The Supreme Court has upheld the constitutional validity of the Wildlife Protection (Amendment) Act 1991 whereby certain provisions have been prohibiting trade in ivory, including imported ivory. The Indian Handicrafts Emporium contended that the impugned provisions are unconstitutional as the same has unjustly prohibited the right to trade in ivory and is violative of the right to property. A subsequent amendment completely banned possession of ivory whether by a trader or otherwise. Upholding the constitutionality of the amending provisions, the court held inter alia that the provisions seek to protect the Indian elephant. It directed that instead of destroying the articles taken possession of, they be kept in premises the authorities think fit (Indian Handicrafts Emporium vs Union of India).
A retired employee complained before the Consumer Disputes Redressal Forum against the Kerala State Co-operative Pension Board for delay in processing his application for disbursement of pension. A monthly contribution at 8.33 per cent of the pay of each of the employees was credited to the fund by the employer co-operative societies. The board argues that it is a statutory board and the service is rendered free of charge. The complainant is not a ‘consumer’ and no ‘service’ is rendered by the board. The Kerala High Court held that the pension scheme provides inter alia that “All expenses of the Pension Fund shall be met from the fund.” Further, the board cannot plead ‘statutory immunity’ (K.S. Co-operative Employees Pension Board vs Consumer District Redressal Forum, Idukki).
The Andhra Pradesh High Court has held that when a person arrested on suspicion of committing a crime has to appear for an interview or sit for an exam, the police officials concerned must make suitable arrangements, as losing such an opportunity would cause serious loss to the detenu. This decision was made with regard to a writ petition, which was entertained on the basis of a telegram sent by the detenu’s brother who stated that the former was arrested in a false case. He was denied from appearing in the scheduled board exam. His fundamental rights were being violated (Mullipudi Mukunda Rao vs sub-inspector of police, Penumara P.S., West Godavari District & Ors).
SOLON
