Page 193 - Supreme Court

Women no subordinates to men, they don't need to be submissive: SC

Women are neither subordinate to men nor do they need to be submissive to anybody, as the Constitution guarantees equal rights to individuals of all genders, the Supreme Court has said in its 'Handbook on Combating Gender Stereotypes' while terming as "incorrect" some common stereotypes about the gender roles ascribed to men and women. The handbook, which contains a glossary of gender unjust terms and suggests alternative words and phrases which may be used, was launched on Wednesday. On the stereotypes based on gender roles, the handbook contains a table outlining some common stereotypes and gives reasons as to why they are incorrect. On the stereotype that "women should be submissive or subordinate to men", the handbook said, "The Constitution of India guarantees equal rights to individuals of all genders. Women are neither subordinate to men nor do they need to be submissive to anybody." Dealing with the stereotype that "women should do all the household chores", it said the ...

SC orders status quo on demolition drive near Krishna Janambhoomi

The Supreme Court on Wednesday ordered status quo with regard to the demolition drive being carried out by railway authorities to clear alleged illegal constructions near the Krishna Janmabhoomi in Uttar Pradesh's Mathura. A bench of Justices Aniruddha Bose, Sanjay Kumar and SVN Bhatti issued notice to the Centre and others in the matter. Let there be status quo as regards the subject premises for a period of 10 days. List after one week, the bench said. The lawyer, appearing for the petitioner Yakub Shah, told the bench that 100 houses have been bulldozed. There are 70-80 houses left. Whole thing will become infructuous. They conducted the exercise on a day when Uttar Pradesh courts were closed, he said. The matter pertains to demolition of settlements near the Krishna Janmabhoomi.

Barriers to accessing justice biggest challenge before judiciary: CJI

Chief Justice of India (CJI) D Y Chandrachud on Tuesday said the greatest challenge before the Indian judiciary is to eliminate the barriers to accessing justice and make sure that judiciary is inclusive and accessible to the last person in the line. He also said that there is a need to overhaul the infrastructure on a priority basis to make courts accessible and inclusive. Speaking at the Independence Day celebrations organised by the Supreme Court Bar Association (SCBA) at the apex court lawns, the CJI said the aim is to create a judicial system which is more accessible and cost-effective for the people and that full potential of technology has to be tapped to overcome the procedural barriers to justice. While referring to Prime Minister Narendra Modi's speech at the Red Fort, Justice Chandrachud said the PM mentioned about the apex court's efforts to translate judgements in Indian languages. The CJI said up to now, 9,423 judgements of the top court have been translated in region

Politics has become profession of power, money: Justice Santosh Hegde

Politics has become a profession of power and money, and ceased to be a service, former Solicitor General of India Justice N Santosh Hegde rued on the country's independence day. Speaking to PTI here, the retired Judge of the Supreme Court also said there should an all out effort to inculcate two social values -- contentment and humanism -- so that there could be solidarity and peace in the society. Before independence many in the country fought against foreign rule and for independence without any monetary gain; it was because of their love for the country, it was a sacrifice, he recalled. After independence people joined politics as a service to the nation and for a few decades elected representatives had no salary. Only their actual expenses were paid, the former Karnataka Lokayukta pointed out. The role of an elected representative was only to attend the proceedings of their elected bodies like the Parliament or State Assemblies. The elected bodies' proceedings were for a perio

SC hearing in Adani-Hindenburg saga: Sebi seeks 15 more days to file report

Markets regulator's application before Supreme Court says it has 'progressed substantially' in investigation

SC proposes to strengthen self-regulatory mechanism for TV news channels

The Supreme Court on Monday found fault with the existing self-regulatory mechanism to monitor TV news channels and sought the Centre's response, saying it wants to make it "more effective". Making it clear that it does not want to impose any censorship on media, a bench headed by Chief Justice D Y Chandrachud stressed on the need for having an effective self-regulatory mechanism and said some channels went "berserk" during the coverage of actor Sushant Singh Rajput's death case. The top court asked the News Broadcasters Association (NBA), which is now known as News Broadcasters and Digital Association (NBDA) and has a self-regulatory mechanism, to take inputs from the chairperson of News Broadcasting and Digital Standards Authority, Justice (retd) A K Sikri, and its former chief Justice (retd) R V Raveendran, both former Supreme Court judges. It noted that the self-regulatory mechanism can be strengthened after taking note of all existing material, including the inputs of former ap

SC's contempt notice to SpiceJet's Ajay Singh in Credit Suisse case

The apex court on July 25 had given additional time to the airline to pay its dues to Suisse as part of the court-agreed settlement between both parties.

