Supreme Court Weekly Round Up May 31- June 6, 2021
3 years, 6 months ago

Supreme Court Weekly Round Up May 31- June 6, 2021

Live Law  

Supreme Court Rejects Plea To Constitute Committees To Hold Preliminary Inquiries Before Lodging Sedition Cases Against Senior JournalistsCase: Vinod Dua vs. Union of India Citation: LL 2021 SC 266In its judgment quashing sedition case against Journalist Vinod Dua, the Supreme Court rejected the plea to direct the State Governments to. Supreme Court Rejects Plea To Constitute Committees To Hold Preliminary Inquiries Before Lodging Sedition Cases Against Senior Journalists Case: Vinod Dua vs. Union of India Citation: LL 2021 SC 266 In its judgment quashing sedition case against Journalist Vinod Dua, the Supreme Court rejected the plea to direct the State Governments to constitute committees to conduct preliminary inquiry before FIRs are registered against senior journalists. Trial Courts Have To Clearly Specify Whether Sentences Would Run Concurrently Or Consecutively: Supreme Court Case: Sunil Kumar @ Sudhir Kumar Vs. State Of Uttar Pradesh LL 2021 SC 267 Citation: LL 2021 SC 267 The Supreme Court observed that the Trial Courts, while awarding multiple punishments of imprisonment, have to specify in clear terms as to whether the sentences would run concurrently or consecutively. 'If A Man & Woman Are In A Room, Man Makes A Request & Woman Complies, Do We Need To Say Anything More' : Supreme Court In Plea Against Bail To Varun Hiremath In Rape Case Supreme Court this week dismissed the petition challenging the Delhi High Court's order granting pre-arrest bail to TV journalist Varun Hiremath accused of raping a 22 year old woman in Delhi.

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History of this topic

COVID-19: Supreme Court upholds individual’s right against forcible vaccination
2 years, 7 months ago

COVID-19: Supreme Court upholds individual’s right against forcible vaccination

The Hindu  

The Supreme Court on Monday upheld both the right of an individual against forcible vaccination and the government’s current vaccination policy to protect communitarian health, but found certain vaccine mandates imposed by State governments/Union Territories, which tend to deny access to basic welfare measures and freedom of movement to unvaccinated individuals, disproportionate. “With respect to bodily integrity and personal autonomy …

No one can be forced to get vaccinated, rules Supreme Court amid Covid surge
2 years, 7 months ago

No one can be forced to get vaccinated, rules Supreme Court amid Covid surge

India Today  

In an important ruling, the Supreme Court made it clear that no individual can be forced to take any vaccination, but stated that the government can impose some restrictions in the interest of the community. A bench of Justices L Nageswara Rao and B R Gavai delivered the judgement on the plea challenging mandatory Covid-19 vaccine mandates as unconstitutional, saying, …

Vaccine Mandate Case : Supreme Court Refuses To Take Into Account Developments Subsequent To Reserving Of Judgment
2 years, 8 months ago

Vaccine Mandate Case : Supreme Court Refuses To Take Into Account Developments Subsequent To Reserving Of Judgment

Live Law  

The Supreme Court, on Monday, did not permit Advocate, Mr. Amit Anand Tiwari, AAG, State of Tamil Nadu to mention the matter pertaining to the vaccine mandates and non-disclosure of the clinical trial data of COVID-19 vaccines. On 22nd March, the Court had reserved that judgment in a plea, inter alia, seeking directions to the Union Government to publicize the …

Does Policy Mandating COVID-19 Vaccination Affect Citizens' Right To Earn Livelihood? Delhi HC Issues Notice On Teachers' Plea
3 years ago

Does Policy Mandating COVID-19 Vaccination Affect Citizens' Right To Earn Livelihood? Delhi HC Issues Notice On Teachers' Plea

Live Law  

The Delhi High Court on Tuesday issued notice on a plea raising a question as to whether the action of mandating COVID-19 vaccination can adversely affect citizens' right to earn livelihood? This is the third such petition before the Court.Justice Rekha Palli issued notice on the plea filed by two teachers seeking quashing of the guidelines issued by the Delhi …

Supreme Court Weekly Round Up, October 18 To October 24, 2021
3 years, 2 months ago

