Supreme Court Observer

✨Good morning! Here are SCO's must-reads for the day: ⛓️ On May 25th the Jammu & Kashmir High Court, while granting bail to Peoples Democratic Party youth leader Waheed Para, held that merely being spotted with a member of a terrorist organisation was not grounds for attracting the UAPA. The UAPA is a anti-terror legislation, frequently criticised for violating the rights of accused persons. In 2019, the Act was amended to allow the Union Government to identify not just organisations but also individuals as terrorists. Sajal Awasthi and the Association for Protection of Civil Rights challenged the 2019 Amendment at the Supreme Court in August 2019 stating that it violates the Right to Equality and Freedom of Speech. Read SCO's coverage of the pending challenges here (https://bit.ly/3lPpyAe). 🛕 On May 10th, in response to a petition seeking minority status for Hindus in certain states, the Union Government filed an affidavit stating that the power to identify minorities is vested with the Union. However, in a previous affidavit filed on March 25th the Union stated that States could identify minorities as well. The SC stated that it did not appreciate the apparent 'backout' from the Unions previous stance, stating that it creates uncertainty. SCO reported on the petition. (https://bit.ly/3z0ULIF) 💉 On May 20th, Austria's Health Ministry announced that it change their blood donation rules such that they do not discriminate against people on the basis of their sexual orientation. On May 25th, the Norwegian Directorate of Health announced as well that they would change their guidelines to may it easier for homosexual men to donate blood. The Indian guidelines currently ban transgender persons, homosexual men and female sex workers from donating blood. SCO has reported on the constitutional challenge to the blood donation guidelines. (https://bit.ly/3t3tSjA)

Editor’s note: The second message in today’s daily update says that the SC will reopen on 9th June. The correct date of opening is 9th July. The error is regretted.

✨Good morning! Here are SCO's must-reads for the day: 🕌 The Anjuman Intezamia Masjid committee approached the Varanasi District Court yesterday to keep the reports and video surveys of the Gyanvapi Mosque investigation from being disclosed to the public. The Gyanvapi dispute began around 350 years ago. SCO breaks down its complex history into a simple timeline. (https://bit.ly/3wXfAlq) 🧑🏻‍⚖️ On 23rd May, the SC broke for summer vacation. It will begin functioning at full capacity again after 9th June 2022. As this first term of the SC ends, we look at the retirements expected in the coming year, and the effects a reduced strength of the Bench may have on pendency. (https://bit.ly/3PKzloZ). 📧 Have you subscribed the to SCO Desk Briefs yet? Click on the link for interesting insights into the Supreme Court straight to your inbox! (https://cdn.forms-content.sg-form.com/620563d4-c824-11eb-88bb-e26780836c2a)

✨Good morning! Here are SCO's must-reads for the day: ⛓️ May 25th marked another day in Umar Khalid's ongoing bail proceedings at the Delhi High Court. Khalid is charged with various criminal offences and under the UAPA for his alleged involvement in the 2020 Delhi Riots. The Bench and Sr. Adv. Trideep Pais (representing Mr. Khalid) locked horns over whether the Court should examine the veracity of evidence against the accused while granting bail. The pedantic nature of the day’s hearings visibly affected the Bench. Justice Siddharth Mridul, one of two Judges on the Bench, was seen with his eyes closed, rubbing his temples before adjourning the hearings for the day. The matter will be heard next on Monday, May 30th, 2022. (https://bit.ly/3xbOebF) 🛕 On May 25th, Swami Jeetendranand Saraswati, a religious leader, filed a petition at the SC. Amidst other arguments, the petition challenged the constitutionality of certain provisions of the Places of Worship (Special Provisions) Act, 1991. This comes off the back of Advocate Ashwini Kumar Upadhyay's petition filed at the SC on May 23rd, seeking its intervention in the Gyanvapi mosque on similar grounds. In 2020, Upadhyay first filed a petition at the Court challenging the Act's constitutionality—especially given that it 'bars judicial review' and 'violates the principles of secularism' by harming the interests of Hindus, Sikhs, Buddhists, and Jains. Former CJI Sharad Bobde issued notice in the case, however, the matter remains pending. SCO's case background parses through these arguments. (https://bit.ly/3PNR27e)

