Page 187 - Supreme Court

Manipur govt files report in SC on recovery of arms in violence-hit state

The Manipur government on Friday told the Supreme Court that it has filed a status report on the issue of recovery of arms from "all sources" in the ethnic violence-hit state. Solicitor General Tushar Mehta told a bench headed by Chief Justice D Y Chandrachud that the report has been filed on the issue and it is for the judges only. He informed the bench, also comprising Justices J B Pardiwala and Manoj Misra, about another short affidavit in the matter. Mehta told the bench that the affidavit says "whatever issues are being debated here are already been brought to the notice of the (apex court-appointed) committee" and the panel is considering them. The top court had earlier appointed a judges committee, headed by Justice (retd) Gita Mittal, to oversee relief and rehabilitation of victims of ethnic violence in the state. Advocate Vrinda Grover, appearing for the petitioners' side, told the bench that bodies of two women, who were gang-raped and killed in May in Manipur, have not

Supreme Court bench to start hearing pleas on marital rape in mid-October

The Supreme Court on Friday said it would list pleas on the issue of marital rape for hearing in mid-October. The pleas raise the legal question of whether a husband enjoys immunity from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex. A bench comprising Chief Justice D Y Chandarchud and Justices J B Pardiwala and Manoj Misra took note of the submissions of lawyer Karuna Nundy that the pleas needed to be heard. We are in midst of constitution bench hearings. We can list this after the constitution bench matters are wrapped up, the bench said and asked Solicitor General Tushar Mehta and other lawyers how much time they would take in advancing their arguments. I will take two days. This (issue) has social ramifications, the law officer said. A counsel for the petitioners said they would like to argue for three days. Then it can be listed for hearing in April next year! the CJI quipped and later said the pleas would be listed for hearing in .

SC dismisses PIL seeking independent audit of source code of EVMs

The Supreme Court on Friday refused to entertain a PIL seeking an audit of the software used in electronic voting machines (EVMs) used by the Election Commission. A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said no actionable material that the poll panel acted in breach of constitutional mandate in holding polls has been placed before it. The Election Commission is entrusted with the control over elections. Presently, the petitioner places no actionable material before this court to show that the poll panel has acted in breach of its constitutional mandate. There is no material before us which casts doubt on EVMs, the bench said. Before filing the petition, PIL petitioner Sunil Ahya had made representations to the Election Commission seeking an independent audit of the source code of the EVMs. The source code is the brain behind the EVM and it is about survival of democracy, Ahya said.

Supreme Court says no to barium-made firecrackers, upholds Delhi govt's ban

Earlier this month, the Supreme Court had asked Delhi police not to issue temporary licences for the sale of firecrackers in the capital city

Protests erupt in Karnataka as SC refuses to interfere in Cauvery water row

Protests erupted in various parts of Cauvery river basin districts of Karnataka after the Supreme Court refused to interfere with orders of the Cauvery Water Management Authority and Cauvery Water Regulation Committee, directing the state to release 5,000 cusecs of water to neighbouring Tamil Nadu. Farmers organisations and pro-Kannada organisations staged protests in Mysuru, Mandya, Bengaluru and other parts expressing their anger and urging the state government not to release water to Tamil Nadu. Karnataka Rajya Raitha Sangha and Hasiru Sene (farmers organisation) staged a protest at Basaveshwara circle in Mysuru, and raised slogans: "Where is water to release? And we demand justice." They have also planned to lay siege to the Command Area Development Authority office in Mysuru, as a mark of protest. Pointing out that Cauvery and Kabini basin taluks have already been declared as drought hit, a farmer leader alleged, CWMA orders are in favour of Tamil Nadu as it is without taking

Elgar Parishad case: SC adjourns hearing on activist Jyoti Jagtap's plea

The Supreme Court on Thursday adjourned for four weeks a plea moved by activist Jyoti Jagtap, arrested in the Elgar Parishad-Maoist links case, challenging a Bombay High Court order denying her bail. Jagtap has moved the apex court challenging the October 17, 2022 order of the high court that refused to grant her bail, saying the National Investigation Agency's (NIA) case against her was "prima facie true" and that she was part of a "larger conspiracy" hatched by the banned CPI (Maoist) outfit. A bench of Justices Aniruddha Bose and Bela M Trivedi deferred the matter after advocate Aparna Bhat, appearing in the court on behalf of Jagtap, sought time to file a rejoinder to an NIA affidavit. The top court granted three weeks to Jagtap to file her rejoinder. On July 28, a bench headed by Justice Bose granted bail to activists Vernon Gonsalves and Arun Ferreira in the Elgar Parishad-Maoist links case, noting that they were in custody for five years. The top court had, on May 4, sought

