Page 203 - Supreme Court

Cong to move SC against HC order on Rahul's conviction in defamation case

The Congress on Friday said it would move an appeal before the Supreme Court challenging the Gujarat High Court order dismissing party leader Rahul Gandhi's plea seeking a stay on his conviction in a criminal defamation case over his "Modi surname" remark. AICC general secretary (organisation) K C Venugopal said, "There is one more option before us... the Supreme Court. Let's see. The Congress party will seek that option too". Venugopal said this while addressing a party programme organised in Kozhikode district of northern Kerala. His statement came soon after the Gujarat High Court dismissed Gandhi's plea, upholding the order of the lower court, describing it as "just, proper and legal". A stay of the conviction would have paved the way for Gandhi's reinstatement as a Member of Parliament. A metropolitan magistrate's court in Surat on March 23 sentenced Gandhi to two years in jail after convicting him under Indian Penal Code (IPC) sections 499 and 500 (criminal defamation) in a

SC gives life sentence without remission to 4 convicts in 1996 Lajpat blast

Nearly 27 years after 13 people were killed and 38 injured in a bomb explosion at a bustling Lajpat Nagar market here, the Supreme Court Thursday handed down life sentence to four convicts for the remainder of their lives without remission, saying they executed an international conspiracy to destabilise India by carrying out the blast. The top court, which dwelt in detail on the severity of the offence, however, did not agree with the vehement plea of the prosecution that the convicts be awarded the death penalty for snuffing out innocent lives in the blast on May 21, 1996. The bench comprising Justices B R Gavai, Vikram Nath and Sanjay Karol, in its 190-page judgement, spared the four convicts -- Mohd Naushad, Mirza Nissar Hussain alias Naza, Mohd Ali Bhatt alias Killey and Javed Ahmed Khan -- the gallows on the ground of delay. It said though the offence falls within the category of rarest of rare cases, the delay of 27 years in all and 14 years in the trial court in deciding the

Excise policy scam: Sisodia moves SC seeking bail in CBI, ED cases

Aam Aadmi Party (AAP) leader Manish Sisodia on Thursday moved the Supreme Court seeking bail in the CBI and ED cases arising out of the alleged Delhi excise policy scam. He has moved the apex court challenging the two orders of the Delhi High Court which had dismissed his separate bail petitions in these cases. Sisodia, who also held the excise portfolio among many that he handled as the deputy chief minister of Delhi, was first arrested by the CBI on February 26 for his alleged role in the "scam", and has been in custody since then. He resigned from the Delhi cabinet on February 28. The high court had on May 30 denied bail to him in the excise policy scam case being probed by the CBI, saying having been the deputy chief minister and excise minister, he is a "high-profile" person who has the potential to influence the witnesses. On July 3, the high court had declined him bail in a money laundering case linked to alleged irregularities in the city government's excise policy, holding

SC dismisses plea by 2 residents against internet shutdown in Manipur

The Supreme Court on Thursday refused to entertain a plea by two Manipur residents against repeated internet shutdowns in the state rocked by ethnic violence and gave them the liberty to approach the high court on the matter. A bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha and Manoj Misra noted that a division bench of the Manipur High Court is already seized of the matter in which an expert committee was formed and directed to examine whether internet could be restored in the state. Advocate Shadan Farasat, appearing for the petitioners, submitted that the matter concerned the internet ban in Manipur. "At this stage, faced with the fact that a petition under Article 226 is pending before the high court, Mr Farasat seeks permission to withdraw and intervene in a pending matter or file an independent petition before HC. We grant him permission to do so leaving all rights and contentions open," the bench said. The top court was hearing a plea filed by ...

Ordinance on services: SC to hear on July 10 plea filed by Delhi govt

The Supreme Court on Thursday agreed to hear on July 10 a plea filed by the Delhi government challenging the constitutionality of the ordinance on control of services. A bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha and Manoj Misra posted the matter for consideration after senior advocate Abhishek Singhvi mentioned the matter seeking urgent hearing. "This is a plea challenging the ordinance in whole," Singhvi said. The bench then said, "List on July 10, Monday." In its plea, the AAP government has said it is an "unconstitutional exercise of executive fiat" that attempts to "override" the top court and the basic structure of the Constitution. Besides quashing the ordinance, the Delhi government has also sought an interim stay on it. The Centre had on May 19 promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, to create an authority for transfer and posting of Group-A officers in Delhi. The Aam Aadmi Party (AAP)

SC seeks Videocon group founder Venugopal Dhoot's response on CBI plea

Dhoot was arrested by the Central Bureau of Investigation (CBI) on December 26, 2022, and was granted interim bail by the Bombay High Court on January 20

SC Collegium recommends 7 judges as chief justices for various high courts

The Collegium recommended the names for the High Courts of Bombay, Gujarat, Telangana, Andhra Pradesh, Manipur, Orissa and Kerala

