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February 2020-Current Legal Knowledge

News from Parliament

1. Private members Bill introduced in Rajya Sabha for Population Control seeking implementation of Directive
Principles of State Policy. Bill was introduced by Shiv Sena M.P Mr. Anil Desia seeking introduction of Article 47A
in the Part IV of the Constitution.
2. Centre has clarified in Lok Sabha that there are no plans to move ‘water’ to Union List from State List. Clearing air
on this matter, the Centre said in the Lok Sabha that the proposal to bring water in the Union / Concurrent list had
earlier been examined by the two Commissions on Centre State Relations, and the proposal did not find favour
with either of the two Commissions. This arrangement was recognized in the Sarkaria Commission's Report, as
being and in the Punchhi Commission's Report also stating that the involvement of state and local bodies was
essential for day to day administration and that involvement of the Centre was essential for management of
equitable distribution between States.

International
1. Kenya High Court has held that it is essential for national biometric ID project that compliance with data
protection norms is ensured otherwise DNA & GPS tracking is unconstitutional. Court referred to Indian case
law K.S Puttaswamy judgment and discussed the importance of adequate legal framework.
2. A former chief justice of Bangladesh, Justice Surendra Kumar Sinha, who had to quit in 2017 under pressure
from the Sheikh Hasina Wajed government, is facing arrest on charges of embezzlement. Justice Sinha was
Bangladesh’s first Hindu chief justice and lived in Australia since resigning. He has been charged with
embezzling 40 million taka in 2016 by the Anti-Corruption Commission (ACC).
3. The Supreme Court of the United Kingdom rendered the judgment allowing the appeal of a refugee to pursue a
claim for damages against the Government for unlawful detention.

National – Miscellaneous
1. The District Consumer Disputes Redressal Forum, Hyderabad has held that failure to print the MRP on books
amounts to unfair trade practices, under Section 2(1)(g) of the Consumer Protection Act, 1986.The bench
comprising President Vakkanti Narasimha Rao and Members PVTR Jawahar Babu and RS Rajeshree
dismissed the publisher Penguin Books India's plea that they had "affixed stickers" with MRP on the books and
it observed that not "printing" the MRP on a book gives scope to the sellers to sell the book at whatever the cost
they like.
2. The Central Government has issued notification allotting the land acquired under Acquisition of Certain Area at
Ayodhya Act, 1993, including the inner and outer courtyard of the disputed site, to Shri Ram Janmbhoomi
Teerth Kshetra Trust. A land admeasuring five acres has been allotted to Sunni Central Waqf Board at a
prominent place in Ayodhya, outside the land acquired under the Act. Allotment letter of land in Ayodhya to the
Waqf Board has been issued by the State Government of Uttar Pradesh, the Notification said.

