Page 119 - Supreme Court

Doc rape-murder case: SC directs CBI to file fresh status report by Sept 17

The Supreme Court on Monday directed the CBI to submit a fresh report by September 17 on the probe in the rape and murder case of a postgraduate medic at Kolkata's RG Kar Medical College and Hospital. A bench headed by Chief Justice D Y Chandrachud perused the report filed in a sealed cover by Solicitor General Tushar Mehta, appearing for the CBI. "A status report has been filed by CBI, it appears that investigation is in progress, we direct the CBI to file fresh status report...We don't want to guide the CBI on its investigation," the bench said. Mehta told the bench also comprising Justices J B Pardiwala and Manoj Misra that the probe agency has decided to send forensic samples to AIIMS for further investigation. The apex court also directed a senior officer of the West Bengal government's Home department and a senior CISF officer to ensure all three companies of the CISF, which are deputed for security at the RG Kar Hospital, are given accommodation. It also directed that all .

Is there any restraint order on Kejriwal performing duties from jail: SC

Is there any restraint order on Delhi Chief Minister Arvind Kejriwal performing his duties from jail? the Supreme Court asked the Delhi government on Friday after it was informed that files pertaining to remission of sentences of eligible convicts were getting delayed for want of his signature. Remission is the cancellation or reduction of a part of the sentence of a prisoner. Under section 432 of the CrPC, state governments may remit the whole or part of the punishment to which a convict has been sentenced based on factors such as the prisoner's conduct, rehabilitation, health and time served in prison. The observation by a bench of Justices Abhay S Oka and Augustine George Masih came while hearing a plea filed by a convict alleging delay in remission of his sentence. "Is there any restraint order on chief minister performing his duties from jail? We want to examine this because this will affect hundreds of cases. "So many files would be there as various orders are passed by the .

SC grants bail to ex-promoter of Bhushan Steel in money laundering case

A Bench of Justices Sanjiv Khanna and PV Sanjay Kumar granted bail to Singal observing that he was in jail for 16 months and the trial against him was not proceeding

Looking into vacancies in income tax appellate tribunals: Supreme Court

The Supreme Court on Friday told a Bengaluru-based bar body that it is looking into issues related to vacancies in income tax appellate tribunals (ITATs). As soon as a bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra assembled to hear the listed cases, a counsel representing the Bangalore Bar Association (BBA) made a mention about vacancies in the ITAT in the city. We are seized of the matter... we will look into the issue of pending vacancies, the CJI said and assured an early hearing. The ITAT is a quasi judicial body to deal with appeals under laws related to direct taxes in the country and appeal against its orders lie in high courts. Initially, ITAT had three branches in Delhi, Kolkata and Mumbai. The number increased to 63 and now the tribunal benches have seats in 30 cities covering the entire country. The ITAT has 126 members, including a president, a senior vice-president, nine vice-presidents, and 115 judicial and accountant ...

SC dismisses plea seeking to restrain BJP from using lotus as party symbol

The Supreme Court on Friday dismissed a plea seeking injunction against the BJP and restrain it from using 'kamal' or lotus as the party symbol. Observing that the plea has been filed for publicity, a bench of Justices Vikram Nath and Prasanna B Varale upheld the Madhya Pradesh High Court order which dismissed the suit. "You want name and fame for yourself. Look at the plea, what is the kind of relief claimed by you? Dismissed," the bench said. The top court was hearing an appeal filed by one Jayant Vipat challenging an order of the Madras High Court which dismissed his plea saying there was no merit in the plea. Initially, the District Judge, Dewas, had dismissed the suit and the order was challenged in the high court. "This court is of the considered opinion that trial court has properly considered all alleged grounds which have been raised by appellants and no illegality or perversity has been committed by trial court while passing the impugned order for dismissal of the civil

SC junks plea over impact of exit polls on investors during LS elections

The Supreme Court bench, comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra, described the PIL as a 'political interest litigation'

