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April 14Th-April 20Th, 2021.Docx Yor mi re! Daily News Page April 14th - April 20th, 2021 Law, Policy and Governance Daily snippets 1. Gyanvapi Masjid: HC moved against lower court’s order - The managing committee of the Gyanvapi mosque in Varanasi and the Uttar Pradesh Sunni Central Waqf Board have moved the Allahabad High Court to restrain the proceedings of a local court which recently directed the Archaeological Survey of India (ASI) to conduct a physical survey of the mosque compound adjacent to the Kashi Vishwanath temple. - The two bodies filed applications in the High Court in the petition in which they had challenged the maintainability of a civil suit pending before the Varanasi district court regarding the title dispute in the case. 2. Delhi HC rejects plea to relax age criterion for vaccine - The Delhi High Court rejected a plea seeking direction to the Centre and the city government to relax the age criterion for COVID- 19 vaccination and to allow more private sector participation in the drive. An HC Bench said the plea appeared to be filed for publicity rather than doing any good to the society. 3. SC calls for details on migrant children’s welfare - The Supreme Court ordered the State governments to provide information on - the number of migrant children in their respective territories; steps taken for their welfare amid a surge in the pandemic, and benefits given to them. - A Bench of Chief Justice of India Sharad A. Bobde and Justices A.S. Bopanna and V. Ramasubramanian directed the States to file their responses. The order came in a petition filed by the Child Rights Trust, represented by senior advocate Jayna Kothari. 4. State obliged to facilitate access to education, says Supreme Court - Access to professional education is not government largesse, the Supreme Court said in a judgment. Bench orders admission to two students in medical colleges. The students moved the top court for justice, saying their fundamental right to education was at the whims and fancies of the government authorities. - The court said the State has an “affirmative obligation to facilitate access to education at all levels”. The court referred to the vision envisaged by the Committee on Economic, Social and Cultural Rights. 5. FASTag does not violate right to free movement: Centre - The Union government has told the Bombay High Court that making FASTag mandatory for all vehicles plying on national highways does not breach a citizen's fundamental right to freedom of movement in any way. The Centre went on to say that the double user fees or penalties imposed on vehicles without FASTag on national highways were in accordance with the National Highway Fee (determination of rates and collection) Rules, 2008. 6. Shoma Sen files plea in HC to quash sanction to prosecute under UAPA - Shoma Sen, an accused in the Bhima -Koregaon case, has filed a plea in the Bombay High Court to quash the sanction to prosecute her under the Unlawful Activities Prevention Act (UAPA). Ms. Sen’s petition also seeks her release on bail as the prosecution’s case is based on fraudulent evidence, which was allegedly fabricated and planted to implicate her. 7. ISRO case: SC asks CBI to look into panel report - The Supreme Court ordered the Central Bureau of Investigation (CBI) to look into Justice D.K. Jain Committee report on senior Kerala police officials who allegedly framed space scientist Nambi Narayanan in the Indian Space Research Organisation (ISRO) espionage case of 1994. - A Bench, led by Justice A.M. Khanwilkar said the report concerned a “serious matter” warranting a CBI probe. The Supreme Court barred the public circulation of the contents of the report. The Supreme Court copy would be placed in a sealed cover. 8. Centre to push judges’ appointments - The Union government offered to decide in three months the Supreme Court Collegium recommendations for appointment of judges in the High Courts pending with it for over half a year. - Appearing before a Special Bench of Chief Justice of India Sharad A. Bobde and Justices S.K. Kaul and Surya Kant, Attorney General K.K. Venugopal made a statement that the High Courts continued to have 220 vacancies because their collegiums had not forwarded any names. Mr. Venugopal said those collegiums should be put on a clock to forward their recommendations. 9. Shun vaccine nationalism, say scientists - The All India People’s Science Network (AIPSN), in a statement issued on handling the second wave of the COVID -19 pandemic in India, said vaccine nationalism was a “wholly misconceived” idea and it must be given up. AIPSN says export restrictions undo the goodwill earned by India’ earlier. 