Page 13 - D Y Chandrachud

Group of 400 parents of LGBTQIA++ writes to CJI, seeks marriage equality

A group of over 400 parents has written to Chief Justice of India (CJI) D Y Chandrachud, heading a bench hearing the pleas seeking legal sanction for same-sex marriage, urging that their LGBTQIA++ wards be granted the right to marriage equality. The letter by Sweekar-The Rainbow Parents' assumes significance it comes when a five-judge constitution bench headed by the CJI is hearing a batch of petitions seeking legal validation for same-sex marriage for the fourth day. We desire to see our children and children-in-law find final legal acceptance for their relationship under the Special Marriage Act in our country. We are certain that a nation as big as ours which respects its diversity and stands for the value of exclusion, will open its legal gate of marriage equality to our children too. We are growing old. Some of us will touch 80 soon, we hope that we will get to see the legal stamp on the rainbow marriage of our children in our lifetime, the group said in its letter. Sweekar-Th

Why is the 30-day notice period under Special Marriage Act being opposed?

The Special Marriage Act mandates marriage officials to issue a public notice soliciting objections to an impending marriage 30 days before the ceremony

SC Constitution bench hearing on same-sex marriage on Apr 24 cancelled

The Constitution bench hearing scheduled on April 24 on a batch of pleas seeking legalisation of same sex marriage has been cancelled. In a communication issued late on Friday, it was informed that due to the unavailability of Justices Sanjay Kishan Kaul and Ravindra S Bhat, who are part of the Constitution bench, the hearing on the matter will not be taken up. "It is hereby notified for the information of all concerned that on account of indisposition, hon'ble Mr. Justice Sanjay Kishan Kaul and hon'ble Mr. Justice S. Ravindra Bhat will not be able to hold the court on 24.04.2023 (monday). "Therefore, the Constitution bench comprising Chief Justice DY Chandrachud, Justices S K Kaul, S R Bhat, Hima Kohli and P S Narasimha will not sit on April 24 and constitution bench matter listed before this bench shall not be taken up for hearing on Monday," a notice issued by the top court said. Earlier in the day, Justice Chandrachud had indicated that the apex court bench headed by him would

CJI D Y Chandrachud on same-sex marriage: 'Are binary spouses essential?'

A five-judge Constitution bench headed by Chief Justice D Y Chandrachud, which is hearing a batch of petitions seeking legal sanction for same-sex marriage

Notice of objection under SM Act goes against right to privacy, says SC

Justice Ravindra Bhat remarked that such provisions were 'based on patriarchy' and 'was created at a time when women didn't have agency'

Atiq's 'secret' letter being sent to CJI, CM Adityanath, says his lawyer

A letter written by Atiq Ahmad two weeks before his murder with instructions to send it to the Uttar Pradesh chief minister and the chief justice of India in case of his death is being dispatched to them, his lawyer said on Tuesday. "That letter in a sealed envelope is neither with me nor sent by me. It is kept somewhere else and being sent by some other person. I don't know the contents of the letter," gangster-politician's lawyer Vijay Mishra said. In a related development, the Supreme Court on Tuesday agreed to hear on April 24 a plea seeking an independent probe into the killing of Ahmad and his brother Ashraf in Prayagraj. Ahmad (60) and Ashraf were shot dead at point-blank range by three men posing as journalists on Saturday night while police personnel were escorting the two brothers to a hospital in Prayagraj for a check-up. "Atiq Ahmad had said that if there was any mishap or if he was murdered, the letter in the sealed envelope should be sent to the chief justice of India

SC begins hearing of pleas to recognise same-sex marriages; details here

A five-judge Constitution bench comprising chief justice of India (CJI) DY Chandrachud and justices SK Kaul, Ravindra Bhat, Hima Kohli and PS Narasimha is hearing the pleas

Full strength SC should not be aberration but regular feature: Chandrachud

Chief Justice of India (CJI) D Y Chandrachud has said a Supreme Court functioning at its full strength should not be an aberration but a regular feature and asked the in-house think tank --Center for Research and Planning (CRP)-- to collect data of top 50 judges in the country for selection as future apex court judges. With the swearing-in of Justices Rajesh Bindal and Aravind Kumar, on February 13, this year, the top court got the full strength of 34 judges including the CJI. The CRP was set up in 2018 by the then CJI, Ranjan Gogoi, to strengthen the knowledge infrastructure of Supreme Court and, apart from research, the think tank is mandated to focus on outreach that includes explaining key decisions of the SC as well as its contribution to law and justice, besides the working of courts. The CJI was speaking at a function organised by the Supreme Court Bar Association (SCBA) on Tuesday to felicitate justices Dipankar Datta, Pankaj Mithal, Sanjay Karol, Sanjay Kumar, Ahsanuddin .

