Legal Updates – June 2021

1. Vinod Dua vs. Union of India

In its judgment quashing sedition case against Journalist Vinod Dua, the Supreme Court rejected the plea
to direct the State Governments to constitute committees to conduct preliminary inquiry before FIRs are
registered against senior journalists.

That would amount to encroachment upon the field reserved for the legislature, the bench comprising
Justices UU Lalit and Vineet Saran observed.

The Court, however, clarified that that every Journalist will be entitled to protection in terms of
KedarNath Singh judgment. It added that every prosecution under Sections 124A and 505 of the IPC
must be in strict conformity with the scope and ambit of said Sections as explained in, and completely in
tune with the law laid down in KedarNath Singh.

Dua had prayed for a direction that henceforth FIRs against persons belonging to the media with at least
10 years standing be not registered unless cleared by a committee. He suggested that such committee
should be constituted by every State Government, the composition of which should comprise of the Chief
Justice of the High Court or a Judge designated by him, the leader of the Opposition and the Home
Minister of the State.

2. CBSE Byelaws Existing On Date Of Results Declaration Will Apply For Certificate Correction
: Supreme Court

The Supreme Court has clarified that the byelaws of the Central Board of Secondary Education(CBSE)
which exist as on the date of declaration of result will apply to an application seeking changes or
corrections in the mark certificates.

A bench comprising Justices AM Khanwilkar, BR Gavai and Krishna Murari settled this position while
deciding a batch of petitions challenging the CBSE byelaws on certificate corrections.

The byelaws which exist as on the date of application for correction or changes will be irrelevant for
consideration of changes or corrections in the certificates.
 Legal Updates – June 2021
The Supreme Court noted that there was a conflict of opinion amongst the High Courts as regards the
point of time which would determine the applicability of Byelaws. The CBSE has amended the byelaws
from time-to-time to modify the period of limitation within which the application should be made.

3. Supreme Court Seeks Comparison Between Indian & International Prices Of COVID Vaccines

Noting that the Centre had financed and facilitated the production of vaccines through concessions or
otherwise, the Supreme Court sought clarification on whether it would be accurate to state that private
entities had alone borne the risk and cost of manufacture.

It noted that as Emergency Use Authorisation had been granted by the Centre to the manufacturers
thereby minimizing their risk, it should have factored in the pricing.

A Bench of Justices DY Chandrachud, L. Nageswara Rao and S. Ravindra Bhat, in their 31st May order
in the Suo Moto COVID case, stated that they commended the cooperative efforts of the Union of India
and the private manufacturers in developing and distributing vaccines which were critical to mitigate the
pandemic.

4. “Court May Pass Many Judgments, But Parliament Can Say We Would Not Accept Because It Is
Not In The Interest Of People”; AG KK Venugopal To SC In Tribunal Case

“If the Union of India losing a case can become the subject matter of legislation, that will become the
order of the day!”, the Supreme Court remarked on Thursday, asking how the government could have
"knocked down" the basis of its order by bringing in an ordinance.

The bench of Justices L. Nageswara Rao, Hemant Gupta and Ravindra Bhat was hearing the Madras Bar
Association's challenge to the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance
2021, by which the Centre is contended to have legislatively overruled the consistent stand of the
Supreme Court on how tribunals shall be constituted right from 2010.

The main points raised in the petition by the Madras Bar Association are: The Ordinance fixes a
minimum age limit of 50 years for appointment as Tribunal Members; it fixes their term as 4 years as
against the 5 required by the SC; it has re-introduced the idea of a panel of two names being
 Legal Updates – June 2021
recommended by the Search Cum Selection Committee (SCSC); it dilutes the SC direction by saying that
the Central Government should make appointments “preferably within 3 months”; etc.

5. Muslim League Moves Supreme Court Challenging Centre's Notification Allowing Minorities
Of Afghanistan, Pakistan & Bangladesh To Apply For Indian Citizenship.

Indian Union Muslim League (IUML) has moved the Apex Court challenging Centre's notification
making it possible for persons residing in certain districts who are belonging to minority communities in
Afghanistan, Bangladesh and Pakistan, to apply for Indian citizenship.

The Indian Union Muslim League has averred that in its plea challenging the Citizenship Amendment
Act, 2019, the Centre had earlier submitted that staying of the Amendment Act was not necessary since
the rules of the Amendment Act had not been framed.

IUML has also challenged Order 3A of the Foreigners Order 1948 and Rule 4(ha) of the Passport (Entry
into India) Rules, 1950 as void, for being in violation of Articles 14, 15 and 21 and the basic structure of
the Constitution for discriminating among persons on the basis of their faith and religion.

