Week Ahead: 10th – 14th September, 2018

What lies ahead this week in the Supreme Court?

Arrested Activists – On Wednesday the 12th, the Court will continue examining whether it can look into the Maharashtra Police’s arrest of five human rights activists. Problematically, the persons who filed the public interest litigation are not related to the human rights activists. In the previous hearing, Mr. Tushar Mehta appearing for the Union questioned whether the petitioners had the legal grounds to file a case for the activists.

 

Cow Vigilantism –  On Thursday the 13th, a three-judge Bench headed by CJI Dipak Misra is going to review compliance reports regarding steps to curb mob vigilantism, submitted by all States and Union Territories. The Bench was expecting to review the reports in the last hearing, 7th September. However, only a total of eleven reports were submitted. CJI Misra made it clear that he expects all reports to be submitted prior to the next hearing and that the Bench will grant no further adjournments.

 

Justice Ranjan Gogoi

Justice Gogoi will, assuming no last-minute opposition from the Centre, take over as Chief Justice of India in October. So what important cases is he currently hearing? One is the illegal telephone exchange case, where former Minster Dayanidhi Maran stands accused of setting up a private telephone exchange in his home. Another, is the appeal filed by the Central Bureau of Investigation against the acquittal of Arushi Talwar’s parents.

 

Predictions

The Court is expected to announce judgements on some very important cases shortly. We predict that one or two of these judgements could come up this week.

Sabarimala Temple Entry – Remind yourself of what is at stake in the polarising Sabarimala Temple Entry case. The Court will decide how to balance the fundamental rights of women against those of the temple and its worshippers.

 

Decriminalisation of Adultery – The Court will decide if Section 497 of the Indian Penal Code ought to be struck down. Fundamentally this case is about whether Section 497 prescribes excessive penal provisions for extra-marital affairs.Cow Vigilantism – A three-judge Bench headed by CJI Dipak Misra is going to review compliance reports regarding steps to curb mob vigilantism, submitted by all States and Union Territories. The Bench was expecting to review the reports in the last hearing, 7thSeptember. However, only a total of eleven reports have come in. CJI Misra made it clear that all the reports have to be submitted prior to the next hearing and that the Bench will grant no further adjournments.