Page 196 - Supreme Court

CBI opposes bail plea of Manish Sisodia, urges Supreme Court to dismiss it

CBI told the Supreme Court that Manish Sisodia's influence and clout disentitle him to any parity. CBI submitted that Manish Sisodia is fully aware of the line of further investigation

Nuh clashes: SC asks govts to ensure no violence in VHP's protest marches

The Supreme Court on Wednesday directed the Centre and the state governments concerned to ensure no hate speech or violence takes place in Delhi-NCR during marches being held by VHP and Bajrang Dal to protest the communal clashes in Haryana's Nuh. A bench of Justices Sanjiv Khanna and S V Bhatti also ordered that additional police or paramilitary forces be deployed and CCTV cameras be installed in sensitive areas. The top court passed the order after senior advocate C U Singh, appearing for journalist Shaheen Abdullah, said 23 demonstrations have been announced by right-wing groups Vishva Hindu Parishad (VHP) and Bajrang Dal in various parts of the National Capital Region (NCR). Six people, including two home guards, have died in the communal violence which broke out in Nuh after a mob tried to stop a VHP procession on July 31. As many as 116 people have been arrested so far, according to the state government.

Defamation case: Gandhi says conviction unsustainable, refuses to apologise

Congress leader Rahul Gandhi has once again refused to apologise for his Modi surname remark that led to his disqualification as an MP but urged the Supreme Court to stay his conviction in the criminal defamation case stemming from his comment, asserting he is not guilty. BJP leader and former Gujarat minister Purnesh Modi had filed a criminal defamation case against Gandhi in 2019 over his "How come all thieves have Modi as the common surname?" remark made during an election rally in Kolar in Karnataka on April 13, 2019. In an affidavit filed before the top court, Gandhi said, Modi has in his reply used "slanderous" terms such as "arrogant" for him only because he has refused to apologise. "Using the criminal process and the consequences under Representation of People Act to arm twist the Petitioner into apologising for no fault is gross abuse of the judicial process and ought not to be countenanced by this Court. "The petitioner maintains and has always maintained that he is not

SC directs Centre, states to ensure peaceful rallies against Nuh violence

The Supreme Court directed the authorities to video record the rallies held by VHP and Bajrang Dal in sensitive areas and preserve the footages

SC reserves verdict on pleas of Senthil Balaji, wife against his arrest

The Supreme Court on Wednesday reserved its verdict on pleas of Tamil Nadu minister V Senthil Balaji and his wife Megala challenging the Madras High Court order upholding his arrest in a money laundering case. The arguments heard. Judgement reserved, a bench comprising justices A S Bopanna and M M Sundresh said after Solicitor General Tushar Mehta, appearing for the Enforcement Directorate (ED), and senior advocate Mukul Rohatgi, representing the minister, concluded their submissions. Presenting its arguments, the anti-money laundering agency said it has the requisite power to arrest and interrogate the accused minister in its custody in order to collect evidence and ensure corroboration. On the other hand, Rohatgi, assisted by lawyer Amit Anand Tiwari, said ED has no vested right to interrogate an accused in custody under the Prevention of Money Laundering Act (PMLA). Balaji, who continues to be a minister without portfolio in the Tamil Nadu government even after his arrest on Jun

Supreme Court paves way for auctioning of 50,000 mines in Rajasthan

The Supreme Court on Tuesday paved the way for auctioning 50,000 mines in Rajasthan by setting aside the 2013 verdict of the high court that the leases be granted on the basis of the earlier first come-first serve policy (FCFS). A bench of Justices A S Bopanna and M M Sundresh took note of the submissions of senior advocate Manish Singhvi, appearing for the state government, that the administration was entitled to change the auction policy and the applicants have no vested right to get the lease on the basis of FCFS policy. It is far too settled that there is no right vested over an application made which is pending seeking lease of a Government land or over the minerals beneath the soil in any type of land over which the Government has a vested right and regulatory control. In other words, a mere filing of an application ipso facto (by that very fact or act) does not create any right. The power of the Government to amend, being an independent one, pending applications do not come i

Cheetah deaths at KNP troubling but not unduly alarming: NTCA to SC

The Ministry of Environment and Forests and the National Tiger Conservation Authority (NTCA) have told the Supreme Court the death of five adult cheetahs and three cubs at KNP is troubling but not "unduly alarming", and the surviving big cats are being captured and medically examined as a precautionary measure. Under the Project Cheetah, a total of 20 radio-collared animals were imported from Namibia and South Africa to the Kuno National Park (KNP) in Madhya Pradesh and later four cubs were born from Namibian cheetah 'Jwala'. Out of these 24 feline, eight including three cubs have died. Some cheetahs were reported to have developed infections due to radio collars. The joint affidavit, filed on behalf of the environment ministry and NTCA, said the provisional diagnosis of mortality events points towards "natural causes" and none of the cheetahs have died due to unnatural reasons such as poaching, snaring, poisoning, road hits, electrocution etc. "It is respectfully submitted that the

