Page 171 - Supreme Court

SC rejects plea seeking direction to fix expenses' limit by parties

The Supreme Court on Friday dismissed a petition seeking a direction to fix the limit of expenses by political parties and candidates in elections, saying these are matters of legislative policy. "Either these are legislative changes or policy matters. How can we entertain a petition like this," a bench headed by Chief Justice D Y Chandrachud observed. The bench was hearing a plea filed by a Haryana-based man seeking several directions, including to calculate and fix the limit of expenses by political parties and candidates, restrict the expenditure on articles printed and posted prior to nominations and calculate expenses of rallies performed during filing of nomination. "These are all matters of legislative policy," said the bench, also comprising Justices J B Pardiwala and Manoj Misra. The plea had also sought a direction to all the high courts to decide election petitions within six months. "These are not matters on which we can merely give directions. There is already a law..

Supreme Court to deliver verdict on scraping of Article 370 on December 11

On Monday, SC will deliver its verdict on a batch of pleas challenging the abrogation of Article 370 of the Constitution which conferred special status on the erstwhile State of J&K

SC allows Kerala's review plea seeking modification of 2022 ruling on ESZ

The Supreme Court has allowed the Kerala government's plea seeking review of its 2022 verdict which banned mining activities in protected forests such as national parks and wildlife sanctuaries, and made it mandatory for them to have an Eco-Sensitive Zone (ESZ) of 1 km. A bench of Justices Sanjiv Khanna, BR Gavai and Aniruddha Bose, in its December 5 order said, "The review petition is disposed of by modifying the judgment under review in terms of the directions and findings recorded in the order dated April 26, 2023 passed in various interlocutory applications" The top court had on April 26 this year modified its directions issued in the 2022 verdict on a plea by the Centre and different states, and said its directive will not be applicable where national parks and sanctuaries are located on inter-state borders and share common boundaries. It had said the 2022 directions will also not be applicable to the draft and final notifications in respect of national parks and sanctuaries ..

Arbitration pact: Supreme Court upholds group of companies doctrine

The doctrine was contested by some parties, who said that it did not consider individual party autonomy and the separate legal entity concept

Govt must be given latitude to make adjustments crucial to save nation: SC

Observing that several northeastern states are affected by insurgency and violence, the Supreme Court Wednesday said the government must be given "latitude and leeway" to make adjustments necessary to save the nation. Referring to section 6A of the Citizenship Act applicable exclusively to Assam, a five-judge constitution bench headed by Chief Justice DY Chandrachud said governments have to make compromises for the overall well-being of the nation. "We must also give the government that latitude. Even today there are parts of North East, we may not name them, but there are states affected by insurgency, affected by violence. We have to give the government that leeway to make adjustments necessary to save the nation," Chandrachud said. He made the observation after senior advocate Shyam Divan, appearing for the petitioners, submitted that section 6A operates in a "blanket manner" and rewards illegal immigrants who continue to stay in Assam in violation of the citizenship law. "Assam

Guidelines on search, seizure of digital devices of journalists soon: Govt

The bench, however, questioned the two-year delay by the govt since the filing of the petition before it and said, "When did we issue notice? Some time frame has to be followed. Two years have passed"

No proposal to raise reservation for OBCs in local body polls: Govt in RS

The Centre informed the Rajya Sabha on Wednesday that there was no proposal to increase reservation for Other Backward Castes as per population in the local body elections. Union Minister of State for Panchayati Raj Kapil Moreshwar Patil, during the Question Hour in Rajya Sabha, said OBCs are provided one-third reservation under Article 243D of the Constitution. "However, 21 state governments have increased the reservation up to 50 per cent. The member has sought increasing the reservation for OBCs as per the population in the local body elections. There is no such proposal before us," he said. In local bodies, there is a 50 per cent reservation for women. Under this quota, there is a provision to accommodate OBCs, Scheduled Castes and Scheduled Tribes, Patil added. However, the state governments have the right to provide reservations for OBCs. "On this subject, the states should take a call at their level," the Union minister said while replying to another supplementary question.

