Page 10 - Supreme Court

SC to hear on Nov 24 plea challenging activist Sonam Wangchuk's detention

The Supreme Court is scheduled to hear on Monday a plea filed by Sonam Wangchuk's wife which termed the climate activist's detention under the stringent National Security Act as illegal and an arbitrary exercise violating his fundamental rights. The top court had on October 29 sought response of the Centre and the Ladakh administration on the amended plea of Wangchuk's wife Gitanjali J Angmo. As per the apex court's cause list of November 24, the plea is slated to come up for hearing before a bench of Justices Aravind Kumar and N V Anjaria. Wangchuk was detained under the National Security Act (NSA) on September 26, two days after violent protests demanding statehood and Sixth Schedule status for Ladakh left four people dead and 90 injured in the Union Territory. The government had accused him of inciting the violence. The amended plea has said, "The detention order is founded upon stale FIRs, vague imputations, and speculative assertions, lacks any live or proximate connection to

Dealing with pendency of cases will be my priority as CJI: Justice Kant

CJI-designate Justice Surya Kant on Saturday said dealing with a huge backlog of over 5 crore cases across courts in the country and promoting "game changer" mediation as an alternative mode of dispute resolution will be his two top priorities as head of the judiciary. On online trolling of judges and judgements, he said these things never perturbed him. Fair criticism is always acceptable, he said. Justice Kant, who was appointed as the 53rd Chief Justice of India (CJI) on October 30 by President Droupadi Murmu, will take the oath of office on November 24 to succeed Justice B R Gavai. In an informal chat with mediapersons at his official residence here, Justice Kant said, "My first and foremost challenge is arrears of cases. Today's scoreboard shows that the Supreme Court arrears crossed 90,000. I am not going into how it happened, who is responsible... maybe listing (of cases) has gone up." He said he will also seek reports from high courts about the pendency of cases there and i

Brazil's ex-Prez Bolsonaro seeks house arrest for prison time citing health

Brazil's former President Jair Bolsonaro's lawyers on Friday petitioned the Supreme Court requesting that he serve his prison time under house arrest, citing poor health. Bolsonaro was convicted in September of attempting a coup following his 2022 electoral defeat and was sentenced to 27 years and three months in prison. Earlier this month, the Supreme Court unanimously rejected an appeal from his legal team, though another is expected to come this week. He has been under house arrest since August after the Supreme Court ruled he violated precautionary measures imposed on him. The former president still has not begun serving his sentence in the coup attempt trial. The lawyers said that Bolsonaro's medical reports show he needs strict checking of his blood pressure and heart rate, regular tests and specific medications, in addition to frequent visits from multiple specialists, including a cardiologist, pulmonologist and gastroenterologist. If the petitioner is sent to prison, his ..

Chief Justice Gavai bids farewell to SC after four decades in judiciary

Overwhelmed by rich tributes on his last working day, Chief Justice of India Bhushan Ramkrishna Gavai on Friday said he was leaving the institution "with a full sense of satisfaction and contentment" and as a "student of justice" on concluding four decades of journey as a lawyer and a judge. In another farewell function held by the Supreme Court Bar Association (SCBA) in the evening, the 52nd CJI recalled the ire that he faced from his own community for one of his judgments in which it was held that the creamy layers among the Scheduled Castes (SCs) can also be denied the reservation benefits in admissions and jobs. "Being an ardent student of the Constitution, the virtues of equality, justice, liberty and fraternity were always close to my heart," he said. The CJI, who would demit office on November 23, a Sunday, justified his recent landmark verdict quashing key provisions of the 2021 Tribunals Reforms law saying independence of the judiciary is the basic structure of the ...

CAs on a par with advocates for ITAT appointment, rules Supreme Court

The Supreme Court has ruled that chartered accountants with ten years' experience can qualify for ITAT membership, striking down the earlier 25-year requirement as unconstitutional

CAA protests meant to topple govt like in B'desh, Nepal: Delhi Police to SC

The protests against the CAA in the national capital were not a simple dharna but were aimed at regime change like Bangladesh and Nepal, the Delhi Police told the Supreme Court on Friday while opposing bail plea of activists Umar Khalid, Sharjeel Imam and others in the February 2020 riots case. Additional Solicitor General S V Raju, appearing for the Delhi Police, told a bench of Justices Aravind Kumar and N V Anjaria that the Delhi riots were the result of a conspiracy involving several accused, including Tahir Hussain, Shifa Ur Rahman, Meeran Haider, Ishrat Jahan and Khalid Saifi, who he alleged financed the violence. Citing statements from a witness, Raju submitted that conspirators planned violence, organised chakka jams to disrupt and "choke Assam out of India," and further mobilised rioters who, armed with sticks, engaged in heavy stone-pelting. "This is a clear case where UAPA [Unlawful Activities (Prevention) Act, 1967] offences are attracted, conspiracy to commit terrorist

SC's green clearance ruling recall could push ahead stalled projects

The Supreme Court's recall of its May 2025 ruling on retrospective environmental clearances eases demolition fears for hundreds of projects and offers relief to homebuyers, developers and lenders

Decoded: What is Article 142 that put the SC in a constitutional crossfire?