Supreme Court Weekly Round Up, October 18 To October 24, 2021

Live Law  

Distinction Between Tax And Fee Has Been Substantially Removed, Says Supreme CourtCase Title: Jalkal Vibhag Nagar Nigam and Ors v. Pradeshiya Industrial and Investment Corporation & Anr. Distinction Between Tax And Fee Has Been Substantially Removed, Says Supreme Court Case Title: Jalkal Vibhag Nagar Nigam and Ors v. Pradeshiya Industrial and Investment Corporation & Anr. Nomenclature Of Tax Does Not …

Supreme Court Weekly Round Up, September 27 To October 3
3 years, 2 months ago

Supreme Court Weekly Round Up, September 27 To October 3

Live Law  

Motor Accidents Claim - Minimum Wage Notification Not An Absolute Yardstick To Fix Income Of Deceased In Absence Of Salary Certificate : Supreme CourtCase Title : Chandra @ Chanda versus Mukesh Kumar Yadav and othersCitation : LL 2021 SC 532While deciding on compensation to be paid in a case of motor vehicle accident, Supreme Court has observed that merely because. …

Supreme Court Disposes PIL Seeking Free Vaccination; Grants Liberty To Petitioner To Assist In Suo Motu Case
3 years, 3 months ago

Supreme Court Disposes PIL Seeking Free Vaccination; Grants Liberty To Petitioner To Assist In Suo Motu Case

Live Law  

The bench headed by Justice D. Y. Chandrachud noted that the instant petition was filed by Social Democratic Party of India on May 10 in the midst of the second wave of the pandemic and that by the order of May 31 of the Supreme Court in its suo motu cognisance of the COVID-related issues, the concerns of the petitioner-in-person …

Supreme Court Issues Notice On Plea For Disclosure Of Clinical Trial & Efficacy Data Of COVID Vaccines; Refuses To Halt Compulsory Vaccination Mandate
3 years, 4 months ago

Supreme Court Issues Notice On Plea For Disclosure Of Clinical Trial & Efficacy Data Of COVID Vaccines; Refuses To Halt Compulsory Vaccination Mandate

Live Law  

The Supreme Court on Monday issued notice on a Public Interest Litigation seeking public disclosure of clinical trial data and post vaccination efficacy data of COVID vaccines, as is required by International medical norms, and to stop the coercive mandate issued by various governments for vaccination.The Court issued notice to the Union of India, the Indian Council of Medical. The …

A tale of three court orders and the debate around mandatory vaccination
3 years, 5 months ago

A tale of three court orders and the debate around mandatory vaccination

Hindustan Times  

At a time vaccine hesitancy poses a serious challenge to the ongoing Covid-19 vaccination programme in India, at least three high courts in the country have set off a much needed legal debate around the feasibility of State-mandated persuasive measures to boost inoculation rate. While the Meghalaya high court has declared that mandatory vaccination “by force” violates fundamental rights, the …

Centre Gives Supreme Court Projection For 186-188 Crore Doses To Complete Vaccination By 2021 End
3 years, 5 months ago

Centre Gives Supreme Court Projection For 186-188 Crore Doses To Complete Vaccination By 2021 End

Live Law  

Ahead of the hearing in the suo moto COVID case on June 30, the Central Government has filed an affidavit in the Supreme Court, in the light of several issues flagged by the Court with respect to the earlier vaccination policy.As directed by the Court, the Centre has given details about the projection of vaccine availability from five approved vaccines …

Took back charge of vaccine drive on states’ request: Centre
3 years, 5 months ago

Took back charge of vaccine drive on states’ request: Centre

Hindustan Times  

The Union government took back charge of sourcing and supplying vaccines to states after as many as 13 chief ministers wrote to it with a request for a reset of the policy, the Centre informed the Supreme Court on Saturday. “The said decision to review the strategy was taken after receipt of letters from 13 Hon’ble chief ministers as well …

'Will Create Vaccine Inequity' : Plea In Supreme Court Challenges Centre's Policy To Sell 25% Vaccines To Private Hospitals
3 years, 6 months ago

'Will Create Vaccine Inequity' : Plea In Supreme Court Challenges Centre's Policy To Sell 25% Vaccines To Private Hospitals

