Prolawctor Daily Legal News Update | 31 August 2020

Daily Legal News Update

  • Justice Arun Mishra is all set to retire on 2nd September, 2020.

Justice Arun Mishra, who is due to retire on September 2, has turned down farewell invitations by Supreme Court Bar Association (SCBA) and Confederation of Indian Bar citing COVID-19 pandemic.

Justice Mishra in his letter to both the SCBA and the CIB has stated that he considers Bar as “the mother of judiciary” and that it would have been a pleasure to attend the farewell functions.

However, “taking into account the severe situation and suffering of the world due to COVID-19 pandemic”, Justice Mishra has said that his conscience would not allow him to be a part of the function.

Justice Mishra has added that he would visit the Bar once the situation normalizes and pay his respects.

  • ‘Bad Boy Billionaires’ Trailer taken off Site after Subrata Roy obtains the Court Order

Bad Boy Billionaires, a forthcoming series on Netflix set for release on September 2, has run into a legal wall with a local court in Bihar ordering an interim stay on its broadcasting by using the name of well-known businessman Subrata Roy.

The court has given the stay order on August 28 till Netflix’s counsel appears before the court. Netflix is reportedly planning to approach the Supreme Court early next week to get the stay vacated.

  • Supreme Court set to pronounce quantum of sentence in Prashant Bhushan contempt case today

The Supreme Court is scheduled to pronounce today its verdict on the quantum of sentence to be awarded to activist-lawyer Prashant Bhushan, convicted for contempt of court over his two tweets against the judiciary.

A bench headed by Justice Arun Mishra will pronounce its verdict against Bhushan, who faces simple imprisonment of up to six months or with a fine of up to Rs 2,000 or with both as punishment under Contempt of Court Act.

On 25 August, the top court was urged by senior advocate Rajeev Dhavan to show “judicial statesmanship” and not make Bhushan a “martyr” by punishing him for contempt over his tweets criticising the judiciary, after the activist-lawyer rejected fresh suggestions from the court for an apology.

  • The Delhi High Court today refused to lift its stay on Sudarshan TV’s broadcast on Muslim “infiltration” in government services.

Sudarshan TV moved the High Court for vacation of stay after the Hon’ble Supreme Court order refusing to grant any such relief against the broadcast.

In follow up to the Supreme Court order, the Court opined that the power to decide whether the broadcast was permissible lied with the competent authority under the Central Government.

It, accordingly, directed Sudarshan TV to reply to the Central Government’s notice by September 1 and granted 48 hours to the authority to decide the issue after giving an opportunity to Sudarshan TV and its Editor-in-Chief, Suresh Chavhanke to present their case.

However, opining that prima facie, the broadcast was in violation of the Cable Television Networks (Regulation) Act, the Court refused to vacate the stay and directed Sudarshan TV to not air the broadcast till then.

  • Plea in Supreme Court for re-opening religious places across the country to “ensure the spiritual happiness of citizens”.

The petitioner is a Public Trust seeking the re-opening of religious places in the country across all faiths in order to uphold the fundamental rights of the citizens, particularly of the devotees.

The “pious objective” of the Trust is to “to protect the fundamental rights enshrined and guaranteed under the Articles 14, 19(1)(a) and (b), 25, 26 and 21”, states the plea.

The plea pertains to all religious institutions, including Temples, Mosques, Gurudwaras and Churches in the country. Most of these institutions have remained either closed or have allowed limited and restricted access to the public in conformity with the guidelines laid down by the Centre under the Disaster Management Act and enforced by various State governments.

  • Madras HC to partially resume physical Court hearings from September 7

Following a meeting of the Administrative Committee of the Madras High Court earlier this week, it has been decided that some Benches of the Madras High Court will resume physical court hearings from September 7. Other Benches would continue hearing matters virtually.

The notification issued by the High Court on Saturday states that six Benches of the Principal Madras Bench and two Benches at the Madurai Bench will conduct physical hearings from September 7.

In order avoid overcrowding in courts and minimise the risk of COVID-19 spread, the physical Bench sittings at the princpal Bench will be split into pre and post lunch sessions.

  • Unlock 4.0 guidelines: More thing are now open amid rising cases.

New guidelines of Unlock 4.0 were released on Saturday by the government. The MHA order allows certain phased re-opening of activities in the fourth round of unlock, it has continued to extend lockdown in containment zones till September 30.

  • What is allowed in Unlock 4?
    • Metro rail will be allowed to operate from September 7 in a graded manner.
    • No restrictions on inter-state and intra-state movement of people and goods.
    • No separate permission or e-permits will be required.
    • Social/academic/sports/entertainment/cultural/religious/ political functions & other congregations will be permitted with a ceiling of 100 persons, from 21 September.
    • Open air theatres will be permitted to open with effect from September 21
    • From September 21, outside containment zones, States/ UTs may permit upto 50 per cent of teaching and non-teaching staff to be called to the schools at a time for online teaching/ tele- counselling and related work.
    • Only essential services will be allowed in containment zones.
    • Lockdown will continue in the containment zones till September 30.
  • What remains closed in Unlock 4?
    • Schools, colleges, educational and coaching institutions will continue to remain closed for students.
    • Cinema halls, swimming pools, entertainment parks, theatres will continue to remain closed.
    • International air travel, except as permitted by MHA, to remain suspended.
    • Persons above 65 years of age, persons with co-morbidities, pregnant women, and children below the age of 10 years, are advised to stay at home, except for meeting essential requirements and for health purposes.
  • Covid19 Update:

As India created a global record yesterday with the highest single-day rise of nearly 79,000 Covid-19 cases, in some respite, the country also recorded the last 5 lakh recoveries in just eight days in comparison to preceding 5 lakh recoveries which were recorded in 10 and 9 days.

India yesterday set a record when it reported 78,761 new infections in 24 hours — the world’s highest single-day rise — even as it continued to open up the economy. Home to 1.3 billion people, India is already the world’s third-most infected nation with more than 3.5 million cases, behind the US and Brazil. It has also reported more than 63,000 deaths, according to the official health ministry toll.

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