16.24 is to avoid the disruption caused by discontinuity of service of a teaching staff employee or official mid-session. It was reported that the Chief Justice was “annoyed” that some of the contents of the “sealed cover” had been leaked. 3493/2020 (Arising out of SLP (C) No. It is possible to re-watch judgment hand-downs on this site. In the meantime, Mr. Verma was restrained from taking “any major policy decisions”. The final judgement in the Ayodhya dispute was declared by the Supreme Court of India on 9 November 2019. During the Constituent Assembly debates, there was a proposal that all cases involving fundamental rights be decided within a month. It was also held that Statute No. We have been keeping you up-to-date with information on the developments in India and the world that have a bearing on our health and wellbeing, our lives and livelihoods, during these difficult times. 16.24 applies to the teachers of the university. Yet this pure question of law took six hearings and more than two-and-a-half months to resolve, and yielded an unclear decision where the court agreed with the principal legal contentions of Mr. Verma, but passed a judgment whose ambit left everyone scratching their heads. The very object and intent of the proviso to Statute No. Therefore, the said concession has been granted only for the month of June.” In other words, the impugned judgment considered Indu Singh (supra) to be limited to holding that the service of an employee or teacher retiring in a given month; would be “extendable only till the end of the month and not more.” The impugned judgment stated that if the appellants were right, every officer would get an extension for a year or so, which could never be the intention of the university or of the government.”, Bench then states in para 9 that, “This Court is of the opinion that on a plain interpretation of Statute No. This is “judicial evasion”: the court avoids deciding a thorny and time-sensitive question, but its very refusal to decide is, effectively, a decision in favour of the government, because it is the government that benefits from the status quo being maintained. The Hindu has always stood for journalism that is in the public interest. 16.24, including the proviso in question, it is clearly apparent that firstly each teacher attains the age of superannuation on completing 65 years {Statute No. A perusal of the Court’s orders reveals the following: on August 26, the court directed that the CVC finish its pending investigation against Mr Verma, under the supervision of a retired Supreme Court judge. Mr. Verma’s challenge, to recall, was that his divestment was procedurally flawed. Your support for our journalism is invaluable. Supreme Court Judgments Search by Year All 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 On November 20, the court passed a cryptic order stating that “for reasons that need not be recorded, we are not inclined to afford the parties a hearing today”, and adjourned the case to November 29. If a court orders maintain the status quo on the property it means that two components of the property that comes under the purview of status quo one is the possession and other is the title. As a matter of law, this is strange. Long standing or established status quo brought about by judgments interpreting local or state laws, should not be lightly departed from, the Supreme Court observed in a judgment … As we fight disinformation and misinformation, and keep apace with the happenings, we need to commit greater resources to news gathering operations. The Judgment was delivered by Apex Court Bench comprising of Justice Uday Umesh Lalit and Justice S Ravindra Bhat. The Supreme Court Monday ordered status quo as of today in the Essar insolvency case. On November 29, the case was listed for hearing final arguments, which then took place on December 5 and 6. Most significantly, the Bench then minces no words to state upfront in para 13 that, “The above analysis would show that the view of the Uttarakhand High Court, as also the Allahabad High Court (now settled by the full bench decision) consistently have been that teachers superannuating are to be treated as re-employed or allowed to continue, in the larger interest of the pupils, has prevailed. The words used “of the end of the academic session”, was held to be “misleading”. *Our Digital Subscription plans do not currently include the e-paper, crossword and print. Find mobile-friendly version of articles from the day's newspaper in one easy-to-read list. in the case of Brownsea Haven Properties v. Poole Corpn. 