Page 2 - Supreme Court

SC flags 'grim' delays in NCLT clearing insolvency resolution plans

The Supreme Court has taken suo motu cognisance of delays in NCLT approvals, warning that prolonged timelines could undermine the objectives of the Insolvency and Bankruptcy Code

SC flags limits of reform, says courts cannot 'annihilate religion'

The Supreme Court said judicial reform has limits in matters of faith, warning against dismantling religion while hearing the Sabarimala reference before a nine-judge Bench

SC says existing laws sufficient on hate speech, declines fresh directions

The Supreme Court has ruled that existing criminal laws are adequate to address hate speech, declining to issue fresh directions while leaving scope for legislative action

Odisha proposes up to seven-year jail term for hate speech offences

Odisha plans a new law to curb hate speech and hate crimes, with provisions for up to seven years' imprisonment despite the Supreme Court saying existing laws are adequate

How a non-believer in North India claim entry right in Sabarimala: SC

How can a non-believer in North India claim the right of entry to the temple in Sabarimala? The Supreme Court questioned on Wednesday and said that while deciding the issue regarding the right to enter temples, it has to examine whether a devotee or a non-devotee is claiming that right. The observation of a nine-judge Constitution bench came while hearing petitions related to discrimination against women at religious places, including the Sabarimala temple in Kerala, and on the ambit and scope of the religious freedom practised by multiple faiths. The bench comprised Chief Justice of India (CJI) Surya Kant and Justices B V Nagarathna, M M Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B Varale, R Mahadevan and Joymalya Bagchi. Senior advocate Indira Jaising, appearing for two women named Bindu Ammini and Kanakadurga, who are supporting the 2018 judgement, submitted that one of the petitioners is a scheduled caste woman and stopping her from visiting

No legislative vacuum, existing laws sufficient to tackle hate speeches: SC

The Supreme Court on Wednesday said that existing laws are sufficient to deal with the issue of hate speeches and no "legislative vacuum" exists warranting intervention. A bench of Justices Vikram Nath and Sandeep Mehta said that creation of criminal offences and the prescription of punishments lies squarely within the legislative domain. "The Constitutional scheme founded upon the doctrine of separation of powers does not permit the judiciary to create new offences or expand the contours of criminal liability through judicial directions," Justice Nath said while pronouncing the verdict. While declining to issue directions as sought in the petitions, the bench referred to the existing criminal law and said it deals with the offence of hate speech also. "The precedents of this court consistently affirm that while Constitutional courts may interpret the law and issue directions to secure the enforcement of fundamental rights, they cannot legislate or compel legislation," the bench ..

Reliance Infratel insolvency: SC court restores lenders' creditor status

Top court rules corporate guarantees qualify as financial debt under IBC, directs reconstitution of creditors' panel in Reliance Infratel insolvency case

SC upholds arbitral award in Aakash dispute, rejects Paramount's plea

Top court declines to interfere with Delhi High Court ruling affirming arbitral award directing Paramount Learning to pay dues to Aakash Educational Services

Right to manage religious bodies cannot mean anarchy: SC in Sabarimala case

Observing that there cannot be anarchy, the Supreme Court on Tuesday said the right to manage a religious institution cannot mean absence of structure and there has to be a modality and norms devised for its functioning. The observation by a nine-judge Constitution bench came while hearing petitions related to discrimination against women at religious places, including the Sabarimala Temple in Kerala, and on the ambit and scope of religious freedom practised by multiple faiths. The bench comprised Chief Justice Surya Kant and Justices B V Nagarathna, M M Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B Varale, R Mahadevan, and Joymalya Bagchi. Advocate Nizam Pasha, appearing for Peerzada Syed Altamash Nizami, direct ancestral descendent in Chisti Nizami lineage associated with dargah of Hazrat Khwaja Nizamuddin Aulia, submitted that a dargah is a place where a saint is buried. "Within Islam, there are differing views regarding the status of saints .

Sunjay Kapur estate case: SC urges Rani Kapur, Priya Kapur to mediate

Supreme Court urges mediation in the Sona Group trust dispute between Rani Kapur and Priya Kapur, cautioning against prolonged litigation involving an elderly litigant

Gurugram demolition drive: SC rejects plea, asks petitioners to approach HC

The Supreme Court on Monday refused to entertain a petition against the ongoing demolition drive in Gurugram, and asked the petitioners to approach the Punjab and Haryana High Court. A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi disposed of the plea, granting liberty to the petitioners to make an urgent mentioning before the high court during the course of the day. The bench requested the high court's chief justice to entertain the mentioning either at 1 PM or immediately after lunch at 1.45 pm. Senior advocate Gopal Sankaranarayanan, appearing for the petitioners, argued before the bench that the local authorities have been carrying out the demolition drive without issuing show-cause notices to the residents by misconstruing an interim order of the high court. The bench observed that if the high court's interim order was allegedly being misconstrued by the authorities, then the petitioners should approach the high court. "If the high court, in its constitutional

