Page 192 - Supreme Court

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

Will not stay Bihar caste survey unless prima facie case made: SC

The Supreme Court Monday told the petitioners challenging the Patna High Court order giving the go-ahead to the Bihar government for a caste survey that it will not stay the exercise unless they made out a prima facie case against it. The top court also allowed Solicitor General Tushar Mehta, representing the Centre, to file its response on the issue within seven days after he said the survey could have some consequences. "We are not this way or that way. But this exercise may have some consequences and hence we would like to file our reply," Mehta said but did not elaborate on the consequences the contentious exercise could possibly have. A bench of Justices Sanjiv Khanna and SVN Bhatti, which is hearing a batch of pleas filed by various NGOs and individuals challenging the August 1 verdict of the high court, adjourned the proceedings at Mehta's request. Senior advocate Mukul Rohatgi, appearing for one of the petitioners, sought the court's direction restraining the state governm

SC dismisses plea seeking declaration that abrogation of Art 370 valid

The Supreme Court on Monday dismissed a petition seeking a declaration that abrogation of Article 370 of the Constitution, which bestowed special status on the erstwhile state of Jammu and Kashmir, was constitutionally valid. Terming the plea as "misconceived", a bench headed by Chief Justice D Y Chandrachud said the issue of constitutional validity of abrogation of Article 370 is already pending before a constitution bench of the apex court. "What kind of a petition is this? You are now seeking a declaration by this court that the abrogation of Article 370 is valid. Why should we issue that declaration on your petition? Who has set your client up?" the bench, also comprising Justices J B Pardiwala and Manoj Misra, asked the counsel appearing for the petitioner. The bench noted that the petitioner has filed a public interest litigation (PIL) seeking a declaration to the effect that abrogation of Article 370 (1) of the Constitution and the deletion of Article 35-A were constitutional

SC to pass guidelines on summoning of officials in courts across nation

The Supreme Court on Monday said it will lay down broad guidelines for courts across the country to deal with the issue of summoning officials in cases involving the government and their officials. A bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra said there must be different set of procedures 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 and 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. The court was hearing

Manipur: SC to pass orders on Fri to facilitate Justice Gita Mittal panel

A panel headed by former judge Gital Mittal to oversee relief and rehabilitation of victims of violence in Manipur on Monday submitted three reports to the Supreme Court, including one on the need to upgrade the compensation scheme for the strife-torn people of the state. The Supreme Court said it will pass orders on Friday to facilitate functioning of the three-member panel. A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said the copy of the three reports be given to all lawyers concerned and directed advocate Vrinda Grover, appearing for one of the victims, to collate suggestions for the panel. The bench said the Justice Mittal-led committee has filed three reports on issues such as loss of documents and the need for upgrade the Manipur compensation scheme on the lines of the National Legal Services Authority policy. The reports submitted by the Justice Mittal-led committee shows essential documents need to be re-issued and the Manipur

Ensure proper implementation of RTI Act on proactive disclosure of info: SC

The Supreme Court has directed the Central Information Commission and the State Information Commissions to ensure proper implementation of provisions of the Right to Information Act, 2005 including on proactive disclosure of information by public authorities. A three-judge bench led by Chief Justice D Y Chandrachud said public accountability is a crucial feature that governs the relationship between 'duty bearers' and 'right holders'. The top court said power and accountability go hand in hand and noted that while all citizens shall have the 'right to information' under Section 3 of the Act, the co-relative 'duty' in the form of the obligation of public authorities is recognised in Section 4 of the RTI Act. "We direct that the Central Information Commission and the State Information Commissions shall continuously monitor the implementation of the mandate of Section 4 of the Act as also prescribed by the Department of Personnel and Training in its Guidelines and Memorandums issued fr

Crimes against children: SC says justice is giving care, support to victims

True justice in cases of crimes against children is achieved not merely by nabbing the culprit or the severity of punishment meted out but by the support and security provided to the victim, the Supreme Court has said. A bench of Justices S Ravindra Bhat and Aravind Kumar made the observation while issuing a slew of directions relating to the appointment of support persons under the POCSO Act. A "support person" means a person assigned by the Child Welfare Committee to render assistance to the child through the process of investigation and trial. "In crimes against children, it is not only the initiating horror or trauma that is deeply scarring; that is aggravated by the lack of support and handholding in the days that follow. "In such crimes, true justice is achieved not merely by nabbing the culprit and bringing him to justice, or the severity of punishment meted out, but the support, care, and security to the victim (or vulnerable witness), as provided by the state and all its .

