Page 144 - Supreme Court

Ramdev, Balkrishna file 'unconditional' apology in Patanjali ad case

The court had also slammed the Central government and asked why it chose to keep its eyes shut when Patanjali claimed that allopathy medicine offered no protection against Covid-19

Reforming judiciary

Reserving judgments adding to delays and backlogs

Why can't states impose laws on industrial alcohol to stop its abuse: SC

The Supreme Court on Tuesday sought to know from the Centre why the states, as the custodians of the health of citizens, cannot impose regulations on industrial alcohol and levy fees to ensure that its abuse does not take place. A nine-judge constitution bench is examining the issue of overlapping powers of the Centre and states in the production, manufacturing, supply and regulation of industrial alcohol. "We all know about Hooch tragedies and the states are widely concerned about health of its citizens. Why should the states not have the power to regulate. If they can regulate to ensure that there is no misuse, then it can impose any fees," the bench headed by Chief Justice D Y Chandrachud asked Solicitor General Tushar Mehta, appearing for the Centre. A bunch of petitions came before the bench after a seven-judge constitution bench ruled against the states. The matter was referred to the nine-judge bench in 2010 after the seven-judge bench ruled in 1997 that the Centre would hav

Election 2024: Candidates need not disclose every asset they own, says SC

Voters do not have an absolute right to such information and that candidates are not obligated to expose every detail of their lives, it says

Chhattisgarh liquor scam: SC ruling exposed Centre and ED, claims Baghel

Senior Congress leader Bhupesh Baghel has claimed the Supreme Court's decision in connection with the alleged liquor scam in Chhattisgarh had exposed the Centre for using the Enforcement Directorate to target opposition parties. The apex court on Monday quashed the money laundering case against former IAS officer Anil Tuteja and his son Yash in the alleged Rs 2,000 crore liquor scam, saying there were no proceeds of the crime. In a post on X on Monday, former Chhattisgarh chief minister Baghel said the commitment of agencies like the ED should be towards the Constitution and not any political party. "Shameful political misuse of ED has been proved and the Modi government has been exposed. Today's decision of the Supreme Court has proved that at the behest of BJP, the ED has been conspiring to defame the opposition parties by making every case a case of money laundering," Baghel claimed in the post. The ED registered a case in the alleged liquor scam just before the 2023 assembly po

K'taka drought funds: Let there not be contest between govt, state, says SC

Let there not be a "contest" between the Union and the state, the Supreme Court said on Monday while hearing the Karnataka government's plea seeking a direction to the Centre to release financial assistance from the National Disaster Response Fund (NDRF) to the state for drought management. A bench of Justices B R Gavai and Sandeep Mehta was told by Attorney General R Venkataramani and Solicitor General Tushar Mehta, who were appearing for the Centre, that they would seek instructions in the matter. The apex court, which observed that various state governments were required to approach the court, initially asked the Centre to file a response to Karnataka's plea. Urging the court to take up the matter after two weeks, the solicitor general said they would take instructions in the matter. "Let there not be a contest between the Union and the state," the bench said. Mehta said instead of filing a petition in the top court, if somebody would have spoken to the authorities on the issue

Eyeless in Gaza

Little visibility on the end of the conflict

'How many will be jailed before polls?': SC asks, giving relief to YouTuber

'If before elections we start putting behind bars everyone who makes allegations on YouTube, imagine how many will be jailed,' said the Supreme Court

SC bats for SOP for easy access of airports to persons with disability

The Supreme Court on Monday underlined the need for an effective standard operating procedure (SOP) to ensure trouble-free access of airports across the country to persons with disability. A bench headed by Chief Justice D Y Chandrachud was hearing a plea filed by a wheelchair-bound woman who had faced difficulties at Kolkata airport on January 30. "You are justifying your action about asking a woman wheelchair-bound passenger to stand up and stand up for screening in a security area in the airport," the bench told Additional Solicitor General Vikramjit Banerjee, who was representing the Centre. The bench, also comprising Justices J B Pardiwala and Manoj Misra, said there should be an effective SOP in place on this issue. The bench has posted the matter for hearing on April 19. While hearing the matter on February 26, the apex court had said it will ask the Centre and others, including the Airports Authority of India, to frame an SOP so people with disabilities can have trouble-f

