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ILNS: The Supreme Court will hold a special sitting on Saturday to hear a petition regarding arrangements made by the Uttar Pradesh Government on social distancing and Covid-19 protection protocol during the counting of votes for the Panchayat elections which were held on April 29 in various villages. The counting of votes is scheduled for May 2. The division bench of Justice A.M. Khanwilkar and Justice Hrishikesh Roy issued notice to the State Election Commission (SEC) and the State of Uttar Pradesh and sought their response to the plea. In the petition filed by Sachin Yadav through Advocate Mohd Shaz Khan and Advocate-on-Record Talha Abdul Rahman, it has been contended that no Covid-19 protocols are being followed during the elections. The petitioners referred to a report published on April 15 by medical journal Lancet, which revealed that there was strong evidence that SARS-CoV-2 was spreading by airborne transmission. The petitioners also referred to an order of the Allahabad

ILNS: The Punjab and Haryana High Court has lauded the role of social media in reaching out to the citizens, who are in urgent need of help. A single-judge bench of Justice Arvind Singh Sangwan while hearing a petition filed by Amit Ghai seeking anticipatory bail, passed the following order. “It is a universally accepted fact that Press (including Print and Electronic media) has now become the fourth pillar of democracy, which can change the mindset of the citizens regarding hate crime in the society. Even in the present Covid-19 pandemic situation, this fourth pillar has done an exceptionally commendable job in extending help to both Government, as well as needy citizens.” “Not only this, even social media is doing a great job in reaching out to the citizens, who are in urgent need of help and all the citizens, whether known or unknown, are extending help to each other”, the Court observed. An FIR was registered on April 2, 2021 against Nishant Sharma, President of Shiv Sena Hind

ILNS: The Supreme Court on Friday dismissed the appeal filed by the Enforcement Directorate challenging the order passed by the Punjab and Haryana High Court which had set aside the provisional attachment of property order passed by the Appellate Tribunal for SAFEMA, FEMA, NDPS, PMLA & PBPT Act, New Delhi.  A three-judge bench of Justice U.U. Lalit, Justice Indira Banerjee, and Justice K.M. Joseph upheld the stay granted by the Punjab and Haryana High court for provisional attachment of properties owned by the three accused under the SAFEMA, FEMA, NDPS, PMLA & PBPT Acts. The ED appealed that it was successful in getting the provisional attachment order against the properties of the Respondents, Seema Garg, Saiyrah@Deepika Garg, and Sangeeta Garg saying that these were from the proceeds of crime. The same was challenged by the property holders before the High Court and High Court which had allowed the appeal and set aside the provisional order of property attachment. Hence, E

ILNS: A petition was filed in the Supreme Court on Friday stating, “As governments are preparing to roll out vaccines, criminal organizations are planning to infiltrate or disrupt supply chains. Jürgen Stock, INTERPOL Secretary General LYON, France, had also issued a global alert to law enforcement agencies across its 194 member countries, in December 2020, warning them to prepare for organized crime networks targeting Covid-19 vaccines, both physically and online,” the petition said. A bench comprising Justice D.Y. Chandrachud, Justice L. Nageswara Rao and Justice Ravindra Bhat while hearing a petition filed by Vishal Tiwari seeking direction to the Centre to issue strict guidelines and regulations under the Disaster Management Act or under any other law to prevent the chances of fake and counterfeit coronavirus vaccine, said, “We do not want to create new committees, but only wants to supplant the current structure of the country.” The petition urged the Court to constitute a High

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After days of wandering and thousands of deaths, the Centre today finally presented a blueprint, in what looked like a plan on how to acquire and transport oxygen to the regions of the country that need it most, from regions which were surplus. The plan also included setting up of manufacturing units, import and also of converting cylinders used for other gases to oxygen cylinders. Susmita Deora, from the Ministry of Health, showed the Supreme Court Bench led by Justice D.Y. Chandrachud, a Powerpoint presentation on medical oxygen-related issues for COVID management. She said, “The presentation shows statistical data on production and supply status of Liquid Medical Oxygen (LMO). There is enhanced production of oxygen in the country from about 6,000 MTs per day in August, 2020 to about 9,000 MTs per day, as on date. New oxygen plants were commissioned in Modinagar (Inox) and Pune (Air liquide). High concentration of Oxygen sources exist in steel plants on the eastern side, with subs

ILNS: The Solicitor General of India on Friday complained to the Supreme Court that several high courts of the country were blaming the Centre for the complete mess the country was in now because of the alleged utter mishandling of the coronavirus pandemic and the incredible number of deaths. SG Tushar Mehta told the bench led by Justice Chandrachud: “There is a common concern, that various high courts are blaming the Central Government. Therefore I am requesting this court as the karta of this HUF (Hindu Undivided family) that it should stop the high courts from passing derogatory comments on governments.” The bench took a sympathetic view of the complaint and Justice Chandrachud said: “We are independent. That’s why people trust us. Whatever we say becomes news. Therefore, I request that high courts should restrain themselves from indulging in unnecessary comments.” Justice Ravindra Bhat said: “When we took this suo motu cognizance, some people in bar attacked us. But the high co

