The year 2015 was undoubtedly one of the most exhilarating years in the history of the Supreme Court of India. A combative political climate meant that there was great public scrutiny whenever a case involving the Central government came up for hearing before the Supreme Court.
In addition, a tumultuous relationship between the Bench and the Bar, controversial elevations (and non-elevations) kept the apex court in news.
The year began with a challenge to the National Judicial Appointments Commission. Meanwhile, the Supreme Court Bar Association (SCBA) under President Dushyant Dave, decided to take the fight to the Bench on two occasions. The Bench and Bar were at loggerheads once again when Dave wrote a scathing letter to Chief Justice Dattu opposing the proposed elevation of the then Bombay High Court Chief Justice, Mohit Shah.
The Court also witnessed an unprecedented incident when it opened its doors at two-thirty in the morning to hear an appeal by Yakub Menon. Memon was hanged two hours after the Court rejected his petition.
This year also saw some landmark judgments being delivered – Section 66A of the Information Technology Act was struck down; the National Company Law Tribunal was upheld, as was Haryana’s law mandating educational qualifications for contesting Panchayat elections.
Below is a detailed list of events which the Supreme Court was privy to in 2015.
January 5: NJAC challenge revives in Supreme Court; AoR Association, Senior Advocates file petitions.
The in-house mechanism adopted by the court in 1999 to deal with complaints against judges of Supreme Court and High Courts is published on the website of the Supreme Court.
January 8: Court revises scheme for engagement of law clerks, opens it to graduates from non – NLUs.
January 14: Centre shoots down PIL seeking use of Hindi as language in Supreme Court, High Courts.
January 22: Court pronounces its judgment in the controversy pertaining to match fixing in Indian Premier League; finds Gurunath Meiyappan and Raj Kundra guilty of betting, absolves former BCCI President N Srinivasan of covering up the same but bars him from contesting the BCCI elections.
January 28: Constitutional validity of definition of NPAs in SARFAESI Act upheld by a Division Bench of Jasti Chelameswar and SA Bobde JJ.
February 5: Court rules that non-disclosure by a candidate of his of criminal antecedents as mandated by law will make election null and void
February 12: Senior Advocate Dushyant Dave writes to Chief Justice HL Dattu opposing elevation of the then Bombay High Court Chief Justice Mohit Shah to the Supreme Court.
February 13: Court stays arrest of activist Teesta Setalvad in the case relating to alleged misuse of Gulbarga society funds.
February 28: Supreme Court plans to pass resolution demanding respectful treatment of lawyers by the then Chief Justice, HL Dattu and PC Ghose J.
March 10: SCBA defers passing of resolutions after CJI meets the SCBA President and assures co-operation.
Hearing in a batch of petitions challenging the Constitutionality of the National Judicial Appointments Commission commences before a 3-judge Bench presided by Justice Anil R Dave.
March 11: In a judgment which went on to receive a lot of flak, the Supreme Court holds that soldiers cannot moves High Court under Article 226 when appellate remedy is provided to the Supreme Court against ruling of an Armed Forces Tribunal.
March 17: Jat community is not a backward community eligible to be included in the Central List of Other Backward Classes (OBC) of nine States, rules Supreme Court; quashes the notification issued by the Central government in 2014 whereby OBC status was accorded to Jats in 9 States.
March 24: In one of the most widely discussed judgments of recent times, the Supreme Court strikes down Section 66A of the Information Technology Act, 2000 as unconstitutional. It also reads down Section 79 (3) (b) of the Act and Rule 3(4) of the Intermediary Rules to the effect that an intermediary will be liable only if a court order has been passed directing “take down” of the content.
Notice to advocates ML Sharma and AP Singh in petition by SC Women Lawyers Association seeking debarment from court premises for their remarks in the BBC documentary on the December 16 Delhi gang rape.
March 25: Former Prime Minister Manmohan Singh, industrialist Kumar Mangalam Birla move the Supreme Court seeking quashing of the summons issued by the special CBI Judge hearing the cases pertaining to Coalgate; Court later stays the summons.
March 27: Court refuses to entertain an appeal from Allahabad High Court challenging the decision to not have any age limit for writing the Common Law Admission Test.
April 3: Justice Kurian Joseph objects to holding Chief Justice’ conference on Good Friday, writes to CJI HL Dattu.
April 6: Court issues notice in an appeal filed by Lawyers Collective challenging the Bombay High Court judgment of 2009 which had held that foreign law firms could carry on their liaison activities in India only on being enrolled as advocates under the Advocates Act, 1961 and further held that the expression “to practice the profession of law” is wide enough to cover persons practicing in litigious matters as well as persons practicing in non-litigious matters in India.
