NEWS BRIEF

DATE: 23th September 2020

1. Kerala Govt Decides To Challenge Farm Bills In Supreme Court

The Kerala government has decided to approach the Supreme Court against the Farm Bills
passed by the Parliament earlier this week.

A decision in this regard has been taken by the cabinet meeting held on Wednesday, according to
regional media reports.

The cabinet termed that the laws  amounted to not just "gross violation of States' powers" but
also "blatant and serious transgression of Constitutional norms", reported 'The Hindu
Businessline'.

Farmers in many states are protesting against the following bills assed by the Parliament.

'Farmers' Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020.

https://www.livelaw.in/news-updates/kerala-govt-decides-to-challenge-farm-bills-in-
supreme-court-163393

https://www.newindianexpress.com/states/kerala/2020/sep/23/kerala-government-likely-to-
challenge-farm-billsin-supreme-court-2200824.html

https://www.newindianexpress.com/states/kerala/2020/sep/23/kerala-government-likely-to-
challenge-farm-billsin-supreme-court-2200824.html

https://www.thehindubusinessline.com/news/national/kerala-to-move-supreme-court-against-
farm-bills/article32675400.ece

https://www.indialegallive.com/top-news-of-the-day/news/kerala-govt-prepares-to-move-
supreme-court-against-farm-bills/

https://www.facebook.com/Timesnow/videos/kerala-govt-to-move-sc-against-the-farm-
bills/2380441788925460/

2. Parliament Clears Three Codes To Reform Indian Labour Laws

The Rajya Sabha today passed three Labour codes namely:

Occupational Safety, Health & Working Conditions Code, 2020
The Industrial Relations Code, 2020
The Code on Social Security, 2020
These Bills were introduced by Labour Minister Santosh Kumar Gangwar. They were passed in
the Lok Sabha yesterday.

The three codes are part of the four codes that consolidate 29 central labour laws. In 2019, the
Code on Wages was passed.

These three Bills relax labour laws to ease operational requirements for the Industries while
introducing social security for all workers, including inter-state migrants and unorganized
workers.

https://www.livelaw.in/news-updates/parliament-clears-three-codes-to-reform-indian-labour-
laws-read-bills-163391

https://www.timesnownews.com/india/article/lok-sabha-passes-three-labour-code-bills-what-do-
they-mean-for-indias-employers-and-workers/656759

https://www.thehindu.com/news/national/lok-sabha-passes-three-labour-codes-amid-boycott-by-
opposition/article32669410.ece

https://www.hindustantimes.com/india-news/parties-gear-up-to-oppose-three-labour-code-bills-
in-parliament/story-Jl3yAgW1YWKbLBbloZvAmI.html

https://indianexpress.com/article/explained/govts-new-versions-of-labour-codes-key-proposals-
and-concerns-6603354/

https://www.firstpost.com/india/ls-passes-3-labour-reform-bills-rs-clears-7-key-bills-as-
opposition-boycotts-parliament-over-suspension-of-8-mps-8840991.html

https://economictimes.indiatimes.com/news/economy/policy/cabinet-approves-amendments-to-
3-labour-codes/articleshow/78004523.cms?from=mdr

3. 'A Person Under Detention Can't Be Prevented From Taking Examination'. J&K
HC Directs Govt. To Facilitate Appearance Of Detenu In Exam

Jammu & Kashmir High Court on Monday (21st September) directed the government to make
arrangements for a detenu (Omer Akbar Mir) to appear in Class-12th examination commencing
from September 22.