Karnataka to file appeal in SC on Aug 21 over release of Cauvery water

The Karnataka Cabinet on Saturday directed the Advocate General to file the state's appeal before the Supreme Court on August 21 regarding the release of Cauvery river water to neighbouring Tamil Nadu. Earlier this week, Tamil Nadu had approached the Supreme Court with a plea to direct Karnataka to release 24,000 cusecs of Cauvery water daily for standing crops. Karnataka has been maintaining that it will be able to release water to Tamil Nadu taking into account its needs like drinking water and standing crops in the Cauvery basin areas citing scarcity due to deficit monsoon rains. "The Advocate General was invited to today's cabinet. He has been directed to file the state's appeal before the Supreme Court on Monday," Law and Parliamentary Affairs Minister H K Patil said. Briefing reporters about the cabinet decisions, Patil said, "He (AG) has been asked to file an appeal with all the detailed information based on the existing situation." Not willing to share any details, the ...

Constitution will win, SC only option: AAP on Delhi Govt amendment

Constitution is supreme, however, when a government tries to subvert it by bringing amendments to it, Supreme Court is the only option, Aam Aadmi Party leader Imran Hussain said here on Saturday. Hussain, a minister in the AAP-governed Delhi government, made the remarks responding to a question on the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, during a press conference. "This issue is in the court of law and Enforcement Directorate and CBI is being wrongly used by the BJP. In Maharashtra, they accused someone and sometime later the person joined BJP. This is not how things work out. If public gives authority, it also have the power to seize it back. "When parties do not obey the Constitution and bring out new amendment bills then the only option is the Supreme Court. And, I think, the Constitution will win and no one is above the Constitution," he said. Asked about AAP national chief spokesperson Priyanka Kakkar's comment that if Congress does not joi

SC seeks AG's help to fix time limit for govt regarding collegium proposals

The Supreme Court has sought the assistance of Attorney General R Venkataramani in deciding a plea seeking a direction that a time limit be fixed for the Centre to notify the appointment of judges recommended by the apex court collegium. The plea came up for hearing on Friday before a bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra. "A copy of the petition be served on the office of the Attorney General for India. We request the Attorney General to assist the court," the bench said and posted the matter for hearing on September 8. The apex court was hearing a plea filed by advocate Harsh Vibhore Singhal. "The instant writ petition does not in any way challenge the Supreme Court Collegium (SCC) system for the appointment of judges. Rather, it seeks to further cohere and strengthen the SCC for greater judicial independence," it said. It has sought a direction to plug the 'zone of twilight' of there being no time for notifying the collegium's

SC to hear Rahul Gandhi's appeal against Gujarat HC verdict on July 21

From refusing to pass directions to prohibit the slaughter of cow to reserving verdict on the rules of game for judoicial appointment, here's a list of important developments in the apex court today

What's the harm if person provides caste details for Bihar survey, asks SC

SC also recalled its April 10 verdict by which it had held that duty free shops at arrival and departure terminals at international airports are outside the purview of the customs law

LIVE: HP govt declares whole state as 'natural calamity affected area'

Catch all the latest updates from across the globe here

SC adjourns hearing on Umar Khalid's plea seeking bail in UAPA case

The Supreme Court on Friday adjourned for two weeks the hearing on a plea filed by former JNU student Umar Khalid seeking bail in a case lodged under anti-terror law UAPA over his alleged involvement in the conspiracy behind the northeast Delhi riots of February 2020. A bench of Justices Aniruddha Bose and Bela M Trivedi said the matter needs to heard on a non-miscellaneous day. Tuesdays, Wednesdays and Thursdays are non-miscellaneous days in the apex court when matters which require detailed hearing are taken up. Senior advocate Kapil Sibal, appearing for Khalid, agreed to the suggestion. Supreme Court judge Justice Prashant Kumar Mishra had on August 9 recused himself from hearing Khalid's plea. Khalid's petition challenging the October 18, 2022 order of the Delhi High Court, which had rejected his bail plea in the matter, had come up for hearing before a bench of Justices A S Bopanna and Prashant Kumar Mishra. The high court had rejected Khalid's bail plea, saying he was in ..