April 7: A three judge Bench of the Court refers the petitions challenging the Constitutionality of National Judicial Appointments Commission to a Constitution Bench.
Senior counsels Andhyarujina, K Parasaran made Amicus Curiae in challenge to criminal defamation provisions in the Indian Penal Code and Code of Criminal Procedure.
April 10: Court refuses to entertain advocate Prashant Bhushan’s PIL against former Supreme Court judge, CK Prasad.
April 20: Supreme Court is WiFi enabled .
April 22: Court admits the petitions challenging the Constitutionality of the National Judicial Appointments Commission; issues notice to Central government and all States.
April 23: Five advocates designated Senior by the Supreme Court – Mahalakshmi Pavani, Rana Mukherjee, Sanjay Hegde, Subramonium Prasad, and V Mohana.
April 26: Court rules that the appointment of Bhavani Singh as the Special Public Prosecutor in AIADMK supremo Jayalalithaa’s appeal in Karnataka High Court in the disproportionate assets case is bad in law, however turns down prayer for rehearing the appeal.
April 29: Senior Advocate Indira Jaising writes a letter to the Chief Justice of India and his brother judges alleging lack of transparency in designating Senior Advocates.
May 11: Madras High Court approaches Supreme Court against an order given by its sitting judge Justice CS Karnan; Court stays Justice Karnan’s order.
May 13: Photographs of President, Prime Minister and Chief Justice of India alone can be carried in government advertisements, rules Supreme Court.
May 14: Court upholds Constitutionality of National Company Law Tribunal; directs that non-judicial/technical members of National Company Law Tribunal and National Company Law Appellate Tribunal should be persons above the rank of Additional Secretary in the service of Government of India.
Retired Supreme Court judge Justice Markandey Katju alleges of amassment of disproportionate assets by Justice HL Dattu.
May 20: Court issues notice to the Central government, Haryana government, CBSE and the Medical Council of India in a petition seeking cancellation of the All India Pre-Medical/ Pre-Dental Entrance Test, 2015 alleging leaking of question papers.
June 8: Part II of the NJAC hearing commences as the Constitution Bench hearing the case assembles during summer vacation to hear the matter.
June 15: Court cancels AIPMT 2015 and directs CBSE to hold fresh exam within a month.
June 23: Karnataka government appeals to the Supreme Court against the judgment of the Karnataka High Court acquitting Tamil Nadu CM Jayalalithaa in the disproportionate assets case.
July 1: Court clarifies its stance on “compromises” in rape cases. A Bench of Dipak Misra and PC Pant JJ condemns the practice of allowing compromise in rape cases.
July 2: Court refuses to divulge details regarding medical expenses incurred by Supreme Court judges. A three-judge Bench of Chief Justice HL Dattu and Arun Mishra and Amitava Roy JJ. dismisses an appeal against a Delhi High Court judgment which had held that this information is outside the purview of the RTI Act.
July 3: Former Chief Justice of India YK Sabharwal passes away.
July 4: Relationship between the Bench and the Bar turns sour once again as the SCBA moots a resolution to boycott all official functions involving judges.
July 7: Senior Advocate Indira Jaising files a petition challenging the current procedure followed by the Supreme Court for designating Senior Advocates.
July 8: SCBA defers passing of controversial resolution after Senior Advocates KK Venugopal and Kapil Sibal mediate between the Bench and the Bar.
July 13: Costs of Rs. 10 lakh is imposed on liquor baron Vijay Mallya while dismissing his petition seeking quashing of proceedings initiated against him for violation of the Foreign Exchange Regulation Act, 1973.
July 15: Court reserves its judgment in the challenge to the National Judicial Appointments Commission.
July 26: In yet another DK Basu judgment on prison reforms, the Supreme Court lays down guidelines including the installation of CCTV cameras in prisons and police stations.
July 27: Court dismisses Central Government’s Special Leave Petition challenging the Madras High Court judgment which deemed certain provisions of the Trademarks Act dealing with setting up of IPAB as unconstitutional.
July 28: Greenpeace activist Priya Pillai moves Supreme Court challenging the provisions relating to criminal defamation and quashing of a criminal complaint filed against her by Essar Limited.
July 29: Supreme Court dismisses the petition filed by Mumbai blasts accused Yakub Memon challenging the death penalty awarded to him.
A lawyer allegedly molests a lady lawyer and an intern inside court 4 during the hearing of Yakub Memon’s petition.
July 30: Drama at midnight as Yakub Memon’s lawyers approach the Court seeking another hearing. Court assembles at 3.20 am and hears Memon who contends that a minimum period of 14 days should be there between the rejection of mercy plea by the President and the hanging of the convict. Court rejects the plea at 5 am and Memon is hanged to death two hours later.