The Single Bench of Justice Sanjay Dhar observed,

"a person under detention cannot be prevented from taking the examination, unless there are
pressing circumstances, which may even involve the security of the detenu itself."
Notably, an application seeking a direction for shifting of detenu from District Jail, Bhaderwah
to District Jail Baramulla or Central Jail, Srinagar was filed before the Jammu & Kashmir High
Court.

https://www.livelaw.in/news-updates/a-person-under-detention-cant-be-prevented-from-
taking-examination-jk-hc-directs-govt-to-facilitate-appearance-of-detenu-in-exam-163390

https://kashmirobserver.net/2020/09/22/hc-asks-govt-to-facilitate-detained-sopore-youths-exam/

https://thekashmirimages.com/2020/09/23/hc-asks-authorities-to-make-arrangements-for-
detained-student-to-write-class-12-exams/

https://menafn.com/1100840224/HC-Asks-Govt-To-Facilitate-Detained-Sopore-Youths-Exam

http://brighterkashmir.com/detainee-cant-be-prevented-from-taking-exam-hc

https://www.greaterkashmir.com/news/front-page-2/allow-detenue-to-appear-in-exam-hc-to-
government/

4. Draft EIA Notification 2020 Does Not Provide For Ex Post Facto Clearance To
Violation Cases: Centre Tells Lok Sabha

The Draft EIA Notification 2020 does not provide for ex post facto clearance to violation cases,
the Ministry for Environment, Forest and Climate Change stated in Lok Sabha today.

Minister of State Babulal Suproyo was responding to the query made by MP Hibi Eden in this
regard. He asked whether there is any provision for post facto clearance in the EIA 2020 draft
notification. He also asked whether the Supreme Court has observed that Post-facto Environment
Clearance is violative of the fundamental principles of environmental jurisprudence.

"Clause 22 (14) of the draft EIA Notification 2020 clearly specifies that the project proponent is
liable for action under Section 19 of the Environment Protection Act 1986 for the violations
committed by it. In addition, the draft notification also lays down additional liability on the
project proponent for causing damage to the environment through assessment of environment
damage caused, remedial plans and community augmentation plan (reference clause 22(5) of the
draft notification)", the minister stated.

"The Hon'ble High Court of Madras, in W.M.P.No.3361 and 3362 of 2018 in the matter of
Appaswamy Real Estates Ltd. and ors vs. Puducherry Environment Protection Association vide
order dated 14.03.2018 extended the time window of the notification dated 14.03.2017 up to
13.04.2018. Since then, the Hon'ble Supreme Court has enunciated the Principles of 'Polluter
Pays' and 'Proportionality' in various decisions viz. Indian Council for Enviro-Legal Action
Versus Union of India (the Bichhri village industrial pollution case) (1996 [3] SCC 212); and
Alembic Pharmaceuticals Ltd. Versus Rohit Prajapati & Ors. (2020 SCC Online SC 347),", the
reply reads.
https://www.livelaw.in/environment/draft-eia-notification-2020-does-not-provide-for-ex-
post-facto-clearance-says-centre-163389

https://legal.economictimes.indiatimes.com/news/industry/draft-eia-notification-doesnt-give-
exemptions-from-public-consultations-to-industries-ministry/78203682

https://www.soolegal.com/news/central-government-tells-lok-sabha-that-draft-eia

https://economictimes.indiatimes.com/news/politics-and-nation/no-rethink-on-post-facto-nod-
unless-good-legal-rationale-secy/articleshow/77491907.cms?from=mdr

https://www.thequint.com/explainers/explained-the-curious-case-of-india-draft-environment-
impact-assessment-notification-2020

https://www.nationalheraldindia.com/opinion/no-clearance-and-no-consultation-for-hazardous-
industries-in-draft-eia-act-2020

5. [Missing BHU Student] 'Searching Student Sincerely; Departmental Action Taken

Against Erring Officers', Varanasi SSP Tells Allahabad HC

On Tuesday (22nd September) Amit Pathak, S.S.P., Varanasi submitted before the Allahabad
High Court that a special team has already been constituted and efforts are on to search the
missing BHU Student, namely, Shiv Kumar Trivedi.

The Bench of Justice Pritinker Diwaker and Justice Subhash Chandra Sharma was hearing the
PIL filed in relation to a missing student from Varanasi, who allegedly disappeared from the
Police custody more than Seven months ago.

