Page 135 - Supreme Court

Excise policy 'scam': Delhi HC extends Manish Sisodia's custody till May 31

Manish Sisodia, currently in judicial custody, is an accused in the probe related to the alleged irregularities in the now-scrapped Delhi liquor excise policy 2021-22

Supreme Court denies bail to Hemant Soren, postpones hearing to Wednesday

The Supreme Court on Tuesday asked former Jharkhand chief minister Hemant Soren whether a writ court can examine the legality of his arrest after the trial court has taken cognisance of the prosecution complaint filed by the Enforcement Directorate (ED) in the money laundering case against him related to an alleged land scam. A bench of Justices Dipankar Datta and Satish Chandra Sharma, which posted the matter for further hearing on Wednesday, asked Soren's counsel to first satisfy the court as to how interim bail can be granted to him for campaigning in the Lok Sabha poll when his application for regular bail has been dismissed. Senior advocates Kapil Sibal and Arunabh Chowdhury, appearing for Soren, sought time till Wednesday to respond to the court's queries. Additional Solicitor General SV Raju, appearing for the ED, opposed Soren's interim bail plea, contending his case was different from that of Delhi Chief Minister Arvind Kejriwal, who was granted interim bail on May 10 for

SC refuses plea on new criminal laws, allows withdrawal of petition

The Supreme Court on Monday refused to entertain a petition which challenged the enactment of three new laws that seek to overhaul India's penal codes. A vacation bench of Justices Bela M Trivedi and Pankaj Mithal allowed petitioner advocate Vishal Tiwari to withdraw the plea. The Lok Sabha, on December 21 last year, passed three key legislations -- the Bharatiya Nyaya (Second) Sanhita, the Bharatiya Nagarik Suraksha (Second) Sanhita and the Bharatiya Sakshya (Second) Bill. President Droupadi Murmu gave her assent to the bills on December 25. These new laws -- the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Act -- will replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) and the Indian Evidence Act respectively. At the outset, the bench told Tiwari, "We are dismissing it (petition)". The bench said these laws have not come into force so far. As the court showed its disinclination to entertain the plea, Tiwari ur

Notice to Delhi govt on conman Sukesh's plea to be shifted from Mandoli

The Supreme Court has sought response from the Delhi government on a plea filed by alleged conman Sukesh Chandrasekhar seeking a direction to authorities to shift him from Mandoli jail to any other prison except those in Punjab and Delhi. A division bench of Justices Bela Trivedi and Pankaj Mithal issued notice to the AAP government. "Having regard to the allegations made in the writ petition, let the notice be issued to the respondent, returnable on July 19, 2024," the bench said. Senior advocate Paramjeet Singh Patwalia, appearing for Chandrasekhar, submitted that the petitioner has been put under surveillance with two cameras in order to pressure him to withdraw his complaints. The lawyer told the court that Delhi Lieutenant Governor VK Saxena has recommended a probe by the Central Bureau of Investigation (CBI) against former minister Satyendra Jain on Chandrasekhar's complaint. "Please, send me anywhere in the country, except Punjab and Delhi where the Aam Aadmi Party is not .

SC Collegium recommends two judges as permanent judges of Gauhati HC

The Supreme Court Collegium headed by Chief Justice of India (CJI) D Y Chandrachud has recommended to the Centre the names of two additional judges for appointment as permanent judges of the Gauhati High Court. The Collegium, also comprising Justices Sanjiv Khanna and B R Gavai, recommended that Justice Rajesh Sekhri be appointed as an additional judge of the Jammu & Kashmir and Ladakh High Court for a fresh term of one year with effect from July 29, 2024. "... the Collegium resolves to recommend that Justice Susmita Phukan Khaund and Justice Mitali Thakuria, additional judges, be appointed as permanent judges of the Gauhati High Court against the existing vacancies," said one of the Collegium resolutions uploaded on the apex court website. It noted that the Collegium of the Gauhati High Court had unanimously recommended on April 1 the names of these two judges for appointment as permanent judges. "The chief ministers of the States of Assam, Mizoram and Arunachal Pradesh and the ..

SC notice to Centre on plea alleging overuse of pesticides on crops

The Supreme Court on Friday sought response from the Centre and others on a plea claiming overuse of pesticides and other chemicals on crops and food items is resulting in deaths across the country. A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra issued notices to the Union government, Ministry of Agriculture, Food Safety and Standards Authority of India (FSSAI) and others while seeking their replies to the plea. Senior advocate Anitha Shenoy told the court that the petitioner has collected data from across the country showing a very high number of deaths due to pesticides. The top court was hearing a plea filed by advocate Akash Vashisht. "The use and overuse of pesticides and inorganic chemical substances, including insecticides, weedicides, fungicides, rodenticides, herbicides or any other inorganic chemical substances, on food crops and food items has emerged as the primary and predominant cause of causing cancers and other fatal ...