SC to hear plea for voting facilities for 18k displaced people in Manipur

The Supreme Court said on Monday it will hear a plea seeking voting facilities for around 18,000 people displaced internally due to the ethnic strife in Manipur for the upcoming Lok Sabha elections. The polling for two Lok Sabha seats of Manipur will be held in two phases on April 19 and 26. The plea was mentioned for urgent hearing before a bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, with the counsel telling the court that the first phase of polling has to take place on April 19. "There are 18,000 internally displaced people. They want to vote in the elections in Manipur," the lawyer said. "I will give you an early date," the CJI assured the advocate. Manipur has been caught in a spiral of violence since May 2023. More than 160 people have been killed and several hundred injured since ethnic violence first broke out in the state on May 3 when a 'Tribal Solidarity March' was organised in the hill districts to protest against the major

Supreme Court orders to maintain status quo at Doloo tea estate in Assam

The Supreme Court on Monday directed the Assam government to maintain the status quo at the Doloo tea estate in the Cachar district of Assam, where Greenfield airport is proposed to be constructed. A bench of Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra questioned the state government for clearing the shrubs in the tea garden without an environment impact assessment report. The top court also issued notices to the Centre, ministry of environment and forests, Assam government and others on a plea filed by Tapas Guha and others. Advocate Prashant Bhushan, appearing for the petitioners, submitted that the NGT erred in decision and even for the grant of site clearance and in-principle approvals, environmental clearance is necessary. The NGT on January 25 had dismissed the plea by Guha and others on the ground that environmental impact assessment report is awaited and the environmental clearance for the airport in question has not been granted. "Counsel for

Climate change threatens constitutional guarantee of right to equality: SC

Climate change impacts the constitutional guarantee of the right to equality, the Supreme court has said while constituting a committee to find a balance between conservation of critically-endangered Great Indian Bustard and renewable energy infrastructure in the states of Rajasthan and Gujarat. The top court recalled an earlier order of April 2021 that required undergrounding of overhead transmission lines across an area of over 80,000 sq km in the two states. A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said a blanket direction for undergrounding high voltage and low voltage power lines needs recalibration. "Climate change may impact the constitutional guarantee of the right to equality. Without a clean environment which is stable and unimpacted by the vagaries of climate change, the right to life is not fully realised. The right to health (which is a part of the right to life under Article 21) is impacted due to factors such as air pollutio

Brazil SC justice to probe Musk over fake news and alleged obstruction

A crusading Brazilian Supreme Court justice included Elon Musk as a target in an ongoing investigation over the dissemination of fake news and opened a separate investigation late Sunday into the executive for alleged obstruction. In his decision, Justice Alexandre de Moraes noted that Musk on Saturday began waging a public disinformation campaign regarding the top court's actions, and that Musk continued the following day most notably with comments that his social media company X would cease to comply with the court's orders to block certain accounts. The flagrant conduct of obstruction of Brazilian justice, incitement of crime, the public threat of disobedience of court orders and future lack of cooperation from the platform are facts that disrespect the sovereignty of Brazil, de Moraes wrote. Musk will be investigated for alleged intentional criminal instrumentalisation of X as part of an investigation into a network of people known as digital militias who allegedly spread ...

Supreme Court stays Allahabad HC decision to scrap UP Madarsa Education Act

Apex court calls the High Court's verdict an 'infringement on the principle of secularism and fundamental rights enshrined in Article 14 of the constitution'

SC takes up pleas from 9 HCs on imposition of 28% GST on e-gaming firms

The Supreme Court on Friday allowed a petition of the Centre and transferred to itself pleas, challenging the imposition of 28 per cent Goods and Services Tax on e-gaming firms, from nine high courts for an authoritative pronouncement. A bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra allowed the transfer plea of the Centre and asked it to file the response to the pending petitions of online gaming companies by April 20. It also appointed a nodal counsel, who will collate records in the case and now the pleas will be taken up for hearing in the first week of May. Many online gaming firms like Dream 11, Games 24x7, and Head Digital Works had moved the top court challenging the GST imposition. Earlier, the top court had stayed the Karnataka High Court verdict quashing the GST intimation notice to the tune of Rs 21,000 crore issued to an online gaming firm.

