While the Supreme Court order did not really bring immediate relief to former Maharashtra Chief Minister Uddhav Thackeray, the Delhi government won big in its tussle with the centre.
Here are the top legal highlights from Thursday, 11 May:
Governor Move Illegal, But OK to Call Shinde to Form Govt as Uddhav Resigned: SC
Holding that the communication expressing discontent was not sufficient for the Maharashtra governor to call for a floor test, a constitution bench of the apex court observed that the governor's action was "illegal".
"In the present case, the governor did not have any objective material to indicate the government had lost confidence…so his exercise was not legal,” the Supreme Court said.
However, the court added that because the former Chief Minister Uddhav Thackeray had resigned already, it cannot restore the status quo ante in Maharashtra. The court, thus said that “the governor was correct in calling Eknath Shinde to form the government.”
Read here.
In SC Battle With Centre, Delhi Govt Gets Control Over Administrative Services
In a dispute between the Centre and the Delhi government, the Supreme Court held that the Delhi government has control over the bureaucracy in the National Capital Territory (NCT) of Delhi.
The five-judge Constitution bench led by CJI Chandrachud, however, clarified that the power of the Delhi government would not extend to the administrative services which come under land, law and order and police.
Read here.
Bihar Govt Moves SC Against Order Staying Caste Survey
The Bihar government has moved the top court against the Patna High Court interim order staying the caste survey in the state.
The appeal before the apex court argues that the High Court erroneously examined the merits of the case at the interim stage and touched upon the legislative competence of the State.
The Patna High Court put an interim stay on the caste-based survey initiated by the Bihar state government. The matter would be heard on 3 July next.
The Bihar government had launched the exercise in January this year and had aimed at compiling data on each family in a two-phase process. However, several petitions had been filed in the high court challenging the caste survey.
This Court Does Not Have Jurisdiction To Deal With Defamation Case: BBC To Rohini Court
The British Broadcasting Company (BBC) told a Delhi court that it does not have the jurisdiction to deal with the defamation case filed against it by a BJP leader for its documentary on PM Modi's alleged role in the 2002 Gujarat riots.
Earlier this month, BJP leader Binay Kumar Singh filed the case alleging that the documentary defamed organisations like the Rashtriya Swayamsevak Sangh (RSS), the Vishva Hindu Parishad (VHP) and the BJP.
Defamation Case Against Ex-CJI
In other news, a Rs one crore defamation case and a petition seeking an injunction to restrain his autobiography has been filed against Rajya Sabha MP and former CJI Ranjan Gogoi by Assam Public Works (APW) president Aabhijeet Sharma at a local Court in Assam.
Sharma filed the defamation case against Gogoi and Rupa Publications, the publisher of his autobiography 'Justice for a Judge', for alleged misleading and defamatory statements against him in the book.
ICYMI | Delhi Court Acquits 3 Hindu Men In The Northeast Delhi Riots Case
Meanwhile, a Delhi Court acquitted three men in a case related to the 2020 Northeast Delhi riots citing lack of evidence..
Additional Sessions Judge Pulastya Pramachala acquitted Dinesh Yadav alias Michael, Sandeep alias Mogli and Tinku. They were booked under charges of rioting and being members of a riotous mob that indulged in vandalism and looting.
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