3493/2020 (Arising out of SLP (C) No. We promise to deliver quality journalism that stays away from vested interest and political propaganda. Secondly, no teacher who attains the age of superannuation has a right or entitlement to re-employment; in fact, the opening expression “No teacher” appears to rule out re-employment of superannuated teachers {Statute No. Still less was it for the court, after holding that Mr. Verma’s divestment was invalid in law, to place fetters on his powers as the Director, thus presumptively placing him under a cloud of suspicion. Enjoy reading as many articles as you wish without any limitations. A different view would not only introduce an element of uncertainty and confusion, it would also have the effect of unsettling transactions which might have been entered into on the faith of those decisions. It was not for the court to then direct the committee to consider the case against Mr. Verma. Judicial evasion and the status quo: on SC judgments, Subscribe to Morning Filter & Evening Wrap newsletter. Correspondence The Registrar, Supreme Court of India, Tilak Marg, New Delhi-110001 011-23388922-24,23388942 FAX : 011-23381508,23381584 e-mail : supremecourt[at]nic[dot]in That could only mean September 15, 1988 and there cannot be the state of affairs after five years of that order. The order of that date states unequivocally "status quo as of today". A scrutiny of the Supreme Court's judgments makes it clear that the Centre cannot hand over any land, superfluous or not. This can be illustratively explained by the following two examples: However, if Mr. Verma was correct in his claim — and the Supreme Court finally held that he was — then the substance of the allegations against him was irrelevant to his legal challenge against his removal. However, we have a request for those who can afford to subscribe: please do. If the view that found acceptance with the impugned judgment were to prevail, there would be avoidable disruption in teaching; the likely delay in filing vacancies caused mid-session cannot but be to the detriment of the students. 1624 (1)}. A bench headed by Justice R F Nariman said the monitoring committee will continue its work till the case is heard on August 7. Sharma Oli, U.K. cut off as new virus strain sparks fear, இந்து தமிழ் திசை. Supreme Court in judgment titled Navin Chandra Dhoundiyal vs. State of Uttarakhand in Civil Appeal No. Printable version | Dec 23, 2020 9:59:35 AM | https://www.thehindu.com/opinion/lead/judicial-evasion-and-the-status-quo/article25953052.ece. 3493/2020 (Arising out of SLP (C) No. In that judgment, the Division Bench had, on an interpretation of the relevant provisions (which were worked identically to Statute No. The Supreme Court has, in a lot of cases, under Article 356 done that because the actions of the government were found to be ultra vires." And if it is a nullity, then status quo ante can be restored. Therefore, the view in Indu Singh (supra), dealing with an identical statute, was correctly interpreted; the other decisions which dealt with Statute No. The appellants are entitled, consequently, to continue till the end of the following June on re-employment. Word! The Alok Verma Case — or “CBI vs CBI”, as it has come to be popularly known — reveals some of the pathologies that have plagued the Supreme Court’s conduct in recent high-profile cases. (2) No extension in service beyond the age of superannuation shall be granted to any teacher after the date of commencement of these statutes. This interpretation of the Act was buttressed by the Supreme Court’s exhortation, in Vineet Narain, that the Director must be protected from political influence. This is not the first time that an important, time-sensitive case has been dragged on in a manner that materially affects the situation of the parties. Costs, fees, and restitution, the court held, must be “tied to a valid conviction,” 369 P. 3d, at 627–628, absent which a court must “retur[n] the defendant to the status quo ante,” 2013 WL 1760869, at *2. In the absence of any such move, the departure from the prevailing understanding through a discordant judgment, as the impugned judgment is, injects uncertainty. Effectively, therefore, by mixing up the two questions, the Supreme Court dragged on for months a case that could have been decided within days. The Supreme Court today ordered the State of Maharashtra not to cut any further trees in Aarey and maintain the status quo till the next date of hearing. June, 30th and the same will be treated as re-employment. All this suggests an attempt to chalk out a “middle ground”, which would be appropriate for a durbaar engaging in informal dispute resolution. They argued that they were entitled to continue in service, on extension up to the end of June, 2021. In the meanwhile, the parties shall maintain status quo with regard to the nature, title and possession of the subject matter/land. The Division Bench placed emphasis and importance on the legislative intent “to cater to the supreme need to not adversely affect the academic activities of the institution and to safeguard the interest of the students.””, Para 4 then brings out that,“The impugned judgment rejected the appellants’ writ petition, holding that Indu Singh (supra) could not be considered as a binding authority. Latest judgments. 