August 2: Three-judge panel constituted after an order by the Supreme Court concludes that there is no sufficient material against Madhya Pradesh High Court judge accused of sexual harassment.
August 4: Controversy surrounding improper valuation in Delhi Judicial Service Exam reaches Supreme Court; Court issues notice in the petition seeking revaluation.
The lawyer who molested a lady lawyer and an intern inside court 4 of the Supreme Court submits a written apology; the apology is accepted.
Court agrees to re-examine its decision in Union of India v. Major General Shri Kant Sharma which disrobed High Courts of its Article 226 jurisdiction with respect to orders from Armed Forces Tribunal; Issues notice to Central government.
August 10: Bombay High Court’s dismissal of a challenge to the levy of service tax on lawyers is stayed.
August 11: Hearing in the case pertaining to Aadhaar referred to a larger Bench to decide whether right to privacy is part of fundamental right or not.
August 12: Court issues notice to the CBI in Dayanidhi Maran’s appeal against the Madras High Court judgement cancelling his anticipatory bail.
August 12: Relief for Dayanidhi Maran as Court halts his arrest by CBI in a case pertaining to misuse of telephone lines.
August 13: Court hears the appeal filed by UBER rape victim challenging the permission granted to the accused to re-examine 13 witnesses in the trial.
August 18: Court receives an anonymous email threatening bomb blast inside the court campus; temporarily bans entry of interns and law students in to high security zone.
August 19: Court drops imprisonment sentence against Ansal brothers convicted in the Uphaar cinema tragedy; slaps a fine of Rs. 30 crore each.
August 20: Committee constituted by the Supreme Court directs suspension of license for 3 months of drivers involved in traffic violation.
August 24: The International Tribunal for the Law of the Sea directs India and Italy to suspend court proceedings, pending the decision of an arbitral tribunal; proceedings in Supreme Court and trial court come to a halt.
August 30: Court issues notice in the transfer petition filed by the Bar Council of India seeking a transfer of petitions before different High Courts challenging the Certificate and Place of Practice (Verification) Rules, 2015.
August 31: Court stays a judgment of the Rajasthan High Court which had held that the practice of Santhara among adherents of Jain religion will attract penal liability under Section 309 of the Indian Penal Code.
September 4: Court issues notice to the Central Government, Rajiv Gandhi National University of Law, Patiala and Chairman of the Bar Council of India, Manan Kumar Mishra in a PIL filed by Prof. Shamnad Basheer seeking the constitution of a permanent body for conducting the Common Law Admission Test.
September 10: Court allows the appeal filed by the Uber rape victim and the State of Delhi challenging the Delhi High Court verdict which had allowed re-examination of 13 witnesses in the trial court.
September 11: Notice issued to Delhi High Court Bar Association and the Delhi Co-ordination Committee of District Bar Association for holding strikes on the issue of pecuniary jurisdiction.
September 14: Court dismisses petition challenging the Advocate-on-Record system followed in the Supreme Court.
Notice issued in petition filed by the All India Judges Association seeking review of the service conditions of the members of subordinate judiciary.
September 15: Court restarts hearing in a petition filed by NGO Common Cause seeking investigation into the corruption charges against former Chief Justice KG Balakrishnan.
September 18: Court hears an appeal filed by the Animal Welfare Board of India, challenging a 2006 judgment of the Kerala High Court which empowers local self government institutions to kill stray dogs; tags it with a similar case from Bombay.
September 19: Supreme Court launches the National Judicial Data Grid to track pendency in district courts across the country.
October 1: Hearing begins in a petition challenging the examination of a rape victim resident in Ireland via Skype.
October 8: Court issues notice to Central government and Delhi government in a petition filed by three infants seeking a ban on fireworks and crop burning.
October 9: Environment Compensation Charge imposed on light and heavy duty commercial vehicles entering Delhi.
October 15: Interim order pertaining to the use of Aadhaar modified. Voluntary use of Aadhaar for MNREGA scheme, Pradhan Mantri Jan Dhan Yojna, Provident Fund scheme and Pension scheme permitted.
October 16: In a landmark 1,030-page judgment, the Court strikes down the National Judicial Appointments Commission as unconstitutional; agrees to hear suggestions to reform the Collegium system.
October 27: Court takes suo moto cognizance of discrimination faced by Muslim women in the personal sphere relating to marriage and divorce and directs registration of a Public Interest Litigation petition to consider the issue.
October 28: Court asks government to reconsider the policy of reservation in super- specialty and post graduate courses.
November 2: No stay on the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 as the Supreme Court makes it clear that the BCI is to free to continue with the processes initiated under the Rules.
Supreme Court Bar Association decides to file a writ petition in the Supreme Court for a “complete and comprehensive overhaul of infrastructural facilities” in the Supreme Court.