Handover the land for Bombay High Court building by September, says SC

The Supreme Court on Friday asked the Maharashtra government to strive to handover by the end of September the first tranche of land for construction of a new Bombay High Court building. A bench headed by Chief Justice of India D Y Chandrachud asserted that the state authorities need not wait till the end of the year to handover the entire land and smaller areas can be given as they become available. "We direct the Maharashtra government to make all endeavour to hand over the first tranche of land of 9.64 acre by the end of September 2024. The government of Maharashtra need not wait till December to handover the entire 9.64 acre and smaller areas could be handed over. All endeavour be made for 9.64 acre to be handed over by September 30, 2024," the court said. The top court was hearing a case under its suo motu (on its own) jurisdiction, initiated after taking note of an April 29 letter petition of Bombay Bar Association president Nitin Thakker and other bar leaders with respect to

In matters concerning liberty of citizens, every single day counts, says SC

Every single day counts in matters concerning the liberty of citizens, the Supreme Court said on Friday while asking the Delhi High Court to decide on the regular bail plea of a businessman in a corruption case related to the now scrapped Delhi excise policy. The petitioner's regular bail application has been heard by the high court on 40 occasions and now the matter has been adjourned to July 8, a bench of Justices B R Gavai and Sandeep Mehta was told by senior advocate Kapil Sibal, appearing for businessman Amandeep Singh Dhall. "This cannot be that after 40 hearings, you don't decide the regular bail," he said. The bench noted it has been informed that his regular bail plea was filed in July last year. "In matters concerning the liberty of citizens, every single day counts. Keeping the matter of regular bail pending after almost 11 months deprives the petitioner of his liberty," the bench said. "We request the high court to decide the bail application prior to the closure for .

CJI Chandrachud congratulates Kapil Sibal on being elected SCBA president

Chief Justice of India D Y Chandrachud on Friday congratulated senior advocate Kapil Sibal on being elected as the president of the Supreme Court Bar Association (SCBA). "Mr Sibal, heartiest congratulations on our behalf for being elected as the president of the SCBA. We look forward towards your cooperation and (that of) the members of the executive committee," the CJI said while holding a ceremonial bench. Thanking the CJI, Sibal said, "It is my honour that after 22 years, I have been given this opportunity to serve the bar. From our side, you will have complete cooperation and that's our commitment to the bench. It is through this cooperation that we can take the agenda forward." Sibal was elected as the president of the Supreme Court Bar Association (SCBA) on Thursday. Besides Sibal, senior advocates Adish C Aggarwala, Pradeep Kumar Rai, Priya Hingorani and advocates Tripurari Ray and Neeraj Srivastava were in the running for the post of SCBA president. According to sources, S

Verdict of Constitution bench binding on benches of lesser strength: SC

A judgement of a Constitution bench would be "binding" on benches of lesser strength, the Supreme Court has said while recalling an April 2022 verdict delivered by it. In its order dated April 7, 2022, the apex court had held that a panchayat cannot claim ownership of the land which has been taken from the real owners from their permissible ceiling limits under the land law in Haryana. The apex court had consequently said panchayats can only manage and control the land which has been taken from the owners and cannot claim title. "It is pertinent to note here that for the land taken from the proprietors by applying pro-rata cut from the permissible ceiling limits of the proprietors, management and control alone vests with the panchayat but such vesting of management and control is irreversible and the land would not revert to the proprietors for redistribution as the common purposes for which land has been carved out not only include the present requirements but the future requiremen

No exception made in granting interim bail to Arvind Kejriwal: SC to ED

The Supreme Court said Thursday that it has not made any exception for Delhi Chief Minister Arvind Kejriwal in granting him interim bail for campaigning in the Lok Sabha polls and "critical analysis of the judgment is welcome". A bench of Justices Sanjiv Khanna and Dipankar Datta refused to consider claims and counters of the Enforcement Directorate (ED) and Kejriwal's lawyer on statements made related to the interim bail to the Aam Aadmi Party national convenor. "We have not made any exception for anybody, we said in our order what we felt was justified," the bench said, adding that critical analysis of the judgment is "welcome". Appearing for the ED, Solicitor General Tushar Mehta objected to Kejriwal's speeches in poll rallies that if people voted for AAP, he would not have to go back to prison on June 2. "It is his assumption, we cannot say anything," the bench told Mehta. A statement made by a senior Union minister, who was not named during the proceedings, was pointed out by

Amit Shah's statement on bail to Kejriwal 'objectionable', says Kapil Sibal

Rajya Sabha MP Kapil Sibal on Thursday hit out at Home Minister Amit Shah over his reported "special treatment" remarks on the interim bail to Delhi Chief Minister Arvind Kejriwal, saying it was an "objectionable statement" that questioned the intention of the Supreme Court judges. Sibal's remarks came after Shah, while referring to the interim bail granted by the Supreme Court to Kejriwal, reportedly said many in the country believed he was given special treatment. The Supreme Court on Thursday steered clear of the political talk about it having made an exception for Kejriwal in granting him interim bail for campaigning in the Lok Sabha polls but said "critical analysis of the judgement is welcome". Addressing a press conference in the national capital, Sibal said, "Shah has made an objectionable statement and questioned the intention of the Supreme Court judges." Shah has stated very cleverly that many people are saying the Supreme Court's decision to grant interim bail to Kejriw

