Page 191 - Supreme Court

SC transfers Manipur violence cases investigated by CBI to Assam HC

In a significant development, the Supreme Court Friday transferred to neighbouring Assam 17 Manipur violence cases being probed by the CBI, including the sexual assault case of two women seen in a viral video being paraded naked, and asked the Chief Justice of the Gauhati High Court to nominate one or more judicial officers to deal with them. The top court passed a slew of directions on judicial procedures, including the virtual examination of victims and witnesses by courts, saying they have been issued at the present stage, bearing in mind the overall environment in Manipur and the need for ensuring a fair process of criminal justice administration. A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra rejected the submissions of many lawyers, who were opposed to transfer of CBI cases to Assam, and accepted the submissions of Solicitor General Tushar Mehta, appearing for the Centre and the Manipur government, that the suggestion has been made .

Criminal case accused under obligation to stand for test identification: SC

A person accused in a criminal case is under obligation to go for a test identification parade (TIP) during an investigation under the Code of Criminal Procedure and it does not violate any constitutional right, the Supreme Court has held. A bench comprising Justices M M Sundresh and J B Pardiwala made the observation in a judgment by which it dismissed the appeal of a convict in a murder case. The top court said the TIP does not violate the fundamental right of an accused under Article 20(3) of the Constitution which provides that no accused can be compelled to be a witness against himself. The bench said that merely taking part in the TIP does not amount to becoming a witness against himself. "We are of the view that after the introduction of Section 54A in the CrPC referred to above, an accused is under an obligation to stand for identification parade. An accused cannot resist subjecting himself to the TIP on the ground that he cannot be forced or coerced for the same," the benc

CJI Chandrachud declares Sep 8 as holiday in SC in view of G20 Summit

The Supreme Court will remain closed on September 8 with Chief Justice of India D Y Chandrachud on Friday declaring it as a holiday in view of the G20 Summit in the national capital, a notification issued by the apex court said. The G20 Summit will be held in Delhi on September 9 and 10. A notification issued on the apex court website said the CJI has declared September 8 as a holiday for the top court considering the office memorandum of August 24 issued by the Ministry of Personnel, Public Grievances & Pensions. According to an order issued by the Personnel Ministry on Thursday, all central government offices in the national capital will be closed from September 8 to 10 in view of the G20 summit. "Invoking the provision of sub-rule (3) of Rule 4 of Order II of the Supreme Court Rules, 2013, the Chief Justice of India has declared September 8, 2023 as holiday for the Supreme Court of India and its registry and September 9, 2023 as holiday for the registry of the Supreme Court ...

Cauvery water: SC refuses to pass order on TN govt's plea to direct K'taka

The Supreme Court on Friday refused to pass any order on the Tamil Nadu government's plea seeking release of 24,000 cusecs of Cauvery water daily by Karnataka for irrigating the standing crops. A three-judge bench headed by Justice BR Gavai sought a report from the Cauvery Water Management Authority (CWMA) on the amount of water released by Karnataka, after Additional Solicitor General Aishwarya Bhati informed the court that a meeting of the authority is scheduled for Monday. We do not possess any expertise on the matter. The ASG informs that authority is meeting on Monday to decide discharge of water for next fortnight. "We find that it will be appropriate that CWMA submits its report on whether the directions issued for discharge of water have been complied or not, the bench, also comprising Justices PS Narasimha and PK Mishra, said. Additional Solicitor General Aishwarya Bhati, appearing for the Centre, informed the bench that the meeting of CWMA is scheduled to be held on Augus

Money laundering case: SC extends Satyendar Jain's interim bail till Sept 1

The Supreme Court on Friday extended till September 1 the interim bail of former Delhi minister Satyendar Jain in a money laundering case despite vehement opposition by the the Enforcement Directorate, which said the medical advice tendered to the AAP leader did not warrant the relief. A bench of Justices AS Bopanna and M M Sundresh granted the relief to Jain after taking note of his medical report. "Though the Additional Solicitor General opposes the grant of extension of interim bail by contending that medical advice as referred to is not sufficient to extend the bail... medical bail granted earlier stands extended till September 1," the bench said. At the outset, senior advocate Abhishek Singhvi submitted that Jain is entitled to regular bail as he has been in jail for over 15 months. Referring to the senior AAP leader's medical condition, Singhvi said he is undergoing rehabilitation after a crucial surgery of the spine. The doctors have suggested aquatic physiotherapy and he c

