Page 101 - Supreme Court

In landmark ruling, SC strikes down State's power to seize private property

The ruling calls into question the doctrine of eminent domain, where state could summarily acquire private property, particularly land, for public use, and redefines the economic powers of the state

State cannot seize private property for 'common good', says Supreme Court | SC ruling

The Supreme Court of India has issued a landmark ruling, restricting state authorities from seizing private property under the “common good” principle.

SC overturns 1978 ruling, strikes down State's power to seize pvt property

The SC ruling, held by a majority of 8:1, adds that private property does not qualify as 'material resources of the community' as defined under Article 39(b) of the Indian Constitution

UP cabinet clears new rules for DGP appointment through selection committee

The Uttar Pradesh government has approved a new set of rules for independent and transparent selection of director general of police (DGP) by a committee headed by a retired high court judge. The Appointment Rules, 2024 were cleared by the state cabinet at a meeting here on Monday. With this, the government will not have to send names to the Union Public Service Commission (UPSC) panel for the appointment of the state police chief. "The objective of the Appointment Rules, 2024 is to establish an independent and transparent mechanism for selection of a suitable person for appointment to the post of DGP to ensure that the said selection is free from political or executive interference and is also in accordance with the specific conditions and policing requirements of Uttar Pradesh," the new guidelines said. The selection committee will be headed by a retired high court judge. It will have the chief secretary, a UPSC nominee, Uttar Pradesh Public Service Commission chairman or nominee

SC issues directions to improve policy governing remission of convicts

The Supreme Court has issued a slew of directions aimed at standardising and improving the transparency of policies governing permanent remission to convicts in the country. The directions of the bench comprising Justices Abhay S Oka and Augustine George Masih mandate greater accessibility to policy information, timely communication of decisions, and individualised consideration of cases to prevent arbitrary conditions. The bench was hearing a suo motu case of 2021 titled as "Policy Strategy for Grant of Bail" and directed all states and union territories to inform convicts of any rejection of applications for permanent remission within one week. They will also have to forward copies of these rejections to the district legal services authorities concerned to ensure appropriate steps were taken to provide legal aid to the convicts. At this stage, we issue the following directions, which will apply to all the states: (i) The copies of the existing policies governing the grant of ...

SC raps Delhi govt over pollution; says firecracker ban hardly implemented

The Supreme Court has demanded explanations from the Aam Aadmi Party (AAP) government and the Delhi police regarding the failure to enforce the ban

SC relaxes bail condition on Kerala-based journalist Kappan in UAPA case

The Supreme Court on Monday allowed a plea by Kerala-based journalist Siddique Kappan seeking relaxation of a bail condition of reporting to police every week in a UAPA case registered against him. A bench of Justices P S Narasimhan and Sandeep Mehta relaxed the bail condition imposed by the top court on Kappan while granting bail in September 2022. "The order dated September 9, 2022, is modified and it shall not be necessary for the petitioner to report to the local police station. The other prayers made in the present application can be agitated independently," the bench said. The top court had on September 17 asked the state government to file its reply on the plea of Kappan, who was arrested in October 2020 while on his way to Hathras in Uttar Pradesh after a Dalit woman from there died following gangrape. On September 9, 2022, the top court granted bail to Kappan, who was in jail for almost two years, while observing that every person has the right to free expression. It had

SC relaxes bail condition of journalist Siddique Kappan in Hathras case

Uttar Pradesh government had said that Kappan has close links with extremist organisation Popular Front of India

Decide on mercy plea of Beant Singh's assassin or we will: SC to Centre

The Supreme Court on Monday said it would consider the the mercy petition of death row convict Balwant Singh Rajoana, convicted in the 1995 assassination case of then Punjab chief minister Beant Singh, if the Centre does not decide on it "either way". A bench of Justices B R Gavai, P K Mishra and K V Viswanathan adjourned for two weeks the former Punjab Police constable's plea seeking commutation of his death sentence to life term due to an "inordinate delay" in deciding his mercy petition. "Decide it either way or we will consider it (Rajoana's plea)," the bench told Solicitor General Tushar Mehta, appearing for the Centre, after he informed the court that Rajoana's mercy plea was pending with the president's house. Rajoana has been in continuous custody for 29 years, said his counsel, senior advocate Mukul Rohatgi, while seeking his release till the mercy petition is decided. "His mercy petition has been pending with the president's house for the past 12 years. Please release him

