2020 – FEW INTERESTING JUDGMENTS FROM THE HON'BLE SUPREME COURT

Adv Sherry Samuel Oommen This article is authored by Adv Sherry Samuel Oommen. Adv Oommen, who specializes in constitution, tax and corporate laws has also cleared the final exams of the Institute of Chartered Accountants of India, the Institute of Cost Accountants of India and the Institute of Company Secretaries of India. He has also completed his Masters Degree in Commerce, apart from obtaining a Post Graduate Diploma in Business and Corporate Laws from Symbiosis Pune. The views expressly are personal and should not be construed as a legal [e-mail].

- Adv Sherry Samuel Oommen

Despite the pandemic, the Hon’ble Supreme Court has, to a certain extent, ensured protection of the liberty of individuals and their fundamental rights guaranteed under the Constitution of India. To start with, the Hon’ble Supreme Court in its judgment in Guidelines for Court Functioning Through Video Conferencing During Covid 19 Pandemic (2020) 6 SCC 686 authorized the Courts to ensure the robust functioning of the judicial system through the use of video conferencing technologies. Further, the Courts were also directed to notify and make available the facilities for video conferencing for litigants who do not have access or means to video conferencing facilities. Interestingly, the use of video conferencing technologies for recording of evidence was upheld by the Supreme Court way back in 2003 in the landmark decision in the case of State of Maharashtra Vs Dr Praful B Desai (2003) 4 SCC 601. It did take this pandemic to ensure that Courts too make use of technology.

In the context of the pandemic, the Hon’ble Supreme Court has issued a slew of directions/orders. A few of them have been detailed below:

1. One of them being that homeopathy could be used in preventing and mitigation COVID-19 as per Ayush Ministry Guidelines. The Court in the case of Dr AKB Sadbhavana Mission School of Homeo Pharmacy 2020 SCC Online SC 1022 noted that homeopathic medicines are medicines for prophylaxis, amelioration and mitigation of diseases.