6. In Re Contagion of COVID Virus In Children Protection Homes

Supreme Court bench comprising of Justices L Nageswara Rao and Aniruddha Bose directed State
Governments and Union Territories to act against NGOs which are indulging in illegal adoption.

Expressing concerns about the illegal adoption of children orphaned by COVID-19, the bench ordered
thus:

“No adoption of affected children should be permitted contrary to the provisions of the JJ Act,
2015.Invitation to persons for adoption of orphans is contrary to law as no adoption of a child can be
permitted without the involvement of CARA. Stringent action shall be taken by the State
Governments/Union Territories against agencies/individuals who are responsible for indulging in this
illegal activity.”

“The State Governments/Union Territories are directed to prevent any NGO from collecting funds in the
names of the affected children by disclosing their identity and inviting interested persons to adopt them”,
the bench added.
 Legal Updates – June 2021

The order was passed in the suo moto case initiated by the court to deal with the problems of children
affected by COVID (In Re Contagion of COVID Virus In Children Protection Homes).

They directed State Governments and Union Territories to ensure that there is no break in the education
of children who have become orphan or lost one parent due to the COVID-19 pandemic.

“The State Government/Union Territories should ensure that there is no break in the education of
children who have become orphans or lost either one parent during the Pandemic”, the Court ordered.

The Supreme Court noted in the order that 30,071 children have become orphans or have lost one parent
or abandoned due to COVID19 as per data collected by NCPCR till June 6 (3,621 orphans, 26,176 have
lost one parent and 274 children have been abandoned).

7. Supreme Court Orders Protection To Couple Who Were Denied Relief By P&H HC Observing
‘Live-In Relation Is Socially & Morally Unacceptable’

Hearing an appeal against the final Judgment and order by Punjab & Haryana High Court which refused
to grant protection to the couple observing that the live-in-relationship, which is morally and socially not
acceptable and no protection order in the petition can be passed, the Supreme Court ordered Punjab
Police to Grant Protection to the Couple.

The Bench of Justice Navin Sinha and Justice Ajay Rastogi granted liberty to the petitioners' couple to
supplement their representations to the Superintendent of Police.

“Needless to state that since it concerns life and liberty, the Superintendent of Police is required to act
expeditiously in accordance with law, including the grant of any protection to the petitioners in view of
the apprehensions/ threats, uninfluenced by the observations of the High Court.” The Court ordered.

8. Supreme Court Adjourns Plea For Induction Of Foreign Medical Graduates In COVID Force
To June 15

The Supreme Court adjourned to June 15 the hearing of two petitions seeking the induction of Foreign
Medical Graduates in the healthcare workforce of the country to augment the ailing healthcare system.
 Legal Updates – June 2021
A vacation bench comprising Justice Indira Banerjee and Justice MR Shah could not take up the petition
today due to paucity of time. The cases are Association of MD Physicians and others vs Union of India
and Indian Foreign Medical Students(IFMS) Welfare MCI Gurukul Trust versus Union of India.

The Bench had however indicated that it was not inclined to grant exemption from taking exams. The
observation was made with reference to the relief of a one-time exemption being sought be petitioner
associations for their members, and for all other FMGs eligible to take the FMG Examination, from
taking such exam, and to be inducted into the COVID-19 workforce in order to augment the health
infrastructure of the country.

9. Enrica Lexie Case: Italy Deposits Rs 10 Crores Compensation; Supreme Court Reserves
Orders On Quashing Criminal Proceedings Against Italian Marines

Taking note of the deposit of Rupees 10 crores compensation made by the Republic of Italy, the Supreme
Court this week reserved orders on the application field by the Central Government to quash the criminal
proceedings pending in India against two Italian Marines -MassimilanoLatorre and Salvatore Girone -
with respect to the 2012 sea-firing incident near Kerala coast which killed two Indian fishermen.

A division Bench of Justice Indira Banerjee and Justice MR Shah was hearing the application filed by the
Centre seeking to close the criminal cases against the two Italian Marines in India, after accepting the
compensation of Rupees 10 crores offered by Italy to the victims of the 2012 sea-firing incident at
international waters off Kerala coast.

10. Centre And State Finances Under Severe Strain, Beyond States' Fiscal Ability To Pay Ex-
Gratia To All Covid Victims: Centre Tells Supreme Court.

The Union of India has told the Supreme Court that payment of ex-gratia compensation to all deceased
persons due to COVID-19, is beyond the fiscal affordability of the Governments, as the finances of State
Governments and the Central Government are under severe strain, due to the reduction in tax revenues
and increase in health expenses on account of the pandemic.

“It is an unfortunate but important fact that the resources of the Governments have limits and any
additional burden through ex-gratia will reduce the funds available for other health and welfare
schemes.” Centre has said.
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The submissions have been made by the Ministry of Home Affairs through an affidavit filed in the pleas
filed before Supreme Court seeking ex gratia monetary compensation of Rs. 4 lacs or notified ex gratia
monetary compensation to the families of deceased who have succumbed to the pandemic of COVID-19.