SC to consider listing PIL related to recent bridge collapses in Bihar

The Supreme Court on Monday agreed to consider listing for hearing a plea that raised concerns about the safety and longevity of bridges in Bihar after several of them collapsed in recent months. A bench comprising Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, in July 29 this year, had sought responses from the Bihar government and others, including the National Highway Authorities of India (NHAI), on the public interest litigation (PIL). On Monday, a lawyer representing the petitioner, advocate Brajesh Singh, mentioned the plea for hearing. "I will look into this," the CJI said and asked whether an email regarding this was sent to his office. The PIL sought directions for a structural audit and setting up of an expert panel to identify bridges that can be either strengthened or demolished based on its findings. Besides the state and the NHAI, the top court had also issued notices to the road construction department's additional chief ...

No forward movement on 4 names reiterated by Collegium headed by CJI

There has been no forward movement on the names reiterated by the Supreme Court Collegium headed by Justice D Y Chandrachud for appointment as high court judges as he demits office as the chief justice of India on November 10. The collegium had in January 2023 reiterated the names of advocates Saurabh Kirpal for elevation as a judge of the Delhi High Court, R John Satyan as judge of the Madras HC, and Amitesh Banerjee and Sakya Sen as judges of the Calcutta High Court. The top court collegium had also reiterated the name of Somasekhar Sundaresan, also an advocate, as judge of the Bombay High Court in January 2023. In November that year, he was elevated as a judge of the Bombay HC. People aware of the procedure to appoint high court and Supreme Court judges said the files relating to Kirpal, Satyan, Banerjee and Sen are still pending with the government. In Januaary 2023, the Supreme Court collegium had for the second time reiterated the names of Banerjee and Sen for appointment as

Around 98% schools have separate toilet facilities for girls: Centre to SC

The Centre has informed the Supreme Court that more than 97.5 per cent schools in the country, including government, government-aided and private ones, have provided separate toilets facilities for girl students. It has filed an affidavit in a pending PIL moved by Congress leader and social activist Jaya Thakur seeking directions to the Centre and states to provide free sanitary pads to girl students of Classes 6 to 12 and ensure separate female toilet facilities in all government, government-aided and residential schools. The Centre has told the top court that states and Union territories, such as Delhi, Goa and Puducherry, have achieved 100 per cent targets and complied with the earlier orders of the court. It has also informed the court that 16 lakh toilets for boys and 17.5 lakh toilets for girls have been constructed in more than 10 lakh government schools and 2.5 lakh toilets for boys and 2.9 lakh toilets for girls have been made available in government-aided schools. The Cen

8 of 11 members of Mexico's SC to resign in protest of judicial overhaul

Eight justices of Mexico's Supreme Court have said they will leave the court rather than stand for election as required by a controversial judicial overhaul passed last month. Supreme Court President Norma Pina and seven others submitted letters Tuesday and Wednesday stating they would leave their posts rather than compete in judicial elections scheduled for next June. The court's three other justices have indicated they will compete in the elections. Previously, the Supreme Court's justices were selected by the Senate. Last month, Mexico's Congress passed and a majority of states ratified then-President Andres Manuel Lopez Obrador's initiative to make all of the country's judges subject to election. Lopez Obrador and his allies, including his successor Claudia Sheinbaum, have said the radical change will help rid the judicial system of corruption. However, critics say the courts will become less independent and more subject to political forces. The resignations came before the

SC rules courts cannot demand bail bonds from accused six months post-order

The Supreme Court has said courts cannot impose a condition on the accused to furnish bail bonds after six months of the passing of the bail order. A bench of Justices Bela M Trivedi and Satish Chandra Sharma said if the court was satisfied on merits, it should either grant bail or reject it. On October 24, the apex court dealt with a petition filed by a man who had challenged an order of the Patna High Court, directing him to furnish bail bonds after six months in a case against him under the Bihar Prohibition and Excise Amendment Act. The man was, therefore, directed to be released by the trial court on bail upon furnishing bonds of Rs 10,000 with two sureties of the like amount. While dealing with his plea, the top court noted, "This is one of the few orders we have come across in last few days passed by the high court, in which, without deciding the matter on merits, the high court has granted the bail to the present petitioner, subject to the condition that the petitioner-accu