Supreme Court defers execution proceedings by Reliance Infra against DMRC

DMRC had moved a curative petition asking the apex court to reconsider its 2021 order upholding the arbitral award in Reliance Infra's favour

Bihar caste survey: SC defers hearing for Aug 18 on plea against HC order

The Supreme Court on Monday deferred for August 18 hearing on a plea challenging the Patna High Court's August 1 order giving the go-ahead for a caste survey in Bihar. A bench of Justices Sanjiv Khanna and SVN Bhatti listed the plea filed by NGO 'Ek Soch Ek Paryas' on August 18 along with other pleas filed challenging the same order of the high court. A counsel appearing for the petitioner challenging the high court order said that on the day of the high court order on August 1, the state government had late night issued a notification to complete the caste-based survey within three days. The bench said it will consider everything on August 18 and by that time the judges will also go through the high court verdict. Senior advocate Mukul Rohatgi, also appearing for the petitioners challenging the high court order, said the direction may be issued to the state to not publish the details of the survey till the pendency of pleas before the court. Justice Khanna said that it will amoun

Plea in Supreme Court seeks Gyanvapi-like survey of Mathura Idgah premises

The petitioner said that the Hindu community has the right over the alleged Shahi Idgah mosque, which was built after demolishing Hindu temples

SC grants Delhi govt more time to finalise bike-taxi aggregator scheme

The Supreme Court on Monday extended till September 30 the time granted to the AAP government to finalise the Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme to regulate bike-taxi aggregators in the national capital. A bench of Justices Aniruddha Bose and Bela M Trivedi allowed the plea moved by the Delhi government seeking extension of time. The application is allowed and extension of time for issuing notification on Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme, 2023 is extended till September 30, 2023, the bench said. During the hearing, the bench asked the counsel appearing for the Delhi government about the reason of delay in finalising the policy. The counsel told the top court that a robust policy is underway but it will take some more time. The apex court on June 12 had stayed the high court order that essentially allowed bike-taxi aggregators Rapido and Uber to operate in the national capital by asking the Delhi government not to

Adani probe comes to end as Sebi tightens disclosure for big firms

Sebi had sought more time to complete the probe, but the court - amid a slump in Adani shares following a damaging report published in January by US shortseller Hindenburg Research

SC dismisses NHRC's plea on deploying observers for WB rural polls

The Supreme Court has dismissed a plea by the NHRC challenging an order of the Calcutta High Court setting aside the human rights body's directive deputing its official for identifying sensitive constituencies and deploying micro-observers for the recently concluded panchayat polls in West Bengal. A bench of Justices B V Nagarathna and Ujjal Bhuyan said interference by the NHRC affected the autonomy and independence of the State Election Commission (SEC). The top court was hearing a petition filed by the NHRC challenging an order of the division bench of the high court which said the direction of the National Human Rights Commission sought to encroach upon the jurisdiction of the SEC to conduct free and fair panchayat elections. The NHRC had, by its June 12 order, deputed its director general (investigation) as a special human rights observer to give it first-hand information on incidents of violence and to conduct an on-the-spot survey of West Bengal in consultation with the SEC t

Someone is complicit: SC on Atiq; seeks report on 183 UP police encounters

The Supreme Court has pulled up the Uttar Pradesh government over the killing of former Lok Sabha member Atiq Ahmad and his brother Ashraf in police custody in Prayagraj on April 15, observing "someone is complicit". It has also sought a status report from the state government on 183 "police encounters" that have taken place since 2017. According to the state police, 183 people have been killed in numerous police encounters since the Yogi Adityanath government assumed office in March 2017. Yogi's detractors have often claimed many of them were staged. A bench of Justices S Ravindra Bhat and Aravind Kumar directed the UP government on Friday to file an affidavit within six weeks giving the details of these encounters, the status of investigation, charge sheets filed and the status of trial. "There were 5 to 10 people guarding him (Atiq)How can someone just come and shoot? How does this happen? Someone is complicit," the bench observed. It also issued notice to the UP government on