✨ Good Morning! Here are SCO’s must-reads for the day: ⛓️ Yesterday, the Delhi High Court heard Umar Khalid’s bail application, with the petitioners presenting their arguments for the third straight day. Khalid has been charged with various criminal offences for his alleged involvement in the Delhi Riots. Sr. Adv. Trideep Pais argued that many of the allegations made against Khalid were fabricated and lacked proof. More on the Proceedings here (https://bit.ly/3t1s2PZ). 🕌 On Tuesday, Varanasi District Court Judge A.K. Vishvesha said that he would hear the plea filed by the Gyanvapi Mosque Management Committee on May 26th, giving it priority as per the SC’s Order on May 20th. SCO reported on the SC proceedings (https://bit.ly/38hIxjT) and the impact of the Ayodhya Judgment in the case (https://bit.ly/3MNGiDH). 📈 On May 10th, a 3-Judge Bench of the SC delivered an order on the delay in disposal of criminal trials and expressed concern about the staggering number of pending criminal appeals pending at the High Court level. SCO reported on the effect of COVID-19 on pendency in the Supreme Court (https://bit.ly/38Pnp4H).

✨Good morning! Here are SCO's must-reads for the day: Yesterday 4 Supreme Court judges completed 3 years at the Supreme Court. Justice B.R. Gavai was a judge in Bombay High Court for 16 years. Gavai J is the first Scheduled Caste Judge to serve at the Supreme Court in 9 years—a decision made actively by the SC collegium to give ‘due representation’ to persons belonging to the Scheduled Caste and Scheduled Tribe categories. In 2025, Gavai J will serve as the CJI for a little over six months.(https://bit.ly/3sYouOr) Justice Surya Kant was previously the Chief Justice of Himachal Pradesh High Court. Although Kant J was the 11th in the all-India seniority list across High Courts at the time of his SC appointment, the Collegium gave importance to ensuring representation from all High Courts. If the rule of seniority is followed, Kant J will serve as Chief Justice of India in 2025. He will retire on February 9th 2027. (https://bit.ly/39TwKsw) Justice Aniruddha Bose was previously the Chief Justice of the Jharkhand High Court, between 2018 and 2019. Bose J’s elevation to the Supreme Court was confirmed only after the Collegium reiterated his name a second time for elevation. Bose J will retire on April 10th 2024. (https://bit.ly/3LXcVOp) Justice A.S. Bopanna was the Chief Justice of the Gauhati High Court in 2018 before being elevated to the SC in 2019. Bopanna J will retire on May 19th 2024. Most notably, Bopanna J was on the Bench that upheld the Constitutional validity of the reservation for OBC candidates in the AIQ NEET seats for PG and UG medical students (https://bit.ly/3sYnaLt). He was also on the 3-Judge Bench that stayed the implementation of the highly contested Farm Laws (https://bit.ly/3wKKpLv).

✨Good morning! Here are SCO's must-reads for the day:  ⏳Last week, the Supreme Court transferred the Gyanvapi Mosque Dispute from a Civil Court to the 'more seasoned hand' of a District Judge in Varanasi. Critically, while delivering the Order, Justice D.Y. Chandrachud noted that a survey into the mosque's origins, the bone of contention in this dispute, is not tantamount to changing the religious structure of the mosque. This implies that the survey does not violate the Places of Worship Act, 1991—which is the mosque's complaint. SCO's Court Reporter covers what transpired in Court Room 4 last Friday (https://bit.ly/3MIZoea). Our archive details the pending challenges to the constitutionality of the 1991 Act at the SC—an Act which petitioner Advocate Ashwini Kumar Upadhyay claims harms the interests of Hindus, Buddhists, Jains, and Sikhs in India. (https://bit.ly/3aiVvyt) ⛓️Last week, the Delhi High Court listed Umar Khalid's bail plea for regular hearing. Khalid is charged with various criminal offences, including sedition, and under the UAPA too. While doing so, the HC debated whether Khalid's public statements in the run-up to the 2020 Delhi Riots were calls to violence or not. Were words synonymous with revolution, like inquilab or krantikaari, incendiary language? SCO reports on the proceedings (https://bit.ly/3wJ5UuH). Our list of must-reads on sedition explores the chilling effect sedition law has on free speech—especially when implemented arbitrarily. (https://bit.ly/3sTam9e) 👨🏾‍⚖️Last Friday, Justice L.N. Rao celebrated his last day at the Court before his retirement in June. SCO traces Rao J's career at the Court—and the many critical cases he adjudicated. (https://bit.ly/3PEbAyH)

