Page 146 - Supreme Court

SC notice to Delhi finance secy on plea alleging non-release of DJB funds

The Supreme Court on Monday issued a notice to Delhi's Principal Secretary (Finance) on a plea of the AAP government alleging that the official was not releasing funds to the Delhi Jal Board despite being approved by the legislative assembly. "My civil servants do not listen to me," the counsel representing the Delhi government told a bench headed by Chief Justice D Y Chandrachud and added that Rs 1,927 crore is yet to be released for the DJB. Senior lawyer Abhishek Singhvi and advocate Shadan Farasat, appearing for the Delhi government, said the recent amendments in the services law have created a situation where the city bureaucrats do not listen to the ministers and are not complying with the orders. "We will ask the Principal Secretary (Finance)," said the bench which also comprised Justices J B Pardiwala and Manoj Misra. The bench did not issue notice to the office of Delhi Lieutenant Governor after taking note of the submissions of senior advocate Mukul Rohatgi that the LG ha

Ceiling on net borrowing: SC refers Kerala govt's suit to five-judge bench

The Supreme Court on Monday referred to a five-judge Constitution bench the suit filed by the Kerala government raising the issue of ceiling on net borrowing. A bench of Justices Surya Kant and K V Viswanathan passed the order on the state's suit, accusing the Centre of interfering in the exercise of its "exclusive, autonomous and plenary powers" to regulate the state's finances by imposing a cap on borrowing. The bench referred to Article 293 of the Constitution, which deals with borrowing by states, and said this provision has not been so far subject to any authoritative interpretation by the apex court. In an original suit filed under Article 131 of the Constitution, the Kerala government has said the Constitution bestows fiscal autonomy upon states to regulate their finances under various articles, and the borrowing limits or the extent of such borrowings are regulated by state legislation. Article 131 of the Constitution deals with the original jurisdiction of the apex court i

SC refuses to stay 'scientific survey' of Bhojshala complex in MP's Dhar

The Supreme Court on Monday refused to stay "scientific survey" of the Bhojshala complex, a medieval-era structure which both Hindus and Muslims claim as their own in Madhya Pradesh's Dhar district, but said no action should be taken without it permission on the outcome of the ASI survey. Hindus consider Bhojshala, an Archaeological Survey of India (ASI)-protected 11th century monument, to be a temple dedicated to Vagdevi (Goddess Saraswati), while the Muslim community call it Kamal Maula Mosque. Under an arrangement made by the ASI on April 7, 2003, Hindus perform puja in the Bhojshala premises on Tuesdays, while Muslims offer namaz in the complex on Fridays. A bench of Justices Hrishikesh Roy and P K Mishra issued notices to the Centre, Madhya Pradesh government, ASI and others on the plea filed by Maulana Kamaluddin Welfare Society challenging the March 11 order of the MP High Court on scientific survey. "Issue notice returnable in four weeks. In the interim, no action should be

SC questions Udhayanidhi regarding writ jurisdiction for clubbing FIRs

The Supreme Court on Monday asked Tamil Nadu Minister Udhayanidhi Stalin how he can approach the apex court under writ jurisdiction with his plea for clubbing of multiple FIRs for his "eradicate Sanatan dharma" remark. A bench of Justice Sanjiv Khanna and Justice Dipankar Datta told the minister that he could have filed a petition in the apex court under section 406 of CrPC, seeking transfer of criminal cases but not under Article 32 of the Constitution which deals with writ jurisdiction. "You see, in some cases, cognisance has been taken and summons have been issued. Judicial proceedings cannot be touched by the Supreme Court under writ jurisdiction," Justice Datta said. The bench allowed Udhayanidhi Stalin to amend his plea in view of "legal issues" and list the matter in the week commencing on May 6. Senior advocate Abhishek Singhvi, appearing for the Tamil Nadu minister, said the intention behind making the remark was not to make a "political warcry" as it was only a gathering

Former Jharkhand CM Soren withdraws from SC his plea against HC order

Former Jharkhand chief minister Hemant Soren on Monday withdrew from the Supreme Court his plea challenging a high court order that refused to grant him permission to attend the Budget session of the Assembly. Soren had sought permission from the Jharkhand High Court to attend the Budget session that started on February 23 and came to an end on March 2. On February 28, the high court had dismissed his plea. When his plea came up for hearing before a bench of Justices Surya Kant and K V Viswanathan on Monday, senior advocate Kapil Sibal, appearing for Soren, said he be allowed to withdraw the plea as the Budget session came to an end on March 2. "I wish to withdraw this," Sibal said, adding the question of law raised in the plea may be kept open. The apex court allowed him to withdraw the plea, and said the question of law is left open. Soren was arrested by the Enforcement Directorate (ED) on January 31 in connection with a money laundering case. He is presently under judicial ...

