Legal Current Affairs – 21.02.2025
1. Supreme Court Rules on Judgment-Debtor Imprisonment
- Why in News: The Supreme Court ruled that a court should not order imprisonment of a judgment-debtor unless it is satisfied that the individual had an opportunity to comply with the decree but willfully disobeyed it.
- Background: The case involved a decades-old property dispute where an executing court had ordered the arrest of the defendants without properly considering their objections.
- Observations: The Supreme Court emphasized that for executing a decree of injunction, there must be clear evidence of deliberate disobedience. The ruling ensures that civil imprisonment remains a last resort in enforcement cases.
- Legal Provisions Discussed: The ruling referred to Order XXI Rule 32 of the CPC, which deals with execution of decrees for injunctions, and Article 136 of the Limitation Act, 1963, which allows perpetual injunctions without a limitation period.
2. Controversy Over YouTubers’ Remarks Leads to Legal Action
- Why in News: Assam Police and Mumbai authorities have initiated legal proceedings against content creators accused of making obscene remarks on a talent show.
- Background: Complaints were filed under the Bharatiya Nyaya Sanhita (BNS), 2023, the Information Technology Act, 2000, and the Indecent Representation of Women (Prohibition) Act, 1986. The accused apologized, but legal experts debate the limits of free speech in online content.
- Legal Actions Taken:
- FIR filed by Assam Police under BNS provisions on obscene acts and insulting modesty
- Case registered under Section 67 of IT Act (publishing obscene material online)
- Additional complaints filed with Mumbai Police and Maharashtra Women’s Commission
- Lawyers seeking stricter content moderation laws for digital platforms.
3. Supreme Court Expands Limited Notice Jurisdiction
- Why in News: A Supreme Court bench ruled that issuing a limited notice in an appeal does not restrict the court from addressing broader legal questions if substantial issues are raised.
- Background: The case involved a former LIC officer convicted of insurance fraud.
- Observations: The court clarified that procedural limitations should not prevent it from ensuring justice. This interpretation of Article 136 of the Constitution of India strengthens the judiciary’s discretionary power.
- Key Takeaways from the Judgment:
- Even when a court issues a limited notice, it retains jurisdiction over wider legal matters.
- Courts should not be constrained by procedural technicalities if justice is at stake.
- The ruling impacts how appellate jurisdiction is exercised in criminal and civil cases.
4. Chief Justice of India Tenure Updates
- Why in News: The Supreme Court will see significant leadership transitions in 2025, with Justice Sanjiv Khanna serving as CJI until May 13, 2025, followed by Justice B.R. Gavai, and later Justice Surya Kant.
- Background: Justice Khanna played a key role in several landmark rulings, including the Electoral Bonds case, RTI expansion for the judiciary, and arbitration reforms.
- Key Justices Set to Retire:
- Justice Abhay Sreeniwas Oka (May 2025) – known for PIL and service law judgments.
- Justice Bela Trivedi (June 2025) – key rulings on criminal law and gender justice.
- The transition will shape major constitutional and policy-related judgments.
5. International Legal Update: U.S. Court Strikes Down Social Media Law
- Why in News: The U.S. Supreme Court ruled that laws in Texas and Florida restricting content moderation by social media companies are unconstitutional.
- Background: The laws aimed to limit platforms from removing or moderating political content.
- Observations:
- The Court emphasized that forcing platforms to publish all content violates their First Amendment rights.
- The ruling strengthens the right of private companies to control content on their platforms.
- Implications for India:
- May influence ongoing debates on platform liability and content regulation under the IT Act, 2021.
- Raises concerns over potential government intervention in social media moderation.