Green crackers, Sahara-SEBI, Digital Arrest, Asian Paints, and more

“Today, money is no longer stolen from pockets but from systems. UPI may have removed cash, but not corruption. It has only made the thefts digital.”

-Former chief justice of India Sanjiv Khanna while speaking at a conference on combating white collar crimes

Relaxing firecracker ban may not strike the balance the Supreme Court expected

India’s top court allowed sale and use of green crackers, which are less polluting than regular firecrackers, in Delhi NCR for a few days around Diwali. The court’s decision was announced a day after Delhi’s air quality slipped to “poor” category prompting imposition of first stage of government’s action plan to arrest air pollution.

The court’s rationale behind permitting limited sale and use of these less-polluting variety of crackers was to balance people’s sentiments with the environment’s needs. The court said it also considered the aspect of livelihood of workers in the firecracker industry. While the rationale sounds ideal on paper, the balance the court is vying to strike may not be achieved after all.

Green crackers are 30% less polluting compared to traditional one, but are not completely harmless. Unlike last year when there was a blanket ban on use of firecrackers, this year a permissible window for the sale and use is allowed. Despite a complete ban in the preceding years, Delhi saw widespread use of firecrackers pushing the air quality index beyond measurable limits making the capital’s air hazardous. With a leeway granted this year, the said permissions will embolden the citizens to flout the restrictions even more with no real practical method to enforce the court’s timelines and guidelines.

Delhi’s air has already slipped to “very poor” category ahead of Diwali in what has now become a seasonal phenomenon and the festive cheer with permitted use of firecrackers is only likely to push the scale further south, as the national capital’s new government is pushing the campaign for widespread adoption and use of the green crackers that will add to the toxicity of the air choking the region.

Key Rulings:

• Supreme Court allows sale and use of green crackers in Delhi NCR during Diwali within a limited time period under strict guidelines
• Supreme Court sets up a committee to look into the issue of equal job opportunities for transgender persons
• Rajasthan High Court ruled that no permission for sale, manufacture, distribution or even import of genetically modified food products be granted till regulations on the subject are formulated and given effect to

Courts:

• In another round of personality rights litigation, Delhi High Court gives protection to singer Kumar Sanu, Bombay High Court to actor Akshay Kumar
• Supreme Court upholds Delhi High Court order refusing to bar Natco Pharma from producing and selling drug for treatment of Spinal Muscular Atrophy on a plea by pharma co Roche
• Top Court takes suo moto cognizance of the rising cases of digital arrests, seeks replies from the union government through the home ministry as well as the Central Bureau of Investigation
• Supreme Court makes ministry of Finance and Corporate Affairs party to lawsuit for proposed sale of Sahara’s assets to Adani
• Father of a deceased pilot in the Air India crash of June files a petition before the Supreme Court for a judicial inquiry into the incident
• Delhi High Court asks the Information and Broadcasting ministry to finalise guidelines over access for disabled persons to OTT platforms
• Attorney General gives consent to seek contempt case against Rakesh Kishore, the lawyer who hurled a shoe at the Chief Justice of India
• Supreme Court defers hearing on VodafoneIdea’s plea in relation to AGR dues case to October 27 on a request by government counsel
• No relief for Asian Paints against Competition Commission of India investigation as Supreme Court refuses to accept its plea

The Big Listings

• Oct 27: Supreme Court scheduled to hear VodafoneIdea’s fresh petition seeking waiver in relation to AGR dues
• Oct 29: NCLT in Ahmedabad to hear petition for Vedanta’s demerger
• Nov 17: Supreme Court to hear Sahara’s plea for court’s nod to sell its properties to Adani to raise funds
• Nov 18: Securities Appellate Tribunal to hear appeal by Jane Street challenging SEBI’s move to allegedly refuse access to important documents to the firm in the case against it

* The dates of hearing can change and a final list is prepared just a day before

Legal Moves:
1. Centre notifies transfer of:

• Justice Atul Sreedharan from Madhya Pradesh to Allahabad High Court after collegium recalls previous proposal for his transfer to Chhattisgarh
• Justices Shubhendhu Samanta, Donadi Ramesh, and CM Roy to Andhra Pradesh High Court
• Justices Dinesh Mehta, Avneesh Jhingan, and Chandrasekharan Sudha to Delhi High Court
• Justice Sandeep Bhatt to Madhya Pradesh High Court
• Justice Sanjay Kumar Singh to Patna High Court
• Justice Tara Vitasta Ganju to Karnataka High Court
• Justice Arun Monga to Rajasthan High Court
• Justice Nisha Banu to Kerala High Court

2. Sunila Awasthi leaves AZB & partners to join Lex Jurists