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7 most talked about judgments by Supreme Court in 2015

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By Harshmeet Singh

The year 2015 can be rightly termed as the ‘year of judicial activism.’ With the Parliament facing disruptions all through the year, it was the Supreme Court that assumed the leading role in driving the country forward.

Before we enter into 2016 with high hopes, NewsGram brings you the seven most path-breaking judgments given by the Supreme Court in 2015.

  1. Jats don’t belong to the OBC

With an aim to appease the Jat community, the central government listed them under the OBC category in 9 states, giving them reservations in government jobs and educational institutes. Not pleased with this populist step, the Supreme Court struck down the government notification and sense prevailed.

  1. Supreme Court strikes down the Section 66A of Indian IT Act

Section 66A of the Indian IT Act was nothing short of draconian. It was widely used by the police to arrest innocent people for criticizing politicians online. The SC called it a violation of the fundamental right of liberty and freedom of expression and termed it ‘unconstitutional.’

  1. SC orders CBSE to conduct the AIPMT afresh

This year’s AIPMT was filled with allegations of cheating and fraud. Close to six and a half lakh aspirants appeared for the examination. While the CBSE argued that it will exclude the sheets of those found involved in cheating, rather than conducting the exam again, the SC didn’t buy this excuse. The judges said, “if such an examination is saved, merit would be a casualty generating a sense of frustration in genuine students, with aversion to the concept of examination.”

  1. SC declares NJAC unconstitutional and void

NJAC, which sought to take away the judiciary’s right to appoint judges to the High Court and the Supreme Court, remained in the news for the better part of the year. In October, the SC struck down the NJAC and called it ‘unconstitutional and void.’ The presiding judge said, “It is difficult to hold that the wisdom of appointment of judges can be shared with the political-executive. In India, the organic development of civil society, has not as yet sufficiently evolved. The expectation from the judiciary, to safeguard the rights of the citizens of this country, can only be ensured, by keeping it absolutely insulated and independent, from the other organs of governance.”

  1. Panel appointed by SC suspends Chennai Super Kings and Rajasthan Royals from the IPL for 2 years

Ever since its inception, the IPL has been marred with serious allegations of spot fixing and match fixing. The SC-appointed panel suspended CSK and RR from IPL for a couple of years since their owners were found guilty of betting on the games and leaking the team’s information to the bookers.

  1. SC sentences Yakub Memon to death

In March this year, SC sentenced Yakub Abdul Razak Memon to death for his role in the 1993 Mumbai serial blasts. Though he followed it up a number of review petitions, curative petitions, and mercy pleas, he was eventually hanged on 30th July 2015 in the Nagpur Jail. His death sentence was widely opposed by a number of social groups which accused the court and the government of being unfair to him.

  1. SC allows the Dance bars to be reopened

Putting on hold the Maharashtra Government’s ban on Mumbai’s dance bars, the Supreme Court allowed the dance bars to be reopened. Along with this, the SC also empowered the concerned authorities to regulate the dance performances which they find inappropriate.

Next Story

Mercy for the Nirbhaya Rapists?

Gender discrimination is the root of many evils. While keeping the aspiration of females down, certain males have committed many wrongs in the past.

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Nirbhaya
The Nirbhaya incident in Delhi was “instrumental” in bringing about a kind of gender awareness renaissance in India.

By Salil Gewali

Gender discrimination is the root of many evils. While keeping the aspiration of females down, certain males have committed many wrongs in the past. Apart from various kinds of physical tortures, the mental tortures undergone by defenseless females are endless. Within the confinement of four-walls innumerable sins are still being committed which mostly go unreported. However, it was Nirbhaya’s rape incident in Delhi that was “instrumental” in bringing about a kind of gender awareness renaissance in India. Post-Nirbhaya incident, a lot many changes in the laws have been made. The safety and security of women have been prioritized, the nation-wide the whole police departments have been sensitized, to a greater extent the road transportation has been made women-friendly.

Nirbhaya rape
The public is right and more sensible now to point out the “hard cruelty” with which the gang had sexually tortured Nirbhaya that night.

Thanks to the countless number of protests across the country condemning the six rapists. The people from all walks of life came together and relentlessly pressurized the government that the Nirbhaya convicts must be awarded capital punishment. Media’s contribution in the campaign is immeasurable. Alas, India’s judiciary is so annoyingly slow it has taken over 7 years to pronounce the death sentence.

Nirbhaya rape
Advocate Indira Jaising suggested that the convicts of Nirbhaya rape case could be “forgiven” by the parents.

However, now nothing could be so mind-blowing than the flood of condemnation against the comments by a veteran advocate and social activist Indira Jaising. Without a sense of guilt and potential backlash, she suggested that the convicts be “forgiven” by the parents. Jaising’s idea has clearly touched a raw nerve of the major population in the country. People’s anger is spilled well over social media. What is most noteworthy is the scathing condemnation directly from the horse mouth — the mother Asha Devi. A very bold lady, who determinedly fought for justice for so many years, thunders – “Who is Indira Jaising to give me such a suggestion? The whole country wants the convicts to be executed. Just because of people like her, justice is not done with rape victims,” Asha Devi aptly further adds — “Can’t believe how Jaising even dared to suggest such this; I met her many times over the years in Supreme Court, “not once” she asked for my well-being and today she is speaking for convicts. Such people earn a livelihood by supporting rapists; hence rape incidents don’t stop,”

The latter comments by the Nirbhaya’s mother clearly hint the doubt at the “integrity” of the advocate Ms. Jaising. How on earth that one who has not spoken a word of sympathy in spite of many encounters in the court can reserves the right to suggest that which offends the distressed victim party. Asha Devi deserves a salute for her boldness. Yes, India Jaising is one of the advocates who knocked the door of the Chief Justice of India in the middle of the night in July 2015 in order to seek the mercy for the dreaded terrorist Yakub Menon.

Nirbhaya rapists
In 2015, the Delhi Government proposed to award the Nirbhaya juvenile convicts with Rs 10000/- and a sewing machine.

Again, here is another bombshell to drop which many of us may have forgotten. Can we ever “forgive” for the shocking proposal in 2015 by Delhi Government to award the Nirbhaya juvenile convicts with Rs 10000/- and a sewing machine?  Who has approved such bizarre ideas and which leaders are responsible? What kind of lesson should the citizens take from this?

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I think the public is right and more sensible now to point out the “hard cruelty” with which the gang had sexually tortured Nirbhaya that night. They had used the iron-rod to inflict deep injuries upon the girl which is unspeakable, which is very unpardonable. So, given the increasing cases of rapes and subsequent inhumane cruelty and cold-blooded killings, Capital punishment can be the only answer and “one of the deterrents”. Before the divine retribution, the hard rod of punishment should not be spared at all. 

Salil Gewali is a well-known writer and author of ‘Great minds on India’. Twitter: @SGewali