Page 197 - Supreme Court

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.

'Ulterior political motives': Oppn slams govt over extension to ED's Mishra

The opposition slammed the BJP-led Centre on Friday over the extension of the tenure of Enforcement Directorate (ED) chief Sanjay Kumar Mishra till September 15, alleging that this was done with "ulterior political motives" and was aimed at targeting the leaders of the INDIA bloc with "false cases" to weaken the alliance. The Supreme Court on Thursday extended Mishra's tenure till the midnight of September 15 in larger "public and national interest", after the Centre asserted that his continuity is necessary in view of the ongoing FATF peer review and attempts by India's neighbours to ensure that the country gets into the "grey" list. The top court, which initially made a sharp observation and asked "are we not giving a picture that there is no other person and the entire department is full of incompetent people", subsequently relented and accepted the Centre's request for extending Mishra's tenure, but for a month less than what was sought. Addressing a joint press conference outsi

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S K Mishra to continue as Enforcement Directorate chief till Sept 15: SC

The order comes after the government had filed an appeal for an extension of the deadline till October 15

Plea on Manipur violence: SC asks petitioner to mention it before CJI

The Supreme Court on Thursday asked a petitioner, who has sought the constitution of an independent committee under a retired apex court judge to inquire into the incidents of sexual assault and violence in Manipur, to mention his plea for listing before a bench headed by Chief Justice D Y Chandrachud. The matter was mentioned for listing before a bench of Justices S K Kaul and Sudhanshu Dhulia. CJI Chandrachud is not holding court on Thursday. Advocate Vishal Tiwari, who has filed the petition, told the bench that pending pleas raising the issue concerning Manipur violence are listed for hearing on Friday. He requested that his plea be also listed for a hearing on Friday along with the connected matter. "Why one more (plea) is required for this purpose?" the bench said, adding, that the top court is already seized of the pleas on the issue. "Everybody around the country wants to have a say in that," it observed, adding, "Mention tomorrow before the chief (CJI)." In his plea, Tiw

Reinstate 169 workers with full back wages: Supreme Court tells Jet Airways

Jet Airways, once India's largest private airline, ceased operations in April 2019, unable to meet its financial obligations

Kapil Sibal to appear for DPAP during hearings on Article 370 in SC

Senior lawyer Kapil Sibal will appear on behalf of the DPAP during hearing on a batch of petitions challenging the abrogation of Article 370 in the Supreme Court, the Ghulam Nabi Azad-led party said on Wednesday. The Supreme Court will commence day-to-day hearing from August 2 on a batch of petitions challenging the abrogation of Article 370 that bestowed special status on the erstwhile state of Jammu and Kashmir. A five-judge Constitution bench headed by Chief Justice DY Chandrachud fixed July 27 as the deadline for filing of written submissions and convenience compilations by different parties. "We requested senior lawyer Kapil Sibal to appear for the hearings on Article 370 and he has graciously agreed," said Salman Nizami, the chief spokesperson of the Democratic Progressive Azad Party (DPAP). "Nothing has changed after the revocation of Article 370. Kudos to Ghulam Nabi Azad for his unwavering dedication in raising this important issue," he added. In 2019, the Centre stripped

SC 'amazed' at order passed by Allahabad HC, calls it self-contradictory

From Gyanvapi to ED director Sanjay Kumar Mishra's tenure, here are important developments from the apex court on Wednesday

Centre moves SC seeking extension of tenure for ED chief SK Mishra

In a judgement earlier this month, the Supreme Court had dubbed the extension of ED chief Sanjay Kumar Mishra as illegal

Supreme Court revives Gyanvapi panel plea, explains ASI survey stay

While granting the stay on the interim plea, the Supreme Court accidentally disposed of the main case on July 24

SC revives Gyanvapi panel plea disposed of while staying ASI survey

The Supreme Court on Wednesday revived a plea by the Gyanvapi panel that it had inadvertently disposed of on July 24 while staying an Archaeological Survey of India (ASI) survey on the mosque premises to determine if it was built upon a temple. A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra took note of the submissions of senior advocate Huzefa Ahmadi, appearing for the Committee of Management Anjuman Intezamia of the Gyanvapi mosque, that instead of its interim plea seeking halting of the ASI work, the main plea was disposed of by the court on the last date of hearing. Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government and the ASI, said that he has no objection to the revival of the special leave petition of the mosque committee. In the main plea, the mosque committee had sought dismissal of the lawsuit of the Hindu party in the Varanasi district court under order VII Rule 11(c) of the Civil Procedure Code for ...

Supreme Court gives SpiceJet more time to pay dues to Credit Suisse

In 2011, the airline company had entered into a 10-year contract with a Swiss maintenance firm SRT Technics for the servicing of its aircraft

AG writes to Centre on setting panel to examine hanging death row convicts

From ED's opposition to Preeti Chandra's bail to plea for urgent hearing on SIMI, here's what happened in the Supreme Court today

CIC verdict can't be referred to bring political parties under RTI: Centre

An order of the Central Information Commission (CIC) cannot be used to seek a writ from the Supreme Court to bring recognised political parties under the ambit of the Right to Information (RTI) Act, the Centre told the apex court on Tuesday. Solicitor General Tushar Mehta made the submission while appearing for the central government before a bench headed by Chief Justice D Y Chandrachud, which is hearing two PILs seeking a direction to bring political parties under the transparency law. The CIC order cannot be used to seek a writ of mandamus (a judicial order to the government to fulfil official duties) to bring political parties under the RTI, the law officer told the bench, which also comprised Justices J B Pardiwala and Manoj Misra. Meanwhile, the Communist Party of India (Marxist), represented by lawyer P V Dinesh, said the party has no objection to RTI with regard to ensuring financial transparency. But there cannot be requests (under RTI) on why a candidate has been selecte

SC puts Gyanvapi survey on hold, refuses to stay Assam delimitation

Several important matters were taken up for hearing by the Supreme Court today. Here's a list of them