Observer Desk

Posted on 20.10.17 by

Supreme Court Winter Session 2017 (3rd Oct -16th Dec)

The Supreme Court’s winter session 2017 commenced on 3rd October and will end on 16th December. The court is closed for the festive season from 15th to 22rd October and we at SCObserver have used this pause in proceedings to reflect on the session so far and also map out the upcoming cases. The session opened with Karnataka… Read More

Posted on 13.10.17 by

Judicial Relevance of Parliamentary Report: Day 1 Arguments

On 12.10.2017, hearings in Kalpana Mehta v UOI commenced before the 5 Judge Constitutional Bench comprising of the Chief Justice Dipak Misra , Justices A.K.  Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan. Senior Advocate Harish Salve representing the respondents began by taking the Court through the Reference Order, and reading the relevant portions. Mr. Salve’s submissions rested on the following two principles…. Read More

Posted on 11.10.17 by

Euthanasia, Living Wills & the Right to Die: Day 2 Arguments

On 11.10.2017, arguments continued before the 5 judgde bench in Common Cause v UOI on whether a ‘living will’ (advanced directive) can be given legal recognition. Additional Solicitor General (ASG) of India, Mr. P.S. Narasimha argued that a living will may have severe repercussions as it can be misused. Further, he argued that if later a… Read More

Posted on 11.10.17 by

Child Marriage and Marital Rape Verdict: Marital Rape Exception in IPC not to apply where wife below 18.

A 2 Judge Bench of the Supreme Court delivering its verdict in Independent Thought vs. Union of India, on 11.10.2017 has held that Exception 2 to Section 375 of the Indian Penal Code, the provision that defines the offence of rape, which states that “Sexual intercourse or sexual acts by a man with his own wife, the… Read More

Posted on 10.10.17 by

Euthanasia, Living Wills, & the Right to Die: Day 1 Arguments

On 10.10.2017, the first day of hearing in Common Cause vs. Union of India commenced before the 5 Judge Constitutional Bench comprising of the Chief Justice Dipak Misra , Justices A.K.  Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan.   Mr Prashant Bhushan, appearing for the petitioners, began by distinguishing between passive euthanasia, the subject matter of… Read More

Posted on 09.10.17 by

Hadiya Marriage Case: Day 4 Arguments

On 09.10.2017, the fourth day of hearing, Dushyant Dave appearing for the petitioner and Hadiya’s husband Shafin Jahan stated  before the court that the Kerala High Court in 5 of its previous orders has taken note of the fact that Hadiya has admitted that she embraced Islam of her own volition with a number of affidavits being filed… Read More

Posted on 05.10.17 by

Azam Khan Case: Freedom of Speech and Expression – Day 8 Arguments

On 05.10.2017 the Supreme Court heard arguments on the 8th day of the Azam Khan case regarding the right to freedom of speech and expression. Mr Salve and Mr Nariman argued that in India there was no legislation in the nature of a Civil Rights Act by which citizens might enforce fundamental rights against private parties. Article 19(2)… Read More

Posted on 05.10.17 by

Azam Khan Case: Freedom of Speech and Expression – Day 1 – 7 Arguments

On 29th July 2016, a young girl and her mother were allegedly gang-raped on National Highway 91, while passing through Bulandshahr, Uttar Pradesh. When the victim filed a complaint, Uttar Pradesh Minister Azam Khan made a statement terming it a ‘political conspiracy against the Uttar Pradesh Government’. The victims approached the Supreme Court and filed a writ petition… Read More

Posted on 03.10.17 by

Rohingya Deportation Case – Day 2 Arguments

In the Rohingya Deportation case the bench comprising of the Chief Justice Dipak Misra, Justice A .M. Khanwilkar and Justice D.Y. Chandrachud continued hearing the Writ Petition against the proposed deportation of Rohingya refugees.  The day commenced with Mr Tushar Mehta, Additional Solicitor General pointing out that the scope of judicial review and the justiciability of this Article 32 petition… Read More


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