Committee to frame guidelines on seizure of electronic devices: Govt to SC

The Centre on Wednesday told the Supreme Court that a committee is being constituted and guidelines will be framed regarding the seizure of electronic devices such as phones and laptops by investigating agencies. The apex court had on November 7 asked the Centre to put in place guidelines on the seizure of electronic devices of individuals, particularly media professionals, and had termed it a serious matter. "In this matter, I was to come back with guidelines. The committee is being set up and we will come out with guidelines," Additional Solicitor General (ASG) S V Raju, appearing for the Centre, told a bench of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia. Raju requested the bench to grant him some time. The top court was hearing two petitions, including one filed by 'Foundation For Media Professionals', seeking comprehensive guidelines for the search and seizure of digital devices by investigating agencies. During the hearing, senior advocate Nitya Ramakrishnan, ...

Open to advice from state govt, not pressure: Kerala Guv Arif Mohammed Khan

Kerala Governor Arif Mohammed Khan on Wednesday said he was open to advice from the state government, "but not pressure from them." Khan's statement assumes significance as he has admitted that he succumbed to the pressure from the state government with regard to the re-appointment of Gopinath Ravindran as vice-chancellor (VC) of Kannur University a decision that has been quashed by the Supreme Court. The Governor, speaking to reporters here, said he succumbed to the government pressure only because there was a legal opinion from the Advocate General (AG), the highest law officer in the state, in favour of the re-appointment. "I have said before the whole of the media that what I did was wrong. But, I succumbed to that pressure only because there was a legal opinion from the AG. Otherwise, the political pressure I would have resisted. "If I have some confusion about the legality of something, to whom would I go? The AG. He is the highest legal officer in the state," Khan said. He

Made payment to Credit Suisse in line with court order, SpiceJet tells SC

In September, the SC permitted SpiceJet to pay the Swiss firm $1 million per month for six months to settle its $3 million arrears

Gautam Adani's wealth swells by $10 billion on relief stock rally

"The general view is that the worst is behind and now we will not hear about Hindenburg," said a portfolio manager said

SC extends interim bail granted to AAP leader Satyendar Jain till Dec 11

The Supreme Court on Monday extended till December 11 the interim bail granted to former Delhi minister Satyendar Kumar Jain in a money laundering case. The apex court is seized of a plea filed by Jain challenging the April 6 order of the Delhi High Court which had dismissed his bail plea in the case being probed by the Enforcement Directorate (ED). The top court had on May 26 granted him interim bail on medical grounds for six weeks. Later, the relief was extended by the court. The matter came up for hearing before a bench of Justices Bela M Trivedi and Satish Chandra Sharma. The counsel appearing for Jain said a special bench comprising Justice A S Bopanna and Justice Trivedi had earlier heard the arguments in the matter. He said since Justice Bopanna, the presiding judge of the bench, was not available on Monday, the matter be listed for hearing on another date. "We have to see whether to continue the interim order because it can't be for such a long time," Justice Trivedi ..

Aam Aadmi Party leader Raghav Chadha's Rajya Sabha membership revoked

The membership of Chadha was suspended during the Monsoon session of Parliament, was revoked after a motion moved by BJP Member of Parliament GVL Narsimha Rao

SC seeks Environment ministry's views on capping iron ore mining in Odisha

The Supreme Court Monday asked the Ministry of Environment, Forest and Climate Change to give its view on whether iron ore mining in Odisha can be capped, keeping sustainable development and intergenerational equity in mind. The top court perused the affidavit of the Union Ministry of Mines filed in response to its earlier query whether any cap can be put on mining in Odisha keeping in mind the limited iron ore reserves there and said it does not have the view of the Environment Ministry. "We want the view of the Ministry of Environment, Forest and Climate Change (MoEFCC). This ministry is the expert body and it can tell us about the impact of the iron ore mining on the environment and the concept of intergenerational equity," said the bench comprising Chief Justice of India D Y Chandrachud, Justice J B Pardiwla and Justice Manoj Misra. The order was passed after a counsel for the petitioner Common Cause, an NGO, said the iron ore is set to be exhausted in 25 years keeping in mind t

To Lord or not to Lord: Justice's retort in a recent hearing revives debate

There have been several instances where judges have acknowledged this practice as feudal and not discouraged anyone from using the term "Sir"