SC refuses to interfere with orders directing K'taka to release water to TN

The Supreme Court on Thursday refused to interfere with orders of the Cauvery Water Management Authority and Cauvery Water Regulation Committee directing the Karnataka government to release 5,000 cusecs of water to Tamil Nadu. A bench of Justices BR Gavai, PS Narasimha and Prashant Kumar Mishra said it is not inclined to entertain the plea of Tamil Nadu in which it has challenged the decision of the Cauvery Water Management Authority (CWMA) upholding the order of the Committee on grounds that it is facing a drought-like situation due to deficit in rainfall. The bench said expert bodies like the CWMA and Cauvery Water Regulation Committee (CWRC) have considered all relevant aspects like drought and deficit rainfall and passed the order and, therefore, it is not inclined to interfere with the order directing Karnataka to release 5,000 cusecs of water.

SC to hear pleas on validity of extending reservation to SC/ST on Nov 21

The Supreme Court on Wednesday posted for hearing on November 21 the pleas challenging the constitutional validity of extending reservation to scheduled castes and scheduled tribes in Lok Sabha and the state assemblies beyond the original 10-year period contemplated in the Constitution. A five-judge Constitution bench headed by Chief Justice D Y Chandrachud said it would examine the validity of the 104th Constitutional Amendment Act, which extended quota to SCs and STs in Lok Sabha and state assemblies by another 10 years. The top court clarified that it will not go into the validity of the earlier extensions given for scheduled castes and scheduled tribes reservations through earlier amendments. "The validity of the 104th amendment shall be determined to the extent that it applies to the SCs and the STs since the reservations for Anglo Indians has come to an end after the expiration of 70 years from the commencement of the Constitution," the bench, also comprising Justices AS ...

SC to start hearing on validity of Citizenship Act's Section 6A on Oct 17

The Supreme Court on Wednesday said it will commence hearing on October 17 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. They 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. A five-judge Constitution bench headed by Chief Justice D Y Chandrachud noted that nodal counsels have prepared common compilation in the matter. However, common compilation needs to be streamlined. "A common index shall be prepar

In push for arbitration in India, one sector steps on the gas

The central government sought from the Supreme Court time till November to file an expert committee's report recommending reforms in the Indian Arbitration and Conciliation Act of 1996

Cauvery water row: Karnataka govt to move Supreme Court, says DK Shivakumar

Shivakumar's remarks came after the Cauvery Water Management Committee on Monday asked the Karnataka government that 5,000 cusecs of water be released every day to Tamil Nadu for 15 days

Set timeline to decide disqualification of Shinde MLAs: SC to Maha Speaker

The Supreme Court on Monday directed the Maharashtra assembly speaker to spell out the timeline within a week for adjudication of the disqualification petitions filed against Chief Minister Eknath Shinde and Shiv Sena MLAs loyal to him who had tied up with the BJP to form a new government in June 2022. A bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra referred to the May 11 verdict of the apex court on the Maharashtra political crisis and the direction issued by it to the speaker to decide the disqualification petitions within a reasonable time. The speaker has to honour the dignity of the Supreme Court and abide by its verdict, the bench said. It asked Solicitor General Tushar Mehta, appearing for the speaker, to inform it about the time frame being set by the House chair for disposal of the disqualification petitions. We expect deference and dignity to the directions issued by the Supreme Court, the bench said and listed the plea by Shiv

Adani-Hindenburg saga: Plea cites conflict of interest, seeks new SC panel

The next hearing in the case is likely on October 13

SC refuses to entertain Jharkhand CM Hemant Soren's plea against ED summons

The Supreme Court on Monday refused to entertain Jharkhand Chief Minister Hemant Soren's plea against the Enforcement Directorate's (ED) summons in a case of alleged money laundering. A bench of Justice Aniruddha Bose and Justice Bela M Trivedi granted Soren the liberty to approach the Jharkhand High Court for relief in the matter. Senior advocate Mukul Rohatgi claimed in the court that this is a complete case of a witch-hunt. "Mr Rohatgi, why don't you go to the high court? No no, go to the high court. We will permit you to withdraw," the bench said. The matter was dismissed as withdrawn. Additional Solicitor General S V Raju, appearing for the ED, submitted that the issue is covered by a large number of judgments. Soren has moved the apex court challenging the summons sent to him to depose at the federal agency's office in Ranchi on August 14 and record his statement under the Prevention of Money Laundering Act. Earlier, Soren had skipped the ED's summons in an alleged defence