By Dr KK Aggarwal Citizens of Delhi are going through a hellish existence in the wake of Covid-19. Many are dying due to deficient oxygen supply and insufficient number of medicines, hospital beds and medical devices like SPO2. People are not able to get even a basic medicine like paracetamol. What can be worse for human life than having to purchase oxygen just to breathe? The pandemic is now raging with greater intensity than in 2020. The number of Covid-19 positive patients has exceeded 25,000 in the National Captial Territory of Delhi. As of April 2, 2021, the country reported an all-time high of 3,38,611 lakh cases, with the current doubling rate being prevalent in the last two weeks. It is observed that the test positivity rates (TPR) are rising continually, with around 1/3rd of all districts in the country having a positivity rate of more than 35 percent. TPR was more than 13 percent on April 15, 2021. According to medical estimates, around 15-20 percent of these patients coul

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By Prof Upendra Baxi Covid-19 does not know the concept of equality, nor its opposites, “arbitrariness” and “cruelty”. It has no use for doctrines of separation of powers or rule of law or the basic structure of the Constitution. It moves about in complete post-sovereign impunity, striking death, distress, disease and devastation in bodies that it infects and souls that survive. It mocks cruelly both conspiracy and regulation theories. And as it continues to its unpredictable future frameworks of bio-terror, individuals and groups have to function both through the “optimism of will, and pessimism of the intellect” (to borrow the thesis of Italian Marxist philosopher Antonio Gramsci). The Indian Constitution, like all others, is not designed to cope with bio-terror of a runaway global substance causing a pandemic. But it is the only flexible instrument of political and social action and judicial review. A vast amount of discretion invested by law and policy in the executive does not a

A few days after Delhi Lieutenant Governor Anil Baijal became the government of Delhi following the promulgation of the amended GNCTD Act, the L-G has tested positive for Covid-19. Baijal took to Twitter to inform that he will continue to work and monitor the situation in Delhi while being isolated at his residence. I have tested positive for COVID with mild symptoms. Have isolated myself since the onset of symptoms and all those who were in contact with me have been tested. Will continue to function and monitor the situation in Delhi from my residence,” he tweeted. I have tested positive for COVID with mild symptoms. Have isolated myself since the onset of symptoms and all those who were in contact with me have been tested. Will continue to function and monitor the situation in Delhi from my residence. — LG Delhi (@LtGovDelhi) April 30, 2021 The L-G, along with his wife, had administered the first dose of Covid-19 vaccine at the Tirath Ram Shah Hospital in Delhi last month

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The Supreme Court on Friday said the Centre should give out more details on Covid-19 preparedness vis-a-vis oxygen supply and why different prices for vaccines procured by the Centre and state government among other issues related to the Covid crisis and the collapse of healthcare infrastructure in many cities. The bench was hearing a plea in court, alleging that hospitals in Noida and Gurugram have made it mandatory to produce an Aadhaar card with a local Noida or Gurugram address, as the case may be, for being eligible to be admitted to the hospitals situated therein, the Supreme Court bench led by Dr Justice D.Y. Chandrachud delved into the larger issue of safeguarding the right of a citizen to receive medical treatment anywhere. Justice Chandrachud started by saying: “The way we propose to proceed is that, according to the National Plan filed by the Centre, we have identified some issue under various heads. The idea is to get an insight from various counsels and amicus on those i

The Nagpur Bench of Bombay High Court on April 29, registered a suo motu criminal case against black -marketing of the drug, Remdesivir used to treat COVID-19 patients. The case was registered based on a news paper report in daily Hitavada (CityLine) dated April 28, 2021 published a news of arrest of 32 persons including a Doctor for black marketing of Remdesivir Injections. The Division Bench of Justices Z.A. Haq and Amit B. Borkar  observed that the newspaper report notes that due to rise in demand of Remdesivir injections, many persons related to the hospitals are indulged in black marketing of life saving drug. The second wave of Covid-19 situations is worsening day-by-day in the country and also in the Vidarbha region. The situation appears to be worst in Nagpur District. “Due to the sudden surge of Covid-19 cases, neither the manufacturers of the medicines nor the authorities entrusted with the work of distribution of medicines were prepared for such situation resulting into