SC stays Madras HC directive to YouTuber Jerald to close down his channel

The Supreme Court on Friday stayed the Madras High Court directive to YouTuber Felix Jerald to close down his channel "RedPix 24x7" as one of the bail conditions. Jerald had been arrested for hosting an "objectionable" interview of another YouTuber Savukku Shankar on his YouTube channel. In the interview, Shankar made certain comments against Madras High Court judges and women police officers of the state. The high court, which granted bail to both YouTubers, had asked Jerald to close down his channel as one of the conditions. A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra issued a notice to the state government and stayed the particular direction on closure of the channel. It, however, asked him to comply with other bail conditions. "You are making scurrilous allegations against the judiciary and all women IPS officers. Why do you host such interviews?" the CJI asked. Senior advocate Gopal Sankaranarayanan, appearing for the YouTuber,

ICICI Bank-Videocon case: SC notice to Chanda Kochhar, husband on CBI plea

The Central Bureau of Investigation has alleged that after the loan was sanctioned, Videocon Group promoter VN Dhoot invested Rs 64 cr into Nupower Renewables, a company managed by Chanda Kochhar

SC rejects plea seeking facilities for cricketers on Mumbai public grounds

The Supreme Court on Friday dismissed a plea challenging the Bombay High Court's order which had disposed of a petition seeking directions to provide drinking water and other facilities to cricket players during practice or unofficial matches on public grounds in Mumbai. "What kind of a PIL (public interest litigation) is this? Cricketers will take care if they are not provided toilets. Why an advocate should be bothered about it," a bench of Justices A S Oka and A G Masih observed. The bench was hearing a petition filed by a lawyer, who had challenged the high court's June last year order disposing of his petition. In his PIL filed before the high court, he had sought directions to the Mumbai Cricket Association and the Board of Control for Cricket in India (BCCI) to provide drinking water and other facilities to players during practice or unofficial matches on public grounds. "Look at the photographs which you have annexed. Playing in these conditions, these grounds in Mumbai hav

Pak SC rules in favour of govt to reinstate changes in anti-corruption laws

In a major relief to the Shehbaz Sharif-led government, Pakistan's Supreme Court in an unanimous decision on Friday reinstated the changes in the country's anti-corruption laws that had benefited several leading politicians, including the prime minister and his elder brother Nawaz Sharif. Chief Justice of Pakistan (CJP) Qazi Faez Isa pronounced the verdict reserved by a five-member bench on June 6 after hearing intra-court appeals (ICAs) filed by the federal government and other parties. The apex court overturned a previous ruling that nullified amendments to the National Accountability Bureau (NAB) laws, granting intra-court appeals filed by the federal government and other affected parties. The National Accountability Bureau (NAB) laws were amended in May 2023 by the previous government led by Shehbaz Sharif. The law was criticised by the Pakistan Tehreek-i-Insaf party led by Imran Khan as it led to the withdrawal of corruption cases against leading politicians like Asif Ali ...

SC issues notice to centre on RJD's plea against HC verdict on quota limit

The Supreme Court on Friday sought responses from the Centre and the state government on a plea of Rashtriya Janata Dal against a Patna High Court order setting aside the amended reservation laws in Bihar that had led to raising of quotas for Dalits, tribals and backward classes from 50 per cent to 65 percent. A bench comprising Chief Justice D Y Chandrachud, Justice J B Pardiwala and Justice Manoj Misra took note of the submissions of senior advocate P Wilson, appearing for RJD, that the plea needed to be decided. "Issue notice and tag with the pending pleas," the CJI said. On July 29, the top court, while hearing other similar 10 pleas, had refused to stay the high court order that set aside the amended reservation laws in Bihar that enabled the Nitish Kumar government to raise quotas 50 per cent to 65 per cent. The bench, however, had agreed to hear the petitions of the Bihar government against the verdict. The state government has also moved the top court against the high cour