A-I ceased to be 'State' or its instrumentality post disinvestment: SC

Air India Limited (AIL) ceased to be State or its instrumentality under Article 12 of the Constitution after its disinvestment and take over by the Tata Group in January 2022, and no case of alleged violation of fundamental right would lie against it, the Supreme Court ruled on Thursday. The apex court dismissed the appeals filed against a September 20, 2022 verdict of the Bombay High Court which had disposed of four writ petitions instituted by some employees of AIL over alleged stagnation in pay and non-promotion of employees and delay in payment of wage revision arrears, among others. The top court noted that the petitions before the high court had claimed violation of Articles 14 (equality before law), 16 (equality of opportunity in matters of public employment), and 21 (protection of life and personal liberty) of the Constitution. A bench of Justices B R Gavai and Sandeep Mehta noted that the high court had disposed of the pleas on the ground of non-maintainability of the writ

SC reacts to Amit Shah's 'special treatment' remark on Kejriwal's bail

Amit Shah says interim bail granted to Arvind Kejriwal was not a 'routine judgment' and many believe the CM got 'special treatment'

SC protects ex-NOIDA engineer Yadav Singh from CBI arrest for corruption

The Supreme Court on Thursday protected former Noida Authority chief engineer Yadav Singh from arrest by the CBI in a corruption case in which he allegedly executed 1,280 maintenance contracts worth Rs 954 crore in eight days in December 2011. A bench comprising Justices Hrishikesh Roy and Prasant Kumar Mishra took note of the submissions of senior advocate NK Kaul, appearing for Singh, that a bailable warrant has been issued against the accused after the central probe agency filed a supplementary charge sheet against him in the case. The bench has now posted the plea for hearing after four weeks. The senior lawyer said the top court had granted him bail following his over three year incarceration in the case and he now apprehends fresh arrest in the wake of the filing of the fresh supplementary charge sheet. There shall be no coercive action against the petitioner, the bench said while issuing notice to the CBI on Singh's fresh plea for bail. The top court had granted Yadav Singh

ED can't arrest after special court takes cognisance of PMLA complaint: SC

Case before the Supreme Court arose from a Punjab and Haryana High Court decision that denied pre-arrest bail to multiple accused in a money laundering case

ED can't arrest accused after special court takes cognisance: SC

The Supreme Court Thursday held that the Enforcement Directorate (ED) cannot arrest an accused under Section 19 of the Prevention of Money Laundering Act (PMLA) after a special court has taken cognisance of the complaint of money laundering. A bench of Justices Abhay S Oka and Ujjal Bhuyan said when an accused appears before a court in pursuance of a summons, the agency will have to apply to the court concerned to get his custody. "If the accused appears before the special court by summons (issued by court), it cannot be treated that he is in custody," it said. "Accused who appeared before the court pursuant to the summons not required to apply for bail, and thus twin conditions of Section 45 of PMLA not applicable," the bench said in its judgment. The twin conditions state that when an accused in a money laundering case applies for bail, the court has to first allow the public prosecutor to be heard and only when it is satisfied that the accused is not guilty and unlikely to commi

NewsClick founder Purkayastha released from Tihar Jail on SC orders

NewsClick founder and editor-in-chief Prabir Purkayastha was released from the Tihar Jail here on Wednesday, hours after the Supreme Court declared his arrest "invalid". Purkayastha had been lodged in the jail since November 2 last year. The Delhi Police's Special Cell had arrested Purkayastha on October 3 last year under anti-terror law Unlawful Activities (Prevention) Act (UAPA) for allegedly receiving money to peddle pro-China propaganda through stories. According to his lawyer Arshdeep Singh Khurana, Purkayastha came out of jail number 10 of the prison in Rohini at 9 pm. His family members and friends received him outside the jail complex. Observing that the right to life and personal liberty was the "most sacrosanct" fundamental right guaranteed under Articles 20, 21 and 22 of the Constitution, the apex court said any person arrested over allegations of commission of offences under the UAPA or other offences has a fundamental and a statutory right to be informed about the grou

Ruling saying doctors liable under Consumer Act needs reconsideration: SC

Advocates cannot be held liable under the Act; profession should be distinguished from business: Apex court

Delhi liquor policy 'scam': Sisodia's judicial custody extended till May 30

Manish Sisodia, currently in judicial custody, is an accused in the probe related to the alleged irregularities in the now-scrapped Delhi liquor excise policy 2021-22