Live Law  

Challenging the new policy adopted by the Central Government to reserve 25% of the domestically manufactured COVID vaccines for private hospitals, an application has been filed in the Supreme Court.The application filed by Rajya Sabha MP from Kerala and former mediaperson John Brittas and R Ramakumar, Professor at TISS, says that this policy will in effect "cause a reservation for …

Supreme Court has queries on role of private hospitals in COVID-19 vaccination
3 years, 6 months ago

Supreme Court has queries on role of private hospitals in COVID-19 vaccination

The Hindu  

The Supreme Court was worried about the role of private hospitals in COVID-19 vaccination, saying whether they would prefer profit over public health. The court’s anxiety is real and present as Prime Minister Narendra Modi’s speech on Monday revealed that private hospitals would retain their capacity to buy 25% of vaccine stock from the manufacturers. “Private hospitals also may not …

Supreme Court criticism, pressure forced vaccine policy U-turn: Opposition leaders
3 years, 6 months ago

Supreme Court criticism, pressure forced vaccine policy U-turn: Opposition leaders

The Hindu  

Opposition leaders across the spectrum on Monday claimed that Prime Minister Narendra Modi’s new vaccination policy of providing free vaccines to all adults in government hospitals from June 21 has been driven by the Supreme Court’s criticism of its policy and constant pressure from political rivals. While several chief ministers of Opposition-ruled States thanked the Prime Minister for ‘reversing’ the …

When the Indian judiciary stands up
3 years, 6 months ago

When the Indian judiciary stands up

Hindustan Times  

The Supreme Court seems to be losing its patience with the government. The Supreme Court seems to be losing its patience with the government In one case, Justice DY Chandrachud was so annoyed that he told the government to “please wake up, smell the coffee, and see what’s happening across the country”. The judges have described the government’s policy for …

Can Delhi Govt. Administer Covaxin's 2nd Dose To All Eligible Persons In 18-44 Age Group Within 6 Weeks Of Their 1st Dose?: Delhi High Court
3 years, 6 months ago

Can Delhi Govt. Administer Covaxin's 2nd Dose To All Eligible Persons In 18-44 Age Group Within 6 Weeks Of Their 1st Dose?: Delhi High Court

Live Law  

The Delhi High Court on Wednesday asked the Delhi Government as to whether it will be in a position to administer the Covaxin's second dose to all willing and eligible persons in 18 to 44 age group, in the NCT of Delhi, before the expiry of six weeks period from the date of their having received the first dose.The Bench …

'Those Who Need It May Not Have The Ability To Pay For It': Supreme Court Slams Centre's Liberalized Policy Of Vaccination By Private Hospitals
3 years, 6 months ago

'Those Who Need It May Not Have The Ability To Pay For It': Supreme Court Slams Centre's Liberalized Policy Of Vaccination By Private Hospitals

Live Law  

The Supreme Court, in its order passed recently, criticized Liberalized Vaccination Policy of vaccination by private hospitals. The bench, also comprising Justices L. Nageswara Rao and S. Ravindra Bhat, noted that, being for-profit entities, the private hospitals may sell the vaccine doses procured at a higher price, for lucrative deals directly to private corporations. As such, the State/UT Governments and …

Constitution Doesn't Envisage Courts To Be Silent Spectators When Executive Policies Infringe Citizens' Rights : SC In COVID Vaccine Case
3 years, 6 months ago

Constitution Doesn't Envisage Courts To Be Silent Spectators When Executive Policies Infringe Citizens' Rights : SC In COVID Vaccine Case

Live Law  

While raising several questions at the Union Government's COVID vaccination policy and making a prima facie observation certain aspects of the policy are "arbitrary and irrational", the Supreme Court has taken efforts to clarify that it is not breaching the principle of separation of powers and that it is only performing a role envisaged by the Constitution. "Our Constitution does …

How Rs 35000 Crores Budget Allocation Spent For Vaccines?Why Can't It Be Used To Vaccinate 18-44 Years Group? SC Asks Centre
3 years, 6 months ago

How Rs 35000 Crores Budget Allocation Spent For Vaccines?Why Can't It Be Used To Vaccinate 18-44 Years Group? SC Asks Centre

