Prolawctor Daily Legal Updates | 5 August, 2020

Daily Legal Updates | 5 August, 2020

  1. SSC WOMEN OFFICERS SERVING THE NAVY SHOULD NOT TO BE DISCHARGED FROM THEIR SERVICES SAYS THE SUPREME COURT BENCH DUE TO THE PENDENCY OF DELIBERATION UPON THEIR REQUESTS.

Considering the request made by the women SSC officers for a grant of permanent commission the Supreme Court bench consisting of Justices DY Chandrachud and KM Joseph ordered that SSC women officers shall not be terminated form the services until a date of decision or the outcome on the subject matter has been intimated by the Indian Navy. Thereby, safeguarding the “in-service” or the current status of the officers. The apex court in the judgement also called out the union of India for non-implementation of the guidelines issued by the court in its earlier judgement, in which the bench held that women who are currently serving as the Short Service Commission Officers for the Indian Navy, are equally eligible as their male colleagues for a permanent commission.

  1. THE APEX COURT TOOK UP A PLEA CONTENDING THE RECENTLY RELEASED NOTIFICATION BY THE GUJARAT LABOUR AND EMPLOYMENT DEPARTMENT EXTEND THE WORKING HOURS WITHOUT ANY INCREMENT IN THE PAY UNDER THE FACTORIES ACT.

The bench consisting of Justices DY Chandrachud and KM Joseph, proceeded with the plea filed by the a registered trade union, “Gujarat Mazdoor Sabha” challenging the notification passed by the Gujrat Government which sanctions an extension in the working hours without any increment in the pay. The petitioners challenge the notification on the grounds that it’s “blatantly against section 59 of the factories act” which provides for an increment in the pay by doubling the actual amount payable after completion of 9 hours of work per day. However, the notification violates these provisions as the workers will have to work overtime without any compensation.

  1. DATE EXTENDED FOR THE FILLING OF VACANT SEATS IN TELANGANA PRIVATE MEDICAL AND DENTAL COLLEGES.

The Supreme Court extended the date of filling vacant PG seats at Telangana private medical and dental colleges till August 31. In the plea, the petitioners stated that the vacant seats in the course have been inclined as a result there is a shortage of doctors in the hospitals. The Supreme Court stated that due to the COVID 19 both the competent and management quota seats are lying vacant so it felt reasonable to extend the date of filling vacant seats for this year only. As a result more number of eligible doctors will be available in this pandemic
situation.

  1. BRUTALITY OF POLICE TOWARDS THE STUDENTS OF JAMIA:

The police had erected barricades at the exit point of the university to stop the students (protesters) of Jamia Milia Islamia from marching ahead to protests against the Citizenship Amendment Act .
And when the students rushed towards the university gates, the police did baton charge over the students which is told to be misappropriate by Jaising.
Around 60 students, dozens of policemen and many journalists suffered injuries. As many as 30 people were admitted to the nearby Holy Family Hospital following the clashes. 

  1. POLICE CANNOT BE A JUDGE IN THIER OWN CAUSE:

Senior Advocate Salman Khurshid, appearing for another petitioner, sought for an independent probe in the matter, saying “police cannot be a judge in their own cause”. In response to the baton charge that the Delhi Police had used disproportionate force against students of Jamia inside the campus, its report merely describes the beating of students is a mark of brutality of the police.

  1. LAST MONTH IN ALLAHABAD HC AMID COVID-19, MORE THAN 4,600 CASES WERE E FILED WITH 1,793 CASES DISPOSED OF IN A VIRTUAL FUNCTIONING.

In the wake of the COVID-19 pandemic, the Allahabad High Court reported a substantial increase in the number of instances imposed and disposed of by electronic or virtual means. According to an Allahabad High Court press release, more than 2 800 Allahabad Bench cases were brought in July 2020, with 1,785 cases moved by means of e-filing at the Lucknow Bench. Last month’s virtual hearings also excluded 806 cases from the Allahabad Bench and 987 cases from the Lockdown Bench. The announcement of the High Court states that these numbers are higher than last July.

E-filing: In July 2020, almost 2,832 cases were instituted / filed at Allahabad and 1,785 cases at Lucknow Bench via e-filing medium. In July 2019, the numbers for the Allahabad and Lucknow Benches were 100 and 36, respectively.

Virtual case disposal: At Allahabad and Lucknow Court, respectively, 806 and 987 cases were disposed of by videoconferencing. For the month of July 2019 the corresponding figure for the last year is 61 and 28.

Physical filing and disposal: 7,703 cases and 2,292 cases were instituted in Allahabad and Lucknow Bench, by physical filing last month respectively. 5,237 cases and 1,440 cases were disposed of at the Allahabad and Lucknow Benches physical trials, respectively.

Physical reporting and disposition data for the month of July 2019 stood at 28,220 reported cases and 30,130 disposed cases.

  1. Update on the DU Open Book Examination

The Delhi University following the UGC guidelines of conducting examination for the final year students before the 30 th of September, has opted for an online open book format of examination. The same has been challenged by the students of DU, and this plea was finally addressed by the Delhi High Court. The main petition for the same is Anupam & Ors v. University of Delhi while other issues are stated in other petitions’ including Mandeep Singh & Ors v. University of Delhi and Akshay Lakra v. University of Delhi. It is important to note that under the petition by advocate Akash Sinha these UGC guidelines for final year examination before the 3oth of September has also been challenged in the Supreme Court.
The students raise issue with the OBE for open book examination stating there was no real application of mind to formulate such a curriculum.

  1. STATE GOVERNMENTS OBLIGATED TO TAKE CARE OF SENIOR CITIZENS DURING THE PRESENT GLOBAL PANDEMIC.

The Supreme Court, Bench of Justices Ashok Bhushan and R Subhash Reddy have issued a judgement establishing the duty and the responsibility of the government towards the senior citizens in residence alone. Every state government shall take care of the needs of goods and services of senior citizens who live alone to keep them safe from this prominent pandemic. Further the court had instructed the governments to ensure that the senior citizens receive their old age pensions timely. Further, the state government are instructed to ensure active response to senior citizens’ requests.
Lastly the court has instructed to make sure as to the safety measures are being rightfully met in old age homes, and to make sure that these old age homes are well stocked with PPE and the masks.

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