Supreme Court after the summer break: 2024

Transcript

Hello everyone and welcome to SCO’s channel. I am Sai Spandana and today we’re here to recap the Supreme Court’s first week back after its seven-week summer vacation.

The first week saw a number of decisions including interim bail for Delhi CM Arvind Kejriwal, a review petition against Constitution Bench judgment from last year and significant Collegium activity. So let’s dive right in!                                                                                                                   

The top news from last week was the grant of interim bail for Delhi CM Arvind Kejriwal from his arrest by the Enforcement Directorate. Kejriwal was arrested for his alleged involvement in the Delhi Liquor Policy scam. A Division Bench led by Justice Sanjiv Khanna delivered the much awaited verdict in the case on 12th July 2024. The bench granted Kejriwal interim bail but referred the wider question on the legality of his arrest under the PMLA to a larger bench. But Kejriwal, however, was arrested by the Central Bureau of Investigation inconnection to the same issue last month. He continues to remain in prison for that. On 12th July, a trial court in Delhi extended the CBI’s custody of the CM until 25th July.                                                              

Before the Court broke for summer vacation, two judges, Justice Aniruddha Bose and Justice A.S. Bopanna retired. This brought the sitting strength of the Court to 32 judges. Upon return, the Collegium recommended Justice N. Kotiswar Singh of Manipur and Justice R. Mahadevan of Tamil Nadu to be elevated to the top court. The two new appointments will bring the Court to a full sanctioned strength of 34 judges. Justice Singh will also be the first Supreme Court judge from the state of Manipur.                                                                                                              

Other stories also made news during the Court’s first week back. On 8th July, the Court heard a batch of petitions in connection to a matter that has dominated the news cycle for a few weeks. The paper leak in the 2024 NEET UG exam. A bench led by Chief Justice Chandrachud observed that the leak was an undisputed fact. They directed the National Testing Agency to disclose material details so that the Court can decide whether arrest is warranted. 

On 10th July, five judges were scheduled to hear in chambers a review petition against the Supreme Court’s October 2023 judgment which denied the legal recognition of marriage for sexual minorities in India. Justice Khanna, who was part of this bench, recused. Now, it is up to the Chief Justice to reconstitute the bench.

Other than Kejriwal’s bail, the first week back also saw several division bench decisions. Here are five important ones.                                                                                                                      

The Chief’s court opened its first day back with a judgment that encouraged the dignified representation of persons with disabilities in visual media. The bench refused to interfere with the Censor board’s power to issue certificates,but they cautioned filmmakers from using ableist language and directed them to “check for accurate representation of a medical condition as much as possible.” The Court also urged filmmakers to represent persons with disabilities more sensitively and changed the narrative from one of limitation to one of “potential and agency.” 

The same day, Justices Abhay Oka and Ujjal Bhuyan delivered a judgment which recognises the fundamental right to privacy of an individual released on bail. The Bench held that an investigating agency could not impose arbitrary bail conditions. This included a direction that the accused must share their live location at all times.

On 10th July, a bench comprising Justices B.V. Nagarathna and A.G. Masih made headlines with two progressive family law verdicts. In the first case, the judge held that divorced muslim women were entitled to maintenance, both under Section 125 of the Code of Criminal Procedure along with the legal entitlement under the Muslim Women Protection Act. In a different judgment on the same day, the same bench observed that husbands must financially empower their homemaker wives. 

On Wednesday, a bench led byJustice B.R. Gavai began the day with a judgment that Justice Gavai remarked raised serious questions concerning the “wider ramifications of federalism.” The bench maintained the West Bengal Government’s original suit, alleging that the Central Bureau of Investigation has been filing FIRs in the state without jurisdiction. Under the scheme of the Delhi Special Police Establishment Act, Central agencies like the CBI and the Enforcement Directorate need the state government’s consent before investigating crimes in their territories. West Bengal’s suit alleges that the CBI has been filing complaints despite the state’s withdrawal of general consent. The case is listed to be heard on merits in August 2024. 

So far, at least 10 states, including Tamil Nadu, Telangana and Kerala, have withdrawn consent under the DSPE Act. The rest of the term promises to be a busy one on both the legal and administrative fronts. 

Justice Hima Kohli will retire in September. Later this year, Chief Justice D.Y. Chandrachud will also retire after completing a two year term as Chief Justice of India. The last time a Chief Justice has had a two year tenure was back in 2012. Before the Chief retires, at least seven Constitution Bench judgements with wide ramifications are expected to be delivered by the Court and we will be sure to track all of them.

During the Court’s seven-week breakout, the bustling newsroom also took a minute to reflect on the term that went by. Be sure to read our Summer Session Review here. We also launched a special series to commemorate 75 years of the Supreme Court of India. If you haven’t already, please check out our page here.With everything that’s on the court’s anvil, the pace of hearings and judgments is unlikely to slow down in the coming term. 

For developments in key happenings of the year and more stories from the Supreme Court, do visit SCObserver.in. As always, follow us on all our social media platforms for regular updates.Thank you for watching!