Page 200 - Supreme Court

SC seeks EC reply in 3 weeks on NGO's plea for cross verification of EVMs

The Supreme Court on Monday sought the response of the Election Commission of India to a plea by an NGO seeking cross verification by the voters of votes cast by them as "counted as recorded" in the Electronic Voting Machines (EVMs) with Voter Verifiable Paper Audit Trail (VVPAT). A bench of Justices Sanjiv Khanna and Bela M Trivedi said it is not issuing notice to the Election Commission but only asking for a copy of the petition filed by NGO 'Association for Democratic Reforms' (ADR) to be served upon the standing counsel of the poll panel. The bench asked the EC to file its reply within three weeks. "We think that it appears to be a case of over suspicion. We sometimes tend to be overly suspicious on certain matters. We are sure that they (EC) might have taken steps to rectify any such problems, if they existed. Therefore, we are not issuing notice and only asking for the copy to be served," the bench told advocate Prashant Bhushan, who appeared for the NGO. Bhushan said he too

SC grants anticipatory bail to Umar Ansari in evacuee property case

The Supreme Court on Monday granted anticipatory bail to jailed gangster-turned-politician Mukhtar Ansari's son Umar Ansari in an evacuee property case. A bench of Justices A S Bopanna and M M Sundresh issued notice to the Uttar Pradesh government on his plea challenging an order of the Allahabad High Court. The high court on April 13 had dismissed Umar's plea seeking anticipatory bail.It had also dismissed a plea of Mukhtar Ansari's other son Abbas Ansari, an SBSP MLA, seeking quashing of the charge sheet in the same case. It passed the orders on two petitions moved independently by the two brothers. It was pleaded on behalf of the Ansari brothers that mutation of the property was in the name of their forefathers before their birth and hence, no offence was made out against them. The state counsel had opposed the plea, arguing that the duo was also accused of forging the signature of their grandmother and hence, a clear offence was made out against them. The FIR in the case was

Rahul moves SC against HC's refusal to stay conviction in defamation case

Congress leader Rahul Gandhi moved the Supreme Court on Saturday challenging the Gujarat High Court's July 7 order which dismissed his plea seeking a stay on his conviction in a defamation case over his "Modi surname" remark. The appeal has been filed by Gandhi through advocate on record Prasanna S. Gandhi was disqualified as a Member of Parliament on March 24, 2023 after a Gujarat court convicted him and sentenced him to a two-year imprisonment on charges of criminal defamation for comments he made about the Modi surname. In a setback to 53-year-old Gandhi, the high court on July 7 dismissed Gandhi's plea for a stay on his conviction, observing that "purity in politics" is the need of the hour. A stay on Gandhi's conviction could pave the way for his reinstatement as a Lok Sabha MP. However, he has not received any relief from either the sessions court or the Gujarat High Court. In his verdict, Justice Hemant Prachchhak also noted that representatives of people should be "men of

Laws on preventive detention are harsh, procedure needs to be adhered: SC

Laws on preventive detention are necessarily harsh, curtail the personal liberty of an individual who is kept behind bars without trial and so the procedure prescribed should be strictly adhered to, the Supreme Court has said while ordering the release of a man whose detention was extended twice without the authorities considering his representation. A bench of Justices Aniruddha Bose and Sudhanshu Dhulia set aside an order of the Jharkhand High Court upholding the detention of Prakash Chandra Yadav alias Mungeri Yadav, who was declared an 'anti-social element' under the Jharkhand Control of Crimes Act, 2002. The bench, in its order dated July 10, held the procedure of law was not followed, and ordered Yadav's release from Rajmahal prison in Jharkhand's Sahibganj district. "All laws on preventive detention are necessarily harsh. They curtail personal liberty of an individual, who is kept behind bars without any trial. In such cases, procedure is all a detenue has. Laws of preventiv

SC Collegium recommends 3 names as judges for HC of Himachal Pradesh

Judicial Officer Rakesh Kainthla has also been recommended as a judge of the HC of Himachal, according to an order issued by the SC Collegium

Gurgaon residents file plea in SC against jungle safari park in Aravallis

The petitioners said the activities within the Aravalli Hills will harm the ecology and also destroy the wildlife and its habitat in the mountain range