SC rejects plea on cooling-off period for civil servants to contest polls

The Supreme Court on Friday refused to entertain a plea seeking implementation of the 2012 recommendations of the Election Commission regarding the cooling-off period to prevent public servants from contesting polls immediately after retirement or resignation. A bench of Justices Surya Kant and Sandeep Mehta allowed petitioner G V Harsha Kumar, a former parliamentarian, to withdraw the plea with liberty to approach the appropriate authority. The plea had sought directions to the EC and the Centre to implement the 2012 recommendations of the poll panel and the July 2004 report of the Committee on Civil Service Reforms to prevent government servants from contesting elections to the legislature, parliament or state assembly on a political party ticket, immediately after retirement or resignation from service, by imposing a cooling-off period. It had also sought a direction from the Centre to grant one pension to the bureaucrats who have served as members of assembly and parliament. Th

SC imposes interim stay on HC order on UP Board of Madarsa Education Act

The Supreme Court on Friday imposed an interim stay on an order of the Allahabad High Court that declared the Uttar Pradesh Board of Madarsa Education Act, 2004, "unconstitutional" and violative of the principle of secularism. A three-judge bench headed by Chief Justice D Y Chandrachud issued notices to the Centre, Uttar Pradesh government and others on the pleas against the high court order. "The object and purpose of Madarsa board is regulatory in nature and the Allahabad HC is not prima facie correct that establishment of board will breach secularism," the bench, also comprising Justices J B Pardiwala and Manoj Misra, said. The top court said HC has misconstrued provisions of the 2004 act as it does not provide for religious instruction and the purpose and character of the statute is regulatory in nature. The high court on March 22 declared the Uttar Pradesh Board of Madarsa Education Act, 2004, "unconstitutional" and violative of the principle of secularism, and asked the state

Mukhtar Ansari death: SC notice to UP over son's request to attend 'fatiha'

The Supreme Court on Friday sought a response from the Uttar Pradesh government on a plea by MLA Abbas Ansari, who is lodged in jail, seeking permission to attend fatiha or special prayers on April 10 following the death of his father Mukhtar Ansari. Gangster-turned-politician Mukhtar Ansari died of cardiac arrest at a hospital in Banda in Uttar Pradesh on March 28. Abbas Ansari, who is in judicial custody in connection with a criminal case, had moved the apex court seeking permission to attend the last rites of his father. On Friday, his counsel told a bench of Justices Surya Kant and Sandeep Mehta that his plea could not be listed before the court on time and now the funeral is over. The lawyer said they be allowed to amend the petition and seek permission to attend fatiha which is scheduled on April 10. He said they would file the amended petition during the day itself. "The counsel for the petitioner says at the outset that since funeral rites are already over, the petitioner

SC to consider listing pleas relating to All India Football Federation

The Supreme Court on Friday agreed to consider listing the pleas relating to the All India Football Federation and finalisation of its constitution which was framed by former apex court judge Justice L Nageswara Rao. A bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra took note of the submissions of senior advocate Gopal Sankaranarayanan, who is assisting the court as an amicus curiae, that the pleas needed to be heard. "It was said on March 19 that the pleas will be listed on April 5, that is today," Sankaranarayanan said. The bench assured that the case will be fixed for hearing soon. The top court seized two separate clutches of petitions relating to the Indian Olympic Association and the AIFF. It had said the report, submitted by Justice Rao, shall be circulated by Gopal Sankarnarayanan to all the parties desirous of securing the soft copies. It had directed that the objections to the AIFF's draft constitution be filed. On May 2, 2023,

Centre asserts in SC its right to levy excise duty on industrial alcohol

Asserting its right to regulate industrial alcohol, the Centre told the Supreme Court on Thursday that legislative power to levy excise duty on alcohol not fit for human consumption but meant for industrial use lies exclusively with Parliament. Arguing before a nine-judge constitution bench headed by Chief Justice D Y Chandrachud, Attorney General R Venkataramani submitted that a "conscious decision" was taken to treat alcoholic liquors fit for human consumption and alcoholic liquors not fit for human consumption separately, with the former falling within the domain of provincial legislatures and the latter within the ambit of the federal legislature. "It is submitted that the legislative power in relation to levy excise duty upon non-potable liquor is exclusively with the Parliament, and upon potable liquor is exclusively with the Legislatures of the States," Venkataramani told the bench, also comprising Justices Hrishikesh Roy, Abhay S Oka, B V Nagarathna, J B Pardiwala, Manoj ...