Advocate Saurabh Tiwari, an alumnus of the Banaras Hindu University (BHU) had addressed a
letter to the Chief Justice of Allahabad HC on 18th August, highlighting the plight of a poor
father, who has been unable to establish contact with his son Shiv Kumar Trivedi, a 2nd year
B.S.c. student at BHU, ever since February 12, 2020.

On Tuesday (22nd September), Varanasi SSP also submitted before the Court that the police is
sincerely making efforts to get the whereabouts of the missing person.

https://www.livelaw.in/news-updates/searching-student-sincerely-departmental-action-
taken-against-erring-officers-163381

https://www.theleaflet.in/ssp-varanasi-seeks-more-time-to-search-for-missing-bhu-student-says-
erring-police-officers-had-been-punished/

https://www.theleaflet.in/missing-bhu-student-allahabad-hc-rebukes-police-for-vague-affidavit-
summons-ssp/
https://www.firstpost.com/india/allahabad-hc-issues-notices-to-varanasi-dm-ssp-over-bhu-
students-disappearance-8735291.html

https://en.gaonconnection.com/missing-bhu-student-high-court-raps-police-and-threatens-cbi-
probe-if-need-be/

https://www.outlookindia.com/newsscroll/bhu-students-disappearance-allahabad-hc-issues-
notices-to-varanasi-dm-ssp/1919741

6. Parliament Clears Bill For RBI Supervision Of Cooperative Banks

The Rajya Sabha on Tuesday passed the Banking Regulation (Amendment) Bill, 2020, by voice
vote.

It was introduced by Finance Minister Nirmala Sitharaman with an aim to protect the interest of
the depositors and regulate functioning of Cooperative Banks by bringing them under regulatory
framework of Reserve Bank of India.

It may be noted that since the Parliament was not in session in June, an ordinance to that effect
was promulgated by the President on 26th of that month. The Bill seeks to replace the Ordinance
and amend the Banking Regulation Act, 1949.

It was passed by the Lok Sabha on September 16.

https://www.livelaw.in/news-updates/parliament-clears-bill-for-rbi-supervision-of-
cooperative-banks-read-bill-163379

https://www.thehindu.com/news/national/parliament-proceedings-lok-sabha-passes-amendment-
to-enhance-rbi-supervision-of-cooperative-banks/article32623852.ece

https://www.outlookindia.com/newsscroll/parliament-passes-bill-to-bring-cooperative-banks-
under-rbis-supervision/1940824

https://www.indiatvnews.com/business/news-lok-sabha-passes-banking-regulation-amendment-
act-bill-to-bring-cooperative-banks-under-rbi-supervision-650053

https://economictimes.indiatimes.com/industry/banking/finance/banking/indian-parliament-
passes-bill-to-bring-cooperative-banks-under-rbis-supervision/articleshow/78251612.cms?
from=mdr

https://in.news.yahoo.com/parliament-passes-bill-bring-cooperative-074525829.html
 7. Karnataka HC Issues Notice On Lawyers' PIL Challenging State Bar Council
Conditions In Financial Aid Scheme

The Karnataka High Court on Tuesday issued notice on a public interest litigation filed by
Advocates Association Bengaluru challenging the scheme framed by Karnataka State Bar
Council for distribution of the state grant of Rs 5 crore to the needy advocates as being
unreasonable and unfair.

The Association has sought to quash and set aside the scheme framed on August 26, by the State
Bar Council stating that discriminatory conditions were imposed for the lawyers seeking
financial assistance. Under the said scheme lady advocates, lawyers above 40 years of age and
those enrolled after January 1, 2010 are not eligible for seeking financial assistance.

The plea also seeks for directions to the state government to consider the representations made
by the association on May 12 and June 22, seeking to release a sum of Rs 100 crore as a package
to help the lawyers community in the state.

