Page 173 - Supreme Court

SC issues direction for ensuring burial or cremation of bodies in Manipur

The Supreme Court on Tuesday issued directions for ensuring burial or cremation of bodies lying in mortuaries in Manipur, where ethnic clashes had claimed several lives in May. A bench headed by Chief Justice D Y Chandrachud noted that a report filed by the apex court-appointed all-woman committee of former high court judges, headed by justice (retd) Gita Mittal, has indicated the position of the bodies that are lying in mortuaries in the northeastern state. The bench, also comprising justices J B Pardiwala and Manoj Misra, said the report indicated that 169 of the 175 bodies have been identified while six have not been identified. It noted that of the 169 identified bodies, 81 have been claimed by the next of kin while 88 have not been claimed. The bench observed that the state government has identified nine sites where the burial or cremation can take place. "Bearing in mind the fact that violence in the state of Manipur had taken place in May 2023, it would not be either ...

SC issues notice to Chandrababu Naidu on AP govt's plea in alleged scam

The Supreme Court on Tuesday sought a response from TDP chief N Chandrababu Naidu on a plea by the Andhra Pradesh government against a high court order granting regular bail to him in the skill development corporation scam case. A bench of justices Bela M Trivedi and SC Sharma issued notice to Naidu and directed that he will not participate in public rallies and meetings till December 8, which is the next date of hearing. "Issue notice. Returnable on December 8. The conditions imposed in the bail order shall be continued except participation in public rallies and meetings," the bench said. The Andhra Pradesh High court had converted Naidu's four-week interim medical bail in the case into absolute bail and ordered the former chief minister's release on regular bail, considering his age, old age-related ailments, non-flight risk and other reasons. It had said the interim bail conditions such as refraining from making any public comments related to the scam case or organising or ...

SC refuses to hear PIL alleging use of public servants by ruling party

The Supreme Court on Tuesday refused to entertain a PIL seeking to quash a letter issued by the Controller General of Defence Accounts and DoPT's office memorandum which seek to use public servants to showcase achievements of the government. A bench comprising Justices B R Gavai and Prashant Kumar Mishra took note of the submissions of lawyer Prashant Bhushan, and said it was not inclined to hear the publicity interest litigation. Bhushan submitted that this is a serious matter where the ruling party wants to allegedly use public servants for promotion of its work with an aim to get benefits in upcoming elections. The bench, however, seemed disinclined to hear the PIL. The plea is dismissed as withdrawn with the liberty to the petitioner to approach the high court, the bench ordered. The PIL, filed by EAS Sarma and Jagdeep S Chhokar, sought setting aside of the letter of October 9, 2023 of the Controller General of Defence Accounts of the Ministry of Defence to Controllers of Defe

Don't be so narrow-minded: SC dismisses plea seeking ban on Pak artists

The Supreme Court on Tuesday dismissed a plea seeking a complete ban on artistes from Pakistan to perform or work in India, and asked the petitioner not to be "so narrow-minded". A bench of justices Sanjiv Khanna and SVN Bhatti said it was not inclined to interfere with the Bombay High Court order which junked the plea filed by Faaiz Anwar Qureshi, who claims to be a cine worker and artiste. "You should not press this appeal. Do not be so narrow-minded," the bench said. The top court also refused the submission to expunge certain remarks made by the high court against the petitioner. The petition had sought the court's direction to the central government to impose a complete ban on Indian citizens, companies, firms and associations from employing or soliciting any work or performance, taking of any services, or entering into any association and so on with any Pakistani artiste, including its cine workers, singers, musicians, lyricists and technicians. The Bombay High Court had ...