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ILNS: The Supreme Court on Friday made it clear to all governments in no uncertain terms that clamping down on citizens asking for help on the internet in these Covid times by any government will be treated as contempt of the Supreme Court. Justice Dr. D.Y. Chandrachud, while, hearing pleas on related matters, said: “If the citizens are making their grievance clear on the internet, they should not be suppressed. I direct the Commissioner-General that camping down of information will be treated as the contempt of this court.” It may be recalled that in Uttar Pradesh, one person, who had asked for help to get oxygen for an aged person on Twitter, had an FIR lodged against him immediately. The man was let go with a warning, but the case seems to have been filed. The post Supreme Court warns govts: Clamping down on appeals for help will be treated as contempt of court appeared first on India Legal . from India Legal https://ift.tt/2QLkT6z

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ILNS : Chief Justice NV Ramana condoled the death of former Attorney General and revered lawyer Soli J Sorabjee, who died of Covid-19 infection on Friday. Justice Ramana called Late Sorabjee’s approach to legal issues “humane and compassionate.” The following is the text of Chief Justice Ramana’s tribute to the Late Sorabjee. “Shri Soli J Sorabjee served the office of Attorney General of India twice with great distinction. His humane and compassionate approach defined his legal work. His body of work, spread over nearly seven decades, in defending the fundamental rights and human rights is of international repute. He will be remembered as a legend who added strength to the pillars of democracy. I pay my deep respect to the departed soul. Condolences to the family, friends and fans.” The 91-year-old is survived by wife, two sons, and a daughter. Sorabjee and his wife had tested positive for Novel Coronavirus some days back.  The post Sorabjee’s approach was “humane and compassionat

The Election Commission on Friday moved to Madras High Court and requested it to restrain the media from reporting on oral observations. The EC’s request comes days after the court remarked that officials might be booked murder charges for failing to ensure compliance of Covid-19 protocol during election rallies. The EC in its petition said that it was aggrieved with media reports of the Madras High Court’s oral observations that the poll body is singularly responsible for the Covid-19 situation prevalent today and that the Election Commission should face murder charges. The poll body said these reports have tarnished the image of the Election Commission of India as an independent constitutional agency that is entrusted with the constitutional responsibility of conducting elections. The Election Commission also said no one must be permitted to report on the proceedings of this Court that are not borne out by the record, especially when the detailed order is made available by the Cou

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Former Attorney General and Padma Vibhushan recipient Soli Jehangir Sorabjee passed away today due to Covid-19. The 91-year-old is survived by wife, two sons and a daughter. Sorabjee and his wife had tested positive for novel coronavirus some days back. Sorabjee was born in Bombay in 1930. He started his legal practice in 1953 in the Bombay High Court. He was designated senior counsel by the Supreme Court in 1971. He became the Attorney General, first from 1989-90 and then from 1998-2004. The renowned human rights lawyer was appointed by the UN as a Special Rapporteur for Nigeria. He became the Chairman of the UN-Sub Commission on the Promotion and Protection of Human Rights in 1998. He also served as member of the Permanent Court of Arbitration at The Hague from 2000 to 2006. Sorabjee was honoured with the Padma Vibhushan award, the second highest civilian award in the country, in March, 2002, for his defence of freedom of speech and the protection of human rights. He wrote many

ILNS: The Supreme Court administration on Thursday conveyed its ‘in-principle’ concurrence to the initiative of the Supreme Court Bar Association (SCBA) for setting up a temporary in-patient facility for Covid patients in the Supreme Court Complex. The administration has made it clear that the staff of the Supreme Court Registry will not be associated with the proposed facility and it is for the Government of the National Capital Territory of Delhi to decide, as to how to operate the facility. If the GNCTD, based on its own assessment, comes forward to set up the facility at the location proposed and as per the duly approved blueprint, the SC administration may consider handing over space to the concerned Authority of GNCTD, in accordance with the Covid protocol. The post Supreme Court agrees to SCBA initiative of setting up temporary Covid facility appeared first on India Legal . from India Legal https://ift.tt/3vuKYW3

ILNS: The Supreme court will today hear a suo motu plea on the supply of oxygen, essential drugs, the method and manner of vaccination, and the power to declare lockdown amid the Covid-19 pandemic. The bench of Justice D.Y. Chandrachud, Justice L. Nageswara Rao, and Justice S. Ravindra Bhat while hearing the case on April 27 had said that the High Courts are in a better position to monitor the situation. The High Courts have wide power under Article 226 of the Constitution, though it does not make the Supreme Court a mute spectator and made it clear that it was in no mood to stop hearings at the different High Courts on this issue. Justice Chandrachud said the Supreme Court’s function here is complementary, especially when there is a pan-India issue being considered. Solicitor General Tushar Mehta had also placed on record the steps taken by the Central government since the pandemic started in 2019. He submitted the direction issued by the Government, and presented a holistic pictu