Further, it seeks to quash the order passed by the government on August 20, in so far as it relates
to the wording "The Bar Council consisting of advocates may use a part of the amount to assist
the advocates clerks and the government cannot consider the representations of the bar Councils
of other districts and provide separate financial assistance to the advocates clerks."
The court has now posted the matter for further hearing on September 28.

https://www.livelaw.in/news-updates/karnataka-hc-issues-notice-on-lawyers-pil-
challenging-state-bar-council-conditions-in-financial-aid-scheme-163374

https://www.barandbench.com/news/litigation/financial-aid-for-lawyers-karnataka-hc-
notice-go-refraining-representations-bar-associations

https://www.indialegallive.com/constitutional-law-news/courts-news/advocates-association-
bengaluru-to-provide-financial-assistance-to-clerks-hc-told/

https://www.thehindu.com/news/national/karnataka/submit-scheme-to-disburse-5-cr-
granted-by-govt-to-pay-for-needy-advocates-hc-directs-bar-council/article32500374.ece

https://blog.ipleaders.in/financial-aid-to-lawyers-during-covid-19/

https://www.latestlaws.com/latest-news/covid-19-this-hc-urges-state-bar-council-advocates-
association-to-come-together-to-financially-aid-clerks/

8. [Udaipur Hotel Case] Rajasthan HC Stays CBI Court's Order; Raps Court Over
Issuance Of Arrest Warrants Against Arun Shourie & Others
The Rajasthan High Court (Jodhpur Bench) on Tuesday (22nd September) rapped the CBI court
for issuing arrest warrants against former Union Minister Arun Shourie and four others in
connection with the disinvestment of Laxmi Vilas Palace Hotel (Udaipur).

A Single Bench of Justice Dinesh Mehta observed,

"This Court is constrained to observe that the Court below has not recorded any reason worth the
name before resorting to the extreme mode of securing the presence of an accused - issuing an
arrest warrant. The issuance of a warrant of arrest becomes all the more serious, when the
petitioner was not put to any notice of the pending proceedings."

It may be noted that, apprehendig the possibility of arrest following the order of the Special CBI
court, Jyotsana Suri, the Managing Director of the Bharat Hotels Ltd, filed a plea in the High
Court which was being heard on Tuesday (22nd September) by the Bench of Justice Dinesh
Mehta.

It was submitted by the Counsel for the petitioner in the High Court that without even putting her
on notice or issuance of summons by the Special Court, the issuance of an arrest warrant directly
was bad in the eyes of Law.

https://www.livelaw.in/news-updates/udaipur-hotel-case-rajasthan-hc-stays-cbi-courts-
order-raps-court-over-issuance-of-arrest-warrants-against-arun-shourie-others-163372

https://www.nationalheraldindia.com/india/laxmi-vilas-palace-hotel-case-rajasthan-hc-stays-cbi-
courts-order-raps-it-for-issuing-arrest-warrants

https://www.deccanherald.com/national/north-and-central/laxmi-vilas-palace-case-rajasthan-hc-
stays-arrest-warrant-against-arun-shourie-891838.html

https://www.hindustantimes.com/india-news/court-stays-arrest-of-3-accused-in-rajasthan-palace-
hotel-sale/story-iLJtqhOPAuWhIB1xhYOibM.html

https://www.timesnownews.com/india/article/relief-for-arun-shourie-in-udaipur-hotel-
disinvestment-case-arrest-warrant-converted-into-bailable-warrant/656263

https://indianexpress.com/article/india/laxmi-vilas-palace-case-rajasthan-hc-stays-arrest-
warrants-against-3-accused-6606369/

9. Bombay HC Suspends Proceedings For The Day, Rhea Bail Plea And Kangana
Ranaut's Office Demolition Matter Will Be Taken Tomorrow

The Bombay High Court has decided to suspend all judicial proceedings for the day after heavy
rains hit the city last night causing waterlogging and commuting hassles because of which there
was an acute shortage of court staff.
Rhea and Showik Chakraborty's bail application was listed for hearing today and the bench
headed by Justice SJ Kathawalla had scheduled the hearing in Kangana's petition challenging
BMC's demolition was also to be heard this morning. Now, matters on board today will be taken
up for hearing tomorrow.

