SC Stops Maharashtra Govt From Giving Retrospective Application For Maratha

Quota:

• The Supreme Court on Friday refused to stay the judgment passed on July 27 by the the
Bombay High Court which which had upheld the validity of reservation granted to the
Maratha community by the state government under the socially and
educationally backward class category (SEBC) in government jobs and educational
institutions.

• However the Court said that the quota created as per Maharashtra SEBC Act passed last
November cannot be given retrospective application with effect from 2014.

• The Court has issued notices to the Maharashtra Government in the petitions filed by
NGO Youth for Equality and few others challenging the quota.

• The Division Bench of Justices Ranjit More and Bharati Dangre said that the upper
limit of 50% for reservation can be exceeded in exceptional circumstances.

• "The high court erred in concluding that the mere fact that other OBCs would have to
share their reservation quotas with the Marathas constitutes an exceptional circumstance
warranting a breach of the 50 per cent ceiling limit set by Indira Sawhney, " the plea filed
by advocate Pooja Dhar said.

• The petition also claimed that the high court overlooked the fact that Marathas occupied
40 per cent of the government jobs available in the open category.

• According to the 102nd amendment to the Constitution, reservation can be granted only
if a particular community is named in the list prepared by the President.
Malls, Multiplexes Cannot Charge Parking Fee : Gujarat HC

• The Gujarat High Court on Wednesday ruled that malls, multiplexes, shopping
establishments etc., have to provide parking to the customers without collecting any fee
from them.

• The Division Bench of Acting Chief Justice Anant Dave and Justice Biren Vaishnav
reached this conclusion based on the interpretation of provisions in Gujarat building and
town planning laws which mandate that building owners should "provide" car parking
space.

• The connotation of the word "provide" is that it should be given without charging any
fee, reasoned the bench.

Right To Terminate Pregnancy Cannot Be Denied Merely Because Gestation Has

Continued Beyond 20 Weeks : Delhi HC

• In a petition seeking termination of the pregnancy beyond 20 weeks, the Delhi High
Court opined that the right to terminate pregnancy cannot be denied merely because the
gestation has continued beyond 20 weeks.

• The Delhi High Court referred to the Judgment of Supreme Court in Tapasya Umesh
Pisal v. Union of India & Ors, (2018) 12 SCC 57, where the termination of pregnancy
was allowed because the foetus if allowed to born, would have a limited life span with
serious handicaps which cannot be avoided.

• Further, the bench was of the opinion that the provisions of the Medical Termination of
Pregnancy Act, 1971 have to be construed as a part of cumulative dispensation and
not isolated from each other. The court said that it is convinced that, even in a case
where the condition of the foetus is, as in the instant case, incompatible with life,
 the rigor of Section- 3(2) deserves to be relaxed.

Senior Advocate P Wilson elected member of Rajya Sabha:

• Senior Advocate P Wilson was elected unopposed as a member of the Rajya Sabha
yesterday, along with five others. He was nominated for the post by the Dravida
Munnetra Kazhagam (DMK) party earlier this month.

• P Wilson is a former Additional Solicitor General of India (ASG). He served as ASG

between August 2012 and May 2014. Earlier, he has also served as an Additional
Advocate General (AAG) for Tamil Nadu between August 2008 and May 2011.

• Wilson has appeared for various leaders of the DMK party, in several cases including
for party chief MK Stalin and others including Kanimozhi, Dayanidhi Maran and

Kalanidhi Maran.

Supreme Court issues notice in challenge to appointment of Sikkim Chief

Minister Prem Singh Tamang:

• The Supreme Court today issued notice to the State of Sikkim and the Central
government in a public interest litigation petition challenging the appointment of
Prem Singh Tamang as Chief Minister of Sikkim.
• The petitioner has contended that Prem Singh Tamang has been convicted under the
Prevention of Corruption Act, making him ineligible to be appointed to the post of
Chief Minister.

• Tamang was sent to jail in 2017 after he was found guilty of misappropriating
government funds worth Rs 9.5 lakh in a milch cow distribution scheme. He was
the minister of animal husbandry when the scam took place between 1994 and
1999.

• Under the Representation of the People Act, 1951, a person convicted under the Pre-
vention of Corruption Act, 1988, for more than six months cannot contest elections
for six years.

