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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.

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Love Jihad Case : Kerala’s State Women Commission Directs SP to submit report on Hadiya’s Condition

24 year old Akhila had converted to Islam and taken the name Hadiya to marry Shafin Jahan.  However, their marriage was declared null and void by the High Court of Kerala

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Office of Kerala Women Comission
Office of Kerala Women Comission. Official Website KWC

Kerala, October 28, 2017 : A day after a video of Hadiya pleading to be ‘saved’ from her father’s brutalities was released, Kerala’s State Women Commission has directed Kottayam Superintendent of Police to inquire and submit a report on Hadiya’s present conditions.

In the video release at a press conference in Kochi by social activist Rahul Eashwar, Hadiya can be heard saying, “You have to get me out. I am sure I will be killed tomorrow or the day after.” Hadiya claims that her father is physically assaulting her and pleads to be saved in the video before her voice trails away.

The direction came following reports that Hadiya is being sedated and physically abused at her parents’ house.

The State Women Commission has told the SP that an officer not less than the rank of a DSP should conduct the inquiry and submit a report on the condition of the 24-year old woman in love jihad case.

24 year old Akhila had converted to Islam and taken the name Hadiya to marry Shafin Jahan.  Their marriage was declared null and void by the High Court of Kerala after Hadiya’s father Ashokan has approached the court, claiming that his daughter had been forcefully converted and her alleged husband was involved in plans to take her out of the country for questionable reasons.

Consequently, Hadiya’s husband Shafin Jahan had approached the Supreme Court and challenged the order by the High Court of Kerala, which is still hearing the case.

– prepared by Soha Kala of NewsGram. Twitter @SohaKala

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Gorkhaland: SC allows withdrawl of Central Forces from Darjeeling

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The Supreme Court of India
The Supreme Court of India. Wikimedia

New Delhi, October 27: The Supreme Court on Friday allowed the Centre to withdraw seven companies of central paramilitary forces from trouble-torn Darjeeling and Kalimpong districts of West Bengal where the agitation for Gorkhaland, a separate state for Gorkhas took a violent turn.

A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud directed the Centre to withdraw the seven companies of Central Armed Paramilitary Forces (CAPF) for being used for election duties in Himachal Pradesh and Gujarat.

The bench also sought a response from the West Bengal government on the Centre’s appeal against the High Court’s order putting on hold its decision to withdraw 10 of the 15 companies of the central paramilitary forces deployed in the hill district.

The apex court also stayed the pending proceedings before the High Court and said that it will deal with the case in a holistic manner and posted the appeal of the Centre for further hearing on November 27.

In an interim order, the High Court had stayed the withdrawal of CAPF from the Darjeeling hills till October 27 after the state government approached it against the Centre’s decision.(IANS)

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Supreme Court Bans Pet Coke and Furnace Oil to bring down Air Pollution in NCR

India tops the list of biggest consumers of pet coke globally, which emits 11 per cent more greenhouse gases than coal. Consequently, India also records the highest number of deaths with pollution as its main cause

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Supreme Court
Industries employing pet coke and furnace oil emit large amounts of sulphur oxide and nitrogen oxide that can penetrate deep into the lungs and cause respiratory problems. Pixabay

New Delhi, October 25, 2017 : Environmental issues have been on the Supreme Court’s radar lately. After the crackers-ban on Diwali, the Supreme Court on Tuesday banned the use of two cheap but extremely polluting industrial fuels in and around New Delhi in an attempt to clean the air in the national capital region (NCR).

The Supreme Court banned the use of petroleum coke which is a dirtier alternative to coal, and furnace oil and has directed three states namely Haryana, Uttar Pradesh and Rajasthan to notify the ban on immediate basis. The decision came after the Court was informed about the soaring pollution levels in NCR following Diwali due to toxic gas emissions by industries that rely heavily on petroleum coke (commonly called pet coke) and furnace oil.

However, this was not the first time that the two pollutants were banned.

Previously, the hazardous fuels had been banned in Delhi in 1996. However, despite court restrictions, their use continued in the NCR in brick kilns, cement factories, ceramics manufacturers and paper mills.

The new order comes after a government-appointed body, the Environment Pollution (Prevention and Control) Authority (EPCA) found high sulphur levels and recommended banning the two fuels to the court in April.

ALSO READ Was the Ban on Sale of Firecrackers in Delhi Successful? Data on Pollution Levels in Delhi Say Otherwise

On Tuesday, a Supreme Court bench headed by Justice MB Lokur ordered for the ban to come into effect naturally from November 1 in case the government failed to notify the prohibit.

Why Did The Supreme Court Ban Pet Coke and Furnace Oil?

India tops the list of biggest consumers of pet coke globally, which emits 11 per cent more greenhouse gases than coal. Consequently, India also records the highest number of deaths with pollution as its main cause with 2.5 million Indians facing earth deaths in 2015, as per data by The Lancet Commission on Pollution and Health

For an easier comparison, petrol and diesel comprise of 50 PPM (parts per million) of the extremely dangerous sulphur.

On the other hand, pet coke has 69,000-74,000 PPM and furnace oil has 15,000- 23,000 ppm sulphur in its composition.

Industries employing these two fuels emit large amounts of sulphur oxide and nitrogen oxide that can penetrate deep into the lungs and cause respiratory problems like asthma, and bronchitis.

Burning of pet coke also releases sulphur dioxide which is a known cause of several lung diseases and acid rain.

How Will The Ban Affect Industries?

The ban on pet coke and furnace oil is believed to imply heavy losses to the industries using these fuels; the worst hit will be numerous small and medium sized industries that employ thousands of workers.

“Furnace oil is used in estimated
50-60% industries. As an alternate,
we can use CNG but it will cost us
nearly 2-3 times more”
– Dinesh Mittal,
                                     President of Sahibabad Industrial Area, Site-IV, (as told to Hindustan Times)

Pet coke is known to deliver more per-unit energy in comparison to coal, and is also readily and cheaply available which is why small-sized industries depend heavily on them. The low costs make it an attractive offer for the buyers. Banning the fuels may further restrict their ability to expand operations and hire more staff.

The Central Pollution Control Board had submitted a draft on stipulated norms in June which only received attention and was uploaded on the ministry website in October.  The furious Supreme Court also pulled up on the Centre for being insensitive and for “sitting and doing nothing” about the growing pollution levels in the NCR.

The Supreme Court has now ordered for the governments of  Rajasthan, Haryana and Uttar Pradesh to notify the ban and complete the exercise by December 31.