SC notice to ED on bail plea of Senthil Balaji in money laundering case

The Supreme Court on Monday sought response from the Enforcement Directorate on the bail plea of former Tamil Nadu minister V Senthil Balaji, who was arrested last year in connection with a money laundering case. A bench of Justices Abhay S Oka and Ujjal Bhuyan issued notice to the agency and directed it to file reply by April 29. The Madras High Court on February 28, while dismissing the bail petition, had said that if he is let out on bail in a case of this nature, it will send a wrong signal and that it will be against larger public interest. It had said the petitioner has suffered incarceration for more than eight months and therefore, it will be more appropriate to direct the special court to dispose of the case within a time frame. "Accordingly, there shall be a direction to the Principal Special Court, Chennai, to dispose of the case within a period of three months from the date of receipt of copy of this order," it had ordered. The high court ordered that the trial shall b

Congress hits out at PM Modi over his remarks on electoral bonds issue

The Congress on Monday hit out at Prime Minister Narendra Modi over his remarks on the electoral bonds issue, claiming that while the corruption of his government had been known for a while, the setback is that there are now "hard numbers to prove it". Prime Minister Modi on Sunday rejected the suggestion that the electoral bond issue caused a setback to his government, saying no system is perfect and any shortcoming could be improved upon. In an interview with Thanthi TV, he also said those who are "dancing" over the matter will repent it. Congress general secretary Jairam Ramesh attacked Modi over his remarks and charged, "Every single day the prime minister scales new heights of hypocrisy and plumbs new depths of dishonesty". "The prime minister has fully lied to the nation in his latest interview to a Tamil television channel. He claims that 'where funds have come from, how they are being used' is only known due to the Electoral Bond Scheme instituted by him," Ramesh said and p

SC to hear on Apr 1 Gyanvapi committee's plea on allowing prayers in cellar

The Supreme Court is scheduled to hear on April 1 a Gyanvapi mosque management committee's plea against an Allahabad High Court decision upholding a lower court's order allowing Hindu prayers in the southern cellar of the mosque. A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra will hear the plea of Anjuman Intezamia Masajid Committee, which manages the affairs of the Gyanvapi mosque in Varanasi, challenging the HC's February 26 decision. The high court had dismissed the committee's plea in which it had challenged the district court's January 31 order allowing Hindus to offer prayers in the cellar. While dismissing the plea of the mosque committee on February 26, the high court had observed that the Uttar Pradesh government's 1993 decision of stopping worship rituals inside the "Vyas Tehkhana" -- located at the southern cellar of the Gyanvapi -- was "illegal". It had said that the worship rituals were stopped by "illegal action of the state withou

Priyanka Gandhi accuses govt of 'pressuring' judiciary after bonds verdict

Congress leader Priyanka Gandhi Vadra on Saturday accused the Centre of "pressuring" the judiciary after the Supreme Court struck down the electoral bonds scheme and wondered whether the Narendra Modi government does not approve of an independent and strong judiciary. The Congress general secretary's remarks come two days after Prime Minister Modi criticised the grand old party in reaction to more than 600 lawyers writing to the Chief Justice of India, alleging that a "vested interest group" is trying to put pressure on the judiciary and defame courts. Modi on Thursday said it was a "vintage Congress culture" to browbeat and bully others. In a post in Hindi on X, Priyanka Gandhi said, "The manner in which the judicial system is being pressured by getting letters written after seeing the layers of scams being exposed by a decision of the Supreme Court on electoral bonds (which the public is calling 'extortion racket'), and then the prime minister himself entering the arena and making

Printing of 10k electoral bonds worth Rs 1 cr each stopped after SC ruling

Three days before the apex court struck down the electoral bonds scheme, the Finance Ministry had approved the printing of the bonds

