2016 (10) TMI 1268 - SCH - Indian Laws

Constitutional and fundamental right - right to consume alcohol - violation of the right to privacy - HELD THAT - As some of the respondents have entered appearance, a copy of the special leave petitions be served on them and no further notice need be issued on the said respondents. The other respondents be served in the usual course. Let the matter be listed after ten weeks.

Summary

Issues:
1. Service of notice to respondents
2. Filing of counter affidavit and rejoinder affidavit
3. Stay of operation of judgment by High Court

Analysis:
1. The Supreme Court ordered the issuance of notice to the respondents, returnable within eight weeks. As some respondents had already entered appearance, special leave petitions were to be served on them, and no further notice was required for those respondents. Other respondents were to be served in the usual course.

2. The Court directed the filing of a counter affidavit within six weeks and a rejoinder affidavit, if any, within four weeks from the filing of the counter affidavit. This procedural requirement ensured that all parties had the opportunity to present their arguments and respond to the claims made.

3. An interim measure was put in place by the Supreme Court, staying the operation of the judgment and order passed by the Division Bench of the High Court of Judicature at Patna on 30th September, 2016 in C.W.J.C. No.6675 of 2016 and related matters. This stay was likely granted to prevent any immediate enforcement of the High Court's decision until the Supreme Court could fully review the case.