Don't mess around with my authority, angry CJI Chandrachud warns lawyer

Don't mess around with my authority, an angry Chief Justice of India (CJI) D Y Chandrachud Tuesday warned a lawyer when he mentioned a case for early hearing before a Supreme Court bench presided over by him. The CJI, who rarely loses his cool during judicial proceedings, got irked when the lawyer first sought an early hearing of his case and, after being told that it will be listed on April 17, asked for liberty to mention it before another bench. I can mention before another bench if permitted, the lawyer said. Do not play these tricks with me. You can't mention it here and then elsewhere for an earlier date, the CJI, who was sharing the bench with justices P S Narasimha and J B Pardiwala, said. Sensing the mood of the bench, the lawyer expressed regret and said he should be be excused for his submissions. Yes, you are excused. But do not mess around with my authority, the CJI said sternly and proceeded to hear mentioning of other cases for urgent hearing. Every morning, the CJ

Law should take into consideration realities of communities: Chandrachud

Chief Justice of India DY Chandrachud said that law must have the touch of humanity to serve the interests of all people and should always be used with a sensibility to address the roots of problems. Addressing the platinum jubilee celebration of Gauhati High Court on Friday, CJI Chandrachud said the law should take into consideration the realities of the communities where it is sought to be implemented. When the law is wisely interpreted and applied, people have faith in the social structure and it is a step forward towards the realisation of justice, he said. "The legitimacy of the judiciary lies in the faith and confidence it commands from the people, who in turn depend on judicial independence. People's faith in the judiciary is determined by the single most important factor that judiciary is the first and last access for citizens in distress and need," he said. "Law must be imbued with a touch of humanity ... A human touch is essential to ensure that law serves the interests o

Law must have touch of humanity and should be used with sensibility: CJI

Chief Justice of India D Y Chandrachud Friday said that law must have the touch of humanity to serve the interests of all people and should always be used with sensibility to address the roots of problems. The law should take into consideration the realities of the communities where it is sought to be implemented, Justice Chandrachud said at the platinum jubilee celebration of Gauhati High Court here. When the law is wisely interpreted and applied, people have faith in the social structure and it is a step forward towards the realisation of justice. The legitimacy of the judiciary lies in the faith and confidence it commands from the people, who in turn depend on judicial independence. People's faith in judiciary is determined by the single most important factor that judiciary is the first and last access for citizens in distress and need, he said. "Law must be imbued with a touch of humanity ... A human touch is essential to ensure that law serves the interests of all. There ..

Chilling effect: Supreme Court lifts ban on MediaOne news channel

Says views critical of govt can't be termed anti-establishment; criticises sealed cover proceedings

CJI approves fresh guidelines on engaging services of law clerks in SC

Chief Justice of India (CJI) D Y Chandrachud has approved fresh guidelines for engaging the services of law interns for assisting Supreme Court judges in legal research after which they will be paid a consolidated remuneration of Rs 80,000 per month. The top court has come up with a fresh Scheme for Engaging Law Clerk-cum-Research Associates on Short-Term Contractual Assignment in the Supreme Court of India. A Law Clerk will be paid a consolidated remuneration of Rs. 80,000/- per month for the assignment term and there will be no other allowances/perquisites, the apex court notification said, adding if such persons are given an extension after 12 months of the initial assignment, then a consolidated remuneration of Rs. 90,000/- per month will be paid for the extended assignment term without any other allowances or perquisites. The CIJI and other SC judges will be entitled to the services of four Law Clerks out of which the first two shall be selected mandatorily through the selectio

Support must be given for presence of more women lawyers in courts: CJI

Justice Chandrachud asked the Madras High Court Chief Justice to take initiative for the formation of creches in all the high court as well as all the district courts in the state

