasahebMarutiKamble V. State of Maharashtra]
The Supreme Court held that Special Leave Petitions filed in those cases where
death sentence is awarded by the courts below, should not be dismissed without
giving reasons, at least qua death sentence.The three judge bench comprising
Justice AK Sikri, Justice Ashok Bhushan and Justice Indira Banerjee has recently
recalled two such orders in two different cases in which it had dismissed SLPs
filed by the accused against imposition of death penalty.
LOW VISION MBBS
Persons With Low Vision Can’t Be Denied Reservation In Admission To MBBS
Course
[PurswaniAshutosh V. Unionof India & Ors.]
In a decision with wide ramifications, the Supreme Court bench upheld the claim
of a medical aspirant with “low vision” to be admitted in MBBS course in the
category of persons with benchmark disability while holding that provisions of
the Rights of Persons with Disabilities Act, 2016 which consider low visibility as
a benchmark disability are binding on the Medical Council of India.
WITNESS EXAMINATION IN CRIMINAL TRIAL
Directions Issued On Examination Of Witnesses In Criminal Trial
[State of Kerala V. Rasheed]
The Supreme Court, on Tuesday, listed out ‘practical guidelines’ to be followed
by trial courts in the conduct of a criminal trial, ‘as far as possible’. While setting
aside a Kerala High court order, the bench comprising of Justice Abhay Manohar
Sapre and Justice Indu Malhotra observed that while deciding an Application to
defer cross examination under Section 231(2) of the Cr.P.C. a balance must be
struck between the rights of the accused, and the prerogative of the prosecution
to lead evidence.
CAUVERY
The State of Karnataka Directed to release 177.25 TMC of water, instead of the
192 TMC, to the state of Tamil Nadu
[State of Karnataka vs. State of Tamil Nadu]
A three-judge bench headed by Chief Justice, in its judgement on the Cauvery
Water Dispute between the states of Karnataka, Tamil Nadu and Kerala and the
UT of Puducherry, partially allowing the appeal preferred by the state of
Karnataka in 2007 against the order of the Cauvery Water Disputes Tribunal. The
bench directed the state of Karnataka to release 177.25 TMC of water, instead
of the 192 TMC, to the state of Tamil Nadu.