The notice reads-

"Due to acute shortage of staff because of heavy rain today, the Benches are unable to take up
the matters on their respective boards. Judicial Proceedings for the day, thus, stand suspended.
Those matters on the board today will be taken up tomorrow, i.e. 24th September, 2020. Notice
regarding taking up boards for Thursday, 24th September 2020 will be published shortly."

https://www.livelaw.in/news-updates/bombay-hc-suspends-proceedings-for-the-day-rhea-
bail-plea-and-kangana-ranauts-office-demolition-163367

https://www.businesstoday.in/current/economy-politics/bombay-hc-to-hear-rhea-chakraborty-
bail-plea-kangana-ranaut-matter-on-thursday/story/416810.html

https://www.firstpost.com/india/rhea-chakraborty-kangana-ranauts-plea-hearings-postponed-as-
bombay-hc-declares-holiday-due-to-heavy-rains-8843431.html

https://www.thehindu.com/news/cities/mumbai/bombay-high-court-stops-demolition-of-
kangana-ranauts-house/article32559410.ece

https://zeenews.india.com/people/bombay-high-court-suspends-rhea-chakraborty-and-brother-
showiks-bail-hearings-due-to-heavy-rains-2311745.html#:~:text=56%2Dlakh%20mark-,Bombay
%20High%20Court%20suspends%20Rhea%20Chakraborty%20and%20brother,hearings
%20due%20to%20heavy%20rains&text=Mumbai%3A%20The%20Bombay%20High
%20Court,in%20the%20city%20and%20suburbs.

https://www.republicworld.com/india-news/law-and-order/kangana-ranaut-office-demolition-
case-court-asks-rauts-lawyer-to-fil.html

https://www.thehindu.com/news/cities/mumbai/bombay-high-court-suspends-hearings-due-to-
heavy-rains/article32675284.ece

10. BCD Issues Notice To Prashant Bhushan To Examine Whether Disciplinary Action
Be Proceeded With Against Him Over His Two Tweets

Taking cognisance of the two controversial tweets by Advocate Prashant Bhushan and the
Supreme Court's consequential verdict holding him guilty of criminal contempt, the Bar Council
of Delhi has required the counsel to appear before itself to show cause as to why action under
section 24A and section 35 of the Advocates' Act not be proceeded with against him.
"In its resolution dated 18.09.2020, the Bar Council of Delhi has taken cognizance of the letter
dated 06.09.2020, written to it by the Bar Council of India, forwarded therewith two tweets and
judgments dated 14.08.2020 and 31.08.2020 delivered by the Supreme Court holding him guilty
of Criminal Contempt of Court. In the said letter of the BCI, the BCD has been directed to
examine the matter, and proceed as per law and rules to decide the same", reads the
correspondence of the BCD.
Mr. Bhushan has been required to appear in person or through an authorised advocate on
23.10.2020 at 4 PM in the office of the BCD for a personal hearing, unless he wishes to exercise
the option of a virtual hearing.
He is also required to send his response to the Council within 15 days as to why proceedings
under section 24A and 35 of the Advocates' Act be not initiated against him in view of the tweets
in question and the conviction. While section 24A disqualifies a person from being enrolled as an
advocate on a conviction for an offence involving moral turpitude, section 35 provides for
displinary proceedings against an advocate for professional or other misconduct, which may
result in reprimand, suspension from practice or even removal from the rolls of the concerned
Bar Council.

https://www.livelaw.in/news-updates/bcd-issues-notice-to-prashant-bhushan-to-examine-
whether-disciplinary-action-be-proceeded-with-against-him-over-his-two-tweets-163366

https://www.nationalheraldindia.com/india/now-bar-council-of-delhi-notice-to-prashant-
bhushan-to-examine-possibility-of-disciplinary-action-against-him

https://www.opindia.com/2020/09/prashant-bhushan-delhi-bar-council-notice-proceeding-
contempt-of-court-convicted/

https://www.barandbench.com/news/bcd-summons-prashant-bhushan-to-examine-tweets-sc-
contempt-verdict-advocates-act

https://www.indialegallive.com/top-news-of-the-day/news/delhi-bar-council-mulls-action-as-per-
advocates-act-on-prashant-bhushan-issues-show-cause-notice/

https://sabrangindia.in/article/bar-council-delhi-issues-show-cause-notice-prashant-bhushan