ILNS: The Supreme Court on Thursday declined to give any relief to a sanitation worker convicted for taking illegal gratification from a complainant for revoking his suspension order and regularization of the quarter occupied by him.  ( Moti Lal Sharma v. State through CBI) A two-judge bench of Justice Navin Sinha and Krishna Murari said, “We are not inclined to interfere with the impugned order and judgment passed by the High Court. The special leave petition is dismissed.” It further said, “If the petitioner has not surrendered as yet, he is directed to do so within two weeks, failing which, he shall be taken into custody immediately.” During the course of the hearing, Justice Navin Sinha asked Counsel of the Appellant, “Please show us where did you cross examine with regard to demand and acceptance? Concerning the statement of PW-5 ,PW4 , both corroborate each other , you did not ask any question with regard to demand and acceptance?” Counsel for appellant said that PW2 (Prosec

ILNS: The Kerala Union of Working Journalists (KUWJ) has demanded that Solicitor General Tushar Mehta has to withdraw his baseless statement made about KUWJ in the Supreme Court and publicly apologize for the same. Mehta had made the remarks during the hearing on providing better medical treatment for journalist Sidique Kappan on April 28. KUWJ is the most organised and active collective of journalists’ in the country which has been championing for the cause of media rights and media persons for more than six decades. In his letter written to Uttar Pradesh Chief Minister Yogi Adityanath, Kerala Chief Minister Pinarayi Vijayan had made it clear that he was requesting to ensure better medical care for Kappan on the basis of KUWJ’s plea also. The flawed and prejudiced opinion of the highest legal representative of Union government reflects how shabbily important issues are being handled.    “In another way, perhaps it might be our mistake expecting righteousness from Mehta who had e

A petition has been filed in the Supreme Court seeking the lifting of the Good and Services Tax (GST) on life-saving drugs such as Remdesivir, Tocilizumab, Favipiravir and others with a similar generic constitution used in the treatment of Covid-19. The plea has been filed by founder of NGO Public Policy Advocates Pritika Kumar through Advocate-on-Record (AoR) Astha Sharma, in the suo motu case taken up by the apex court on the issue of handling of the Coronavirus pandemic. It was contended in the petition that an exemption of 12 percent cost of the product charged as GST, which was otherwise leviable, would lead to a further decrease in the overall cost for the consumer, thereby making it significantly more affordable to the public. According to the plea, “The ongoing pandemic is a textbook situation, when the exercise of the power of exemption is a public necessity as part of the commitment of the welfare state to raise the standards of public health, as part of its commitment i

  ILNS: The Lucknow Bench of Allahabad High Court today dismissed a PIL seeking action against Government authorities, including Chief Minister Yogi Adityanath’s ‘Team-11’ and other Health authorities, for failing to provide proper medical facilities. The Division Bench of Justices Ramesh Sinha and Rajeev Singh passed this order, while hearing a PIL filed by Pal Singh Yadav. The petitioner approached the High Court, stating that he is aggrieved due to carelessness, mismanagement and denial of guarantee of the right to life under Article 21 of the Constitution by the government authorities. The petition said that the respondents failed to provide medical facilities, such as medicines, oxygen, proper treatment, bed in hospitals, ventilators and many more services to the last person in the state of Uttar Pradesh in this current pandemic situation, leading to a large number of deaths in the state, especially in Lucknow.  In such circumstances, the respondents are also liable to be pr

As the pandemic raged across India, various High Courts came forward to pull up state governments for their abdication of responsibility and leaving harried citizens to fend for themselves. However, on April 22, 2021, then Chief Justice of India (CJI) SA Bobde took suo motu cognizance of the distribution of essential supplies and services during the pandemic and said: “Multiple Covid-19 cases on key issues like supply of oxygen, drugs, vaccination and imposition of lockdown are being heard by the various High Courts which may lead to confusion.” The bench comprising then CJI Bobde and Justices Nageswara Rao and Ravindra Bhat said: “The High Courts have passed certain orders which may have the effect of accelerating and prioritising the services to a certain set of people and slowing down the availability of these resources to certain other groups.” The bench issued notice for a national plan on the supply of oxygen, medicines, vaccines and methods of imposing a lockdown. Justice Bob

By Kenneth Tiven In his first policy speech to Congress, a confident and compassionate President Joseph Biden told the nation on Wednesday night that America was on the move again. However, an in-person audience limited in size by pandemic social distancing requirements was a reminder that even massive vaccination success in 100 days has only slowed the pandemic. His soothing tone hardly masked the assertive intent to change how American government works for all the people, not just the rich and powerful. The studied silence of the Republican politicians in the House chamber made clear just how much they despise Biden and his plans. The only thing that drew a positive Republican response was a promise to keep a strong military presence in the Pacific Ocean sphere, a euphemism for China. There was zero Republican response when he described efforts already done and more to come to deal with childhood hunger in America. In these joint sessions, the Congressmen and Senators are seated