From Adani to Shiv Sena, the significant SC Judgements in February 2023
The SC Judgements in February 2023 are quite significant and also new developments in the working of the Supreme court. The SC will adopt ‘neutral citations’ for its judgements.
The National Green Tribunal (NGT) can execute its orders as a decree of the Civil Court.
According to a judgement by the Supreme Court, the NGT under Section 25 of the National Green Tribunal Act, 2010 has the power to execute its orders as a decree of the Civil Court. This means that any order passed by the NGT has to be treated as equivalent to an order from a civil court. This judgement was announced by a bench comprising Chief Justice of India, DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
Read more- Stock Market Crash in India: Is it an Adani effect?
The Dawoodi Bohra and the ex-communication of its members were referred to a nine-judge bench.
Dawoodi Bohra is Shia Muslim whose population around the world is around 1 million. The members of the community allow its leaders to excommunicate its members. This means that any member of the community can be banned access to community mosques or burials. The issue had been in the courts before and also guaranteed protection in a 1962 order. However, this protection was challenged in 1986 and after a lot of debate and waiting, the SC this month decided that the case will be taken up by a nine-judge bench that was formed to hear the Sabarimala case.
SC dismissed the petition put up by Uddhav Thackeray that challenged the Election Commissions of India’s decision to accord the ‘bow and arrow symbol to Eknath Shinde-led Shiv Sena.
In a big blow to the Uddhav Thackeray-led faction of Shiv Sena, the SC refused to dismiss the judgement passed by the ECI. The ECI had recognised the Eknath Shinde- led faction as the real Shiv Sena and allotted them the party name and ‘bow and arrow symbol. This order of the ECI was challenged by Thackeray, but the Court decided that there was nothing wrong with the order by ECI.
In the Adani and Hindenburg fiasco, the SC said that it will not pass any injunction order against the media.
When the Hindenburg report was made public, the impact on Adani stocks was huge. The stocks saw a drastic fall and are still not in a good position. When the matter was taken to the SC, a petition was filed to stop the media from reporting on the issue until the Court made a decision on it. However, the petition was rejected and the CJI D Y Chandrachud said, “We are not going to ever give any injunction against the media. We will do what we have to do. We will pronounce our order.”
In matrimonial disputes relating to infidelity, the child cannot be made to undergo a DNA test.
The Supreme Court made an important judgement protecting the rights of children who often become victims in matrimonial disputes. A two-judge bench of Justices V Ramasubramanian and B V Nagarathna said that ordering a DNA test of a minor child in matrimonial disputes involving the allegations of infidelity can cause trauma to a child and infringes the right to privacy.
The bench said- “A parent may, in the best interests of the child, choose not to subject a child to a DNA test. It is also, antithetical to the fundamentals of the right to privacy to require a person to disclose, in the course of proceedings in rem, the medical procedures resorted to in order to conceive.”
On the issue of Jammu and Kashmir Delimitation, the apex court said there was no illegality associated with it.
As the delimitation exercise was notified in Jammu and Kashmir for redrawing Lok Sabha and Assembly constituencies, petitions were filed challenging this exercise. However, the SC dismissed the plea and upheld the exercise being conducted by the delimitation commission as legit.
SC to adopt ‘neutral citations’ for its judgements.
In a big development for the courts, the SC said that it will now assign its own citations to cases. This is an important step as it will remove the confusion of the same case having different citations in different reports. This will also make it easier for judges and lawyers to refer to precedents and cite them. High Courts of Delhi, Kerala and Madras have already started neutral citations.
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