The Supreme Court's latest ruling has redrawn the limits of Article 142, overturning its own 'deemed assent' order and clarifying how far the judiciary can intervene in legislative-executive disputes

SC issues notice to ECI on Kerala's petition seeking postponement of SIR

Senior Advocate Kapil Sibal, appearing for the Kerala government, submitted in the court that the SIR schedule clashes directly with the state's upcoming local body elections

SC seeks EC's response on pleas challenging SIR in Kerala, other states

The Supreme Court on Friday agreed to hear a batch of pleas challenging the Election Commission's decision to conduct Special Intensive Revision (SIR) exercise in Kerala, Uttar Pradesh and other states. A bench of Justices Surya Kant, SVN Bhatti and Joymalya Bagchi issued notice to the Election Commission on all the fresh petitions filed by different political leaders, challenging SIR exercises in different states on different grounds. Senior advocate Kapil Sibal, appearing for a petitioner challenging SIR exercise in Kerala, submitted that local body elections are also scheduled to be held in the state and, therefore, there is some urgency involved in the matter. The bench directed the pleas challenging SIR exercise in Kerala will be listed on November 26 and rest of the petitions challenging electoral roll revision exercise in other states will be taken up for hearing in the first or second week of December. The top court is already hearing a batch of pleas challenging the validi

I practice Buddhism, but I believe in all religions: CJI B R Gavai

Outgoing Chief Justice of India B R Gavai on Thursday said that he practises Buddhism but he is a truly secular person who believes in all the religions. Speaking at a farewell function organised by the Supreme Court Advocates on Record Association (SCAORA), Gavai expressed his gratitude, saying that the country's judiciary has given him a lot. Gavai is scheduled to retire on November 23, and Friday would be his last working day in Supreme Court. "I practice Buddhism but I do not have much depth in any religious studies. I am truly secular and I believe in Hinduism, Sikhism, Islam, Christianity, everything," Gavai said. "I have learnt this from my father. He was a secular and erudite follower of Dr Ambedkar. While growing up, when we used to accompany him to political functions and his friends say, 'Come here, the dargah here is famous, or the gurdwara here is famous', we used to go," the CJI recollected. Gavai said he could reach the current position only because of Dr Ambedkar a

Courts cannot fix deadlines for Guv, Prez on assent to Bills, says SC

Experts say ruling 'reaffirms federal balance'

Timelines can't be fixed for governors to give assent to bills, says SC

A five-judge Constitution Bench ruled that courts cannot prescribe fixed timelines for governors or the President to decide on bills, but emphasised that governors cannot indefinitely delay a bill

Doctors, engineers engaging in anti-national activities: Delhi police in SC

The Delhi police on Thursday vehemently opposed the bail pleas of activists Umar Khalid, Sharjeel Imam and others in the February 2020 riots case, saying it had become a trend now for doctors and engineers to engage in anti-national activities. Additional Solicitor General SV Raju, appearing for the Delhi police, told a bench of Justices Aravind Kumar and N V Anjaria that the delay in trial was attributable to the accused and they cannot take advantage of it. Raju showed in the top court videos of Imam giving "inflammatory speeches" against the Citizenship Amendment Act. The videos showed Imam giving speeches at Chakhand, Jamia, Aligarh, and Asansol in 2019 and 2020 before the riots in February 2020 riots in Delhi. Pointing out that Imam is an engineering graduate, the advocate said, "Nowadays there is a trend that doctors, engineers are not doing their professions but engaging in anti-national activities." Raju added, "It's not a simple protest. These are violent protests. They a

Talaq-e-Hasan under SC lens: How it is different from Talaq-e-Biddat

The Muslim Women (Protection of Rights on Marriage) Act, 2019 declared the instant divorce granted by pronouncement of talaq three times as void and illegal

SC raises retirement age of MP judicial officers from 60 to 61 years

The Supreme Court on Thursday raised the retirement age of judicial officers of Madhya Pradesh from 60 to 61 years. In an interim order, a bench comprising Chief Justice B R Gavai and Justices Prasanna B Varale and K Vinod Chandran referred to a similar decision taken by the Telangana High Court. It asked why judicial officers should be denied the relief when the state government was willing to do so. It is needless to say that judicial officers as well as other employees of the state government draw salaries from the same public exchequer, the bench said, adding that the retirement age of other state government employees is 62 years. In any case there is a difference of one year between the retirement age of high court judges and the district court judges, the court said. High court judges retire at the age of 62 and now the age of superannuation of district court judges in Madhya Pradesh will be 61. The bench posted the plea for final hearing after four weeks. Senior advocate G

Indiabulls probe: SC slams Sebi, CBI and MCA for 'passive approach'

SC criticised Sebi, the CBI and the MCA for inconsistent and passive handling of allegations against IHFL, now Sammaan Capital, and directed coordinated action and fresh affidavits in the case

SC quashes age, tenure norms for tribunals; calls for new oversight body

The Supreme Court scrapped the 50-year age bar and four-year tenure for tribunal members under the 2021 law, restored earlier rules, and directed the Centre to set up a National Tribunals Commission

SC may consider referring Talaq-e-Hasan challenge to 5-judge bench

The Supreme Court on Wednesday said it may consider referring the challenge to the validity of Talaq-e-Hasan, a form of divorce among Muslims in India, to a larger five-judge constitution bench while deprecating the practice of sending notices on the husband's behalf. Through Talaq-e-Hasan, a man can dissolve a marriage by pronouncing the word "talaq" once every month over a three-month period. In 2017, the top court declared Triple Talaq, also a form of divorce prevalent among Muslim community, as unconstitutional after finding it to be arbitrary and violative of fundamental rights of Muslim women. A bench of justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh which deprecated the practice adopted by Muslim husbands while giving Talaq-e-Hasan under which they authorises any person and mostly lawyer to give divorce notice to their wives on their behalf saying, "should a civilised modern society allow this". Asking the parties to submit notes with regard to types of Talaq which c

SC's post-facto green nod rollback pulls core sectors 'back from brink'

Reversal restores 2017 and 2021 norms, reopening door to regularise past lapses