CCTV in Delhi schools: Supreme Court refuses to stay installation, live streaming of

footage:

• Supreme Court today refused to stay installation of Closed Circuit Television (CCTV)
cameras and streaming of CCTV footage in schools administered by Delhi
government.

• The Delhi Government's decision would allow persons with a valid usernament and
password to access the live feed of the CCTV cameras in classrooms. The
petitioner has argued that this could seriously jeopardize the safety and security of
the children.

• Further, it is contended that CCTV surveillance subjects individuals to the gaze of

people they do not want to be watched or observed by. It is specifically intrusive for
young girls and subjects them to unique harm.

• The petitioner has also attacked the CCTV policy as likely to violate the right to free
speech and expression. It is the petitioner's case that surveillance on teachers and
 children will have a chilling effect on the speech and expression of the individuals
inside the classroom.

• In addition to the security risks, the petition has also alleged financial irregularities on
the part of the Delhi government in procuring these CCTV cameras. The petitioner has,
therefore, prayed that the decision of the Delhi government dated September 11, 2017 to
install CCTV in schools in Delhi be set aside.

Consider Self-Financed Buses, Town Planning, As Measures To Curb Air Pollution

Delhi HC Tells Delhi Government:

• Delhi High Court has asked the Delhi Government to consider the plan of self-financed
buses as one of the solutions to curb air pollution in Delhi.

• The court told the government counsel that a crowded bus or a crowded metro coach
cannot be a substitute to a car. Government should promote self-financed buses which
shall cost more than normal buses but be cheaper than cabs. Court also highlighted town
planning as an elementary solution that the government must look at.

• The court also asked whether there can be additional coaches to metro rails to which
both the petitioner and respondent replied that the same is technically not feasible as the
platforms are not designed to accommodate more than 8 coaches.

'Kindly Understand The Gravity Of The Problem', Delhi HC Tells Delhi Govt. In A
PIL Seeking Regulation Of E-Cigarettes:

• Delhi High Court passed an Order directing the Delhi Government to file an affidavit
showing steps taken by them for regulating Electronic Nicotine Delivery Systems
(ENDS) in the state. The court noted the urgency of the matter by highlighting that many
children are picking up ENDS such as e-cigarettes without knowing the harm it can cause
to their health.
• The Division Bench of Justice DN Patel and Justice Hari Shanker closely reviewed each
observation and noted the gravity of the problem. The counsel for the Delhi government,
Sanjoy Ghose, however submitted that the government has undertaken steps to curb
ENDS and is working towards a complete ban. The court asked the government to
consider the seriousness of the issue and submit an affidavit through the Chief Secretary
mentioning the aforesaid steps.

Karnataka Crisis : The Courtroom Exchange

• Senior Advocate Mukul Rohatgi, appearing for the 10 rebel MLAs, started by saying
that the stance taken by the Speaker in a presser on Thursday evening and the statements
in his application moved in the top court were 'contradictory'.

• "How are the resignations in anyway connected to the Speaker's power that he wields
within the Assembly? Now the Karnataka government has ordered the MLAs to attend
the House today and vote on the budget. If they are not found to be in favour of the whip,
they shall be punished with disqualification and the resignations become infructuous.
This is why the resignations have been kept pending", he alleged.

Delhi HC issues notice in challenge to election of BJP's Hans Raj Hans from North-
West Delhi:

• The Delhi High Court yesterday issued notice in a plea by Rajesh Lilothia, the Congress
candidate from the North-West New Delhi constituency, challenging the success of
the BJP's Hans Raj Hans in the recently concluded Lok Sabha elections.

• Lilothia has alleged that Hans Raj Hans furnished false information pertaining to his
assets and liabilities, and thus indulged in corrupt practices at the time of filing his
nomination papers for the Lok Sabha elections.

• Lilothia has also claimed that Hans Raj Hans deliberately concealed his spouse's source
of income in spite of declaring her Income Tax liability to be Rs. 2,57,32,724.
• Thus invoking the voters' right to know personal particulars, including assets, income
and education of candidates contesting an election, Lilothia has prayed that Hans' election
be set aside for violation of election laws. The petition was filed through
advocate Vikram Dua.