Monthly Review: December 2024

With the capital under a dense blanket of pollution coupled with chilly winter winds, the Supreme Court moved along a steady clip before it broke for the Winter Vacation. We bring you a roundup of everything that happened in December 2024. 

The month saw an increase in pendency by over 600 cases and a drop in disposal rate. It also saw the elevation of Justice Manmohan, former Chief Justice of the Delhi High Court, to the Supreme Court. The Court also continued to monitor the air pollution crisis in the National Capital Region (NCR). It passed a slew of important orders, including a stay on the registration of suits demanding surveys of places of worship and a direction in the Manipur violence case. It also heard a plea seeking cancellation of the bail granted to DMK leader and Tamil Nadu legislative assembly member V. Senthil Balaji.

Contempt warnings in the air

On 5 December, a bench of Justices A.S. Oka and A.G. Masih permitted the Commission for Air Quality Management (CAQM) to take a call on reducing Stage IV restrictions of the Graded Response Action Plan (GRAP). These measures are put in place after the Air Quality Index (AQI) crosses the 400 mark. However, Stage IV was shortly reinstated after over a week. It also addressed the issue of pending dues for daily-wage workers due to the stoppage of construction activities as part of the Stage IV measures. Justice Oka warned the Delhi Chief Secretary of contempt proceedings if the dues were not cleared without delay.

On 12 December 2024, the Court shifted its focus towards long-term solutions for improving the AQI. These included curbing vehicular emissions, preventing garbage fires, and improving industrial and solid waste management. Until then, the Court was looking into temporary measures to reduce the pollution in the Delhi-NCR. 

Four days later, on 16 December, the Supreme Court issued another contempt warning to the Delhi government if it failed to submit data on compliance with the Solid Waste Management (SWM) Rules, 2016. The bench also summoned the Chief Secretary of the NCR to explain the lack of progress on this front.

On 19 December, the Division Bench reprimanded the Delhi government and Municipal Corporation of Delhi for flouting the SWM Rules. It issued a further contempt warning if the rules were not complied with. The states of the NCR were directed to ensure timely payment of subsistence allowances to daily wage workers and establish monitoring teams to enforce GRAP measures, reporting directly to the CAQM.

The Court will continue reviewing the efficacy of these measures through January 2025. More recently, the Supreme Court noted the inconsistencies in rules for colour coded stickers on vehicles. The next hearing in the matter is scheduled for 15 January 2025.

Bailing out of trouble

On 20 December 2024, a bench of Justices Oka and Masih issued notice to the State of Tamil Nadu in a plea seeking to recall its judgement granting bail to Tamil Nadu minister V. Senthil Balaji. Balaji was accused of money laundering in an alleged cash-for-jobs scam. The plea was filed by one of the witnesses who claimed that the reinstatement of Balaji in the Tamil Nadu cabinet 48 hours after securing bail put him in a position to influence witnesses.

On 13 December, the Enforcement Directorate (ED) filed an affidavit claiming that Balaji’s reinstatement as a  Cabinet Minister could potentially influence witnesses. The affidavit accused Balaji of deliberately prolonging proceedings through adjournments, requests for cloned digital evidence, and changes in counsel. 

The Court set the matter for further hearing on 15 January.

The Manipur files

On 9 December 2024, a bench comprising Chief Justice Sanjiv Khanna and Justice P.V. Sanjay Kumar directed the Manipur government to provide details on properties destroyed, looted or encroached upon in Manipur. 586 days had passed since the ethnic conflict began between the Meitei and Kuki-zo communities in May 2023. The Court also sought an explanation from the government on steps to address these properties.

The bench also directed a Committee led by Justice Gita Mittal to put together a separate report to address the rehabilitative measures undertaken in Manipur The CJI also directed the Committee to submit three lists to the Court containing details of properties burnt down, looted and encroached upon. CJI Khanna provided the option to redact sensitive portions from the report for security reasons. The committee was formed in August 2023 when a bench led by CJI D.Y. Chandrachud was hearing the case.

Instances of violence continue to be reported from the state with the Union government noting that 258 deaths had occurred as of 22 November 2024.

Stop the surveys

On 12 December, a Special Bench of CJI Khanna and Justices Kumar and K.V. Viswanathan stayed the registration of suits seeking surveys of places of worship in India. The order came in petitions challenging the validity of the Places of Worship Act, 1991. The Act states that the religious character of a place of worship cannot be changed from its original character as of 15 August 1947.

The order came in the wake of fatal violence in Sambhal after a district court ordered a survey of the Shahi Jama Masjid, which petitioners purport was built on a centuries-old Harihar temple dedicated to Kalki. There are numerous other such live suits in North India, which claim that mosques and shrines were built after razing down Hindu temples.The bench directed that no orders shall be passed in any such pending suits. The stay will remain until the validity of the Act is determined.

The Union government was directed to file a counter-affidavit within four weeks, and nodal counsels were appointed for the petitioners and intervenors. The case will be next heard on 17 February 2025.

A task force for the white coat

On 10 December, a CJI Khanna-led bench received updates from the Central Bureau of Investigation (CBI) on the ongoing investigation of the rape and murder of a trainee doctor at R.G. Kar Medical College and Hospital. Senior Advocate Vrinda Grover, who formerly represented the parents of the victim, provided the details of the investigation which dealt with the aspects of assault and murder, suppression of evidence and financial irregularities at the hospital. The trial in the case is complete and the verdict is likely to be pronounced by the Trial Court in Sealdah on 18 January 2025.

The Court directed the governments of states and Union Territories and stakeholders to submit their feedback on a report prepared by a Court-appointed National Task Force (NTF). The NTF had been tasked to prepare guidelines for doctor safety. Senior Advocates Indira Jaising and Karuna Nundy suggested that an independent monitoring body should oversee the implementation of the NTF’s in West Bengal. The Court reiterated that all suggestions should be submitted to the NTF directly.

The matter will now be heard on 17 March 2025.

Justice Manmohan steps up

On 5 December 2024, Justice Manmohan assumed office as a sitting judge of the Supreme Court. This was the first Supreme Court recommendation passed by the Collegium led by CJI  Khanna. At the time of his elevation, Justice Manmohan ranked second in the all-India seniority list of High Court judges.  

The Collegium’s recommendation stated that Justice Manmohan’s appointment would increase the representation of the Delhi High Court in the Supreme Court. Before Justice Manmohan’s elevation, CJI Khanna whose parent High Court is Delhi.

Justice Manmohan will retire on 16 December 2027 after a three-year tenure.

Ajitesh is an intern at the Supreme Court Observer for the month of January 2025.