11. Bombay HC Refuses To Recall Order Restraining Financial Institutions From

Recovering EMIs From Cheated Home Buyers In A Stalled Project

The Bombay High Court on Tuesday dismissed an interim application filed by Housing
Development Finance Corporation (HDFC) seeking recall of a previous order directing various
financial institutions not to recover EMIs from home buyers who have majority of their savings
stuck in a scam scheme floated by a developer wherein they were collecting fixed deposits from
unsuspecting citizens and had failed to repay the same on maturity.
Division bench of Justice Ujjal Bhuyan and Justice Abhay Ahuja was hearing HDFC's interim
application filed in original writ petition filed by Anandghan Griharachana Sahakari Sanstha
Maryadit, a co-operative housing society registered under the Maharashtra Co-operative
Societies Act, 1960 that represents a group of flat purchasers who have purchased flats in the
project called 'Anandghan'.

Previously, in an order dated June 26, 2019, the High Court had as an interim measure, restrained
the financial institutions in the case (Respondents 3 to 26) not to recover the EMIs from the
members of the petitioner i.e. home buyers till report is submitted by the Resolution
Professional.

Case Background

The builder of this project namely, DS Kulkarni Developers Limited had declared a scheme for
construction of residential flats in a plot of land measuring approximately 10,000 sq.mtrs.
situated at Village Kirkatwadi, Taluka Haveli, District Pune. According to the petitioner, the
project consisted of 11 residential towers, each having 12 floors of different areas. In all, there
are about 930 flats in the said project

https://www.livelaw.in/news-updates/bombay-hc-refuses-to-recall-order-restraining-financial-
institutions-from-recovering-emis-from-cheated-home-buyers-in-a-stalled-project-163364

https://www.barandbench.com/news/litigation/bombay-hc-interim-order-financial-institutions-
not-to-recover-emis-from-homebuyers-anandghan

https://lawinsider.in/bombay-hc-dismisses-hdfcs-plea/

12. Justice Nongmeikapam Kotiswar Singh Appointed As The Acting Chief Justice Of
Gauhati High Court

On Wednesday (16th September) the Centre notified the appointment of Justice Nongmeikapam
Kotiswar Singh as the Acting Chief Justice of the Gauhati High Court (as per Article 223 of the
Constitution of India) effective from Monday (21st September).

Notably, Justice Ajai Lamba retired as the Chief Justice of the Gauhati High Court on
20.09.2020. After Justice Lamba's retirement, Justice Nongmeikapam Kotiswar Singh, is now
the senior-most Judge of the Gauhati High Court.

The Centre's Notification (issued on 16th September) reads,

"In exercise of the powers conferred by Article 223 of the Constitution of India, the President is
pleased to appoint Shri Justice Nongmeikapam Kotiswar Singh, senior-most Judge of the
Gauhati High Court, to perform the duties of the office of Chief Justice of that High Court with
effect from 21st September 2020 consequent upon the retirement of Shri Justice Ajai Lamba,
Chief Justice, Gauhati High Court.."

https://www.livelaw.in/news-updates/justice-nongmeikapam-kotiswar-singh-appointed-as-
the-acting-chief-justice-of-gauhati-high-court-read-notification-163355

https://www.barandbench.com/news/justice-n-kotiswar-singh-acting-cj-gauhati-hc

https://www.scconline.com/blog/post/2020/09/23/gauhati-hc-justice-nongmeikapam-kotiswar-
singh-senior-most-judge-appointed-as-the-acting-chief-justice/

https://www.thesangaiexpress.com/Encyc/2020/9/18/Justice-N-Kotiswar.html

http://ghconline.gov.in/judgesGHC.html

https://www.indianbureaucracy.com/justice-nongmeikapam-kotiswar-singh-appointed-chief-
justice-gauhati-high-court/