SC dismisses plea of ex-principal of RG Kar Hospital in irregularities case

The Supreme Court on Friday dismissed a plea filed by former principal of Kolkata's RG Kar Medical College and Hospital Sandip Ghosh challenging the Calcutta High Court order dismissing his plea to be added as a party to a petition alleging financial irregularities at the institute during his tenure. On August 23, the high court ordered the transfer of the probe into the alleged financial irregularities from a state-constituted Special Investigation Team (SIT) to the Central Bureau of Investigation (CBI). A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said as an accused Ghosh has no locus to impleaded in the plea. "As an accused you have no locus to intervene in the PIL, where the Calcutta high court is monitoring the investigation," the bench said. The murder and alleged rape of a junior doctor at the state-run hospital has sparked nationwide protests. The medic's body with severe injury marks was found in the seminar hall of the hospital's ch

SC agrees to list plea related to insolvency proceedings against Byju's

The Supreme Court on Friday agreed to list for an early hearing the appeal of US-based creditor Glas Trust Company LLC against a judgment of the NCLAT, which had stayed insolvency proceedings against ed-tech firm BYJU's and approving its Rs 158.9 crore dues settlement with the BCCI. A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra was urged by senior advocate NK Kaul, appearing for the ed-tech major, that the case needed to be heard at the earliest. Kaul said, The only funding was done by the promoters and today no one has brought any external borrowing. We have to show today how malafide the petition (of US firm) is. I will get it listed as early as possible, the CJI, who was indisposed and in quarantine for the last few days, said. Senior advocate Kapil Sibal, appearing for the US-based creditor, said it also wanted an early hearing. Earlier on August 22, the bench had refused to pass an interim order to ensure that the committee of ...

4 theme-based sub-groups formed to address concerns of doctors safety

Four theme-based sub-groups have been constituted on the recommendations of the National Task Force to address the concerns highlighted by the Supreme Court in the wake of protests by doctors following the RG Kar rape and murder incident. Taking suo motu cognisance of the rape and murder case of a trainee woman doctor at a state-run medical college and hospital in Kolkata, the apex court had constituted a 10-member National Task Force (NTF) to formulate a protocol for ensuring the safety and security of doctors and other health care professionals. The Union Health Ministry on Thursday issued an office memorandum notifying the four sub-groups of the NTF, each of which have been mandated with four themes -- strengthening infrastructure of medical institutions, strengthening security systems in medical institutions, revamping working conditions of health care professionals and strengthening of legal framework across all states. "... following four theme based sub-groups are constituted

SC directs Sahara to deposit Rs 1,000 cr, allows JV to develop Mumbai land

The Supreme Court on Thursday directed Sahara Group to deposit Rs 1,000 crore in a separate escrow account within 15 days and allowed it to enter into a joint venture for developing its land at Versova in Mumbai to realise Rs 10,000 crore. The amount of Rs 10,000 crore has to be deposited in SEBI-Sahara refund account for returning the investors' money, in compliance with the apex court's 2012 order. A bench of Justices Sanjiv Khanna, MM Sundresh and Bela M Trivedi said in case the joint venture/development agreement is not filed in the court within 15 days, then it will sell the 12.15 million square feet of land at Versova on 'as is where is' basis. "We grant 15 days' time to SIRECL and SHICL (both Sahara Group companies) to comply with the statement made in court today. In case the joint venture/development agreement is not filed within 15 days, it will be open for this court to undertake sale of the Versova land on as is where is basis," it said. The bench added, "The Rs 1,000 .

Excise scam: SC reserves order on Kejriwal's bail pleas against CBI arrest

The Supreme Court on Thursday reserved its order on Delhi Chief Minister Arvind Kejriwal's separate pleas seeking bail and challenging his arrest by the CBI in the alleged excise policy scam. A bench of Justices Surya Kant and Ujjal Bhuyan heard arguments put forward by Additional Solicitor General S V Raju, representing the Central Bureau of Investigation (CBI), and senior advocate Abhishek Singhvi, appearing for Kejriwal. "Thank you for the assistance. Judgment reserved," the bench said after the lawyers concluded their arguments. Kejriwal has filed two separate petitions challenging the denial of bail and against his arrest by the CBI in the the corruption case filed by the central agency. The AAP chief was arrested by the CBI on June 26. The Delhi High Court had on August 5 upheld the arrest of the chief minister as legal, and said there was no malice in the acts done by the CBI which was able to demonstrate how the AAP supremo could influence witnesses who could muster the ..