Complete breakdown of law and order in Manipur, says SC; summons DGP

It also wanted to know how many accused were named in the over 6,000 FIRs registered so far and the steps taken for their arrest

Manipur video: SC asks CBI not to proceed with recording women's statements

The Supreme Court on Tuesday directed the CBI not to proceed with recording the statements during the day of women seen in a video being paraded naked in Manipur, as it is scheduled to hear a batch of petitions on the issue at 2 pm. A bench headed by Chief Justice D Y Chandrachud took note of the submissions by lawyer Nizam Pasha, appearing for the women, that the CBI has asked them to come and depose before it during the day. Solicitor General Tushar Mehta, appearing for the Centre and the Manipur government, said he was not aware of it. "Just ask them (CBI officials) to wait. We are going to take it at 2 pm today," said the bench which also comprised justices J B Pardiwala and Manoj Misra. "I will convey this," Mehta replied. The top court on Monday described as "horrendous" the video of two women being paraded naked in Manipur amid reports that the police handed them over to the rioting mob. It asked searching questions about delayed registration of the FIR and mooted the idea

SC pulls up Manipur Police over Zero FIR: What is it and how does it work?

The goal of a Zero FIR is to save the victim from having to run from pillar to post to file a police report

Manipur video case: Why did police take 14 days to register FIR, asks SC

Supreme Court also asked the Centre as well as the state government to inform what kind of legal aid is being provided to them

SC to hear bail pleas of some convicts in Godhra train burning case Tuesday

The Supreme Court said it will hear on Tuesday the bail pleas of some of the convicts against whom specific allegations were made in the 2002 Godhra train burning case, which plunged Gujarat into a communal conflagration. A bench comprising Chief Justice D Y Chandcrachud and justices J B Pardiwala and Manoj Misra said the pleas will be heard on August 1. We have distributed the cases in four categories. In one group is where death penalties were commuted (into life imprisonment) by the high court. The other is of the convicts who have a specific part to play. We have said non-bail (in the second category). The third one is of the people who had peripheral presence and were part of the mob, the bench said. The fourth category is of those who are old and have been facing some kind of problems, it said, adding there was one convict whose wife had cancer. The bench asked Solicitor General Tushar Mehta, appearing for the Gujarat government, to provide the chart to senior advocate Sanjay

SC calls for evolving process to deal with violence against Manipur women

The Supreme Court on Monday called for evolving a broad mechanism to deal with violence against women in strife-torn Manipur and asked how many FIRs have been registered in such incidents in the state since May. Solicitor General Tushar Mehta, appearing for the Centre, told a bench headed by Chief Justice D Y Chandrachud that the Union of India has no objection if the apex court monitors the investigation into the Manipur violence. The bench, also comprising Justice J B Pardiwala and Justice Manoj Misra, is hearing a batch of petitions concerning the violence in Manipur. At the outset, senior advocate Kapil Sibal, appearing for the two women who were seen in a May 4 video being paraded naked in Manipur, said they have filed a petition in the matter. The hearing in the matter is underway. The apex court on July 20 observed that it was "deeply disturbed" by the video of two women being paraded naked in strife-torn Manipur, saying that using women as instruments for perpetrating viol

SC refuses to entertain PIL seeking SIT probe into Manipur violence

The Supreme Court on Monday refused to entertain a fresh PIL on the Manipur violence seeking among other things a SIT probe into alleged poppy cultivation and narco-terrorism. It asked for a "more specific" petition and said this one was "very difficult" to entertain because it blamed only one community. Senior advocate Madhavi Diwan, appearing for the petitioner Mayanglambam Bobby Meetei, sought to withdraw the plea and was allowed to do so. This petition is very difficult to entertain because it places blame on one community, said the bench comprising Chief Justice D Y Chandcrachud and Justices J B Pardiwala and Manoj Misra. You can come with a more specific petition. This petition has everything from the violence to narcotics to deforestation, the bench said. Diwan referred to cross-border terrorism and poppy cultivation in the state as responsible for the recent violence. The plea made the Narcotics Control Bureau, the National Investigation Agency and the NHRC as well as the .