Android case: SC to decide Google-CCI appeals against NCLAT on Oct 10

NCLAT had, on March 29, upheld Rs 1,337.76 cr penalty on tech giant for misusing its dominant position in Android mobile device ecosystem; CJI-led bench asks all parties to file submissions by Oct 3

SC notice should expedite process of disqualification of rebel MLAs: Sena

The Supreme Court's notice to Maharashtra legislative assembly Speaker Rahul Narwekar should now expedite the process of disqualification of 16 MLAs who rebelled against Uddhav Thackeray, said Sunil Prabhu, chief whip of the undivided Shiv Sena, on Friday. Earlier in the day, an apex court bench headed by Chief Justice D Y Chandrachud sought response from the office of the Speaker on Prabhu's plea seeking a direction to expeditiously adjudicate the disqualification petitions filed against Chief Minister Eknath Shinde and other Sena MLAs. The Supreme Court notice to the Speaker should now expedite the process of disqualification of 16 MLAs, Prabhu told PTI. He claimed that the court has asked the Speaker the reasons behind the delay in giving a decision on the disqualification pleas. On Prabhu's plea, the Supreme Court (SC) bench on Friday said, We will issue notice returnable in two weeks. In his capacity as the chief whip of the undivided Shiv Sena, Prabhu had filed the ...

Android mobile device case: SC to hear pleas of Google, CCI on October 10

The Supreme Court on Friday said it will hear on October 10 the cross-pleas of Google and the Competition Commission of India (CCI) challenging the verdict of an appellate tribunal in a case related to Google's alleged anti-competitive practices in the android mobile device case. A bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha and Manoj Misra took up the appeals and said it wanted some time to get ready with the case. Senior advocate Harish Salve, appearing for one of the parties, said the plea may be kept for final disposal later. The bench then said that the cross-pleas can be listed for final disposal on October 10 and the parties shall complete filing of pleadings by October 7. It also appointed lawyer Sameer Bansal as the nodal counsel for preparing common digital pleadings with the help of lawyers from both sides for easy adjudication of the matter. On March 29, the National Company Law Appellate Tribunal (NCLAT) had handed out a mixed verdict on

Delhi liquor case: ED, CBI responses sought on Sisodia's interim bail pleas

The Supreme Court on Friday sought responses of the CBI and the ED by July 28 on interim bail pleas of AAP leader Manish Sisodia in the Delhi excise policy case. A bench of Justices Sanjiv Khanna, Bela M Trivedi and Ujjal Bhuyan took into consideration the submission of senior advocate Abhishek Singhvi, appearing for Sisodia, that his wife is suffering from an extreme medical condition and is hospitalised. The bench said it will consider the interim bail application and for that it is seeking response of the CBI and the ED. At the outset, the bench said that normally the court does not interfere with policy decisions but here is a case of making of policy for extraneous reasons. Additional Solicitor General S V Raju, appearing for the CBI and the ED, said interim bail application was also rejected by the trial court. The bench, however, asked Raju to file response on behalf of investigating agencies. On July 10, a bench headed by Chief Justice D Y Chandrachud had agreed to hear t

Authorities can't permit pavement to be used except for walking: SC

The Supreme Court said on Thursday the Delhi Development Authority (DDA) and other bodies concerned cannot permit the pavement abutting a metro train depot to be used for a purpose other than allowing people to walk. The apex court, which took note of the photographs of a metro depot while adjudicating a matter related to land acquisition, observed that a part of pavement abutting the facility has been occupied by a 'car clinic' and other vendors. The depot stands on land acquired by a private person. "A citizen has lost his valuable property by way of compulsory acquisition. The compulsory acquisition has been made for a public purpose and therefore, the appellant (DDA) and all the concerned authorities cannot allow the pavement to be used for any purpose except for allowing people to walk," a bench of Justices A S Oka and Sanjay Karol said in its verdict. The bench expressed hope and trust that either the DDA will take immediate action or call upon the authorities empowered to do

Centre appoints Justices Ujjal Bhuyan, SV Bhatti as Supreme Court judges

The Collegium in its resolution said that it resolves to recommend the appointments of Justice Ujjal Bhuyan, and Justice S Venkatanarayana Bhatti by following the order of seniority