Case Laws

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1. Supreme Court has held that law does not taboo adopting of the alternate pleas by accused. Supreme Court
remarked this while observing that a murder accused can take a plea that he was not at all involved in the act
which resulted in the death of the deceased, but that does not deprive him/her of the right to establish the fact
that the case against him would still be embraced within any of the exceptions under Section 300 IPC.
2. Kerala High Court has issued notice to Central and State government on petition filed by a gay couple which
moved to Court challenging Special Marriage Act 1954 as unconstitutional as it doesn’t recognize Homosexual
marriages as valid.
3. Kerala High Court has dismissed PIL against religious practice of administering wine with common spoon as
holy sacrament in Churches. Petition was filed under Food Safety & Standards Act, 2006 for possibility of
spreading communicable diseases. The PIL mainly contended that administering holy sacrament
commemorating the last supper of Jesus Christ by distributing bread and wine in Christian churches, is an
unhealthy practice and the same poses serious health hazards to the general public, especially the
communicants. The court observed that the Food Safety Authority is not vested with any powers to interfere with
the distribution or administering of the holy sacrament in the churches and also that such practice is well
protected under Article 21 of the Constitution.
4. Kerala High Court has held that Cochin International Airport Ltd (CIAL) is not a State instrumentality under
Article 12 and their employment does not involve public element. The court relied on the landmark decision of
the apex court in Ajay Hasia v. Khalid Mujib Sehravardi where the constitutional approved the six tests laid
down in the Ramana Dayaram Shetty v. International Airport Authority of India to determine whether an
institution is a State under Article 12 of the Constitution of India.
5. Gujarat High Court has reiterated that ‘Two Finger Test’ is unconstitutional following the landmark judgment of
Lilu @ Rajesh Vs. State of Haryana & Anr. (2013) where Supreme Court held the same. The court observed
that the two-finger test is violative of the right of the victim to privacy, physical and mental integrity and dignity.
As per the court this test is in direct conflict with the proviso to Section 146 of the Indian Evidence Act, which
stipulates that "in prosecution for rape or attempt to commit rape, it shall not be permissible to put questions in
the cross-examination of the prosecutrix as to her general immoral character.ax
6. Madras High Court has held that retired employees can form Unions under Trade Union Act, 1926. Court has
held that even retired employees of an institution have the right to form an association/ trade union under the
Trade Unions Act 1926. The court set aside the order of the Deputy Commissioner of Labour who had refused
to allow retired employees of the Karur Vysya Bank to form an association to espouse their grievances, relating
to pension and other benefits. However, the court clarified that the retired employees would not be permitted to
"join hands" with the Association of current employees. It held that the nature of grievances faced by either of
the employees was on a different path and both could not be mingled together for espousing the same to the
industry with which they are actually connected.
7. Madras High Court has asked Director General of Police to set up special cells in every police station to check
social media abuse which spread derogatory content against anyone. It has directed that every police station in
the State should be able to track unscrupulous offenders who post derogatory content on social media, not only
against constitutional and government functionaries but also against the common man.
8. Bombay High Court has issued notice to Central and State governments in a petition filed against media houses
revealing information about sexual assault victims which leads to their identification. Petition seeks proper
implementation of Criminal Law Amendments of 2013 and 2014, and other improvements for proper
implementation of procedural laws.
9. Calcutta High Court has held that indulgence in 'sting operation' purportedly in public interest does not
extinguish the criminal liability of an individual. The court rejected the petitioner's explanation that they were only
conducting bona fide sting operations to unravel corruption. The issue raised was whether an accused in a
criminal case pending trial and being prosecuted by the State can be identified and appointed by the State as a
Deputy Advocate General for conducting the cases of the State. The bench observed that process and
procedure cannot be justified by the State simply saying that 'a person is innocent until found guilty' and that
registration of a criminal case is not a bar for a person to practice as an Advocate under Section 24A of the
Advocates Act.
10. Allahabad High Court has said that protection to a live-in-relationship couple won’t be given if both the parties
are married elsewhere and are not capable of marrying each other as this would be mischievous and defeating
the purpose of law.
11. Allahabad High Court has rejected a plea filed asking government to take actions against Akshay Kumar and
Alia Bhatt for acquiring citizenships of Canada and U.K respectively. Court said that the concerned matter is not
under their jurisdiction and should be taken up before appropriate authorities.
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12. The High Court of Kerala has ruled that the results of narco-analysis and brain mapping process done case
cannot be used in evidence. Following the principle laid down in the landmark decision in Selvi & others v State
of Karnataka (2010) 7 SCC 263, the Court held that the results of such scientific tests, even if carried out with
the consent of the accused, can be used only for the purposes of proving discovery of fact in accordance with
Section 27 of the Indian Evidence Act.
13. The Chhattisgarh High Court has issued notices on a PIL challenging the constitutional validity of the
Chhattisgarh Bhiksha Vritti Nivaran Adhiniyam 1973 and the Chhattisgarh Bhiksha Vritti Nivaran Niyam, 1977
that have the effect of criminalizing beggary in the state.
14. The Calcutta High Court has quashed an order passed by the Speaker of West Bengal Legislative Assembly
imposing a punishment on a person for allegedly violating privilege of the house by making statements against
the Speaker. The High Court found that the decision was taken in violation of principles of natural justice, as no
right of cross-examination was given to the person in the proceedings. The Court said that the decision of the
House is open to judicial review on the limited grounds such as violation of principles of natural justice.

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