SC rejects CBI's plea against stay on probe against K'taka Dy CM Shivakumar

The Supreme Court on Monday refused to interfere with the Karnataka High Court's order granting an interim stay on a CBI probe against the state's Deputy Chief Minister D K Shivakumar in a corruption case. A bench of Justice B R Gavai, Justice C T Ravikumar and Justice Sanjay Kumar dismissed the appeal filed by the Central Bureau of Investigation against the February 10 order of the high court in the case. Additional Solicitor General SV Raju said that the division bench of the high court granted an interim stay on the proceedings despite there being an order in favour of the agency. Senior advocate Abhishek Singhvi, appearing for Shivakumar, said the CBI has filed an appeal against an interim order of the high court but refused to challenge subsequent interim orders passed by the division bench of the high court. The Supreme Court bench then said it is not going to interfere and granted the CBI liberty to request the high court for speedy disposal of the case before it. On Februa

Courts must not be hypersensitive in exercising contempt jurisdiction: SC

Courts must not be hypersensitive or swung by emotions while exercising contempt jurisdiction, the Supreme Court has said. A bench of Justices B R Gavai and Sanjay Karol made the observation while setting aside a Calcutta High Court order that had revoked a doctor's license for contempt of court. "The Court has time and again asserted that the contempt jurisdiction enjoyed by the Courts is only for the purpose of upholding the majority of the judicial system that exists. "While exercising this power, the Courts must not be hypersensitive or swung by emotions but must act judiciously," the SC said. The bench said the doctor's license cannot be suspended as penalty in contempt proceedings. "A medical practitioner guilty of contempt of court may also be so for professional misconduct but the same would depend on the gravity/nature of the contemptuous conduct of the person in question. "They are, however, offences separate and distinct from each other. The former is regulated by the

Delhi services bill circulated among MPs before introduction in Parliament

The draft bill to replace the ordinance which mandated the creation of an authority for transfers and postings of senior officers in the Delhi government is ready and has been circulated among the MPs before its introduction in Parliament next week. The Government of National Capital Territory of Delhi (Amendment) Act, 2023 will have the identical provisions for the appointments and postings of the senior officers in the Delhi government like the ordinance promulgated on May 19. According to the bill, all transfer and postings of senior officers in the Delhi government will be done by a three-member committee headed by the Delhi chief minister. The Delhi ordinance was promulgated by the central government a week after the Supreme Court handed over the control of services in Delhi excluding police, public order and land to the elected government, headed by Chief Minister Arvind Kejriwal. "With a view to give effect to the intent and purpose behind the provisions of article 239AA of

Need to maintain balance between development and environment, says SC

The Supreme Court has emphasised the need for maintaining a balance between development and environment, and said it would hear a matter relating to the Shimla Development Plan on August 11. The Himachal Pradesh government notified the draft Shimla Development Plan last month to regulate construction activities there. A plea pertaining to the issue came up for hearing before a bench of Justices B R Gavai and J B Pardiwala on Friday. The bench said it would examine the plan, keeping in view that a balance needs to be maintained between development and environment. It listed the matter for hearing on August 11. The top court was hearing a plea arising out of a November 2017 order of the National Green Tribunal (NGT), which had passed a slew of directions while noting that unplanned and indiscriminate development in the core, non-core, green and rural areas within the Shimla planning area had given rise to serious environmental and ecological concerns. The plan was approved by the .

Mere holding of certain literature would not attract provisions of UAPA: SC

Mere holding of certain literature through which violent acts may be propagated would not attract the provisions of Unlawful Activities (Prevention) Act, the Supreme Court on Friday said as it granted bail to activists Vernon Gonsalves and Arun Ferreira in the Elgar Parishad-Maoist links case. A bench of Justices Aniruddha Bose and Sudhanshu Dhulia said the actual involvement of Gonsalves and Ferreira in any terrorist act has not surfaced from any third-party communications. "Mere holding of certain literatures through which violent acts may be propagated would not ipso facto attract the provisions of Section 15(1)(b) (use of criminal force or the show of criminal force or attempts to do so or cause the death of any public functionary ) of the said Act. "Thus, prima facie, in our opinion, we cannot reasonably come to a finding that any case against the appellants under Section 15(1) (b) of the 1967 Act can be held to be true," the bench said. According to the NIA, various letters a

SC grants bail to Gonsalves, Ferreira in Elgar Parishad-Maoist links case

The Supreme Court on Friday granted bail to activists Vernon Gonsalves and Arun Ferreira in the Elgar Parishad-Maoist links case, noting that they have been in custody for five years. A bench of Justices Aniruddha Bose and Sudhanshu Dhulia said Gonsalves and Ferreira shall not leave Maharashtra and surrender their passports to the police. It also directed the two activists to use one mobile each and let the National Investigation Agency (NIA), which is probing the case, know their addresses. The activists had moved the top court against a Bombay High Court order rejecting their bail pleas. The case pertains to the Elgar Parishad conclave held in Pune on December 31, 2017, which according to the Pune police was funded by Maoists. The inflammatory speeches made there led to violence at the Koregaon-Bhima war memorial in Pune the next day, police had alleged.