Page 176 - Supreme Court

Two days after Diwali, air quality in Delhi falls to 'severe'; AQI at 430

AQI.CN pegged the air quality index (AQI) in the national capital at 428. The AQI in Punjabi Bagh was recorded at 341, whereas in RK Puram AQI was at 350

Debt guarantees

Supreme Court has strengthened the IBC framework

Courts can't enforce SC orders on firecrackers ban, social awareness needed

The judiciary and lawyers cannot enforce the Supreme Court's orders on firecrackers ban and stubble burning to curb air pollution as it can be tackled by creating a mass awareness, legal experts said. The Supreme Court's recent order banning the manufacture and sale of firecrackers containing barium was violated across the country on Diwali leading to worsening air quality index. Senior advocate Gopal Sankaranarayanan, who represents the main petitioner Arjun Gopal and others seeking a ban on the sale and manufacture of firecrackers, meanwhile, has decided to move a contempt petition in the top court against the law enforcement agencies for the flagrant violation of the court's recent order. Speaking on the violation of judicial orders, senior advocate Rakesh Dwivedi was of the view no contempt will work in these kinds of cases where there are many contributors to the rise in air pollution. He said this is a social issue which can be effectively tackled creating a mass social ...

Didn't SC ban firecrackers: Cong questions violation of ban on fireworks

Trinamool Congress MP Saket Gokhale also wrote to the Delhi police on Monday seeking information on cases filed against the bursting of firecrackers on Diwali night

Pollution levels rise in Delhi-NCR following Diwali, Anand Vihar AQI at 969

According to the System of Air Quality and Weather Forecasting And Research, the air quality in Delhi, as of 6 am, stood "poor" with AQI at 286, a rise from Sunday's 4 pm average reading of 218

Constitutional Court should avoid fixing time-bound schedule cases: SC

Constitutional Court should avoid fixing a time-bound schedule for disposal of any case before any court unless the situation is extraordinary, the Supreme Court said while refusing to entertain a plea seeking a direction for disposal of a criminal matter within a fixed time. A bench of Justices Abhay S Oka and Pankaj Mithal said that in every high court and especially the bigger ones, there are filed a large number of bail petitions and therefore, some delay in the disposal of such petitions is inevitable. "We are of the view that since every high court and every court in the country has a huge pendency, the Constitutional Court should avoid the temptation of fixing a time-bound schedule for disposal of any case before any court unless the situation is extraordinary," the bench said. The top court was hearing a plea filed by Shaikh Uzma Feroz Hussain seeking a direction to the Maharashtra High Court to decide his bail plea in a time-bound manner. The apex court said if there is an

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Guv can't doubt Assembly session validity, sit indefinitely over bills: SC

"You are playing with fire," the Supreme Court told the Punjab governor on Friday, as it held that being the titular head of the state he cannot cast doubt on the validity of an assembly session or withhold his decision indefinitely on bills passed by the House. It said under Article 200 of the Constitution, when a bill is presented to the governor, he shall declare either that he assents to the bill or that he withholds assent therefrom or that he reserves the bill for the consideration of the President. The top court, which pulled up the Punjab governor for "indefinitely sitting over" bills passed by the assembly saying "You are playing with fire", also questioned the state government for repeatedly adjourning the Budget session sine die instead of proroguing it. It, however, upheld the Speaker's supremacy in conducting the business of the House or adjourning its sessions. "Our country has been running on established traditions and conventions and they need to be followed," a benc

Did we ask you to implement odd-even on taxis, SC asks Delhi govt

The Delhi government said that the court's suggestion to ban app-based taxis registered outside Delhi from entering the capital may cause a problem for commuters

SC issues notice to ED on Boinpally's plea challenging legality of arrest

The Supreme Court on Friday sought the Enforcement Directorate's (ED) response on a plea moved by businessman Abhishek Boinpally, who has been arrested in a money-laundering case related to the alleged Delhi excise policy scam, challenging the legality of his arrest by the agency. A bench of Justices Sanjiv Khanna and S V N Bhatti issued a notice to the ED and sought the agency's reply by November 20. The court was hearing Boinpally's plea against a Delhi High Court order that dismissed his plea challenging the legality of his arrest. Boinpally had challenged his arrest before the high court on the ground of non-compliance of section 19 of the Prevention of Money Laundering (PMLA), which deals with the procedure for arrest. Senior advocate Mukul Rohatgi, appearing in the court on behalf of Boinpally, referred to a recent apex court judgment and said the ED must furnish the reasons of arrest to the accused in writing. The top court said it will take up the matter along with Boinpal

Decision on odd-even scheme has to be taken by Delhi govt: Supreme Court

A bench headed by Justice Sanjay Kishan Kaul said the court had nothing to do with the odd-even scheme

'God may have heard prayers, no thanks to govt': SC on Delhi air pollution

The Supreme Court asked the government why speed on curbing air pollution comes only after the court intervenes every year

Delhi pollution: Farm fires in Punjab, other states have to be stopped - SC

The Supreme Court on Friday said that crop residue burning in Punjab and some other states adjacent to Delhi have to be stopped and solution has to found to reduce the pollution level in the national capital region (NCR). While hearing a matter relating to the debilitating air pollution in the Delhi-NCR, a bench headed by Justice Sanjay Kishan Kaul observed there were several reports and committees on the pollution issue, but nothing was happening at the ground level. The bench, also comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah, said the apex court wanted to see the results. The Supreme Court was informed that every endeavour was being made to bring farm fires under control. The top court is seized of a plea filed in 1985 by environmentalist M C Mehta on air pollution and the issue of crop residue burning had arisen during the hearing of the matter.