SC to hear on April 1 bail plea of ex-Tamil Nadu minister Senthil Balaji

The Supreme Court is scheduled to hear on April 1 the bail plea of former Tamil Nadu minister V Senthil Balaji, who was arrested by the Enforcement Directorate last year in connection with a money laundering case. A bench of Justices Abhay S Oka and Ujjal Bhuyan is scheduled to hear Balaji's plea challenging the February 28 order of the Madras High Court dismissing his second bail petition in the case. The high court, while dismissing the bail petition, said that if he is let out on bail in a case of this nature, it will send a wrong signal and it will be against larger public interest. It said the petitioner has suffered incarceration for more than eight months and therefore, it will be more appropriate to direct the special court to dispose of the case within a time frame. "Accordingly, there shall be a direction to the Principal Special Court, Chennai, to dispose of the case within a period of three months from the date of receipt of copy of this order," it had ordered. The hig

Mukhtar Ansari's death: Akhilesh demands probe supervised by SC judge

Raising a question mark on the law-and-order situation in Uttar Pradesh after the death of mafia don-turned-politician Mukhtan Ansari following a cardiac arrest in Banda, Samajwadi Party (SP) chief Akhilesh Yadav on Friday said there should be a probe supervised by a Supreme Court judge into such doubtful cases. Ansari died in the Banda Medical College due to a cardiac arrest on Thursday. He was rushed to the hospital from the district jail after his health condition deteriorated. In a post in Hindi on X, Yadav said, "It is the foremost responsibility and duty of the government to protect someone's life in every situation and at every place." "The death of a hostage or prisoner in any of the following circumstances will erode public confidence in the judicial process -- while confined in a police station, in a fight inside the jail, on falling ill inside the prison, while being taken to hospital, during treatment in hospital, by showing a false encounter, by showing a false suicide,

Industry urges Supreme Court review on the Sterlite Copper verdict

Additionally, at the corporate level, it is a huge loss to Vedanta. On the other hand, protesters say that the Supreme court is unlikely to reconsider its reopening

Lawyers write to CJI against groups trying to 'pressure' judiciary

A group of lawyers, including senior advocate Harish Salve and Bar Council of India chairperson Manan Kumar Mishra, have written to the Chief Justice of India, alleging that a "vested interest group" is trying to pressure the judiciary and defame courts "on the basis of frivolous logic and stale political agendas". "Their pressure tactics are most obvious in political cases, particularly those involving political figures accused of corruption. These tactics are damaging to our courts and threaten our democratic fabric," their letter, dated March 26, addressed to CJI D Y Chandrachud said. The letter, shared by official sources, targeted a section of lawyers without naming them and alleged that they defend politicians by the day and then try to influence judges through the media at night. This interest group creates false narratives of a supposed better past and golden period of courts, contrasting it with the happenings in the present, the letter said, claiming that their comments ar

Highlights: RBI to halt facility to exchange Rs 2,000 notes on April 1

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Highlights: HC rejects CM Kejriwal's bail plea, next hearing on April 3

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Pre-trial injunction on article publication may hit freedom of speech: SC

It emphasised that courts must be cautious in passing injunction orders to restrain the publication of articles, particularly when it is yet to be proved whether the content of such articles is false

US top court likely to preserve access to abortion medication mifepristone

The Supreme Court on Tuesday seemed likely to preserve access to a medication that was used in nearly two-thirds of all abortions in the US last year, in the court's first abortion case since conservative justices overturned Roe v. Wade two years ago. In nearly 90 minutes of arguments, a consensus appeared to emerge that the abortion opponents who challenged the FDA's approval of the medication, mifepristone, and subsequent actions to ease access to it, lack the legal right or standing to sue. Such a decision would leave in place the current rules that allow patients to receive the drug through the mail, without any need for an in-person visit with a doctor, and to take the medication to induce an abortion through 10 weeks of pregnancy. Should the court take the no-standing route, it would avoid the more politically sensitive aspects of the case. The high court's return to the abortion thicket is taking place in a political and regulatory landscape that was reshaped by its abortion

Politicians can't be restrained from participating in political acts: SC

Granting of bail preconditioned on the premise of politicians not participating in political activities would be violative of fundamental rights, said the apex court

Usher in transparency, not price controls

A standard rate chart for hospitals across the country is impractical as it doesn't consider real estate costs that vary widely across locations