✨Good morning! Before you move on to SCO's must-reads for the day, we need your help! 📝We're collecting feedback on SCO's archival journalism and we value yours—we would really appreciate it if you could please fill out this short survey to tell us what you think of SCO. It should take no more than 5 minutes to complete and will immensely help us create something that is of value to you. Thank you! (https://bit.ly/3FLEcBW) ⏳In today's must-reads: 🕌 On May 20th 2022, the last day before summer vacation, the SC transferred the Gyanvapi Mosque Dispute from the Varanasi Civil Judge to the ‘more seasoned hand’ of a District Judge. The District Judge must decide whether the Civil Judge's Order allowing a survey to ascertain the character of the site was legal. Read SCO's court-side hearing report here. (https://bit.ly/3G9KwDs) 👨🏽‍⚖Yesterday, the Supreme Court Bar and Bench bid an emotional farewell to Justice L. Nageswara Rao, due to retire over the summer vacation. SCO's timeline traces Justice Rao's 6 year long tenure at the Supreme Court. (https://bit.ly/3lw5W4c) 👩🏽‍⚖Nine sitting Judges at the SC are expected to assume the Chief Justice's office in the next decade. Who are these Judges? What notable contributions have they made to the Court so far? SCO analyses. (https://bit.ly/3lnLcvm)

✨Good morning! Before you move on to SCO's must-reads for the day, we need your help! 📝We're collecting feedback on SCO's archival journalism and we value yours—we would really appreciate it if you could please fill out this short survey to tell us what you think of SCO. It should take no more than 5 minutes to complete and will immensely help us create something that is of value to you. Thank you! (https://bit.ly/3FLEcBW) ⏳In today's must-reads: 🕌 On May 19th, 2022, the SC postponed hearings in the Gyanvapi Mosque Dispute. The matter will be next heard in the afternoon today, as the counsel representing the Hindu parties is unwell. Sen. Adv. Huzefa Ahmadi, appearing for the mosque, argued that an application was moved at the Varanasi Trial Court yesterday, to demolish a wall around the mosque's _wazukhana_—where the alleged _shiv lingam_ has been found. The Bench ordered Trial Court to desist proceedings until the SC next hears the matter. Yesterday, the contested survey of the mosque was also submitted before the  Civil Court—it aims to determine the location of Hindu idols within its premises. (https://bit.ly/3wwxOeP)  👩🏽‍⚖️Yesterday, Justice Shoba Annamma Eapen was sworn into the Kerala High Court. For the first time, there are now seven women Justices serving at the Court. SCO analyses gender disparities across the Judiciary to answer a simple question: aside from a few exceptions, does the Judiciary remain a man's world? (https://bit.ly/38JvvM2)

✨Good morning! Before you move on to SCO's must-reads for the day, we need your help! 📝We're collecting feedback on SCO's archival journalism and we value yours—we would really appreciate it if you could please fill out this short survey to tell us what you think of SCO. It should take no more than 5 minutes to complete and will immensely help us create something that is of value to you. Thank you! (https://bit.ly/3FLEcBW) ⏳In today's top reads: 🕌 The Gyanvapi Mosque case will be heard at the SC today, for the second time this week. SCO's case archive tells you all you need to know about the protracted legal dispute, spanning multiple Courts and decades. (https://bit.ly/3sKs7Y9) 📊The SC is expected to hear challenges to the Union's ₹8 lakh income criteria for EWS reservations in PG medical admissions. On our podcast, SCO Explains, Dr. Anup Surendranath tells us why this case presents an opportunity for the Court to plug gaps in its reservation jurisprudence. Tune in for more! (https://spoti.fi/3sExND2)

✨Good morning! Before you move on to SCO's must-reads for the day, we need your help! 📝We're collecting feedback on SCO's archival journalism and we value yours—we would really appreciate it if you could please fill out this short survey to tell us what you think of SCO. It should take no more than 5 minutes to complete and will immensely help us create something that is of value to you. Thank you! (https://bit.ly/3FLEcBW) ⏳In today's top reads: 🕌 Braving the ongoing heatwave in the national capital, news anchors, videographers, and clamorous saffron-clad groups dotted the Supreme Court’s front lawns on May 17th, 2022. Their topic of discussion: how the Court will react to a Varanasi Civil Judge’s recent Order restricting Muslims from offering _namaz_ at the controversial Gyanvapi mosque. Intent upon striking a balance in yesterday’s proceedings, the Bench clarified that the _shiv lingam_ allegedly found in the Gyanvapi mosque must be protected. However, at the same time, Muslims cannot be restricted from offering _namaz_ at the mosque. The matter will be heard next on May 19th. (https://bit.ly/37TjQtI) ❓On May 6th, Ramana CJI assured both parties in the National Capital Territory dispute that a Constitution Bench would be constituted well before the Court breaks for summer vacation on May 23rd. No progress on the Bench has been made so far—the Court is only four days away from closing its doors for the summer. Aside from this case and a briefly constituted Constitution Bench last September, no other Constitution Benches have been instituted during Ramana CJI’s tenure. As seen over the last two decades, Constitution Benches have become increasingly inactive. When this happens, the Court leaves critical constitutional questions unanswered, often negatively impacting everyday lives. (https://bit.ly/3Lir9sE)

