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Dissatisfied with the reasons given by the UP administration for hasty cremation of the body of 19-year old Dalit woman in the Hathras gangrape and murder case, the Lucknow Bench of the Allahabad High Court has expressed its displeasure on the entire incident and deprecated the local authorities for violating the victim and her family's human and fundamental rights.The Court has directed the Additional Chief Secretary (Home) to come out with a draft policy by the next date of hearing, so that proper guidelines in that regard may be laid to avoid incidents of this kind in future.

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The three-judge bench of Chief Justice Athar Minallah, Judge Aamer Farooq and Judge Miangul Hassan Aurangzeb observed that the government of India has not made any attempt “to approach this Court directly, despite opportunities extended in this regard.”

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A three judge bench of the Supreme Court observed that the compulsory administration of the techniques like narco analysis tests constitutes 'cruel, inhuman or degrading treatment' in the context of Article 21. In conclusion, the court held that no individual should be forcibly subjected to such tests, whether in the context of investigation in criminal cases or otherwise, as the same would amount to an unwarranted intrusion into personal liberty. It was also held that such techniques cannot be read into the statutory provisions which enable medical examination during investigation in criminal cases, i.e. the Explanation to Sections 53, 53-A and 54 of the Code of Criminal Procedure.

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The bench comprising Justices NV Ramana, Surya Kant and Hrishikesh Roy set aside the conviction of a husband who was accused of driving wife to su***de.

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observed Supreme Court, while directing release of two convicts on probation.

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Supreme Court has reiterated that absence of motive in a case depending on circumstantial evidence is a factor that weighs in favour of the accused.
The bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah restored the acquittal of two accused Anwar Ali and Sharif Mohammad, by setting aside the conviction recorded by the Himachal Pradesh High Court.

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High Court noted-
"We are of the prima facie opinion that the right of the citizens to live in safe buildings and environment would be a facet of the right guaranteed by Article 21 of the Constitution of India and it would be the duty of the civic bodies to bring about a situation that all buildings within their respective municipal jurisdictions are legal, sustainable and safe.
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The Bill was passed by the Rajya Sabha on September 19, 2020.
It seeks to amend the IBC Code 2016 and temporarily suspend initiation of the Corporate Insolvency Resolution Process (CIRP), for a period of one year.
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#2020

The Court directed the Consortium of the National Law Universities to hold the Common Law Admission Test (CLAT) on September 28 itself in accordance with all health guidelines issued by the Central Government and authorities

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PIL states-
"The closure of government schools and Anganwadis during the Covid-19 pandemic has led to a complete disruption of the Public Distribution Systems and Government nutrition schemes like the Mid Day Meal scheme and the Integrated Child Development Scheme (ICDS), thereby resulting in denial of the right to food which is inherent to a life with dignity guaranteed under Article 21 of the Constitution to millions of underprivileged children and lactating mothers.
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Observed supreme court while dismissing the transfer petition.

In this case, the petitioner sought the transfer of a writ appeal filed in 2016 before the Telangana High Court to the High Court of Delhi. He contended that, 'he has lost everything' and despite his best efforts, he is unable to have the case taken up by the High Court of Hyderabad for final disposal. The writ appeal pertains to land acquisition proceedings, initiated by the erstwhile state of Andhra Pradesh(now the State of Telangana).
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Team Lawfix_ pays tribute to the Late Shri Ram Jethmalani Ji

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Supreme Court dismissed as withdrawn a Public Interest Litigation which challenged the rise in the prices of petrol and diesel.
The petition was withdrawn after a bench, headed by Justice R F Nariman, expressed serious disinclination to entertain the plea.

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Kesavananda Bharati Sripadagalvaru is no more.
He was the petitioner in the landmark case of Kesavananda Bharati v. State of Kerala, wherein supreme court held that Basic Structure of the Constitution cannot be amended.

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A bench headed by Justice Arun Mishra, in an order passed on August 31, further stated "In case any interim order is granted with respect to encroachments, which have been made along with railway tracks, that shall not be effective".

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A bench of CJI SA Bobde, Justices AS Bopanna & V. Ramasubramaniun observed that granting general directions to take out the procession across the country shall lead to chaos & a particular community may then be targeted for spreading the virus.

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Justice Rajashekhar Mantha initiated suo motu contempt action against an advocate-on-record for posting on 'LinkedIn' a screenshot of the virtual court hearing of the day when a favourable interim order was passed by the Single Judge while calling for affidavits. The screenshot was preceded by the following writing: "We are to that we managed to obtain an ‐ (ICC Arbitration)in a matter before the Calcutta High Court".

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The bench also clarified that the order cannot be used as a precedent and will not apply to other temples or festivals.
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The Top Court has also upheld the Patna FIR and has asked Maharashtra to assist the probe. Maharashtra has been asked to hand over all the evidence in the case to CBI.
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Justice Arun Mishra, presiding the bench, said that the postponement of the exams will put the 'career of the students in peril'.
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#2020

Alternatively, the PIL by BJP leader and Supreme Court Advocate Ashwini Kumar Upadhyay prays that being the custodian of the Constitution and protector of
the fundamental rights, the court declare that the discriminatory grounds of divorce are unconstitutional and frame guidelines for 'Uniform Grounds of Divorce' for all citizens, while considering the different laws of divorce, the best practices of all religions and international conventions.
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"There are still stated to be a large number of sales which have been made and uploaded on the E-Vaahan Portal, even temporary registrations were made. Their registration during the lockdown period could not be made. Hence, we allow registration of such vehicles only which could not be registered during lockdown in the month of March, 2020 and for no other reason", ordered a bench comprising Justices Arun Mishra, BR Gavai and Krishna Murari.
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