SC permits Delhi govt to amend petition to challenge services law

The Supreme Court on Friday permitted the Delhi government to amend its petition challenging the recently cleared law by Parliament pertaining to control over services in the national capital. The top court took note of the submissions of senior advocate Abhishek Singhvi, appearing for the Delhi government, that earlier the challenge was directed against the Ordinance which has now become law after clearance from Parliament. A bench headed by Chief Justice D Y Chandrachud permitted the amendment to the petition as the Centre said it has no objection to it. The bench granted four weeks time to the Centre to file its response to the amended plea. Parliament recently cleared the Government of National Capital Territory of Delhi (Amendment) Bill 2023, also known as the Delhi Services Bill, paving way for the Centre's proposed legislation on the postings and transfers of bureaucrats in the national capital, despite a bitter debate in the House and Opposition's attempt to stop it. Prior

Lalu Yadav playing badminton after getting bail in fodder scam: CBI to SC

The CBI on Friday told the Supreme Court that RJD supremo Lalu Prasad was playing badminton after being enlarged on bail in a fodder scam case on medical grounds, as it sought cancellation of the relief granted to the former Bihar chief minister. Prasad's counsel opposed any move to cancel septuagenarian leader's bail, saying he has undergone a kidney transplant recently. The CBI has approached the seeking cancellation of Prasad's bail in the Doranda treasury case in which he has been sentenced to five years in prison. Additional Solicitor General S V Raju, appearing for the CBI, submitted that the Jharkhand High court order granting bail to the Rashtriya Janata Dal (RJD) leader was "bad in law" and "erroneous". Senior advocate Kapil Sibal, representing Prasad, opposed the CBI's application on account of the former union minister having gone a kidney transplant surgery. Sibal told the bench that Prasad has already served 42 months behind bars in the case. "He is playing badminton

Adani-Hindenburg case: Sebi shares investigation update with Supreme Court

SEBI "shall take appropriate action based on outcome of the investigations," it said

PM degree row: SC refuses to entertain Kejriwal's plea against HC order

The Supreme Court on Friday refused to entertain Delhi Chief Minister Arvind Kejriwal's plea challenging the high court order rejecting his request to stay the criminal defamation proceedings filed by the Gujarat University over his remarks about Prime Minister Narendra Modi's educational qualification. Gujarat University Registrar Piyush Patel had filed a defamation case against Kejriwal and AAP leader Sanjay Singh over their alleged comments after the Gujarat High Court set aside an order of the Chief Information Commissioner for providing information about Modi's degrees to them under the RTI Act. A bench of Justices Sanjiv Khanna and SVN Bhatti said it is not issuing notice on the plea as the matter is pending before the Gujarat High Court and is listed for hearing on August 29. The bench said the Gujarat University and Kejriwal can raise their grievances before the high court. At the outset, senior advocate Abhishek Singhvi, appearing for Kejriwal, said the high court had wron

Federation is a Union because it is indestructible: SG Mehta on Article 370

A 5-judge bench headed by CJI DY Chandrachud was hearing a batch of petitions challenging the abrogation of Article 370 that accorded special status to the erstwhile state of Jammu and Kashmir

Bilkis Bano case: Supreme Court to hear arguments of convicts today

Bilkis Bano case: Their premature release was challenged by Bano and Trinamool Congress leader Mahua Moitra, among others

SpiceJet: Division bench orders Ajay Singh to pay Rs 100 cr to Maran

Kalanithi Maran claims that SpiceJet owes him Rs 393 crore as of August 3

SC stays trial court order directing Azam Khan to give voice sample

The Supreme Court on Wednesday stayed an order of a trial court directing Samajwadi Party leader Azam Khan to give a voice sample in a case of allegedly delivering a hate speech and using derogatory language against BSP chief Mayawati in 2007. The voice sample has been sought to match it with Khan's speech, which was made during a public meeting in Rampur's Tanda area in 2007 and recorded on a CD. A bench of justices A S Bopanna and P K Mishra issued notice to the Uttar Pradesh government and the complainant in the case on the plea filed by Khan. "Issue notice to the respondent. In the meanwhile, there shall be an interim stay of the direction of the trial court order dated October 29, 2022, and upheld by the high court dated July 25, 2023," the bench said. Khan has challenged the July 25 order of the Allahabad High Court which disposed of his plea and upheld the order of the trial court in Rampur. The complaint was registered by one Dheeraj Kumar Sheel against Khan at the Tanda .

