With the Supreme Court operating in a limited capacity due to the COVID-19 outbreak, SC Observer looks back at the top 5 Supreme Court Judgments (and orders) delivered in 2020 so far. From adjudicating on the internet shutdown in Kashmir to lifting barriers against female Armed Forces officers, the Court has had a busy first few months of the year.
1. Access to Internet Equivalent to A Fundamental Right
The first month of 2020 witnessed a three-judge bench ruling against the telecommunication blackout in Jammu and Kashmir following the scrapping of Article 370. The judgment did not directly order for restoration of the services in the backdrop of the security concerns, but laid down an important principle in law – right to access Internet is a fundamental right by extension. Therefore, it can be demanded as such before a constitutional court. Further, every blackout order must specify reasons and has to be reviewed regularly by the authorities concerned, the court said.
2. Article 370 - Reference Issue
the five-judge Article 370 Bench ruled out referring the case to a larger bench. With this order, the Bench put to rest the argument that two pivotal earlier Article 370 judgments – Prem Nath Kaul and Sampat Prakash – were in conflict with each other. The Court appears to have signaled its preference for the precedent set by Sampat Prakash - specifically on the issue of whether the President can issue orders under Article 370 after the dissolution of the J&K Constituent Assembly. Sampat Prakash held yes.
3. SC Directs Permanent Women Commission in Armed Forces
In another judgement on gender parity, the Supreme Court directed the Indian government to give permanent commission in the armed forces to all the women officers who completed 14 years of service. It also directed the government to give pensionary benefits to the women who were retired when not granted the commission.
4. RTI Requests for Pleadings
On 4 March, the Supreme Court restricted the application of the Right to Information Act, 2005 to the Gujarat High Court. In particular, Justice Banumathi's three-judge Bench held that citizens cannot file RTI requests to obtain pleadings. Instead, citizens must resort to using the procedure established by the Gujarat High Court rules. As scholars such as Prashant Reddy have pointed out, this judgment is likely to set the precedent for all High Courts and the Supreme Court itself.
5. Anticipatory Bail Cannot Have a Deadline
A five-judge bench cleared the confusion on whether the protection given to a person through anticipatory bail was time-bound, as it ruled that a pre-arrest bail cannot be subject to time constraints and that it can very well continue till the end of trial. The bench added a caveat that if there are any special or peculiar features necessitating the court to limit the tenure of anticipatory bail, it is open for it to do so.
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