Art 370: SC questions issuance of constitutional orders for J-K post 1957

The Supreme Court on Thursday questioned the issuance of several constitutional orders which allowed provisions of the Indian Constitution to be applied in Jammu and Kashmir post 1957. The top court was referring to the Constitution (Application to Jammu and Kashmir) Amendment Orders passed since 1957 till August 6, 2019. A five-judge bench headed by Chief Justice D Y Chandrachud expressed surprise to the submission of senior advocate Dushyant Dave, appearing for a petitioner, that Article 370, which bestowed special status on the erstwhile state of Jammu and Kashmir, had lived its life and achieved its purpose. Unlike other senior lawyers, including Kapil Sibal and Gopal Subramanium, Dave argued that Article 370 has not in entirety assumed a permanent character and has lived its worth with the term of the Constituent Assembly of Jammu and Kashmir coming to an end in 1957. "I respectfully submit that Article 370 has lived its life. It has achieved its purpose. Now, Article 370 (1)

SC collegium recommends 4 names as judges of Orissa, Gauhati and Kerala HCs

A three-judge collegium headed by Chief Justice D Y Chandrachud on Thursday recommended the names of two judicial officers, one advocate and one additional judge for appointment as judges of the high courts of Orissa, Gauhati and Kerala. The collegium, which also comprises Justices Sanjay Kishan Kaul and Sanjiv Khanna, recommended the names of advocate Sibo Sankar Mishra and judicial officer Ananda Chandra Behera as judges of the Orissa High Court. It recommended the name of judicial officer Budi Habung for appointment as a judge of the Gauhati High Court. It also recommended that Additional Judge Justice C S Sudha be appointed as Permanent Judge of the Kerala High Court. The collegium resolution uploaded on the apex court website stated that the Chief Justice of the Orissa High Court in consultation with his two senior-most colleagues recommended their names of Mishra and Behera on January 17, 2023. The chief Minister and the governor of Odisha have concurred with the ...

Bilkis Bano case: SC says state govt should not be selective in remission

State governments should not be selective in granting remission to convicts and the opportunity to reform and reintegrate with society should be given to every prisoner, the Supreme Court Thursday told the Gujarat government which defended its decision of premature release of all 11 convicts in the Bilkis Bano gang-rape case during the 2002 riots. The top court's observation came in response to the submission by Additional Solicitor General S V Raju, appearing for the Gujarat government, that law says a chance must be given to even the hardened criminals to reform themselves. The law officer submitted the crime committed by the 11 convicts was "heinous" but does not fall in the rarest of rare category. "Therefore, they deserve the chance of reformation. Person may have committed the offence...Something may have gone wrong in a particular moment. Later, he can always realise the consequences. "This can largely be determined from their conduct in jail, when released on parole, or ..

Not 'seductress', just a woman: SC's handbook combating gender stereotypes

The initial draft of the 30-page booklet, which aims to assist judges and the legal community in identifying, understanding and combating stereotypes about women

Article 370: SC asks if Parl can enact law to divide J&K into two UTs

The Supreme Court on Wednesday asked whether Parliament could have enacted the Jammu and Kashmir Reorganisation Act, which divided the erstwhile state into two union territories, during the subsistence of President's Rule in 2018-2019. The Jammu and Kashmir Reorganisation Bill was tabled and passed by the Rajya Sabha on August 5, 2019 and was tabled and passed by the Lok Sabha the next day. It received presidential assent on August 9, 2019. A five-judge bench headed by Chief Justice DY Chandrachud posed this question to senior advocate Rajeev Dhavan, appearing for Jammu and Kashmir People's Conference, which has, apart from challenging the abrogation of Article 370 of the Constitution, contested the imposition of President's Rule in the erstwhile state on December 19, 2018 and its extension on July 3, 2019 for six months. "Can Parliament enact a law (Jammu and Kashmir Reorganisation Act) during the subsistence of a proclamation under Article 356 in exercise of its power?" the chief

Supreme Court launches handbook to combat gender stereotypes in judgements

Chief Justice of India DY Chandrachud said the handbook is not intended to be a criticism of the work so far done by judges and lawyers