SC refuses to entertain DMK minister's plea seeking bail on health grounds

The Supreme Court on Tuesday refused to entertain the bail plea of DMK minister V Senthil Balaji, who was arrested by the Enforcement Directorate in a money laundering case. Balaji was seeking the bail on health grounds.The top court was hearing an appeal against an order of the Madras High Court which dismissed his bail plea on October 19, saying he was likely to influence witnesses if enlarged on bail. An apex court bench of Justices Bela M Trivedi and SC Sharma, after perusing the health reports, said there was nothing serious in his health condition and granted liberty to Balaji to approach the trial court to seek regular bail. "Any observation made in the interim order against the petitioner on merits shall not come in the way of the petitioner in filing regular bail application," the bench said. As the bench expressed disinclination to entertain the matter, the plea was withdrawn and the matter was dismissed as withdrawn. The top court had earlier directed Balaji to place o

Imperative to amplify justice needs of under-represented: CJI Chandrachud

Access to justice cannot be secured only by crafting pro-people jurisprudence in judgments, but requires active progress on the administrative side of a court, such as improving infrastructure and enhancing legal-aid services, Chief Justice of India D Y Chandrachud said on Monday. Speaking at the first "Regional Conference on Access to Legal Aid: Strengthening Access to Justice in the Global South" organised by the National Legal Services Authority (NALSA) here, Justice Chandrachud said the challenge before judges is not to do justice in the facts of an individual case, but to institutionalise the processes and look beyond the immediate as well. The CJI said the judiciary has the potential to play an extraordinary role in strengthening access to justice, as has been uniquely displayed by several countries in the "Global South". He said the complexities of law and process, the inequality between ordinary citizens and powerful adversaries, judicial delays and the belief that the syste

EC must have power to derecognise political parties for violations, SC told

The Election Commission (EC) must have the power to deregister a political party in case of a violation of the mandatory conditions for registration and for breach of laws, the Supreme Court has been told by a petitioner. Fresh written submissions, seeking more punitive powers to the poll panel, have been filed by petitioner and advocate Ashwini Upadhyay ahead of a crucial hearing on his plea on Tuesday. A three-judge bench, headed by Chief Justice D Y Chandrachud, is hearing pleas, including the one filed by Upadhyay, alleging that the pre-election promise of freebies by political parties is a corrupt practice and amounts to a "bribe" under the Representation of the People Act. The pleas have also said the EC should be empowered to effectively deal with this practice. The written submissions, filed through senior advocate Vijay Hansaria and advocate Ashwani Kumar Dubey, said, "The Election Commission of India shall be entitled to deregister a political party on failure to satisfy t

Imperative to amplify justice needs of under-represented, says CJI

Access to justice cannot be secured only by crafting pro-people jurisprudence in judgements but requires active progress on the administrative side of the court such as improving infrastructure and enhancing legal aid services, Chief Justice of India DY Chandrachud said on Monday. Speaking at the first Regional Conference on Access to Legal Aid organised by National Legal Services Authority (NALSA) here, Chandrachud said the challenge for judges is not to do justice in the facts of the individual case but to institutionalise the processes and look beyond the immediate as well. "Access to justice is not a right that can be secured only by crafting pro-people jurisprudence in our judgements rather it requires active progress on the administrative side of the court as well," Chandrachud said. The CJI said the discourse about human rights and access to justice has historically been monopolised by voices from the Global North (industrialised nations) which makes such dialogues ...

Citizens should not be afraid of approaching courts: CJI Chandrachud

The Supreme Court has acted as a "people's court" and citizens should not be afraid of going to courts or view it as the last resort, Chief Justice of India (CJI) D Y Chandrachud said on Sunday. Justice Chandrachud said just as the Constitution allows us to resolve political differences through established democratic institutions and processes, the courts system helps in resolving many disagreements through established principles and processes. "In this way, every case in every court in the country is an extension of constitutional governance," the CJI said while speaking at the inauguration of the Constitution Day celebrations at the apex court. President Droupadi Murmu delivered the inaugural address at the programme, which was also attended by apex court judges Justice Sanjay Kishan Kaul and Justice Sanjiv Khanna, Law Minister Arjun Ram Meghwal and others. In his address, the CJI said, "In the last seven decades, the Supreme Court of India has acted as a people's court. Thousand

Need to make laws simpler, relatable to younger generation: Justice Khanna

Supreme Court judge Justice Sanjiv Khanna Sunday said there was a "pressing need" to make laws simpler, accessible, more humane and relatable to the younger generation. The top court judge, who is next-in-line to become the Chief Justice of India (CJI) after the retirement of incumbent CJI D Y Chandrachud in November next year, said that the Indian Constitution was a "living document" influencing millions of lives and urged all to "move forward with determination unity and optimism". Justice Khanna was speaking at a Constitution Day event in the Supreme Court in the presence of President Droupadi Murmu, CJI Chandrachud, Union Law Minister Arjun Ram Meghwal and several other dignitaries. Since 2015, November 26 is observed as Constitution Day to commemorate the adoption of the Constitution of India by the Constituent Assembly in 1949. Earlier, the day was observed as Law Day. "As we commemorate the 74th Constitution Day, we find ourselves at a pivotal moment in our nation's journey.