✨Good morning! Before you move on to SCO's must-reads for the day, we need your help! 📝We're collecting feedback on SCO's archival journalism and we value yours—we would really appreciate it if you could please fill out this short survey to tell us what you think of SCO. It should take no more than 5 minutes to complete and will immensely help us create something that is of value to you. Thank you! (https://bit.ly/3FLEcBW) ⏳In today's top reads: 🕌 The SC will hear concerns that the Gnayvapi mosque survey is spreading communal disharmony today. The Places of Worship Act, 1991, which bars the conversion of religious spaces, is of vital importance to this case. In 2019, SCO considered whether the expansive reliefs given by the SC in the Ayodhya verdict will open the floodgates for similar litigation. (https://bit.ly/3lgYdXn) 👨🏽‍⚖ PIL enthusiast Ashwini Kumar Upadhyay's PIL challenging the constitutionality of the Places of Worship Act has remained pending at the SC since October 2020. He argues that the Act adversely impacts Hindus, Sikhs, Jains and Buddhists. Read SCO's archive, containing key case documents. (https://bit.ly/3yIOUaG)

✨Good morning! Before you move on to SCO's must-reads for the day, we need your help! 📝We're collecting feedback on SCO's archival journalism and we value yours—we would really appreciate it if you could please fill out this short survey to tell us what you think of SCO. It should take no more than 5 minutes to complete and will immensely help us create something that is of value to you. Thank you! (https://bit.ly/3FLEcBW) ⏳In today's top reads: Friday marked six years of three Judges at the SC. Our archive explores their lives, careers, and notable Judgments. 👨🏾‍⚖️Justice A.M. Khanwilkar: Formerly Chief Justice of the Madhya Pradesh and Himachal Pradesh HCs and Judge of the Bombay HC for over a decade, Khanwilkar J was elevated to the SC in 2016. While at the SC, he has written 226 Judgments and sat on 801 Benches. Khanwilkar J retires on July 29th, 2022. He recently delivered a Judgment in the challenges to the Foreign Contributions (Regulation) Act, 2020. (https://bit.ly/37GLslJ)  👨🏾‍⚖️Justice D.Y. Chandrachud: Formerly Chief Justice of Allahabad HC and Judge of the Bombay HC for over a decade, Chandrachud J also briefly served as Additional Solicitor General before his elevation to the SC in 2016. While at the SC, Chandrachud J has written 465 Judgments and sat on 986 Benches. He will become Chief Justice of India this November, with a two-year term. He authored the landmark K.S. Puttuswamy (2017) Judgment. (https://bit.ly/3Pj7xYD)  👨🏾‍⚖️Justice L.N. Rao: Formerly Additional Solicitor General and Senior Advocate at the Andhra Pradesh High Court, in 2016, Rao J became the 7th person directly elevated to the SC from the Bar. While at the SC, Rao J has written 222 Judgments and sat on 729 Benches. He is set to retire on June 7th, 2022. Last month, a Bench comprising Rao J held that Tamil Nadu's Vanniyar reservations were unconstitutional. (https://bit.ly/3wko1sd)

☀️ Good Morning! Here are SCO’s must-reads for today: 🎤 The sedition ‘stay’ order delivered by the Supreme Court was widely celebrated as a historic moment in India’s free speech saga. In our latest Desk Brief, we ask—is the sedition stay a real hope for free speech, or does its ambiguous wording fall short of a clear and definitive order against sedition? (https://bit.ly/3w9jlVJ) 🚫 Yesterday the Karnataka government passed an Anti-conversion bill as an ordinance. In 2020, a similar ordinance in Uttar Pradesh, and an anti-conversion law in Uttarakhand was challenged before the SC. The petitioners claimed violation of right to freedom of choice, right to life and liberty, right to freedom of religion, and right to privacy. (https://bit.ly/3L8BK9C) 📧 Subscribe now to SCO Desk Briefs, where we send sharp takes on the Supreme Court straight to your inbox! (https://bit.ly/3Pk9pQM)