Prohibited two-finger test for non-compliance: Meghalaya govt to SC

The Meghalaya government has informed the Supreme Court that it has prohibited the 'two-finger test' which was conducted to determine whether a survivor of rape or sexual assault was habituated to sexual intercourse. The state government told the apex court that a circular dated June 27, 2024, was issued by the Health and Family Welfare Department of Meghalaya prohibiting the test and disciplinary action will be taken for non-compliance. A bench of Justices J B Pardiwala and Sanjay Karol, which referred to a top court's order passed on May 7, noted that the apex court had strongly deprecated the practice of conducting a 'two-finger test'. "Amit Kumar, the Advocate General appearing for Meghalaya, has tendered a circular dated June 27, 2024, issued by the government of Meghalaya, Health and Family Welfare Department. This circular has been issued prohibiting the 'two-finger test' and also disciplinary action for its non-compliance," the bench said in its September 3 order. The bench

CBI didn't arrest me for 2 yrs, insurance arrest made after bail: Kejriwal

Delhi Chief Minister Arvind Kejriwal told the Supreme Court on Thursday that the CBI did not arrest him for nearly two years in the alleged excise policy scam and an 'insurance arrest' was made on June 26 after he got bail in the "harsher" money laundering case filed by the ED. Senior advocate Abhishek Singhvi, appearing for the chief minister, told a bench of Justices Surya Kant and Ujjal Bhuyan that no notice was served to Kejriwal by the CBI before arrest and an ex-parte arrest order passed by the trial court. Seeking bail for the jailed Delhi CM, Singhvi submitted that Kejriwal is a constitutional functionary and was not a flight risk. Singhvi said Kejriwal was not named in the CBI FIR and moreover, he is not a flight risk. The senior lawyer said the top court, while granting interim bail in the money laundering case, had said the chief minister was not a threat to society. What started in August, 2023 has led to arrest in March this year in the money laundering case, he said

Excise policy scam: SC begins hearing Kejriwal's plea against CBI arrest

The Supreme Court on Thursday commenced hearing on Delhi Chief Minister Arvind Kejriwal's pleas seeking bail and challenging his arrest by the CBI in the alleged excise policy scam. Senior advocate Abhishek Singhvi, appearing for the chief minister, told a bench of Justices Surya Kant and Ujjal Bhuyan that Kejriwal was not named in the CBI FIR and moreover, he is not a flight risk. Singhvi said the top court, while granting interim bail in the money laundering case, had said the chief minister was not a threat to society. What started in August, 2023 has led to arrest in March this year in the money laundering case, he said, adding the top court and a trial court have already granted him bail. The hearing is underway. The top court had on August 23 allowed the CBI to file its counter affidavit in the matter and gave two days to Kejriwal to file a rejoinder. Kejriwal has filed two separate petitions challenging the denial of bail and against his arrest by the CBI in the case. He h

SC asks Sahara Group to furnish list of top officials, properties for sale

The Supreme Court on Wednesday asked the Sahara Group to apprise it of its officials at the helm and the current shareholders besides the list of unencumbered properties which can be sold to realise Rs 10,000 crore. The amount has to be deposited in SEBI-Sahara refund account for returning the investors' money. In a series of directions on August 31, 2012, the top court had directed that Sahara Group firms Sahara India Real Estate Corporation Ltd (SIRECL) and Sahara Housing Investment Corporation Ltd (SHICL) would refund the amount collected from individual investors or group of investors, with interest of 15 per cent per annum to SEBI from the date of receipt of the subscription amount till the date of repayment within three months. A bench of Justices Sanjiv Khanna, M M Sundresh and Bela M Trivedi said the court has to find some practical solution for refunding the investors' money as the issue is pending for over a decade. "Sahara Group has said that it will submit some scheme