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Prolawctor Daily Legal Update|08 August, 2020

1. Judicial custody of DU professor Hany Babu:

Associate professor, Hany Babu Musaliyarveettil Tharayil, at the Department of English of the
university, was arrested by the National Investigation Agency (NIA) on July 28 for his alleged
involvement in the case. According to National Investigation Agency the accused had links
with the CPI (Maoists).

2. Anticipatory bail plea by activist Rehana Fathima dismissed, Apex

Court said “It will leave society in a very bad taste”
"Why do you do all this? You might be an activist but why do this? What kind of nonsense is
this? It is obscenity clearly which you are spreading", the Court observed. The Bench of
Justices Arun Mishra, BR Gavai and Krishna Murari observed that Fathima 's video of her
semi-nude body being painted on by her children was "clearly obscene," and "prima facie falls
within child pornography."

3. Premature Release of Prisoner cannot be on the basis of Heinousness

of Crime
The case Shor v. State of Uttar Pradesh, was recently heard by the apex court bench of Justice
Rohinton Fali Nariman and Justice Navin Sinha. In the judgement the court has stated that no
prisoner can be prematurely released on the basis of heinousness of crime, as doing so would
be unjust. The bench further in their judgment have analysed the Section 2 of the United
Provinces Prisoner Release on Prohibition Act 1938, and has stated that the prisoner can solely
be released only on the basis of his behaviour i.e. the premature release could only take place
on the likely hood of the person not committing any offence.

4. Update to the UGC Guidelines Case: Maharashtra Government to not

conduct examinations.
Following the recent plea filled by AOR Raj Kamal, representing a Law Student Yash Dubey,
against the recent UGC guideline of mandatory examination for final year students before 30th
September. The Supreme Court has filed for a rejoinder stating that the University Grants

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Commission has failed to take into the account the rapid pace of the rise of the global pandemic
cases. This rejoinder reply was filed by Advocate Alakh Alok Srivastava.

5. A plea has been passed in the Supreme Court seeking extension of the
loan Moratorium announced by the Reserve Bank of India as well as
fixing lending rates.
The writ passed by Coimbatore Jewellery Manufacturers Association requesting the courts to
instruct the reserve bank to extend the Loan Moratorium beyond the 31st of this month. The
plea further urges the apex court to order a fixation in lending rates offered by the banks
contending that “banks have failed to pass on the benefits of reduced rates of interest to their
customers despite multiple cuts in policy rates (repo, reverse repo and bank rate) made by RBI".
Highlighting that despite lower repo, reverse repo and bank rates assigned there are no signs
of relief due to high interest rates charged upon loans.

6. The madras high court observes that “'Virtual Court Is Boon For
Legal Fraternity; Even Moffusil Advocate Can Comfortably Present
Case Anywhere”.

A single bench constituting, Justice Pugalendhi on being questioned about the listing of cases
for the final hearing through virtual means, says that “this system of Virtual Courts are
comfortable for admission for the learned Counsel this Court fails to understand why it is
difficult for them to conduct the final hearing cases”.

7. "Final year Students of Delhi University start preparing for Online

Open Book Examination (OBE) - Delhi HC."
On Friday, Justice Pratibha Singh of Delhi HC permitted Online Open Book Examination
(OBE) for final year students of Delhi University. The order so passed, quashed the pleas of
petitioners which was to stay the examination and allowed Delhi University to conduct online
OBE as per the guidelines of University Grants Commission (UGC). The order also instructed
the university to abide by the directions laid down by HC and see to it that all the grievances if
any are sorted within 48 hours, if not, the matter to be heard by Grievance Redressal
Committee.

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8. Centre to respond on translation of EIA draft notification says

Madras HC
The Madras HC on Friday asked the centre to respond on feasibility of translating the draft
notification of Environmental Impact Assessment (EIA) into vernacular language. As the
fishermen of the villages could not understand the languages other than local language and are
unable to raise their objections says petitioner in his plea. In the plea, petitioner also mentioned
that he is not against the draft notification but only his concern towards people to understand
it. The court adjourned the hearing to August 13, directing the central to respond whether it is
feasible or not. If so, then can it publish in local administrative languages also?

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