SC asks states, UTs to prepare action plan to implement guidelines for ICU

The Supreme Court has asked all the states and Union Territories to prepare a "realistic and practical" action plan to implement the guidelines necessary as a minimum standard for intensive care units. The apex court was informed that "Guidelines for Organisation and Delivery of Intensive Care Services", on which there is consensus and which is practical, implementable and necessary as a minimum standard for an ICU, has been prepared. A bench of Justices Ahsanuddin Amanullah and R Mahadevan said copies of the guidelines should be shared with all the states and UTs. "Moving further, as an immediate measure, let all the additional chief secretaries/secretaries ... heading the department of health and medical education in the states and the UTs, convene a meeting of all experts involved in this exercise to prepare an action plan for implementation of the guidelines. Such a plan shall be realistic and practical," the bench said in its April 20 order. The top court was hearing a matter

Former judges are reservoir of wisdom that can guide system: CJI Surya Kant

Chief Justice of India Justice Surya Kant on Saturday said the judiciary and its allied institutions enjoy deep public trust and it is their responsibility to preserve and strengthen this faith. Addressing a programme organised by the Association of Retired Judges (Rajasthan Chapter) here, he likened former judges to 'baoris' (stepwells), describing them as a reservoir of wisdom that can guide the system during challenging times. "Just as stepwells store water during the rains and serve people in times of scarcity, retired judges are a valuable resource for us. In situations of difficulty -- be it in Lok Adalats, arbitration or advisory roles -- we look up to these experienced judges for guidance on what is right and what is not," he said. Justice Surya Kant laid emphasis on the need for greater awareness and proactive functioning within the judiciary and related bodies, including the National Legal Services Authority and state legal services authorities. He said that former judges

Supreme Court upholds CCI's power to close cases without hearing informant

Supreme Court affirms CCI's authority to close cases at the initial stage without notifying or hearing informants under Section 26(2) of the Competition Act

No court can force minor to carry pregnancy against her will, says SC

Observing that no court can force a woman, especially a minor, to carry a pregnancy against her will, the Supreme Court on Friday allowed a 15-year old girl to medically terminate her over seven-month pregnancy. A bench of Justices BV Nagarathna and Ujjal Bhuyan said the choice of the pregnant woman is relevant rather than that of the child to be born and stressed that continuation of such a pregnancy could have long lasting repercussions on the minor's mental health, educational prospects, social standing and overall development. The top court remarked that the reproductive autonomy of a woman must be accorded the highest importance and if a woman, carrying an unwanted pregnancy, is compelled to continue it then her constitutional rights would be breached. "The right to make decisions concerning one's body particularly in matters of reproduction is an integral facet of personal liberty and privacy under Article 21 of the Constitution. The right cannot be rendered ineffective by ..

West Bengal CM Mamata Banerjee alleges 'politicisation' of SC proceedings

ED tells Supreme Court it is not suggesting constitutional breakdown in West Bengal, as Mamata Banerjee raises concerns over politicisation of proceedings during elections

Gatekeeping professions: Fit-and-proper tests must be principled and fair

The fit-and-proper test is neither novel nor uniquely Indian

SC says LOC not confidential, seeks SOP from CBI on issuance norms

Supreme Court questioned lack of transparency in Look-Out Circulars and asked the CBI to frame a standard operating procedure to ensure due process and safeguards

SBI moves SC seeking review of spectrum ruling, cites IBC misread

SBI seeks Supreme Court review of spectrum ruling, warning it may undermine lender rights and disrupt financing across telecom and other regulated sectors

Will Constitution not rescue believer barred from touching deity: SC

The Supreme Court on Tuesday asked the chief priest of the Sabarimala Ayyappa Temple if the Constitution will not come to the rescue of a believer who is not allowed to touch the deity. The remark by the top court came after the chief priest said that when a devotee goes to a temple for worship, it can't be in antagonism to the characteristics of a deity. The nine-judge Constitution bench is hearing petitions related to discrimination against women at religious places, including the Sabarimala Temple in Kerala, and on the ambit and scope of the religious freedom practised by multiple faiths. The bench comprises Chief Justice Surya Kant and justices B V Nagarathna, M M Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B Varale, R Mahadevan, and Joymalya Bagchi. Appearing for the 'thantri', senior advocate V Giri submitted that the nature of ceremonies and rituals followed in any temple forms the integral part of the religion and therefore is a religious