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Recap: SC on Manipur Violence, Delhi Court On 2020 Riots Case

Catch the top legal highlights of the day here!

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SC Declines To Stay Gujarat University's Defamation Case Against Delhi CM Arvind Kejriwal; Asks HC To Decide

The Supreme Court has declined to halt the trial of a criminal defamation case brought against Delhi Chief Minister Arvind Kejriwal by Gujarat University over comments he made regarding the academic degree of Prime Minister Narendra Modi. 

The Court stated that Kejriwal's request for a stay on the trial is still pending before the Gujarat High Court and is scheduled for 29 August. The Court declined to issue notice in the SLP, saying that "the matter is still sub-judice before the High Court" and added that they trust the High Court will make a decision on that date.

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SC Denies Extension of Status Quo Order Against Railways for Demolitions Near Krishna Janmabhoomi

The Supreme Court declined to extend the status quo order it had granted on 16 August  in relation to a demolition drive by railway authorities in a settlement near Krishna Janmabhoomi in Mathura. 

The Railways informed a bench of Justice Aniruddha Bose and Justice Bela M Trivedi that the demolition is complete. The Supreme Court had previously ordered a ten-day status quo on the demolition drive on 16 August.

On 9 August, the government initiated a demolition operation in Nai Basti, a settlement located along the railway track in the Krishna Janmabhoomi's backyard in Uttar Pradesh's Mathura, purportedly demolishing up to 135 houses. These structures were identified as illegal encroachments on government land, and a coalition consisting of the district administration, police, and railway personnel carried out the operation.

Manipur Violence: SC Orders Transfer of CBI Cases To Assam

The Supreme Court has directed the transfer of sexual violence cases related to the  Manipur conflict, which were transferred to the Central Bureau of Investigation (CBI), to Assam to ensure a fair process of criminal justice administration. 

The Chief Justice of the Gauhati High Court has been asked to designate Courts in Guwahati to handle the CBI cases. The investigating agency can make applications for remand, extension of custody, issuance of warrants, etc. virtually before the designated Courts in Guwahati. 

The Court has also provided the option for victims and witnesses to give evidence virtually from their places in Manipur, instead of travelling physically to the Assam Courts. The directions were passed by a bench comprising Chief Justice DY Chandrachud, JB Pardiwala, and Manoj Misra, accepting the suggestions made by Solicitor General of India Tushar Mehta on behalf of the State of Manipur.

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Delhi Riots: Court Acquits Muslim Man, Pulls Up Police For Making ‘Artificial Statements’

While acquitting  a Muslim man  involved in a case linked to the 2020 North-East Delhi riots, a Delhi court criticised both an Investigating Officer and a Constable from the Delhi Police. The court's rebuke came on Thursday due to their issuance of " artificial statements" regarding the individual's participation in the riotous mob that engaged in acts of disorder and destruction.

In a recently rendered verdict, Additional Sessions Judge Pulastya Pramachala of the Karkardooma Court remarked that even though the prosecution successfully established the occurrence of the riot and instances of vandalism, it fell short in substantiating Javed’s presence within the unlawful assembly without reasonable doubts.

“My foregoing discussion and observations lead me to hold that prosecution though established the incident of riot, and vandalism, but it failed to prove presence of accused in the unlawful assembly responsible for such incidents, beyond reasonable doubts,” the court said.

Furthermore, the judge admonished the Delhi Police for mechanically submitting multiple chargesheets in the case without conducting a thorough investigation into the alleged events.

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