Bar Council of India removes 107 'fake' lawyers from its roll in Delhi

The Bar Council of India (BCI) has removed names of 107 fake lawyers from its roll between 2019 and October 2024 in Delhi as a part of its ongoing drive to maintain "integrity and professionalism". "This decisive action is aimed at eliminating fake advocates and those who no longer meet the standards of legal practice. By doing so, the BCI has tried to continue to protect the public's trust and the legal system itself from unethical practices," read a BCI statement on October 26. BCI secretary Srimanto Sen said the names of 107 fake lawyers have been struck off from the roll in Delhi alone as part of its ongoing effort to maintain the integrity and professionalism of the legal community. "Between 2019 and June 23, 2023, several thousands of fake advocates were removed after a thorough investigation into their credentials and practices. These removals are largely due to issues of fake and forged certificates, and misrepresentation during enrolment. Besides, failure to actively practi

A institution can be improved, doesn't mean it is fundamentally flawed: CJI

Every institution can be improved, but it should not lead to the conclusion that there is something fundamentally wrong with it, Chief Justice of India D Y Chandrachud said here on Saturday while talking about the collegium system. He was speaking during an interaction after delivering the inaugural lecture in a series organized by the Marathi daily 'Loksatta' here. On a question about the collegium system of appointment of Supreme Court and High Court judges, the chief justice said it is a federal system where the responsibility has been given to different levels of governments (both the centre and the states) and the judiciary. "It is a process of consultative dialogue, where consensus emerges, but at times there is no consensus, but that's part of the system. We must have the maturity to understand that this represents the strength of our system," Chandrachud said. "I wish, we will be able to foster a greater consensus, but the point of the matter is, this is dealt with a very .

SC stays HC order of Rs 1 lakh cost on advocate for wasting court's time

The Supreme Court has stayed an order of the Allahabad High Court which imposed costs of Rs 1 lakh on an advocate for wasting the court's "precious time" and arguing a case wearing a lawyer's robe and a band despite being a petitioner in-person. A bench of Justices Surya Kant and Ujjal Bhuyan issued limited notice on whether adverse remarks made by the high court against advocate Mehmood Pracha need to be expunged. "Issue notice for the limited purpose as to why the observations made by the high court against the petitioner be not expunged and why the order imposing cost be not set aside, returnable on December 9, 2024. "Meanwhile, the impugned order dated September 10, 2024, to the extent of imposition of cost shall remain stayed," the bench directed. Pracha moved the top court against an order of the Allahabad High Court which found him guilty of wasting "precious time" for filing a petition which was already filed before Delhi High Court. The high court had also noted that Prac

Why video conference not used for production of accused: SC to Maha secy

The Supreme Court has directed the Maharashtra home secretary to apprise why video conferencing facilities are not being used for the production of the accused in court to record evidence. A bench of Justices Rajesh Bindal and R Mahadevan asked the secretary to file an affidavit in this regard within two weeks. "Let the secretary home, state of Maharashtra file an affidavit as to why video conferencing facilities are not being used for production of accused in court for the purpose of recording of evidence or otherwise? "He/she shall also state in the affidavit as to whether such facilities are in place in the state of Maharashtra or not? It shall also be pointed out in the affidavit as to how much of amount was released for installation of video conferencing in the courts and the jails and what is the present ground situation," the bench said. During the hearing, when the court asked the counsel for the state why the accused was not produced, he could not offer any explanation. T

Stubble burning cases reported in Punjab, Haryana despite SC's criticism

Supreme Court on October 23 criticised the Haryana and Punjab governments for failure to take action against stubble burning

Delhi riots case: Expeditiously hear Sharjeel Imam bail plea, says SC

The Supreme Court on Friday told the Delhi High Court to expeditiously hear the bail plea of student activist Sharjeel Imam in an Unlawful Activities Prevention Act (UAPA) case related to Delhi riots which took place in February 2020. A bench of Justices Bela M Trivedi and S C Sharma said it was not inclined to entertain the plea, which also sought bail under Article 32 of the Constitution. Imam's counsel, senior advocate Siddharth Dave, said the bail plea had been pending since 2022 while clarifying he was not pressing for bail at the present stage. The top court noted the high court would be hearing the case on November 25. "This being the writ petition filed under Article 32 of the constitution, we are not inclined to entertain the same. However, petitioner shall be at liberty to request the high court to hear the bail application as expeditiously as possible preferably on November 25, as fixed by the high court. The high court shall consider the said request," held the bench.