16.24 [Professor Sri Krishna Khandelwal and Binod Kumar Singh (supra)] too were correctly decided.”, Finally, Bench then concludes in the last para 15 that, “For the foregoing reasons, the impugned judgment and orders of the High Court are set aside. Please see all COVID-19 announcements here. The status quo is not a status quo as on the date of inventory but the status quo as of September 15, 1988. Recent events have confirmed this fear. Thirdly, and importantly the proviso {to Statute 16.24 (2)} carves out an exception to the main provision, inasmuch as it provides that a teacher whose “date of superannuation does not fall on June 30, shall continue in service till the end of the academic session, that is June 30, following and will be treated as on re-employment from the date immediately following his superannuation till June, 30, following.””. The Supreme Court has ordered status quo on the appointment of an administrator of Sri Mahatobora Veerabhadreshwara Temple at Hiriyadka, Bommarabettu Village, Udupi. As the Supreme Court itself acknowledged, what was at stake was a “pure question of law”. This is, once again, a reminder that — much like judicial evasion — ambiguity is not neutral: it primarily benefits the party that has the power to exploit it, and that party is invariably the government. The Reserve Bank of India had sought to transfer cases filed in various high courts, against its Feb. 12 circular, to the Supreme Court. The Alok Verma case demonstrates how, when the court fails to do so, it abdicates its role as the sentinel on the qui vive, and allows the government to get away with abuse of law. A one-stop-shop for seeing the latest updates, and managing your preferences. If any of them has been superannuated, he or she shall be issued with orders of reinstatement, with full salary for the period they were out of employment, and allowed to continue till the following June, on re-employment basis. What did the court mean when it said that Mr. Verma’s role would be “confined only to the exercise of the ongoing routine functions without any fresh initiative”? In high stakes cases, time-sensitive cases, the court must ensure two things: that the judgment is timely, and that the judgment is clear. This week, on March 3, 2020, the Supreme Court heard oral arguments in Liu v. SEC to determine whether the SEC has authority to seek disgorgement of ill-gotten gains in federal court. On November 16, the court received the CVC report in a “sealed cover”, and allowed Mr. Verma to respond (also through a sealed cover). 16.24 as in this case) held that those who retire after 30th June are “entitled to continue till the end of the academic year”. Correspondence The Registrar, Supreme Court of India, Tilak Marg, New Delhi-110001 011-23388922-24,23388942 FAX : 011-23381508,23381584 e-mail : supremecourt[at]nic[dot]in The Supreme Court on Monday ordered status quo on the Delhi High Court's order which had asked the Centre to comply within three months with the apex court's judgement … Pre-Judgment Status Quo Order Application Use this packet to keep the current schedule and daily routine of the child[ren] from changing until custody or parenting time has been determined. 16.24 (2) specifically places an embargo on extension in service beyond the age of superannuation. "Suppose the Supreme Court holds the entire exercise to be completely ultra vires the Constitution, then it is a nullity. Supreme Court in judgment titled Navin Chandra Dhoundiyal vs. State of Uttarakhand in Civil Appeal No. All public lectures and visitor programs are temporarily suspended. They are not usually delivered on the same day of the hearing but some time afterwards. In the Aadhaar challenge, for example, the case was finally heard six years after it was filed, effectively allowing the government to present a fait accompli to the court. The interim order is significant as it means that it preserves the status quo … Mumbai: The Supreme Court on Wednesday ordered status quo in fresh admissions to management courses in the state. 