Live Law  

The Supreme Court has asked the Union Government to clarify how the sum of Rs 35,000 crores earmarked in the Union Budget for procuring vaccines have been spent so far.Further, the Court has asked why these funds cannot be used for giving free vaccination for those in the age group 18 to 44 years. The Court has also made another …

Vaccine Policy Allowing Private Sector To Procure 25% Vaccines Directly From Manufacturers Challenged: MP High Court Seeks Govt. Response
3 years, 6 months ago

Vaccine Policy Allowing Private Sector To Procure 25% Vaccines Directly From Manufacturers Challenged: MP High Court Seeks Govt. Response

Live Law  

The Madhya Pradesh High Court has asked the State and Central Government to give their responses on the validity of Clause 8 of the National Vaccination Policy, which permits procurement of 25% vaccines by the private sector directly from the vaccine manufacturers, without any involvement of the Centre and the State.The Bench of Chief Justice Mohammad Rafiq and Justice Atul …

Delhi HC pulls up Centre over vaccines for 18-45 yrs group
3 years, 6 months ago

Delhi HC pulls up Centre over vaccines for 18-45 yrs group

Hindustan Times  

The Delhi high court on Tuesday asked the Centre as to why it made a “wrong” declaration that it will vaccinate people between 18-45 years when “there is no vaccine available in the country”. The Supreme Court on Monday also questioned the Centre’s vaccine policy, saying the government needs to “smell the coffee” and modify its policy that requires states …

Supreme Court Stays Delhi HC Judgment Which Declared IGST Imposition On Oxygen Concentrators Imported By Individuals As Unconstitutional
3 years, 6 months ago

Supreme Court Stays Delhi HC Judgment Which Declared IGST Imposition On Oxygen Concentrators Imported By Individuals As Unconstitutional

Live Law  

The Supreme Court on Tuesday stayed the Delhi High Court judgment which declared that imposition of Integrated Goods and Services Tax for oxygen concentrators imported by individuals for personal use as unconstitutional.A vacation bench comprising Justices DY Chandrachud and MR Shah was hearing the special leave petition filed by the Ministry of Finance against the Delhi High Court. The Supreme …

COVID Vaccines : Why States Have To Pay Higher Prices? Price Must Be Uniform, Supreme Court Tells Centre
3 years, 6 months ago

COVID Vaccines : Why States Have To Pay Higher Prices? Price Must Be Uniform, Supreme Court Tells Centre

Live Law  

"There needs to be one price for COVID-19 vaccines across the nation", said the Supreme Court during the suo moto case on COVID-related issues. A 3-Judge Bench of Justices DY Chandrachud, L. Nageswara Rao and S. Ravindra Bhat posed tough questions to the Central Government on the rationale of the dual pricing and procurement policy of COVID vaccines adopted by …

"Need Of The Hour Is To Vaccinate As Many People As Possible": Delhi High Court Issues Notice In Vaccination Centre's Plea Challenging Withdrawal From COWIN Portal
3 years, 6 months ago

"Need Of The Hour Is To Vaccinate As Many People As Possible": Delhi High Court Issues Notice In Vaccination Centre's Plea Challenging Withdrawal From COWIN Portal

Live Law  

Observing that need of the hour today is to vaccinate as many people as possible, the Delhi High Court has issued notice in a plea filed Sant Soham Hospital being aggreived from the withdrawal of its status as a government authorized vaccination centre and the deletion of its name from the GNCTD's COVID-19 vaccination app named COWIN where the public …

Centre Defends Vaccine Policy, Tells SC 'Overzealous Intervention May Cause Unforeseen Consequences'
3 years, 7 months ago

Centre Defends Vaccine Policy, Tells SC 'Overzealous Intervention May Cause Unforeseen Consequences'

ABP News  

New Delhi: The Centre submitted an affidavit defending its vaccine policy and told the Supreme Court that 'judicial intervention can lead to unforeseen consequence'. The Centre said that the rationale behind the new liberalised pricing policy for the COVID-19 vaccine is to ensure scaling up of vaccine coverage, incentivize vaccine manufacturers to rapidly scale up their production, and to attract …

Differential vaccine pricing is right, Centre tells Supreme Court
3 years, 7 months ago