CJI Chandrachud inaugurates yoga, recreation hall for SC registry officials

Chief Justice DY Chandrachud on Thursday inaugurated the newly created Yoga and Recreation Hall' for Supreme Court registry officials in the additional building complex of the apex court. CJI Chandrachud, who inaugurated the hall by cutting a ribbon, also played a game of carrom with Justice Ajay Rastogi and PS Narasimha and others judges. Justice Rastogi even played table tennis. In its circular, the apex court said 'Yoga and Recreation Hall' has been opened for the officers/officials of the registry on the fourth floor in the lobby between A and B blocks, additional building complex and will be open for use on all working days of the registry. It said from Monday to Saturday, the hall will be opened for three sessions with the first from 7.45 am to 8.45 am and the second from 8.45 am to 9.45 am. The third session will commence from Monday to Friday between 5.15 pm and 6.15 pm and on Saturday it will be held from 1.15 pm to 2.15 pm. "A register will be maintained at the Yoga and

SC to hear batch of petitions on criminalisation of marital rape on May 9

The Supreme Court on Wednesday fixed May 9 for a detailed hearing on a batch of petitions pertaining to criminalisation of marital rape. Senior advocate Indira Jaising mentioned the matter before a bench headed by Chief Justice DY Chandrachud. She told the bench that the order of arguments and common compilation in the case is ready. Solicitor General Tushar Mehta said the Centre's reply is ready and has to be vetted. "List this on May 9, 2023," the bench said. The top court on January 16 had sought a response of the Centre on a batch of petitions pertaining to criminalisation of marital rape. One of the pleas has been filed in relation to the Delhi High Court's split verdict on the issue. This appeal has been filed by Khushboo Saifi, one of the petitioners before the Delhi High Court. The Delhi High Court on May 11 last year had delivered a split verdict on the issue.

SC to form bench to hear Bilkis Bano's plea against release of convicts

The Supreme Court on Wednesday agreed to constitute a special bench to hear a plea by Bilkis Bano, who was gang-raped during the 2002 Gujarat riots, against the remission of sentence of 11 convicts in the case. A bench of Chief Justice DY Chandrachud and justices PS Narasimha and JB Pardiwala assured Bano, represented through her lawyer Shobha Gupta, that the new bench will be formed. Gupta mentioned the matter for urgent hearing and said that a new bench needs to be constituted. "I will have a bench constituted. Will look at it this evening," the CJI said. Earlier, on January 24, the hearing on Bano's plea challenging the remission of sentence of 11 convicts in the gang-rape case by the Gujarat government could not be held in the top court as the judges concerned were hearing a matter related to passive euthanasia as part of a five-judge Constitution bench. Besides the plea challenging the release of the convicts, the gang-rape survivor had also filed a separate petition seeking

SC to decide if electoral bonds need to be referred to bench on April 11

The electoral bond scheme was implemented by the Centre in 2018 as a source of political funding

Abolition of Odisha Administrative Tribunal constitutionally valid: SC

The Supreme Court Tuesday held that the abolition of the Odisha Administrative Tribunal was constitutionally valid. A bench headed by Chief Justice DY Chandrachud rejected the challenge to the decision by the tribunal bar association. "We hold that abolition of Orissa Administrative Tribunal (OAT) was constitutionally valid. Article 323A (dealing with Administrative tribunals) does not preclude the Union of India to abolish state administrative tribunals. The decision to abolish the tribunal is not violative of Article 14 of the Constitution," the bench also comprising Justice PS Narasimha said. The apex court was hearing an appeal filed by the Orissa Administrative Tribunal Bar Association against a high court order that upheld the notification issued by the Department of Personnel and Training of the central government on August 2, 2019, which abolished OAT. The high court had noted in its order that there was sufficient material to support the view of the state government that O

SC refuses to accept Centre's sealed cover note on payment of OROP dues

The Supreme Court on Monday refused to accept the Centre's sealed cover note about its views on the payment of One Rank One Pension (OROP) arrears to ex-service personnel. We need to put an end to this sealed cover practice in the Supreme Court... This is fundamentally contrary to basic process of fair justice, said a bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala. I am personally averse to sealed covers. There has to be transparency in court... This is about implementing orders. What can be secret here, the CJI said. The bench is currently hearing the Indian Ex-Servicemen Movement's (IESM) plea over payment of OROP dues. The top court, on March 13, came down heavily on the government for "unilaterally" deciding to pay OROP dues in four instalments. The defence ministry has recently filed an affidavit and a compliance note in the top court, giving the time schedule for payment of the arrears of Rs 28,000 crore to ex-servicemen for years 2019-2