SC notice to Andhra CM Reddy, CBI on plea seeking cancellation of his bail

The Supreme Court has sought a response from Andhra Pradesh Chief Minister Y S Jagan Mohan Reddy and the CBI on a plea seeking cancellation of bail granted to him in a disproportionate assets case. A bench of Justice Abhay S Oka and Justice Pankaj Mithal issued a notice to Reddy and the agency on a plea filed by disgruntled YSR Congress MP Raghu Ramakrishna Raju. "Issue notice. The Registry to place the cases before an appropriate court in the first week of January 2024, after seeking a direction from Hon'ble the Chief Justice of India," the bench said. The top court had earlier sought responses from the CBI and Reddy on a plea seeking transfer of the trial of a disproportionate assets case pending before a court in Hyderabad in Telangana to a court in any other state, preferably the Patiala House Court in the national capital. A bench of Justice Sanjiv Khanna and Justice SVN Bhatti issued notice to the CBI on a transfer petition filed by Raju and asked the probe agency to explain

We are confronted with fundamental questions on ethical AI treatment: CJI

Chief Justice of India D Y Chandrachud on Saturday said identity and its recognition by the State plays a crucial part in what resources people get and their ability to express their grievances and demand their rights. Addressing the plenary session of the 36th 'LAWASIA' conference virtually, he spoke on "Identity, the Individual and the State - New Paths to liberty". LAWASIA is a regional association of lawyers, judges, jurists and legal organisations, which advocates for the interests and concerns of the Asia Pacific legal progression. Noting that liberty is the ability to make choices for oneself and change our course of life, the Chief Justice said identity intersects with the person's agency and life choices. "As lawyers, we are constantly confronted with this intersection and the role of the State to limit or expand the life opportunities of the people. While the relationship between the state and liberty has been understood widely, the task of establishing and explaining the

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Adani-Hindenburg row: No reason to discredit Sebi, says SC, reserves order

The Supreme Court on Friday said it has no reason to "discredit" SEBI, which probed allegations against the Adani group, as there was no material before it to doubt what the market regulator has done and the court does not have to treat what was set out in the Hindenburg report as a "true state of affairs". While asking the Securities and Exchange Board of India (SEBI) what it intends to do in future to ensure investors don't loose wealth due to volatility in stock market or short-selling, the apex court observed it would not be proper for it to set up a special investigation team (SIT) on its own without any material before it. A bench headed by Chief Justice D Y Chandrachud, which reserved its order on a batch of pleas concerning the Adani-Hindenburg row on allegations of stock price manipulation, said it cannot ask a statutory regulator to take as a "gospel truth" something which was published in the media. "We don't have to treat what is set out in the Hindenburg report as ipso

SC asks Centre to suggest names of 5 officers for Delhi chief secretary

The Supreme Court on Friday asked the Centre to suggest names of five senior bureaucrats to be considered for the post of new Delhi chief secretary by 10.30 am on November 28 and said the Delhi government will have to respond the same day to facilitate adjudication on the vexed issue. The appointment of the chief secretary is the latest bone of contention between Chief Minister Arvind Kejriwal-led Delhi government and Lieutenant Governor (LG) V K Saxena who have been involved in a series of run-ins over various issues. A bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra which was hearing the AAP government's plea asked why the LG and the chief minister cannot meet to amicably decide on names. Earlier on July 17, the top court had taken note of the differences over the appointment of the new DERC chairperson and asked Kejriwal and the LG to discuss names of former judges who could head the national capital's power regulator, saying the two ...