SC seeks Centre's reply on Tamil Nadu govt's plea over governor row

The Supreme Court on Friday sought the Centre's response on the Tamil Nadu government's plea alleging delay by the governor in giving assent to bills passed by the state Assembly. A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra issued notice to the Centre and sought the assistance of the Attorney General or Solicitor General in the matter. The bench posted the matter for further hearing on November 20. Senior advocate Abhishek Singhvi, appearing for the Tamil Nadu government, pointed out that 12 bills passed by the Assembly were pending with the office of Governor R N Ravi. The Tamil Nadu government urged the top court to intervene, alleging that a constitutional authority was consistently acting in an unconstitutional manner impeding and obstructing" the functioning of the state government for extraneous reasons. "Declare that the inaction, omission, delay and failure to comply with the constitutional mandate by the Governor of Tamil Nadu/first

Article on Adani cos: SC grants protection to reporters summoned by police

The Supreme Court on Friday granted protection from arrest to two journalists who have challenged the summons issued to them by the Gujarat Police in connection with an article allegedly written by them on Adani Group. A bench of Justices B R Gavai and P K Mishra directed the journalists to cooperate in the investigation and issued notice to the Gujarat government on the pleas filed by the duo. "Till next date of hearing, we direct that no coercive steps be taken against the petitioners, however, they should cooperate with the enquiry," the bench said. The top court was hearing a plea filed by Benjamin Nicholas Brooke Parkin and Chloe Nina Cornish challenging the summons issued to them. The counsel appearing for them argued that the petitioners are not the ones who wrote the report in question. Earlier this week, the apex court had granted interim protection to journalists Ravi Nair and Anand Mangnale in connection with an article written by them on the Adani-Hindenburg row.

Set up special bench to monitor criminal cases against MP, MLAs: SC to HCs

In a significant verdict, the Supreme Court Thursday directed all high courts to set up a special bench and register a suo motu case to monitor criminal matters pending against MPs and MLAs to ensure their early disposal. A bench headed by Chief Justice D Y Chandrachud issued a slew of directions to high courts and trial courts on a PIL filed by Ashwini Upadhyay seeking early disposal of pending criminal cases against lawmakers. The top court said it would be difficult for it to give uniform guidelines for trial courts for speedy disposal of cases against lawmakers. The judgement said the high courts will be setting up a special bench, presided over either by the chief justice, or by a bench designated by the chief justice, to monitor criminal trials against the lawmakers. The high courts may call upon special lower courts for reports on status of trials against the lawmakers in criminal cases, it said. "The trial courts shall not adjourn hearing of the cases against the Member of

Insolvency and Bankruptcy Code: Personal guarantors get no SC reprieve

More than 200 petitions, including by Anil Ambani, challenged law on due process

SC upholds validity of key provisions of Insolvency and Bankruptcy Code

The Supreme Court on Thursday upheld certain key provisions of the Insolvency and Bankruptcy Code (IBC) amid the claim of several petitioners that that they are violative of fundamental rights like the right to equality of those against whom insolvency proceedings are initiated. A bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra decided as many as 391 petitions challenging various provisions of the IBC. Many pleas challenged the constitutional validity of sections 95(1), 96(1), 97(5), 99(1), 99(2), 99(4), 99(5), 99(6) and 100 of the Code. These provisions deal with the various stages of insolvency proceedings against a defaulting firm or individuals. Upholding the provisions to be constitutionally valid, the bench held that they did not suffer from arbitrariness as contended. "The IBC cannot be held to be operating in a retroactive manner in order to hold it violative of the Constitution. Thus, we hold that the statute does not suffer from

SC protects Surjewala from Non-Bailable Warrant by MP/MLA court in old case

The Supreme Court on Thursday granted protection to Congress leader Randeep Singh Surjewala from a Non-Bailable Warrant issued by the MP/MLA court of Varanasi in connection with a 23-year-old criminal case. A bench headed by Chief Justice D Y Chandrachud asked Surjewala to approach the court of special judge (MP/MLA) Varanasi for cancellation of the NBW within five weeks. "The petitioner is granted liberty to move an application for cancellation of NBW. The warrant shall not be executed in the meantime for a period up to five weeks," said the bench also comprising Justices JB Pardiwala and Manoj Misra. The matter came up for hearing after senior advocate Abhishek Singhvi, appearing for Surjewala, mentioned the matter in the morning seeking an urgent hearing. The case dates back to 2000 when Surjewala, who was then national president of the Indian Youth Congress, was booked for allegedly creating a ruckus while protesting against the alleged false implication of Congress leaders in

SC defers hearing on ex-Andhra CM Naidu's bail plea in FibreNet case

The Supreme Court on Thursday adjourned to November 30 the hearing on TDP chief N Chandrababu Naidu's plea seeking anticipatory bail in the FibreNet case. A bench of justices Aniruddha Bose and Bela M Trivedi deferred the matter, saying that the judgement in another petition filed by Naidu seeking quashing of plea in the skill development scam case is likely to be delivered after the court's Diwali vacation. "There is another petition by the same petitioner which has certain overlapping issues in which judgement has been reserved by this bench. Let the matter be listed for hearing on November 30," the bench said. During the brief hearing, senior advocate Siddharth Luthra, appearing for Naidu, said the initial arrangement that the police would not arrest Naidu should continue. Senior advocate Ranjit Kumar, appearing for the Andhra Pradesh government, said the arrangement is continuing. The top court had earlier asked the Andhra Pradesh Police not to arrest Naidu in the FibreNet cas