Supreme Court issued notices to Centre and States upon Public Interest Litigation filed for Uploading FIR in Police Websites within 24 Hours
Supreme Court of India has issued notice to Centre and all State Governments on a PIL seeking uploading of First Information Report in Police websites within 24 hours of its registration. The Petitioner averred that the F.I.R is a public document; however, to obtain a copy of F.I.R from the police is not an easy task for the general public. Therefore, if the F.I.R is put to websites it would be in the larger public interest and the same will also avoid many difficulties being faced by the general public.
In November 2015, Allahabad High Court had directed the State Government to ensure that all FIRs be uploaded on the website of the U.P. Police, except in exceptional circumstances, “where the need to preserve the identity of the victim, the course of proper investigation, the protection of witnesses and other aspects involving a predominant consideration of public interest may warrant the FIR not being uploaded on the website.”
High Court of Himachal Pradesh also directed the police to upload the copy of First Information Report [FIR] in the Website within 24 hours of lodging it, from 26.01.2015.
Unsuccessful divorce proceedings won’t affect applications under DV Act
The Supreme Court held that unsuccessful divorce proceedings cannot adversely affect the maintainability of application filed under the Domestic Violence Act.
No TDS deductible on tips received by Hotel employees
The Supreme Court categorically held that ‘tips’ received by Hotel employees does not amount to ‘salary’ from their employer and hence the employer need not deduct the tax at source under Section 192 of the Income Tax Act, though the same would be chargeable in the hands of the employees as“income from other sources”.
Protection of ‘sanction’ to Govt. servants cannot be camouflaged to commit crime
The Supreme Court summarized the principles governing requirement of to prosecute Government servants and held that the offence committed by the Government servants must be directly and reasonably connected with official duty to require sanction. The Court also observed that Protection of sanction, which is an assurance to an honest and sincere officer to perform his duty honestly and to the best of his ability to further public duty, cannot be camouflaged by them to commit crime
Supreme Court held that a person can change his religion and faith but not the caste to which he belongs
The Supreme Court upheld election of Mr. Mohammed Sadique from a constituency reserved for Scheduled Castes in Punjab by setting aside the High Court judgment which had invalidated the same. Dismissing the Election petition which was allowed by the High Court, the Supreme Court Bench comprising of Justices Ranjan Gogoi and Prafulla C. Pant has reiterated that a person can change his religion and faith but not the caste, to which he belongs, as caste has linkage to birth