16.24 (2)}. At this difficult time, it becomes even more important that we have access to information that has a bearing on our health and well-being, our lives, and livelihoods. The appeals are allowed without any order as to costs.”, हाईकोर्ट की टिप्पणी: सेवानिवृत्ति की कगार पर तबादला अनुचित, वर्तमान जगह पदस्थ रहने दें, हाईकोर्ट का अनोखा फैसला: FIR न लिखने पर कोर्ट ने दी SHO को अनोखी सजा, थाने के सामने की रोड साफ करने का निर्देश: [कोर्ट का आदेश पढ़ें], हरियाणा सरकार का बड़ा फैसला- एक विभाग से दूसरे में बदले जा सकेंगे कर्मचारी, बना कॉमन कैडर, लोगों पर जुर्माना लगाना शुरू करने से पहले दीजिए कलर कोडेड स्टीकर लगाने का समय: दिल्ली हाईकोर्ट का दिल्ली सरकार को सुझाव, This HC stays Govt order dropping 61 cases against Ministers, Legislators, Pakistan Court orders release of man charged in Daniel Pearl killing, This HC adjourns January Cases till April and May due to COVID-19, High Court asks Police to trace ‘missing’ Hindu woman who eloped with Muslim man, HC: Grievance related to election of co-operative society can be called in question under the provision of UP Co-operative Societies Act, 1965 [Read Order], पालघर मॉब लिंचिंग केस: CBI ने 19 लोगों को गिरफ्तार किया; अब तक 248 लोग भेजे जा चुके जेल, 105 जमानत पर बाहर, Govt. A select list of articles that match your interests and tastes. Class actions: Supreme Court of Canada upholds the status quo over authorization criteria in Quebec On October 30, the Supreme Court of Canada released its long-awaited decision in Desjardins Financial Services Firm Inc. v. Asselin1 (the “ Asselin decision ”). The Supreme Court of Appeal of South Africa is the successor to the Appellate Division, first established in 1910 when the Union of South Africa was created. None of these is a legal term, and the lack of clarity only raises the spectre of fresh litigation, thus further hamstringing Mr. Verma for the remainder of his tenure. Written judgments are generally issued for more complex cases or where they involve questions of law which are of public interest. The doctrine of stare decisis can be aptly invoked in such a situation. The Building will remain open for official business. As indicated above, when Mr. Verma approached the court, the legal question was straightforward: were the CVC and the Central government authorised to divest him of his functions as CBI Director? The Supreme Court’s limited remit was to decide that question. To enable wide dissemination of news that is in public interest, we have increased the number of articles that can be read free, and extended free trial periods. You have reached your limit for free articles this month. It should be clear from the record that there were two parallel proceedings taking place in the Supreme Court. On October 26, 2018, a three-judge Bench of the Supreme Court, headed by the Chief Justice of India, was confronted with a straightforward legal question: whether the decision taken by the Central Vigilance Commission (CVC) and the Central government to divest Central Bureau of Investigation (CBI) Director Alok Verma of his powers and functions was legally valid. Judgments are delivered orally by Justices in the courtroom. In any event, what exactly is a “major policy decision”? We also reiterate here the promise that our team of reporters, copy editors, fact-checkers, designers, and photographers will deliver quality journalism that stays away from vested interest and political propaganda. Status quo means the the position remain as it is. Mr R.S Sachar, learned Senior Counsel appearing for the appellant, contended that generally during the pendency of litigation courts protect the status quo existing on the date of the suit and it is only in exceptional circumstances, where irreparable damage is feared, the courts permit change of status quo. In 1994, the Supreme Court, while dealing with the Acquisition of Certain Areas of Ayodhya Act, ordered the protection of the latest “status quo”: No mosque but a makeshift temple and legally protected darshan at the site. The Attorney-General, on the other hand, argued that the committee’s role was purely recommendatory, that the power vested with the Central government, and that in any event Mr. Verma had not been “transferred”. It was a question that, when the court finally got around to it, took it no more than eight pages to answer. Virus variant: On temporary travel ban from U.K. Nepal in turmoil: On dissolution of Parliament by K.P. Below you will find the latest judgment(s) handed down by the Supreme Court. The Supreme Court on Tuesday virtually stayed elections in seven municipal areas in West Bengal as it ordered a status quo in the matter after the state contended that polls could be held after these bodies are converted into municipal corporations. 