Important judgments in Sept 2021 Part 2 - Indian Judiciary

Table of Contents

Allahabad High Court

CORUM
Justice Shekhar Kumar Yadav
OBSERVATION

Observing that cow should be declared as national animal and cow protection should be kept as a fundamental right of Hindus. Denying accused bail, the Bench noted that the applicant had, after committing theft of the cow, had killed it, beheaded it and its meat was also kept along with it.

Chitra vs. District Collector and Chairman State Level Vigilance Committee

Supreme Court
CORUM
Justices L. Nageswara Rao and Aniruddha Bose
OBSERVATION

Repeated inquiries for verification of caste certificates would be detrimental to the members of Scheduled Castes and Scheduled Tribes, the Supreme Court observed.
The bench said that the purpose of verification of caste certificates by Scrutiny Committees is to avoid false and bogus claims and reopening of inquiry can be only in case they are vitiated by fraud or when they were issued without proper inquiry.

Marathi Prakashak Parishad v. Government of India & Ors

Bombay High Court
CORUM
Justices KK and PK Chavan

OBSERVATION

The Bombay High Court on Friday issued notice on a book publisher association’s plea to include the sale of books as an essential service under the Essential Service and Maintenance Act.
“Lockdown like situations increases mental health issues…In such times of crisis, people need something that will keep them going and positive to survive through it all. Books always provide great help to people living with anxiety. Considering both physical and mental health books are a great aide to the mind.”

Indulekha Sreejith v Union of India and Ors

Kerala High Court
CORUM
Justice P.B Suresh Kumar
OBSERVATION
Justice P.B Suresh Kumar while dismissing the petition seeking termination of a 31-week pregnancy remarked that the unborn has life from the stage it transforms into foetus, and that there is absolutely no reason to treat an unborn child differently from a born child.
The respondent, represented by Government Pleader Vinitha B. argued that in that case, the Medical report itself had recommended termination of pregnancy considering the complications involved in the pregnancy.
However, the Court found that the constitutional courts in the country had been permitting termination of pregnancies medically if the continuance of the pregnancy would involve a risk to the life of the pregnant woman or grave injury to her physical or mental health or there is a substantial risk that the child if born, would suffer from serious physical or mental abnormalities as to be seriously handicapped.
Similarly, it was observed that according to the Amendment Act of 2021, termination of pregnancy would be lawful even if it was carried out beyond 24 weeks if a Medical Board constituted in terms of the provisions of the Act diagnosed substantial foetal abnormalities.
Therefore, the Bench found that the relief sought by the petitioner could not be granted at this stage since the Medical Board had not reported substantial foetal abnormalities in her pregnancy.

Kush Kalra v. Union of India and others

Supreme Court
CORUM
Justices S. K. Kaul and M.M Sundresh
OBSERVATION
The Central Government told the Supreme Court that a decision has been taken to allow the induction of women into the armed forces through the National Defence Academy. The Centre however requested the Court to exempt the current year NDA admissions from women entry, citing the need to make infrastructural changes.
“We’ve been periodically nudging the authorities to do it themselves. We do believe they are best suited to evolve rules. Its not a happy situation for us. Armed forces are respected forces of this country. But on gender equality they have to do more”, Justice Kaul commented.

Gaurav s/o Sopan Narkhede v. State of Maharashtra

Bombay High Court
CORUM
Justice Bharati Dangre
OBSERVATION
Adjudicating upon an unfortunate case where a teen committed suicide due to sexual harassment by a close family member, the Bombay High Court observed that we, as a society, have failed to create an environment where primary caregivers can identify signs of abuse.
Justice Bharati Dangre rejected a man’s bail application for allegedly abetting his 17-year-old niece’s suicide. The teen reportedly jumped out of her high rise apartment’s balcony minutes after handing over her phone with objectionable messages to her mother.

Humanity, Salt Lake & Anr v. State of West Bengal

Calcutta High Court
CORUM
Acting Chief Justice Rajesh Bindal and Justice Arijit Banerjee
OBSERVATION
The Calcutta High Court on Monday quashed the allotment of a plot by the West Bengal Housing Infrastructure Development Corporation (HIDCO) to former cricketer and current BCCI President Sourav Ganguly for the purpose of establishing an educational institution.
“The country always stands by the sportspersons, especially who represent country in international events. It is also a fact that Sourav Ganguly has brought laurels for the country in cricket. But when it comes to law, our Constitutional Scheme is that all are equal and no one can claim to be exclusive, above the law and seek benefits from the State, especially when question arises for allotment of plots for commercial ventures.