Weekly Highlights (7 March 2022- 13 March 2022)

Weekly Highlights (7 March 2022- 13 March 2022)

Karnataka HC relegates and sets aside Magistrates order against Tejaswi Surya

The Karnataka High Court recently overturned a Magistrate’s ruling giving authorization for a probe against Bengaluru South MP Tejasvi Surya for allegedly violating the Representation of People Act. Justice S Sunil Dutt Yadav’s bench found that proper procedure had not been followed and remanded the case to the Magistrate for further consideration. The case against him was that an individual named Sri Narayanappa had produced 2,000 copies of pamphlets on Surya’s behalf and distributed them without specifying the printer’s or publisher’s name or location. This is a violation of the Representation of People Act’s Section 127A (restrictions on the printing of pamphlets and posters).

Case Name: Tejaswi Surya v. the State of Karnataka

Karnataka HC issues an order against doctor for negligence in medical examination of a POCSO victim

The Karnataka High Court has ordered the Health Department’s Principal Secretary to take necessary action against a doctor who issued a Sexual Assault Certificate without providing a conclusive judgment on whether or not the survivor had been sexually assaulted. A 16-year-old girl in this case had gone missing from her home. Her family looked for her but couldn’t find her, so they filed a police report. The girl said that she and the petitioner-accused were in love, that he urged her to marry him, and that they went away together and she was subjected to sexual acts. The court denied bail to the petitioner based on the facts and circumstances of the case. The accused was charged under Sections 363, 376(2)(n) of the IPC. Section 6 of the POCSO Act and Sections 9 and 11 of the Prohibition of the Child Marriage Act.

Justice Nageshwar Rao On Hate Speech on Social Media

Justice Rao emphasised on the importance of unity in diversity, emphasizing that citizens’ belief in it is the reason India is doing well as a democracy. Statements that drive a wedge between castes and communities can amount to hate speech, and the proliferation of such speech on social media must be addressed, according to Supreme Court Justice L Nageswara Rao.

The judge stated that the government has a responsibility to ensure that social, economic, and political justice is provided to all citizens of the country and that the Supreme Court has repeatedly reminded citizens that no one is above the law. Supreme Court has promoted in various judgments on fundamental rights and freedom of expression that every individual should be allowed to openly discuss issues, and that in this country if the truth has to come out, it will be done only through discussion.

DELHI HC:  John Doe Order Passed In Favour Of DABUR (Trademark Infringement) Against Websites

The Delhi High Court issued a John Doe decision in favour of Dabur in a trademark infringement case stating that several domain names and websites have begun exploiting the name and trademark ‘DABUR’ in an attempt to pass themselves off as the plaintiff. Anonymous entities are served with John Doe orders, which are sweeping cease-and-desist orders. Because it is impractical to trace down every infringing party in every case involving an infringement of IPR, they are normally issued in cases involving an infringement of IPR. Dabur India Limited has filed a trademark infringement lawsuit seeking a permanent injunction and penalties for violation of its intellectual property, including the trademark ‘DABUR’ copyright on labels and packaging of its numerous products, passing off, and unfair competition.

Case Name: Dabur v Ashok Kumar

Calcutta HC: Stayed Internet shut down order of West Bengal State Government

Recently, the Calcutta High Court stayed the order of shutting down internet services between March 7 and March 16. The order was stayed by a division bench of Chief Justice Prakash Shrivastava and Rajarshi Bharadwaj. The internet shutdown was challenged by Ashlesh Biradar of the Internet Freedom Foundation of India who argued in his petition that the State could not issue such notification under Section 144 of the CRPC. The petition also stated that such restrictions violate children’s rights to education under Article 21A because classes are being held online due to the COVID-19 pandemic. According to Advocate General SN Mookherjee, the March 3 order was issued as per the law, under Rule 2(1) of the Temporary Suspension of Telecom Services (Public Emergency or Public Service) Rules, 2017.

Case Name: Ashlesh Biradar vs State of West Bengal

Delhi HC Denies Bail To Christian Michel James In The AgustaWestland VVIP Chopper Controversy

Christian Michel James, the alleged intermediary in the AgustaWestland VVIP Chopper controversy, was denied bail by the Delhi High Court. The order was delivered by Justice Manoj Ohri. James had contended in his plea that his extradition to India from the United Arab Emirate (UAE) was a condition of Indian authorities returning Dubai’s Princess Latifa.

Michel was transported to India in December 2018, only eight months after Princess Sheikha Latifa bint Mohammed al-Maktoum, Dubai’s wayward daughter was intercepted by the Indian Coast Guards near Goa while attempting to flee to the US. She was later returned to the United Arab Emirates by India. However, Special Public Prosecutor (SPP) DP Singh has stated that the charges that James was transported to India in exchange for Princess Latifa are nothing more than a fabrication of the imagination and an attempt to destroy India-UAE relations.

Deepinder Singh Patwalia, The Advocate General For The State of Punjab Resigns After The Induction Of New State Government, AAP

Deepinder Singh Patwalia, the Advocate General for the State of Punjab and a Senior Advocate, has resigned as a result of the state’s new government. Patwalia is the brother of Supreme Court senior advocate Paramjit Singh Patwalia and the son of retired Supreme Court judge Justice Kuldip Singh. Patwalia took over as AG on November 19 last year, following the resignation of his predecessor, APS Deol.

Debashish Panda appointed Chairperson of IRDAI 

Debasish Panda has been named chairman of the Insurance Regulatory and Development Authority of India (IRDAI) by the Indian government. On March 11, the Ministry of Personnel, Public Grievances and Pensions Department of Personnel & Training issued a notification to that effect. Panda has worked at the Department of Financial Services as a secretary (DFS). The appointment will be for a term of three years, beginning on the day of assumption of charge and ending until additional instructions are issued.

SC lauds Azim Premji, for forgiving a person who had filed 70 frivolous lawsuits against him

The Supreme Court has put on hold for three years the conviction of R Subramanian in contempt of court case filed against former Wipro chairman Azim Premji by the Karnataka High Court. R Subramanian, the defendant in this criminal appeal, has filed more than 70 lawsuits against Premji and his accomplices through his associates.

The Bench was hearing Azim Premji and his wife Yaseem Azim Premji’s motion to quash the proceedings before a Bengaluru Magistrate in connection with a criminal complaint filed by the NGO “India Awake for Transparency,” alleging illegality in the transfer of shares and assets from Premji’s private companies to Premji’s trust. The proceedings against Premji were delayed by the Supreme Court in December 2020.

Anubhuti Awasthi
Hi! I am Anubhuti Awasthi. I am pursuing B.A. LL.B (Hons) from Amity University, Lucknow. Reading and writing keep me alive. I like to explain legal concepts easily. I have a keen interest to take part in moot court competitions and public speaking. I've been an active volunteer of the human rights cause and have worked for it through the various initiatives led at my alma mater. No wonder I've continued to do intensive research and studies on human rights, socio-environmental issues, and criminology. I am driven to contribute my bit towards society at large, by using law as a weapon.