The Supreme Court has been unusually active this year in taking suo motu actions in taking up cases. However, decisions have been pending in most of these cases, with some waiting to be listed for hearing. But this judicial activism has ranged from issues such as unwarranted comments by lower courts to crimes sending shock waves such as the rape and murder of a trainee doctor in Kolkata.
The Supreme Court has taken suo motu cognisance in 50-odd cases between 1991 and 2022. Ten of these cases were related to the Covid pandemic and its management by the government at various levels in 2020. In 2023, the top court took three such matters, including the one related to the management of Sariska Tiger Reserve and a popular temple within it.
The Kolkata rape and murder case is the latest instance of the Supreme Court taking the initiative to address cases on its own accord this year. Let’s look at these cases in brief.
Kolkata rape and murder case
Following a nationwide outrage over the rape and murder of a trainee doctor in Kolkata’s RG Kar Medical College & Hospital, the Supreme Court decided to hear the case on Tuesday. This horrifying incident has sparked widespread concern about the safety of medical professionals with associations striking work, doctors holding protest check-ups on streets and many demanding to set up a separate security force for the protection of doctors and other health workers. The case comes up before Chief Justice of India (CJI) DY Chandrachud-led bench for examination.
Protecting adolescent privacy
The Supreme Court stepped in after a Calcutta High Court judge made highly inappropriate remarks about adolescent girls and their sexual autonomy. The judge asked adolescent girls to “control sexual urge as in the eyes of the society, she is the loser when she gives in to enjoy the sexual pleasure of hardly two minutes”. The Supreme Court took
Termination of women judicial officers in Madhya Pradesh
In another significant move, the Supreme Court intervened in the case concerning the abrupt termination of six women judicial officers by the Madhya Pradesh High Court. Although proceedings began in December of last year, the bench, led by Justice BV Nagarathna, has yet to reach a resolution. This case is significant as it relates to gender justice and the treatment of women within the judiciary.
Chhattisgarh’s remission policy
Six months ago, the Supreme Court turned its attention to the remission policy adopted by Chhattisgarh. This policy allows for the early release of convicted individuals, but it raised serious questions about its fairness and application. The case is yet to be scheduled for a hearing.
Judicial overreach by Calcutta HC
One of the first suo motu cases this year involved a Calcutta High Court order against the Supreme Court. The high court’s Justice Abhijit Gangopadhyay directed the Supreme Court Secretary General to provide certain documents presented before the Chief Justice of India. The Supreme Court intervened and stayed the high court order, reaffirming its own procedural sanctity. Justice Gangopadhyay subsequently resigned and contested the Lok Sabha election as a BJP nominee.
Inclusivity in the judiciary, 2 cases
The Supreme Court took two suo motu proceedings relating to recruitment of persons with disabilities and visually impaired in the judiciary. This was done to make the judicial system more inclusive, offering equal opportunities to all. The case is, however, yet to reach its conclusion.
Assault on Supreme Court lawyers
Responding to an incident of reported assault on the members of the Supreme Court Bar Association in Uttar Pradesh’s Gautam Budh Nagar, whose district bar association office bearers were accused of beating up the top court lawyers. The altercation happened during a strike by the district bar members. The Supreme Court took up the case on its own to ensure that professional conduct is maintained in legal circles.
New building for Bombay High Court
The Bombay High Court runs from a British-era building. The court has been functioning from its current building, a Gothic-style architecture, since 1879. In May this year, the CJI Chandrachud initiated proceedings to expedite the relocation of the Bombay High Court to a new building. The high court will be moved to a modern facility in Bandra East.
A warning to Punjab and Haryana HC judge
Before taking up the Kolkata rape and murder care, the Supreme Court’s last suo motu action was over Punjab and Haryana High Court judge Rajbir Sehrawat’s remarks. Justice Sehrawat had cast doubts on the wisdom and majesty of the Supreme Court. The CJI-led bench expunged the high court judge’s remarks, with a warning to the respect and decorum expected within the judicial system.
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10 cases India’s SC took up on its own like the Kolkata doctor’s rape matter