Assam illegal immigrants: SC to examine Citizenship Act's validity on Dec 5

The Supreme Court is scheduled to commence hearing on December 5 to examine the constitutional validity of section 6A of the Citizenship Act relating to illegal immigrants in Assam. Section 6A in the Citizenship Act was inserted as a special provision to deal with the citizenship of people covered by the Assam Accord. The provision provides that those who have come to Assam on or after January 1, 1966 but before March 25, 1971 from specified territories, including Bangladesh, as per the Citizenship Act amended in 1985, and since then are residents of Assam must register themselves under section 18 for citizenship. As a result, the provision fixes March 25, 1971 as the cut-off date for granting citizenship to Bangladeshi migrants in Assam. As per the cause list uploaded on the apex court website, a five-judge constitution bench comprising Chief Justice D Y Chandrachud, Justices Surya Kant, M M Sundresh, J B Pardiwala and Manoj Misra would take up the matter for hearing on ...

State must side with weaker population in democracy: CJI Chandrachud

Chief Justice of India (CJI) D Y Chandrachud on Saturday said the state must side with the weaker population, which may be a numerical or a social minority so that all citizens feel free in a democracy. Speaking at Justice Keshav Chandra Dhulia Memorial Essay Competition here, the CJI said the majority will have its way in a democracy, but the minority must have its say. He said democracy must engage with all its stakeholders in order to be more than a mere approximation of majoritarian preferences. This engagement may or may not lead to an outcome right away but will definitely remain etched as a historical fact capable of being resurrected in the future, the CJI said. "For all citizens to feel free in a democracy, the state must side with the weaker population which may be a numerical or a social minority. This may at first appear to be at odds with the democratic principle of majority rule. However, a mere rule by the majority can be established by many forms of government," he

Supreme Court agrees to examine if woman can be charged with rape

Women are usually the victims of rape but can a woman be booked in a rape case? The Supreme Court has agreed to examine this question after a woman petitioned it for anticipatory bail in a rape case also involving her son. The apex court has asked the Punjab government to respond to the plea filed by a 61-year-old woman who has been implicated in the case filed by her daughter-in-law. While agreeing to examine the issue, a bench of Justices Hrishikesh Roy and Sanjay Karol granted the woman protection from arrest and directed her to cooperate with the investigation. "Issue notice, returnable in four weeks. In the meantime, the petitioner is protected from arrest. But she is expected to cooperate with the investigation of the crime," the bench said. At the outset, advocate Rishi Malhotra, who appeared for the woman, argued that all other penal sections in the FIR are bailable barring the charge under Section 376(2)(n) IPC (repeated rape). Conviction under the section entails ...

Ensure no further construction takes place adjacent to Ganga: SC to Bihar

The Supreme Court has directed the Bihar government to ensure that no further construction takes place adjacent to the Ganga River particularly in and around Patna. A bench of Justices Aniruddha Bose and Augustine George Masih directed the state government to file an affidavit informing it about the removal of identified illegal structures, which have been raised on the floodplains of Ganga River in Patna. "When the matter is called on for hearing, counsel for the state of Bihar submits that the state has identified 213 unauthorised constructions adjacent to the river Ganga in and around Patna and steps have been taken to remove these encroachments/constructions," the Bench said. "On that date, the state shall report to this court the progress in getting these unauthorised structures removed by filing an affidavit. Such affidavit shall be filed by the chief secretary of Bihar. The state shall also ensure no further construction takes place adjacent to the river Ganga particularly in

Bengal guv welcomes SC verdict on chancellor's role in appointment of VCs

West Bengal Governor CV Ananda Bose has welcomed the Supreme Court's verdict on the role of the governor, who is the ex-officio chancellor of state-run universities, in the appointment of vice-chancellors, asserting the apex court has clarified the legal position of the chancellor in the matter. The Supreme Court, while hearing a case pertaining to the reappointment of Kerala's Kannur University vice chancellor, said the governor is not a mere titular head and in the selection of VCs, he is the sole judge and his opinion is final in all respects. By virtue of his office as the ex-officio chancellor, he is not bound to act under the advice of the council of ministers. "The Supreme Court has clarified the legal position of the chancellor in the appointment of VCs... the Chancellor is the authority to appoint VCs. The court made it very clear that the state government of any state should keep off university administration, particularly in the appointment of VCs," Bose told reporters her