Problem of hate speech not good and nobody can accept it: Supreme Court

Observing that there has to be harmony and comity between communities, the Supreme Court on Friday asked the Centre to constitute a committee to look into the cases of hate speech. The top court was hearing a plea over alleged blatant hate speeches calling for killing members of a particular community and their social and economic boycott at rallies in different states, including Haryana where recent communal clashes claimed six lives. A bench of Justices Sanjiv Khanna and SVN Bhatti asked Additional Solicitor General K M Nataraj, appearing for the Centre, to seek instructions and inform it about the committee by August 18. "There has to be harmony and comity between the communities. All the communities are responsible. The problem of hate speech is not good and nobody can accept it," the bench observed. The top court also directed the petitioner to collate all the material, including video and submit to the nodal officers appointed in pursuance to its October 21, 2022 judgement.

Money laundering case: SC grants two-month interim bail to Nawab Malik

The Supreme Court on Friday granted interim bail for two months to former Maharashtra minister Nawab Malik on medical grounds in a money laundering case. Malik had moved the top court against the Bombay High Court's July 13 order denying him bail on medical grounds in the case being probed by the Enforcement Directorate (ED). A bench of justices Aniruddha Bose and Bela M Trivedi noted that Malik is in hospital for kidney disease and other ailments. "We are passing the order strictly on medical conditions and have not entered into the merits of the case," the bench said. The ED had arrested Malik in February 2022 in the case allegedly linked to the activities of fugitive gangster Dawood Ibrahim and his associates. The Nationalist Congress Party (NCP) leader is in judicial custody and currently undergoing treatment in a private hospital in Mumbai. Malik had sought relief from the HC, claiming he was suffering from a chronic kidney disease apart from various other ailments. He also

Bill to replace CJI with cabinet minister for CEC, ECs selection tabled

The government on Thursday introduced in the Rajya Sabha a contentious bill that seeks to replace the Chief Justice of India with a cabinet minister in the panel for selection of chief election commissioners and election commissioners, amid an uproar by the opposition. Law Minister Arjun Ram Meghwal moved the Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill, 2023 in the Upper House in the post-lunch session. According to the bill, future chief election commissioners and election commissioners will be selected by a three-member panel headed by the prime minister and comprising the leader of the opposition in the Lok Sabha and a Cabinet minister. Opposition parties including the Congress and APP have raised strong objections to the bill and accused the government of diluting a Constitution bench order.

Insurance firm expected to act in fair manner, not for own profits: SC

An insurance company is expected to act in a bonafide and fair manner with its client and not just care for and cater to its own profits, the Supreme Court has said. A bench of justices A S Bopanna and Sanjay Kumar, in a verdict on a plea by an insuree company, said it is the fundamental principle of insurance law that utmost good faith must be observed by the contracting parties. The top court said it is the duty of the insured and the insurance company to disclose all material facts within their knowledge. "Having undertaken to indemnify an insured against possible loss in specified situations, an insurance company is expected to make good on its promise in a bonafide and fair manner and not just care for and cater to its own profits," the bench said. The observations came while deciding a plea by Isnar Aqua Farms against an order of the National Consumer Disputes Redressal Commission (NCDRC) which directed the insurance firm United India Insurance Co. Ltd to pay Rs 30.69 lakh to

SC judge recuse himself from hearing Umar Khalid's bail plea in UAPA case

From terror funding to prisoner's right to dignity, here are important developments from the Delhi High Court on Wednesday

Article 370 medium through which Constitution applied to JK: SC told

Article 370, which bestowed special status on the erstwhile state of Jammu and Kashmir, was not a repository of untrammelled power but a medium through which the Constitution would apply to the state, the Supreme Court was told on Wednesday. A five-judge constitution bench headed by Chief Justice DY Chandrachud was told by senior advocate Gopal Subramanium, appearing for petitioner Muzaffar Iqbal Khan, that the Jammu and Kashmir constituent assembly did not want to abrogate Article 370 and instead permitted its continuance. Khan has challenged the two constitutional orders of the Centre issued on August 5, 2019 and August 6, 2019, by which Article 370 was abrogated. "Even though the word 'temporary' appears in the marginal notes of Article 370 of the Constitution, the resolution passed by the Jammu and Kashmir constituent assembly said that the Constitution of India must apply with these modifications. The constitution of Jammu and Kashmir and Indian Constitution were speaking to ea