i. Each district directed to set up exclusive POCSO courts within 60 days – The Supreme Court has directed the setting up of exclusive POCSO (Protection of Children from Sexual Offences) courts, to be funded by the Central government. The government has been given 60 days to set up the courts. Any district which has more than 100 cases pending will have to set up an exclusive court. These courts will have to have specially trained and sensitised prosecutors. The Centre has to apprise the Court of the situation by 30 days. [In Re: Alarming Rise In The Number Of Reported Child Rape Incidents, Suo Moto Writ Petition (Criminal) No. 1 of 2019, date of order: 25.07.2019]

ii. Auditors appointed for Amrapali report diversion of funds to companies linked to Dhoni and wife – The Supreme Court last week cancelled Amrapali group’s RERA registration. It noted that the group had illegally diverted money earned from 49000 home-buyers in connivance with Noida and Greater Noida authorities, into a sports management company in which Dhoni has a major stake. The Court has also asked NBCC to complete the pending construction. The court appointed auditors found sham agreements that the company had entered into with Amrapali Mahi developers (Mahi being the nickname for MS Dhoni) in which his wife Sakshi is a Director. The report indicates 23 companies that were created just to siphon off money, which only had family members for the sake of it. Dhoni has distanced himself over the years from the group after the news of siphoning of money broke out. He though has moved the Supreme Court to protect his ownership over a penthouse that he bought 10 years ago. [Bikram Chatterji v Union of India, Writ Petition (Civil) No. 940 of 2017, date of order: 23.07.2019]

iii. Judgment on Gautam Navlakha’s plea in Bhima Koregaon case reserved – The Bombay High Court has reserved its order in the petition filed by Gautam Navlakha seeking the quashing of the FIR filed against him with the Pune Police regarding the Bhima Koregaon incident last year. Earlier he had been granted protection from arrest by the Court , which the Pune Police had sought to be vacated. The bench said that while on the basis of some of the evidence he seemed to be innocent, other material in the case had to be examined. He was not mentioned in any of the documents submitted to the court either. [Gautam Navlakha v State of Maharashtra, Criminal Writ Petition No. 4425 of 2018, date of order: 26.07.2019]

iv. PIL to legalise cannabis for medical use dismissed – The Delhi High Court has dismissed a PIL filed seeking legalisation of cannabis for medical use and even imposed costs amounting to ₹10,000 on the petitioner. The bench held that there was substance to the petition and that it was not inclined to grant the plea. The judgment states that the proper channel would be to approach the government, which would create the appropriate amendment in the NDPS. The petition highlighted that the use of cannabis was banned in India only in 1985 and before that it was used for both medical as well as religious purposes. It also highlighted how many countries around the world had legalised the use of cannabis, some even for recreational use. It relied on medical research to highlight the beneficial use of cannabis. [Prashant Sharma v Ministry of Health and Family Welfare, Writ Petition No. 8031 of 2019]

v. CBI asked not to rake coercive steps against Anand Grover and Indira Jaising – The Bombay High Court granted relief to Senior Advocates Indira Jaising and Anand Grover by asking CBI not to take coercive steps against them in relation to the FIR filed against Mr. Grover, until August 19. FIR has been filed against their organisation, Lawyers Collective for allegedly diverting funds from foreign sources and allegedly using them for personal use. Lawyers Collective argued that the MHA had already cancelled their FCRA registration, which was challenged in the Bombay High Court, and the present proceedings were nothing, but abuse of the process of law. [Lawyers Collective v CBI, Criminal Writ Petition No. 3841 of 2019, date of order: 25.07.2019]


vi. Video recording allowed for a case under SC//ST Act in Payal Tadvi’s suicide case – The Bombay High Court has directed that the proceedings under the SC/ST Act will be recorded as per the amendment in 2017, even if they may cause delay in the case. The Court registry has been asked to make the necessary arrangements for the same. All the arguments presented to the bench will also be recorded digitally. Three doctors,Hema Ahuja, Bhakti Mehare and Ankita Khandelwal,have been booked in the case on the basis of the suicide note written by Payal, under Section 306 IPC (abetment of suicide). [Hema Suresh Ahuja v State of Maharashta, Criminal Appeal No. 911 of 2019, date of order: 25.07.2019]

(IPA Service)