Differential vaccine pricing is right, Centre tells Supreme Court

Deccan Chronicle  

New Delhi: The Centre has justified differential Covid vaccine pricing, telling the Supreme Court that the three-slab “liberalised, market driven” rates for the Centre, states and private hospitals will incentivise demand, lead to higher production, competition and attract overseas investors. The Centre also told the Supreme Court in no uncertain terms to stay away from the vaccination issue that squarely …

"COVID Vaccination Policy Conforms To Constitutional Mandate, Executive Needs Discretion, Requires No Interference By Court,: Centre Tells Supreme Court
3 years, 7 months ago

"COVID Vaccination Policy Conforms To Constitutional Mandate, Executive Needs Discretion, Requires No Interference By Court,: Centre Tells Supreme Court

Live Law  

The Central Government has submitted before the Supreme Court that its vaccination policy conforms to mandate of Article 14 and Article 21 of the Constitution of India, and therefore requires no interference by the Supreme Court. Due to consultations and "persuasions" by the Central Government both the manufactures of vaccine have declared their prices which are uniform for all State …

Students Federation Of India(SFI) Moves Supreme Court Seeking Free COVID Vaccination For All, GST Waiver On Oxygen Concentrators
3 years, 7 months ago

Students Federation Of India(SFI) Moves Supreme Court Seeking Free COVID Vaccination For All, GST Waiver On Oxygen Concentrators

Live Law  

The Students Federation of India has approached the Supreme Court with an application seeking directions to provide universal free vaccination to all citizens of India and to waive off the goods and service tax that has been levied on the import of the oxygen concentrators used for personal use. The Federation, through an application has sought direction Central Government and …

Delhi High Court Seeks Centre's Response On Delhi Govt Request For Armed Forces Support For Oxygen Supplies, COVID Facilities
3 years, 7 months ago

Delhi High Court Seeks Centre's Response On Delhi Govt Request For Armed Forces Support For Oxygen Supplies, COVID Facilities

Live Law  

The Delhi High Court has on Monday directed Centre to report instructions on action taken on communication made by Delhi Deputy CM Manish Sisodia, to Defense Minister Rajnath Singh for lending services of armed forces to set up Covid 19 facilities, oxygen supply, etc.A Division bench comprising of Justice Vipin Sanghi and Justice Rekha Palli sought the instructions on the …

Vaccine pricing policy may create disparity, revisit it: Supreme Court directs Centre
3 years, 7 months ago

Vaccine pricing policy may create disparity, revisit it: Supreme Court directs Centre

India TV News  

The Supreme Court has directed the Centre to revisit its COVID-19 vaccine pricing policy, saying it would prima facie result in a detriment to the right to public health. The apex court said that compelling state governments to negotiate with manufacturers on grounds of promoting competition and making it attractive for new vaccine manufacturers will result in a serious detriment …

Centre's Vaccine Policy Prima Facie Detrimental To Right To Health: Supreme Court
3 years, 7 months ago

Centre's Vaccine Policy Prima Facie Detrimental To Right To Health: Supreme Court

Live Law  

The manner in which Centre's current vaccine policy has been framed would prima facie result in a detriment to the right to public health which is an integral element of Article 21 of the Constitution, said the Supreme Court in the suo moto case In Re Distribution of Essential Services and Supplies During Pandemic A Bench comprising of Justices DY …

Delhi Represents The Nation, Centre Has A Special Responsibility Towards It: Supreme Court On Oxygen Shortage In National Capital
3 years, 7 months ago

Delhi Represents The Nation, Centre Has A Special Responsibility Towards It: Supreme Court On Oxygen Shortage In National Capital

Live Law  

The Supreme Court on Friday observed that the Central Government has a special responsibility as far as the needs of citizens of Delhi are concerned. " Delhi represents the nation and there is hardly any one ethnically Delhite…You have a special responsibility as the Centre ", Justice DY Chandrachud observed while hearing the suo moto case pertaining to COVID-19 related …

'Different Manufacturers Coming With Different Prices' : Supreme Court Asks Centre To Explain Rationale Of COVID Vaccine Pricing
3 years, 7 months ago

'Different Manufacturers Coming With Different Prices' : Supreme Court Asks Centre To Explain Rationale Of COVID Vaccine Pricing

