Legal News | 26 September

Punjab and Haryana High Court Lawyers Protest Alleged Custodial Torture of Colleague

Lawyers at the Punjab and Haryana High Court stage a one-day strike in protest against the alleged custodial torture of a fellow lawyer by Punjab Police’s Crime Investigation Agency (CIA). The lawyer filed a complaint stating that he was assaulted and sexually abused by CIA staff officials.

Following this, the Chief Judicial Magistrate (CJM) directed an investigation and an FIR was filed against six police officials, who were subsequently suspended. The High Court Bar Association plans to petition for an external investigation and further suspensions.

Additionally, the Bar Council of Punjab and Haryana called for an indefinite work stoppage across the region, demanding an independent agency’s involvement in the investigation and the cancellation of charges against the lawyer. They also seek the immediate suspension of the Senior Superintendent of Police in Sri Muktsar Sahib. Previously, the High Court Bar Association had appealed to the Punjab Chief Minister for the SSP’s suspension.

Copyright Clash Between Humans of Bombay and People of India Sparks Online Debate

A legal battle between Humans of Bombay (HoB) and People of India (PoI) over copyright infringement has stirred social media discourse, with Humans of New York (HoNY) founder Brandon Stanton expressing disapproval of HoB’s lawsuit against PoI. Both HoB and HoNY share a common theme of sharing personal stories, but HoB has faced allegations of imitating HoNY.

In response to the lawsuit, HoB argued that PoI copied its storytelling style, photographs, films and stories without authorization. The Delhi High Court issued summons and an injunction against PoI, noting substantial imitation in some instances. Legal experts believe that HoNY might have a passing-off case against HoB, but due to inaction and acquiescence, it remains an academic question. The court order suggests a strong copyright infringement case against PoI.

Delhi High Court: Copyright Protects Adaptations, Not Religious Scriptures

The Delhi High Court has clarified that copyright law applies to adaptations, explanations and dramatic works based on religious scriptures like the Bhagavad Gita or Bhagavatam, not the scriptures themselves.

Justice Prathiba M Singh emphasized that while the actual reproduction of religious texts can’t be copyrighted, adaptations, interpretations, audio-visual works and dramatic works inspired by them qualify for copyright protection as transformative and original creations.

This pronouncement came during a copyright infringement suit brought by the Bhaktivedanta Book Trust, founded by Srila Prabhupada, against websites and apps reproducing their works without permission. The court issued an interim injunction against the defendants, ordering Google and Meta to take down the applications and pages and requested authorities to issue blocking orders against the websites involved.

Kishore Biyani Challenges Forensic Audit Report in Bombay High Court

Kishore Biyani, founder of the Future Group, has filed a petition in the Bombay High Court challenging the forensic audit process and report concerning Future Retail Ltd. (FRL). The report, conducted by BDO India LLP on behalf of the Bank of India (BoI), alleged fraudulent transactions by FRL.

During the hearing, it was revealed that the report in question was an interim report, with the final report pending. In light of this, the Court directed BoI not to take any coercive action against Biyani based on the interim report until the next hearing, scheduled in four weeks. The dispute stems from insolvency proceedings initiated by BoI against FRL, alleging default on a restructuring scheme.

Supreme Court Constitutes Bench for PMLA Review Petitions

The Supreme Court has formed a three-judge bench consisting of Justices Sanjay Kishan Kaul, Sanjiv Khanna and Bela M Trivedi to hear review petitions against its July 2022 judgment affirming the validity of provisions in the Prevention of Money Laundering Act (PMLA). The bench is scheduled to hear the matter from October 18.

In November 2017, the Court had invalidated certain conditions for granting bail to money laundering accused under PMLA but reversed this decision in July 2022. The 2022 ruling has sparked criticism and led to multiple review applications. Retired Justice Rohinton Fali Nariman and former Chief Justice of India UU Lalit expressed concerns over the decision and review pleas were filed, including one by Congress leader Karti Chidambaram. The Court had also sought responses on the validity of specific PMLA sections earlier this year.

Supreme Court Highlights Delays in Judge Appointments

The Supreme Court has noted that the Central government has yet to act on Collegium proposals to appoint nine High Court judges and transfer twenty-six others, including the Chief Justice of a sensitive High Court. These delays have raised concerns, as potential candidates are reportedly withdrawing their names from consideration due to the extended waiting period.

The Supreme Court emphasized the adverse consequences of delays in judicial appointments, affecting not only the legal profession but also hindering the seniority of judges. The Court has previously expressed frustration over the government’s tendency to pick and choose nominees recommended by the Collegium for judgeships. The matter remains under consideration, awaiting further instructions from the Attorney General.