SC seeks response on plea for withdrawal of undertaking on GM Mustard

The Supreme Court Tuesday sought the response of NGO 'Gene Campaign' and others on the Centre's plea seeking withdrawal of its oral undertaking of November 2022 that it will not go ahead with the commercial cultivation of genetically modified (GM) mustard in the country. A bench comprising Justices BV Nagarathna and Ujjal Bhuyan took note of the Centre's petition and issued notices to the NGO, which had filed the PIL on the issue way back in 2004, and others including activist Aruna Rodrigues. The Centre, in a fresh application filed in the pending cases, has sought withdrawal of the oral undertaking given by an additional solicitor general that it will maintain status quo on commercial cultivation of GM Mustard. Lawyer Aparna Bhat, appearing for the NGO, sought time to file the response, saying the plea was submitted late last night. We have to file a response. They (Centre) want to withdraw the undertaking that they had given this court. This has to be heard and, without our ..

Govt's submission to SC on plea challenging caste survey exposes BJP: JD(U)

Bihar Chief Minister Nitish Kumar's JD(U) on Monday alleged that BJP's "anti-poor, anti-OBC, anti-reservations" stance stood "exposed" with the Centre's submission before the Supreme Court on a petition challenging the state's caste survey. JD(U) national president Rajiv Ranjan Singh 'Lalan', while citing the submission of Solicitor General of India Tushar Mehta, also pointed out that "former Attorney General" had appeared as the petitioners' counsel before the Apex Court. "The BJP seeks to project a pro-OBC face for electoral gains. Its boast of Prime Minister Narendra Modi being an ati pichhra (extremely backward class) is a part of this strategy. But its character has been anti-poor, anti-OBC and anti-reservations", Lalan said. "The BJP has always claimed that it is in support of the caste survey, which as the chief minister says, would benefit not just the OBCs but also all sections of the society, including the economically weaker sections. But it has tried to put hurdles befor

SC allows sexual assault survivor to terminate over 27-week pregnancy

Observing that pregnancy in cases of sexual assault is a cause of stress and trauma to the victims, the Supreme Court on Monday allowed a rape survivor to undergo medical termination of her over 27-week foetus after noting that she is clinically fit for the procedure which will not adversely affect her child bearing capacity. Under the Medical Termination of Pregnancy (MTP) Act, the upper limit for termination of pregnancy is 24 weeks for married women, special categories including survivors of rape and other vulnerable women such as those differently-abled and minors. Taking note of the survivor's medical report, a bench of Justices B V Nagarathna and Ujjal Bhuyan said the Gujarat High Court was not right in rejecting her prayer for MTP. The top court said in Indian society within the institution of marriage, pregnancy is a reason for joy and celebration not only for the couple but also for their family and friends. "In contrast, pregnancy outside marriage is injurious, particular

What is the Cauvery water dispute, and why is it making headlines again?

Tamil Nadu and Karnataka have been locked in a decades-long battle over the sharing of water from the Cauvery River

SC proposes expert panel for comprehensive study of Indian Himalayan region

The Supreme Court on Monday mooted constituting an expert committee for conducting a "complete and comprehensive" study on the carrying capacity of the Himalayan region in the country, where unplanned development has caused devastation in recent times, terming it a "very important issue". The carrying capacity is the maximum population size that an ecosystem can sustain without getting degraded. A bench headed by Chief Justice D Y Chandrachud was hearing a plea seeking an assessment of the carrying capacity and master plans for the Indian Himalayan Region spanning 13 states and union territories. The counsel appearing for petitioner Ashok Kumar Raghav told the bench there was a need for a comprehensive study by expert institutions as devastation was noticed almost every single day in the Himalayan region. "So, we can appoint say three or four of these institutions which will nominate their representatives and we can ask them to carry out a complete and comprehensive study on carryi

Supreme Court to issue guidelines on summoning of govt officials to courts

The Supreme Court said on Monday it will lay down the broad guidelines to be followed by courts across the country while summoning government officials. A bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra said there must be different sets of procedure to deal with contempt proceedings arising out of non-compliance of final judgements and the interim orders passed in pending cases. In pending cases, the affidavits of officials may serve the purpose, while in contempt cases, arising out of non-compliance of court orders, the presence of government officials concerned may be necessary, the bench said. "We will lay down some guidelines for summoning of government officers. There must be bifurcation of matters pending and the ones in which adjudication is complete. For pending (cases), summoning officers is not needed but once adjudication is complete then contempt steps in, it said. While reserving its order on framing the guidelines for summonin

Amid Jadavpur University death row, what are the anti-ragging laws in India

A first-year student of the Jadavpur University in Kolkata died after falling from the first floor of his hostel last week