Court issues notice to Bombay High Court and Maharashtra government in a case challenging the transfer of a dispute relating to NLU Aurangabad from the Aurangabad Bench to the Principle Bench.
November 3: Hearing in the second part of Collegium-NJAC case begins as Court commences hearing in reforming the Collegium system.
November 5: In an unprecedented move, the Supreme Court invites suggestions and inputs from the public on improving the Collegium system of judicial appointments.
November 17: In an important development in the case against former Chief Justice of India KG Balakrishnan, Central government through Attorney General Mukul Rohatgi informs the Court that there can be no CBI investigation against Justice Balakrishnan in the disproportionate assets case.
November 23: Court holds that a wife can file an application under Section 12 of the Domestic Violence Act, 2005 (Act) even after a judicial separation.
November 25: A compact disc is a document under Section 3 of the Indian Evidence Act, 1872, rules Supreme Court; Holds that a CD has to be exhibited/played by the trial court to enable the public prosecutor to admit or deny its genuineness under Section 294 of the Code of Criminal Procedure.
November 26: Supreme Court celebrates Law Day.
November 27: Relief to Law Minister Sadananda Gowda as the Court sets aside a 2012 judgment of the Karnataka High Court whereby it had quashed construction permits pertaining to a plot allotted to Gowda and BJP leader DN Jeevaraj.
Court refuses to entertain a petition seeking the removal of Former Karnataka High Court Chief Justice Bhaskar Rao from the post of Lokayukta.
December 2: In the case challenging release of convicts in the Rajiv Gandhi murder case, Supreme Court holds that State government cannot unilaterally decide on the remission of sentence where Central agencies were involved in the investigation.
Chief Justice HL Dattu retires.
December 3: Justice TS Thakur takes over as the new Chief Justice of India.
December 7: A Public Interest Litigation petition seeking the translation of Supreme Court judgments to Schedule VIII languages of the Constitution is dismissed.
December 8: In what could be considered as post-Laxmi jurisprudence, Court directs all States and Union Territories to include acid attack victims in the disability list.
December 10: The former Additional District and Sessions Judge, who had accused sitting Madhya Pradesh High Court judge, SK Gangele of sexual harassment, approaches Supreme Court challenging the findings of the three-judge panel which had concluded that there was insufficient evidence to substantiate the charges levelled by the District judge (Reported by Bar & Bench on December 10).
Court upholds the law laying down education qualifications for contesting Panchayat polls in Haryana.
December 11: Senior Advocate Dushyant Dave is elected the President of the Supreme Court Bar Association for a second consecutive term.
Ambiguity surrounding age limit for studying law in the country persists as the Supreme Court dismisses an appeal by the Bar Council of India challenging the Madras High Court’s decision to quash a Bar Council of India notification which purported to do away with the age limit for LLB courses.
Court appoints former Supreme Court judge and former Chairman of Law Commission, Justice P Venkatarama Reddy to re-examine the answer sheets of those candidates who had cleared the preliminary examination of the Delhi Judicial Service, 2014 .
December 16: A very eventful day as the Court delivers several important judgments.
In what could be the final judgment in the NJAC-Collegium case, the Court leaves it to the Central government to amend the Memorandum of Procedure governing the working of the Collegium system; gives broad suggestions to the Centre to take into account while amending the Memorandum.
Court passes a slew of directions to combat the menace of air pollution in the capital; bans registration of Diesel cars above engine capacity of 2000 cc in Delhi.
In the sexual harassment case against Justice SK Gangele of Madhya Pradesh High Court, Supreme Court gives a direction that the report of the 3-judge committee will not prejudice other proceedings pertaining to the matter.
Justice (Retd.) Virendra Singh is appointed as Lokayukta of Uttar Pradesh after the State government and other Constitutional functionaries of the State failed to comply with the ultimatum given by the Court (the oath taking of Justice Singh was subsequently deferred after the Court heard another petition alleging that the UP government had misled the Supreme Court by including the name Virendra Singh J. in list of names for appointment as Lokayukta). Read the full story here.
Court holds that Reserve Bank of India is duty bound to comply with the RTI Act, 2005 and cannot deny information sought under the Act merely by citing economic interest.
It is also the last working day for Justice Vikramajit Sen; Court closes for winter break.
December 21: Petition filed by the Delhi Commission for Women seeking the examination of the mental health of the juvenile convict in the Delhi gang rape of 2012 is dismissed by a vacation Bench comprising Justice AK Goel and Justice UU Lalit.
December 29: A Division Bench comprising Justice Vikramajit Sen and Justice Shiva Kirti Singh upholds the liquor policy formulated by Kerala government to regulate Bars in the State.
The post The Yearly Reports: The Supreme Court of India’s 2015
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