Want to 'tighten up' self-regulatory mechanism for TV news channels: SC

The Supreme Court on Monday said it wanted to "tighten up" the self-regulatory mechanism of monitoring TV news channels and granted four more weeks to News Broadcasters and Digital Association (NBDA) to come up with fresh guidelines. A bench comprising Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra took note of submissions that the NBDA was in consultation with its present and former chairpersons, Justice (retd) A K Sikri and R V Raveendran, respectively, for framing fresh guidelines. Senior advocate Arvind Datar, appearing for NBDA, sought four weeks to come up with fresh guidelines. Appearing for the Centre, Solicitor General Tushar Mehta said the Union government has already formulated a three-tier mechanism, the first of which is self-regulation. Senior advocate Mahesh Jethmalani, appearing for the News Broadcaster Federation of India (NBFI), said it was the only regulatory body registered with the Centre as per the 2022 rules, unlike NBDA. He

SC to hear plea against HC order staying plaster of Paris Ganesha idols

The Supreme Court agreed to hear on Monday a plea challenging a Madras High Court order staying the sale and manufacture of Ganesha idols made of plaster of Paris. A bench of Chief Justice DY Chandrachud and justices J B Pardiwala and Manoj Misra agreed to hear the matter at the end of the board of listed cases after senior advocate Shyam Divan cited urgency in the matter owing to the Ganesh Chaturthi festival on Tuesday. "This is a matter which requires urgent hearing. The division bench of the high court has passed the order on Sunday evening by which it had stayed the single judge's order permitting the sale of Ganesha idols made of plaster of Paris," Divan said. The bench had initially asked Divan to follow the standard operating procedure for listing of urgent matters by sending an e-mail to the apex court. However, it agreed to hear the matter after the advocate mentioned the upcoming festival. Divan said that the effect of the order issued during a special sitting on Sunday

Reintroduction programme on track: Cheetah Conservation Fund founder

India's Cheetah reintroduction programme is on track, the animals have adapted to their new environment and currently there are no challenges facing the project, Cheetah Conservation Fund founder Laurie Marker said on Sunday. She, however, cautioned that this does not mean there won't be any losses of animals going forward. In a conversation with PTI on the phone, Marker, who has been instrumental in drafting plans for the introduction, said: "We feel the project is on target. We have learned a lot. The animals have adapted, and they are doing well. But that does not mean there won't be any more losses of the animals because reintroduction is a very big and hard job." In a letter addressed to the Indian Supreme Court in July, African experts, including Marker, had expressed grave concerns about Project Cheetah's management. They had questioned the project's communication gaps and sluggish response to critical issues. They had also said some cheetah fatalities could have been preven

Difficult to deal with arrear of cases if Bar members don't cooperate: SC

The Supreme Court has said that fairness is a "hallmark of great advocacy" and if the members of the Bar do not cooperate with the trial courts, it would be very difficult for the courts to deal with huge arrears of cases. The apex court made the observations while hearing a petition arising out of an order of the Bombay High Court. It noted that as per data available on the National Judicial Data Grid, there is a huge pendency of suits in the trial courts in Maharashtra. "If the members of the Bar do not cooperate with the trial courts, it will be very difficult for our courts to deal with the huge arrears," a bench of Justices Abhay S Oka and Rajesh Bindal said in its verdict delivered on September 14. The top court said while a trial is being conducted, the members of the Bar are expected to act as officers of the court and conduct themselves in a reasonable and fair manner. "The members of the Bar must remember that fairness is a hallmark of great advocacy. If the advocates sta

Franklin Templeton MF credibly managed post-Covid debt crisis: Parekh

FT MF had wound up six of its debt schemes in April 2022, citing redemption pressure amid a lack of liquidity in the bond market

Try extending benefits of Covid schemes to all orphans: SC to govt

An orphan is an orphan, irrespective of how the death of his or her parents happened, the Supreme Court has said, asking the Centre if there are ways the benefits of schemes, including PM Cares fund, which were meant for children orphaned during the COVID-19 pandemic, can be extended to all orphans. A bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra on Friday asked Additional Solicitor General Vikramjeet Banerjee, appearing for Centre, to seek instructions in the matter. "You have rightly brought out a policy for orphans, whose parents died due to the COVID pandemic. An orphan is an orphan, irrespective of whether the parents died in an accident or illness. By bringing these schemes, you are attending to the condition and not the parentage. "You seek an instruction on whether benefits of schemes including PM Cares fund meant for children orphaned during the COVID-19 pandemic can be extended to other orphaned children," the bench told Banerjee. The ASG