SC refuses urgent mentioning against HC's summon to Adipurush makers

From Umar Khalid's bail plea to Rahul Gandhi's conviction in defamation case, here are key developments in the Supreme Court and Delhi's High court on July 12

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HC seeks Centre response on whereabouts of missing media person in Kenya

The Delhi High Court Wednesday sought the response of the Centre on a woman's plea claiming her brother and media professional Zulfiqar Ahmad Khan was missing since last year and detained in Kenya. She said she was not in a position to contact him. Justice Subramonium Prasad issued notice to the Ministries of External Affairs and Home Affairs on the petition, and asked them to file a status report within two weeks. The high court listed the matter for further hearing in August. Khan, 49, who went missing in Kenya in July last year, was the ex-COO (chief operating officer) of Balaji Telefilms and had worked with Eros, Star TV India and Warner Brothers, according to the petition. Petitioner Anis Fatima Zachariah said her brother had travelled to Kenya on tourist visa on June 24, 2022 and on July 22 last year, Khan and his friend were around the Westlands, Ole Sereni when some people claiming to be police officers "unlawfully and arbitrarily" intercepted their vehicle and hijacked it.

J&K's Article 370 returns to Supreme Court after 3 years

A clutch of petitions challenging the scrapping of Article 370, which gave special status to J&K, have been taken up by the Supreme Court after a gap of over 3 years. Watch the video to know more

Delhi riots: SC to hear Umar Khalid's plea for bail in UAPA case on July 24

The Supreme Court on Wednesday said it would hear on July 24 a plea by former JNU student Umar Khalid seeking bail in a UAPA case related to the alleged conspiracy behind the riots here in February 2020. The Delhi Police sought time to respond to the petition during the hearing before a bench of Justices A S Bopanna and M M Sundresh. Advocate Rajat Nair, appearing for the Delhi Police, urged the bench to grant him some time to file a counter affidavit in the matter. "In a bail matter, what counter is to be filed. The man is inside for two years and 10 months," said senior advocate Kapil Sibal, representing Khalid. Nair said he is praying for a short time to file counter in the matter. "The charge sheet is voluminous. It runs into thousands of pages," he said, while requesting the bench to grant them some "reasonable time". "It should have been ready today," the bench observed and posted the matter for hearing on July 24. On May 18, the apex court had sought response of the Delhi

SC refuses urgent mentioning of plea in summoning of Adipurush makers

The Supreme Court on Wednesday refused to hear the urgent mentioning of a plea against an order of the Allahabad High Court, which had directed the makers of the controversial movie "Adipurush" to appear before it on July 27. "Adipurush", a retelling of the epic Ramayana, has come under attack for its dialogues and use of colloquial language. A bench headed by Chief Justice D Y Chandrachud asked the counsel appearing for the makers of the movie to mention it on Thursday. The high court on June 30 had directed the makers of the movie to appear before it on July 27 and told the central government to form a committee to give its views on the film. It was hearing separate petitions of Kuldeep Tiwari and Naveen Dhawan seeking a ban on the movie. The high court had ordered director Om Raut, producer Bhushan Kumar, and dialogue writer Manoj Muntashir to appear before it on July 27. It has also directed the central government to constitute a five-member committee to give its view on the f

SC adjourns Adani-Hindenburg case to Aug 14, the Sebi probe deadline

Senior Advocate Prashant Bhushan, who represents one of the petitioners in the case, says no chance of Sebi proceeding anywhere with probe as "They have done things fatal to the investigation"

SC asks Centre, Manipur govt to ensure safety of citizens amid violence

The Supreme Court Tuesday asked the Centre and the Manipur government to take steps to ensure the safety of the citizens in the ethnic violence-riven state besides ordering disbursement of funds for reconstruction of villages and places of worship. The top court also took note of the submissions about objectionable public utterances by some groups and individuals. We request all parties to maintain equilibrium in their speeches and steer clear of any sort of hate speech, the court said. Observing that law and order fell within the executive domain, a bench headed by Chief Justice D Y Chandrachud said it cannot direct as to where the Army and the central armed police forces have to be deployed. The bench, also comprising justices P S Narasimha and Manoj Misra, however, ordered sufficient arrangements to be made to ensure the protection of the citizens and private and public property in the state. We are of the view that it will not be appropriate for this court in exercise of judic