11. Social Activist MedhaPatkar Moves SC Seeking Uniform Policy For Release Of Prisoners Aged
70 And Above For Decongestion Of Prisons

Social activist MedhaPatkar has approached the Supreme Court for directions to States/Union
Territories/High-Powered Committees (HPC) to formulate a uniform mechanism in order to decongest
prisons across India, with respect to the release of prisoners aged above 70.

The plea filed through Advocate Vipin Nair submits that the World Health Organisation has declared that
COVID-19 causes higher mortality amongst older persons, particularly in persons with underlying
medical conditions, such as cardiovascular disease, chronic respiratory disease, diabetes, and cancer.
Consequently, it is stated, that the Ministry of Health has also issued a Health Advisory for Elderly
people, highlighting ways to reduce mortality rates amongst prisoners.

While the HPCs were constituted, the petition contends that “as most of the categorization of prisoners
are based on social conditions and are based on factors of administrative convenience, the HPCs have
not taken into account the categorization of prisoners on the basis of their susceptibility to the infection
and their need to be released on an urgent basis. The most susceptible ones here are the aged/elderly
prisoners who have a higher chance of getting infected (specifically septuagenarian prisoners, i.e. above
70 years).”

12. Persons With Disabilities Have Right To Reservation In Promotions : Supreme Court

The Supreme Court this week held that persons with physical disabilities have right to reservation in
promotions also.

A 2-judge bench comprising Justices Sanjay KishanKaul and R Subhash Reddy held so dismissing an
appeal filed by the State of Kerala against a judgment of the Kerala High Court(State of Kerala vs
Leesamma Joseph).
 Legal Updates – June 2021
The Supreme Court said that the High Court judgment was "salutary" and did not require any
interference.

Further, the Supreme Court directed the Kerala Government to implement reservation in promotion for
disabled within 3 months.

13. CA Exams -No RTPCR Needed For Opt-Out; Student Can Opt-Out For COVID Related
Difficulties Of Oneself Or Family Members : Supreme Court

The Supreme Court this week directed the Institute of Chartered Accountants of India(ICAI) to give "opt-
out" option to a candidate in the CA exams, scheduled to start from July 5, on account of COVID-related
difficulties for herself or her family members, on the basis of a medical certificate issued by a registered
medical practitioner.

The Court also did away with the ICAI's requirement of producing RT-PCR certificate for seeking "opt-
out" option.

"We make it clear that the the candidate need not produce RTPCR report if medical certificate issued by
registered medical practitioners for his family members is produced along with request for opting out",
the Court said in its order.

Further, the Court disapproved the ICAI's policy of not giving "opt-out" option if the last minute change
of exam centre is within the same city. The Court said that "opt-out" option should be given even if the
change of exam centre is within the city.

14. Detained For FB Post Criticizing Cow Dung Cure For COVID' : Habeas Plea In Supreme
Court Against Detention Of Manipur Activist Under National Security Act

Seeking the release of Manipur based political activist LeichobamErendro, who was detained under the
stringent National Security Act over a Facebook post that cow dung or cow urine will not cure COVID, a
habeas corpus petition has been filed in the Supreme Court.

The petition has been moved by Erendro's father L. Raghumani Singh through Advocate ShadanFarasat.
 Legal Updates – June 2021
Erendro was initially arrested on 13.05.2021 for his Facebook post of 13.05.2021 where he had stated
that: "The cure for Corona is Not cow dung & cow urine. The cure is science & common sense Professor
ji RIP". The statement was made in the context of the death of the President of the Manipur BJP,
Prof.Tikendra Singh, was meant as a criticism of the BJP politicians who had been advocating cow-urine
and cow-dung as cures for COVID-19. Enraged by the Facebook post, few local BJP leaders filed
complaint, leading to his arrest.

15. Supreme Court Refuses To Stay NLSIU's 25% Reservation For Karnataka Students In 2021-22
Admissions

The Supreme Court this week issued notice in a plea filed seeking directions to the Medical Counselling
Committee (MCC) to release the counselling date for NEET-MDS 2021 at the earliest and not later than
three weeks in any event.

A Division Bench of Justice DY Chandrachud and Justice MR Shah issued the following order:

“Mr Vikas Singh, Senior Counsel appearing for the petitioners submits that the petitioners appeared for
MDS- NEET 2021 examination conducted on Dec 16th 2020 by National Board of Examination whose
results were declared on Dec 31st 2020. However there's no update to student candidates on counselling
until date, as a result of which valuable months in the lives and careers of students are being wasted.
Issue notice. Returnable in 2 weeks.”