Daily Legal Updates for Law Exams: 13th January 2022

UPSC Exams : Supreme Court Asks Disabled Candidate Seeking Same Attempts As SC/ST Candidates To Approach HC

• The Supreme Court refused to entertain a writ petition seeking equal relaxation to candidates belonging to physically handicapped category with SC/ST candidates in the upcoming Civil Services Notification in relation to the maximum number of attempts.

• When the matter was called for hearing the bench of Justices L Nageswara Rao and BR Gavai asked the petitioner's counsel to approach the Delhi High Court.

• "Why have you come here? Why don't you go to the HC? You think that can't be done by the HC? Why should we entertain the petition here? Withdraw it and go to the Delhi High Court,"remarked the bench while refusing to entertain the writ.

• Accordingly, the bench in its order said, "Learned Counsel for the petition seeks permission to withdraw this petition filed under Article 32 of the Constitution to approach the High Court for redressal of his grievances under Article 226 of the Constitution. Permission granted. The writ petition is accordingly dismissed as withdrawn with aforesaid liberty."

• The writ preferred was by one Devendra Sharma who appeared in the Civil Services Examination 2018 under the reserved disabled category of PH-3 (hearing impairment).

• It was argued in the petition that disparity in relaxations given to SC/ST candidates and PwD candidates amounted to discrimination and violation of right to equality.

• "Both the Respondents DOPT and UPSC have limited and apportioned only 9 attempts for the candidates belonging to PwBD General/OBC/Economically Weaker Section category. However, there is no such limitation/cap on the number of attempts candidates belonging to the SC/ST category. Thus, the same is in direct violation of Article 14, 16 & 21 of the Constitution of India," the petition had stated.

Source: Bar & Bench

"We Are Liberal Now In Granting Bail Because Of Covid": Supreme Court In Case Of AIADMK Leader K.T. Rajenthrabhalaji

• The Supreme Court of India on Monday expressed its inclination towards granting a one month interim bail to former AIADMK Minister K.T. Rajenthrabhalaji accused in a Government job scam.

• A Bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant, and Justice Hima Kohliwas hearing a special leave petition challenging Madras High Court's order rejecting anticipatory bail applications filed by Bhalaji.

• The Bench proposed to grant one-month interim bail to the petitioner till the court decides the case, and liberty to the State to file the relevant documents before the Court in the meanwhile.

• "We are very liberal now. Because of covid, we are granting bail to all people," the CJI orally observed.

• However, after Senior Advocate Mukul Rohatgi appearing for the State of Tamil Nadu urged the Court to allow him to place preliminary investigation material on record before the court passes any order, the Bench adjourned the matter till 10th January.

• During the hearing today, Senior Advocate Dushyant Dave appearing for the petitioner submitted that in the Covid prisoners matter, the Supreme Court had itself categorically said that authorities must circumspect before arresting someone and sending them to jail.

• He submitted that recently, a Bench led by Justice SK Kaul warned every Magistrate and every police official in the country to not arrest people for offences where the sentence is 7 years or less

• On the last occasion, the Supreme Court of India had criticized the State of Tamil Nadu for arresting former AIADMK Minister K.T. Rajenthra Bhalaji even when his plea was pending before the Supreme Court and for the alleged raids on the lawyers who represented him.

• The Bench had directed AAG Krishnamurthy to file a counter affidavit and seek instructions.

• A single-judge bench of Madras High Court had in the impugned order noted that it is pertinent for the investigation to be concluded first and it is not inclined to grant anticipatory bail in a matter pertaining to job racketeering allegations, regardless of the position or status of the alleged person.

Source: Bar & Bench

Complete Process Of Issuance Of Voter IDs To Sex Workers' : Supreme Court Directs States

• The Supreme Court granted State Government/Union Territories two weeks time to the states to file status reports relating to the issuance of ration cards/Voters Identity cards and Aadhar Card to sex workers.

• While granting time, the bench of Justices L Nageswara Rao and BR Gavai also directed the States/UT's to complete the process of issuance of voter cards/ration cards of sex workers.

• Directions were also issued to the Community Based Organisations to submit a list of sex workers to be identified by the District Legal Services Authority or the concerned State AIDS Control Societies. The bench further directed for forwarding the list to the State Governments/ UT's for issuance of Aadhaar/Voter Cards.

• "The states/UT's are directed to complete the process of issuance of Voter Cards and report to this court within a period of 2 weeks from today. The basis of identification of sex workers need not be restricted to lists prepared by NAACO. Community based organisation shall submit a list of sex workers which shall be identified by DSLA/concerned states AIDS Control society. On such a suggestion, a list shall be forwarded to SG/UT's for issuance of Voter Cards/Ration Cards,"the bench said in its order. The Top Court in its order also recorded that a large number of sex workers had Ration Cards and dry ration was also being provided to the sex workers who did not have ration cards without insisting on proof of residence.

• The bench in its order also noted that the counsel for UIDAI would take instructions for considering to grant Aadhar cards to the sex workers based on the list submitted by NACO without insisting on residential proof.

• The documents filed along with the affidavit show that the proof of residence has to be submitted for issuing Aadhar cards. Mr Zoehb Hussian(appearing for UIDAI) submitted that he would take instructions on the suggestions by Amicus Curia regarding exemption on submitting proof by sex workers who can be given Aadhaar on the basis of list submitted by NACO," bench in this regard said in the order.

• "They already have a list of sex workers prepared by NAACO which was being used for the purpose of giving them aid. You can consider giving aadhaar based on this without residential address verification. That is what we are seeking. We'll pass the order of UIDAI after 2 weeks, and consider the suggestions," remarked Justice LN Rao.

Source: Bar & Bench