10. Girls face more pressure during pandemic: study - Twenty-five girls from seven cities set out to interview their peers to record the impact of COVID -19 on their lives and found that adolescent girls were grappling with an increased pressure to get married, spent longer hours on household chores, lacked tools to continue school education online, and reported an increase in gender based violence. - On concluding the field research, seven girl leaders finalised a list of priority recommendations which include establishing girl-friendly spaces within the community such as skills training centres and violence free spaces. 11. NIA declares ₹7 lakh bounty on Hidma - The National Investigation Agency (NIA) has declared a reward of ₹7 lakh for the arrest of Madvi Hidma, who heads the People’s Liberation Guerrilla Army (PLGA) Battalion 1 of the Maoists, a lethally armed and trained unit of the banned group active in southern Chhattisgarh, one of the worst areas affected by Left Wing Extremism. 12. Request for withdrawal of advisory on J&K reporting - The Editors Guild of India (EGI) called for the Kashmir police to withdraw its advisory against live reporting of encounters. The EGI said the security forces were trying to escape scrutiny about the events behind instances of violence. It said the Kashmir police advisory was draconian and undemocratic. 13. Regulate groundwater use in cricket fields - Following a plea seeking remedial action against the use of groundwater for the maintenance of cricket fields, the National Green Tribunal (NGT) has directed the Jal Shakti Ministry to consider regulating extraction of groundwater for the purpose. The NGT has asked the ministry to act with a sense of responsibility to reduce environmental footprint. The directions came on a plea moved by petitioner Haider Ali seeking action against the use of groundwater for maintaining cricket fields. 14. Copyright war - On April 5, the U.S. Supreme Court ruled in favour of Alphabet Inc.’s Google in a case where it was accused by Oracle of violating the country’s copyright law. The case, dubbed “the copyright case of the century”, began with Oracle’s charge in the San Francisco federal district court in 2010 that Google’s Android platform infringed upon its copyright in a platform called Java SE. - In the process of finally being decided by the U.S. Supreme Court in a 6 2 verdict, this case made its journey through a federal district court and an appellate court twice. The Supreme Court said Google’s copying was transformative, as it “copied only what was needed to allow programmers to work in a different computing environment” (which is Android) using a familiar programming language ( Java). - There is a view that the software industry is relieved that the Supreme Court differentiated between the type of code Google copied, i.e., software interface, and other creative codes. 15. The battles of a space dreamer - When S. Nambi Narayanan, a senior ISRO scientist, was arrested on November 30, 1994, on charges of leaking secrets pertaining to the Indian space programme to foreign nationals, little did anyone think it would one day be looked upon as the starting point of one of the most extraordinary battles for justice the country has witnessed. - When the landmark verdict of the Supreme Court came out in 2018, Mr. Narayanan had told the media that he planned to do something that he had been forced to put off for almost 25 years - spending time with his family. While commenting on the latest SC decision, Mr. Narayanan says he has succeeded in fulfilling that dream in the past several months. 16. Explain basis for approving policies, Delhi HC asks insurance body - The Delhi High Court has asked the Insurance Regulatory and Development Authority of India (IRDAI) to explain on what basis it was approving insurance policies that excluded mental conditions from full coverage, noting that “a large number of insured persons would be affected by such an insurance policy”. - Justice Prathiba M. Singh said that a perusal of the Mental Healthcare Act of 2017, makes its clear that “there can be no discrimination between mental illnesses and physical illnesses and the insurance provided in respect thereof”. 17. Those dealing in narcotics key in causing deaths: SC - Persons dealing in narcotic drugs are instruments in causing the deaths of innocent and vulnerable victims, the Supreme Court said, adding that merely because an accused is poor is not reason enough to give him a lesser punishment. - A Bench of Justices D.Y. Chandrachud and M.R. Shah said while awarding a sentence under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, the interest of the society had to be taken into consideration. ---------------------------------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------- National News/ Interventions Daily snippets 1. WhatsApp: CCI defends nod for probe - The Competition Commission of India defended before the Delhi High Court its decision calling for an investigation into the new privacy policy of Whatsapp. The competition watchdog, represented by Additional Solicitor General Aman Lekhi, said the probe order was made to gauge whether access to data would lead to abuse of dominant position.
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