7. The court reserved its judgment on December 6, and finally delivered it January 8. We brief you on the latest and most important developments, three times a day. As a subscriber, you are not only a beneficiary of our work but also its enabler. It has helped us keep apace with events and happenings. Further, according to the Division Bench, the end of an academic session was not “fixated as on June, even though, most of the universities and their academic session in June 30th. of Essar Steel Ltd. & Ors, the Hon’ble Supreme Court, vide its order dated 22.07.2019, has ordered a status-quo on the sale of Essar Steel India Limited to ArcelorMittal India Private Limited (AMIPL/ ArcelorMittal). In response to a transfer petition filed by the RBI, the Supreme Court today issued a status quo order. The Division Bench was of the opinion that whenever the superannuation of an employee falls within the month of June, in that event, his or her retirement would stand extended till the end of June of that particular month. Subscribe to The Hindu now and get unlimited access. Satish Kumar Gupta, R.P. You can support quality journalism by turning off ad blocker or purchase a subscription for unlimited access to The Hindu. The Colorado Supreme Court reversed in both cases. The Division Bench said that Statute No. The fear was that the more time the court took, the more the government would benefit from the status quo. Out of concern for the health and safety of the public and Supreme Court employees, the Supreme Court Building will be closed to the public until further notice. And this was of crucial significance: Mr. Verma retires at the end of January. Within a month of the demolition, the Allahabad High Court allowed for darshan at the makeshift temple. (1958) [Ch] 574), there is well-established authority for the view that a decision of long standing on the basis of which many persons will in the course of time have arranged their affairs should not lightly be disturbed by a superior court not strictly bound itself by the decision.””, SC Bench then very rightly holds in para 14 that, “This Court is consequently of the opinion that the impugned judgment is in error. Read Judgment. 10943/2020) along with four other appeals has cogently, categorically and convincingly observed that long standing or established status quo brought about … When a status quo order is passed by the High Court or the Supreme Court, then the Respondents are required to maintain the position as on the date of order. It is questionable what, precisely, does it really mean for the Supreme Court to “reinstate” him midway through January. They had relied on a previous judgment of the Division Bench of the High Court – Dr. Indu Singh v. State of Uttarakhand 2017 SCC Online 1527. The court's position in the justice system. It is not a matter of rule that the same happens everywhere. High Court erred in legitimising mining within 40 metres of boundaries: A.P. To put things in perspective, the Bench then points out in para 2 that, “All the appellants are working as Professors in various disciplines, in the respondent Kumaun University (hereafter “the University”). Statute No. In an interesting, fresh and significant development, the Supreme Court in a latest, landmark and laudable judgment titled Navin Chandra Dhoundiyal vs. State of Uttarakhand in Civil Appeal No. 10943/2020) along with four other appeals has observed that long standing or established status quo brought about by judgments interpreting local or state laws, should not be lightly departed from. Crossword blog #205 | Love makes the world go round? Move smoothly between articles as our pages load instantly. The second — which occupied the court through the month of November, and through the now familiar, depressing cycle of “sealed covers” — was the substance of the allegations against Mr. Verma, that the CVC and the government were claiming justified his divestment. The first was Mr. Verma’s original challenge to the process of his divestment — that came up before the court in October, and was heard in December. The counsel for Mr. Verma argued that the DSPE Act made it clear that the CBI Director had a guaranteed, two-year tenure, and could not be transferred without the consent of a high-powered committee consisting of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India. That apart, this court is also of the opinion that if the state or the university wished to depart from the prevailing understanding, appropriate measures could have been taken, putting all the concerned parties to notice, through amendments. As observed by Lord Evershed in M.R. In the Alok Verma case, the Supreme Court finally returned a clear finding that the CVC and the Central government had acted outside their jurisdiction in divesting Mr. Verma. 65 years). 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