Live Law  

The Supreme Court on Tuesday asked the Central Government to explain the rationale behind the pricing policy for COVID vaccines in the suo moto case taken on the issues related to COVID19. The Court has directed the Centre to explain in an affidavit the basis and rationale adopted in regard to the pricing of vaccines. "The Union of India shall …

'Different Manufacturers Coming With Different Prices' : Supreme Court Asks Centre To Explain Rationale Of COVID Vaccine Pricing
3 years, 7 months ago

'Different Manufacturers Coming With Different Prices' : Supreme Court Asks Centre To Explain Rationale Of COVID Vaccine Pricing

Live Law  

The Supreme Court on Tuesday asked the Central Government to explain the rationale behind the pricing policy for COVID vaccines in the suo moto case taken on the issues related to COVID19. The Court has directed the Centre to explain in an affidavit the basis and rationale adopted in regard to the pricing of vaccines. "The Union of India shall …

SC asks Centre for ‘national plan’ on oxygen, medicine supply as India registers world’s highest spike in COVID cases
3 years, 8 months ago

SC asks Centre for ‘national plan’ on oxygen, medicine supply as India registers world’s highest spike in COVID cases

Firstpost  

New Delhi: As the country grapples with the current wave of COVID-19 pandemic, the Supreme Court Thursday told the Centre that it wants a “national plan” on issues including supply of oxygen and essential drugs for treatment of patients infected with the virus. The top court said at least six high courts - Delhi, Bombay, Sikkim, Madhya Pradesh, Calcutta and …

Supreme Court asks Centre for national policy on oxygen supply, essential drugs and method of vaccination
3 years, 8 months ago

Supreme Court asks Centre for national policy on oxygen supply, essential drugs and method of vaccination

India TV News  

The Supreme Court on Thursday took suo motu cognisance on prevailing COVID-19 situation in the country. The top court also issued a notice to the Centre, asking for the national policy on issues relating to supply of oxygen, essential drugs and method and manner of vaccination. A bench comprising Chief Justice of India SA Bobde, Justices L Nageswara Rao and …

Why wait 10 days to open vaccination for persons above 18: Delhi High Court
3 years, 8 months ago

Why wait 10 days to open vaccination for persons above 18: Delhi High Court

India Today  

Delhi High court on Tuesday raised questions on the Central government’s decision to wait till May 1 to open vaccination to people above age 18 amidst news of vaccine wastage. The Delhi High Court said, "We are the country which produced the best IT minds we can't produce an app to manage? Taking note of news reports of hoarding and …

Supreme Court Stays High Court Proceedings On COVID Vaccination Priority For Legal Fraternity
3 years, 8 months ago

Supreme Court Stays High Court Proceedings On COVID Vaccination Priority For Legal Fraternity

Live Law  

The Supreme Court on Friday ordered a stay on proceedings before all High Courts in the cases regarding inclusion of legal fraternity in the priority list for COVID-19 vaccination. A three-judge Bench of CJI, Justice Bopanna and Justice Ramasubramanian directed that the matter will be taken up after notice is served to the respondents in the both the transfer pleas, …

Supreme Court Stays Delhi High Court's Suo Moto Case On COVID Vaccination Priority For Legal Fraternity
3 years, 9 months ago

Supreme Court Stays Delhi High Court's Suo Moto Case On COVID Vaccination Priority For Legal Fraternity

Live Law  

The Supreme Court on Thursday restrained the Delhi High Court from proceeding with the suo moto case taken by it to consider including legal fraternity in the priority list for COVID-19 vaccination.A bench headed by the Chief Justice of India issued notices on the the petitions filed by vaccine manufactures Bharat Biotech Ltd and Serum Institute of India seeking to …

Delhi HC calls for urgency in conducting vaccination drive, asks Centre for reason for 'strict' categorisation
3 years, 9 months ago

Delhi HC calls for urgency in conducting vaccination drive, asks Centre for reason for 'strict' categorisation

Firstpost  

The high court added that the Serum Institute of India and Bharat Biotech have the capacity to provide more vaccine doses but that ’their full capacity is not being exploited' New Delhi: The Delhi High Court on Thursday asked the Centre to explain the rationale behind keeping strict control over class of persons who can be vaccinated against COVID-19 currently …

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