Weekly Legal Updates ( 7 May 2023 to 13 May 2023)

Weekly Legal Updates main objective is to update the legal knowledge of law students, lawyers, academicians and other professionals. If we do not update our legal knowledge regularly, our knowledge become redundant.

Supreme Court objects to Amit Shah’s statement on 4% Muslim quota in Karnataka

The Supreme Court on Tuesday objected to a public statement by Union Home Minister Amit Shah over the “politicisation” of the issue of a 4 per cent quota for Muslims in jobs and education in Karnataka at a time when the matter was being heard by it. “We cannot permit politicisation like this when we are ready to hear the matter,” a bench of Justices K M Joseph, B V Nagarathna and Ahsanuddin Amanullah said. The court’s observation came when senior advocate Dushyant Dave, appearing for the petitioners, referred to the statement having been made by Union Home Minister Shah. (Courtesy:- Deccan Herald, 9 May 2023)

Release Imran Khan immediately: Pakistan SC declares former PM’s arrest illegal

Pakistan’s Supreme Court on Thursday said the anti-graft agency’s arrest of former Prime Minister Imran Khan was illegal and ordered his immediate release. “What happened was not justice for Imran khan,” the Pakistan Supreme Court observed.

The Pakistan Tehreek-e-Insaf party filed a petition in the Supreme Court challenging the Islamabad High Court’s ruling which backed the arrest of Imran Khan.

On Thursday, a three-member bench of the Pakistan’s Supreme Court, comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Muhammad Ali Mazhar and Justice Athar Minallah, ordered the country’s anti-corruption watchdog to bring the former prime minister as it heard his plea against his dramatic arrest in a graft case.

Thereafter, the Pakistan SC ruled the arrest of Imran Khan as illegal and ordered his immediate release. The Supreme Court further held that no one can be arrested from court premises.

(Courtesy:- India Today, 11 May 2023) 

SC stays Gujarat government decision to promote 68 judicial officers as district judges

The Supreme Court on Friday stayed the Gujarat government’s decision to promote 68 judicial officers as district judges as it took umbrage to the state doing so while a plea challenging this was pending before the court.

A bench of Justices M R Shah and C T Ravikumar in an interim order stayed the Gujarat High Court recommendation to promote them and the state notification in pursuance of this. The bench noted that the state had issued the notification after it issued notice on the plea challenging the high court recommendation.

Among the 68 is Harish Hasmukh Bhai Varma, who had convicted Congress leader Rahul Gandhi in a defamation case.

Courtesy:- The Indian Express, 12 May 2023

Supreme Court ends long-standing dispute, puts service rein of Delhi in AAP govt’s hands

A five-judge constitution bench reminded the Centre that in a ‘representative democracy’, the states should have leeway in matters of administration as they represent the regional aspirations and will of the local people.

The Supreme Court on Thursday ruled that the Delhi government has exclusive powers over transfer and posting of IAS officers in the national capital except in matters relating to “police, public order and land”.

The verdict ended decades of confrontation between the Centre and the Delhi government over supremacy relating to the administration of the national capital, a face-off that has intensified during the tenures of the Arvind Kejriwal-led AAP and the BJP dispensation.

A five-judge constitution bench headed by Chief Justice D.Y. Chandrachud reminded the Centre that in a “representative democracy” and under the federal structure, the states should have leeway in matters of administration as they represent the regional aspirations and will of the local people.

“The legislative and executive power of NCTD (National Capital Territory of Delhi) over Entry 41 shall not extend over to services related to ‘public order’, ‘police’, and ‘land’. However, legislative and executive power over services such as Indian Administrative Services, or Joint Cadre services, which are relevant for the implementation of policies and vision of NCTD in terms of day-to-day administration of the region shall lie with NCTD,” the bench, which included Justices M.R. Shah, Krishna Murari, Hima Kohli, and P.S. Narasimha, said.

(Courtesy:- The Telegraph online, 12 May 2023)

US Supreme Court backs California law for more space for pigs, producers predict pricier pork, bacon

The Supreme Court backed a California animal cruelty law that requires more space for breeding pigs, a ruling the pork industry says will lead to higher costs nationwide for pork chops and bacon.

The Supreme Court on Thursday backed a California animal cruelty law that requires more space for breeding pigs, a ruling the pork industry says will lead to higher costs nationwide for pork chops and bacon.

“While the Constitution addresses many weighty issues, the type of pork chops California merchants may sell is not on that list,” Justice Neil Gorsuch wrote in an opinion for the court.

Industry groups have said the law would mean expensive, industry-wide changes even though a majority of the farms where pigs are raised are not in California, the nation’s most populous state, but instead in the Midwest and North Carolina.

A majority of the high court agreed that lower courts had correctly dismissed pork producers’ challenge to the law. Both liberal and conservative justices were a part of the majority, though they were not united in their reasoning.

(Courtesy:- India Today, 12 May 2023)

*Disclaimer: – Always check with the original copy of judgment from the Court website.

Legal News in this Weekly Legal Update are compiled by Team www.deepakmiglani.com

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