What Sebi intends to do to protect investors from volatility in market: SC

The Supreme Court on Friday asked the Securities and Exchange Board of India (SEBI) what the capital markets regulator intends to do for ensuring the protection of investors from extreme volatility in the stock market. While hearing a batch of pleas concerning the Adani-Hindenburg row, a bench headed by Chief Justice D Y Chandrachud observed one of the principal reasons which led the apex court to intervene in these petitions was the extreme volatility of stock market. "Now what does SEBI intend to do to protect this kind of volatility... which leads to a loss of investor value," the bench, also comprising justices J B Pardiwala and Manoj Misra, asked Solicitor General Tushar Mehta, who was representing the SEBI. "Has SEBI looked at whether it is necessary to tighten the regulations. What is SEBI intending to do in terms of ensuring the protection of investors," the bench said. "We must," Mehta said. The bench said SEBI has to take steps to ensure that instances of loss of investo

Why can't Delhi L-G, CM meet: SC on names for appointment of chief secy

The AAP government and the Centre on Friday clashed over the issue of the appointment of the new Delhi chief secretary in the Supreme Court, which suggested that the Lieutenant Governor and the Centre propose a panel of names and the Delhi government may choose one of them for the post. The court asked why LG V K Saxena and Chief Minister Arvind Kejriwal cannot meet and amicably discuss names for the post. A bench headed by Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra was hearing a plea of the Delhi government against any move by the Centre to appoint, without any consultation with it, the new chief secretary or extend the tenure of the current top civil servant Naresh Kumar who, otherwise, is set to demit office on November 30. The Delhi government has questioned how the Centre could proceed with the appointment of the chief secretary without any consultation with it while the new law is under challenge. "Why can't the LG and the CM meet? Last time we s

SC order worth reading by Punjab Guv, Delhi L-G: AAP on ruling on governors

With the Supreme Court making it clear that governors cannot keep bills pending indefinitely without any action, AAP MP Raghav Chadha on Friday said the Punjab Governor and Delhi LG need to read the apex order that made it clear that "unelected heads of state" cannot "misuse" their powers. The Supreme Court has directed Punjab Governor Banwarilal Purohit to decide on the Bills passed by the state legislative assembly during its "constitutionally valid" session held on June 19 and 20, saying the governor's power cannot be used to "thwart the normal course of lawmaking". The top court, in its November 10 judgement which was uploaded on Thursday night, decided on the plea of the AAP government in Punjab which alleged the governor was not granting his assent to four bills which were passed by the assembly. Purohit is locked in a running feud with the Aam Aadmi Party (AAP) government in Punjab led by Chief Minister Bhagwant Mann. In a post on X, Chadha said, "The Hon'ble Supreme Court h

Governors cannot keep bills pending indefinitely without any action: SC

Governors cannot be at liberty to keep bills pending indefinitely without any action, the Supreme Court has said while emphasising that the unelected Head of the State is entrusted with constitutional powers but that cannot be used to thwart the normal course of lawmaking by state legislatures. Observing that unbridled discretion to the Governor would "virtually veto the functioning of the legislative domain by a duly elected legislature, a bench comprising Chief Justice of India D Y Chandrachud, Justice J B Pardiwala and Justice Manoj Misra said such a course of action would be contrary to fundamental principles of a constitutional democracy based on a Parliamentary pattern of governance. "The Governor, as an unelected Head of the State, is entrusted with certain constitutional powers. However, this power cannot be used to thwart the normal course of lawmaking by state legislatures. "Consequently, if the Governor decides to withhold assent under the substantive part of Article 200,

AAP leader Satyendar Jain's interim bail extended by SC till December 4

The Supreme Court on Friday extended the interim bail granted to former Delhi minister Satyendar Kumar Jain in a money laundering case till December 4 when his plea for regular bail will be taken up for hearing. A bench of Justice Bela M Trivedi posted the matter for hearing on December 4 as Justice A S Bopanna, who is presiding over the case, was not available today. "In the meanwhile, the interim bail, granted earlier, is extended till the next date of hearing, the bench said. Prior to this, the top court had extended the interim bail of Jain till October 9 and asked him to not make the pendency of the proceedings before it a ruse to delay the trial in the case. The Enforcement Directorate has claimed that the AAP leader was seeking repeated adjournments in the trial court on grounds that his bail plea was pending before the apex court. The probe agency has alleged that Jain has taken as many as 16 dates from the trial court. The apex court had on May 26 granted interim bail to