SC refuses PIL seeking to bring 'Arikkomban' back to natural habitat

From granting bail to Setalvad to refusing PIL seeking to bring 'Arikkomban' back to its natural habitat, here's what all happened in the Supreme Court today

LIVE: Sharad Pawar calls NCP's National Executive meeting in Delhi tomorrow

Catch all the latest LIVE updates from across the globe

GST Council to discuss scope of budgetary support for units in hilly states

The 50th GST Council meeting is scheduled to take place on July 11 in New Delhi

M3M case: Salve seeks SC intervention in curbing ED's 'drastic powers'

M3M money laundering case: Representing a real estate firm, senior advocate Harish Salve said that no one will be safe in India unless the ED's drastic powers are reined in

SC extends Teesta Setalvad's interim protection, next hearing on July 19

The Supreme Court on Wednesday extended interim protection from arrest to activist Teesta Setalvad in a case linked to the 2002 post-Godhra riots. The next hearing will be on July 19. A bench of Justices B R Gavai, A S Bopanna and Dipankar Datta issued notice to the Gujarat government on the appeal filed by Setalvad against the Gujarat high court order. At the outset, Additional Solicitor General SV Raju sought time from the top court, saying he needs time to translate documents. The bench agreed to his request and posted the matter for hearing on July 19. The apex court on July 1 protected Setalvad from arrest and stayed for a week the high court order rejecting her plea for regular bail and asking her to surrender immediately in a case of alleged fabrication of evidence to frame innocent people in the post-Godhra riot cases.

SC seeks response of govt on PIL alleging vacancies in industrial tribunals

The Supreme Court on Wednesday sought response of the Centre on a PIL seeking directions for filling up vacancies in the Central Government Industrial Tribunal-cum-Labour Courts (CGIT-cum-LCs). A bench comprising Chief justice D Y Chandrachud and Justices P S Narasimha and Manoj Misra took note of the plea of Labour Law Association (LLA) that out of 22 tribunals, nine do not have presiding officers and vacancies are likely to arise in 2023 in three more tribunals. The lawyer for the association said one of the presiding officers of a tribunal is set to demit office on Wednesday. While issuing notice to the Ministry of Labour and Employment, the bench said, Why you have come to us so late. The Officer is retiring on July 5. List (the petition) on Monday. Serve (the copy of the petition) on Additional Solicitor General (ASG) Balbir Singh. We cannot pass an ex-parte order extending tenure of a judge. The CJI said that on the administrative side, he had perhaps nominated a Supreme Cou

Why didn't you study? CJI asks student as SC junks PIL on male pronouns

From condemning "abuse of process" to examining the Centre's ordinance for Delhi, here's what Supreme Court dealt with today

SC orders deferment of oath taking of chairperson designate of DERC

The Supreme Court Tuesday ordered deferment of the oath taking of Justice (retd) Umesh Kumar as the chairperson of the DERC and said it will examine the constitutional validity of a provision of the Centre's recent ordinance governing appointments such as that of the chief of the national capital's electricity regulatory authority. It also took on record the Delhi government's statement about deferring the oath taking ceremony of Justice Kumar, whose appointment has become yet another flashpoint in the turf war between the city's AAP government and the Centre. A bench of Chief Justice D Y Chandrachud and Justice P S Narasimha said it wanted to deal with the plea challenging the Centre's notification appointing Justice Kumar as the Delhi Electricity Regulatory Commission (DERC) chairperson in a "non-controversial" manner on July 11 and so the administration of oath to him be deferred. Dr Abhishek Manu Singhvi, senior counsel appearing on behalf of the petitioner (Delhi government) ..

Azad welcomes SC decision to hear plea challenging abrogation of Art 370

Democratic Progressive Azad Party (DPAP) chief Ghulam Nabi Azad on Tuesday welcomed the Supreme Court's recent announcement that it will hear a batch of petitions challenging the abrogation of Article 370 of the Constitution on July 11. Nearly four years after the government abrogated the provisions of Article 370 that bestowed a special status on the erstwhile state of Jammu and Kashmir, a five-judge Constitution bench headed by Chief Justice of India D Y Chandrachud will take up a batch of pleas challenging the decision for hearing on July 11. Azad highlighted the significance of the top court's attention to these petitions, emphasising his optimism for a favourable outcome. "After a long time, the Supreme Court has taken note of the petitions challenging the abrogation of Article 370. I am hopeful about a positive outcome as I aspire for the restoration of full rights, which got annulled following the abrogation on August 5, 2019," the former Jammu and Kashmir chief minister ...

Administration of oath to Justice Umesh Kumar as DERC chairman deferred: SC

The Supreme Court on Monday deferred the oath taking ceremony of DERC chairperson-designate Justice (retd) Umesh Kumar and sought responses from the Centre and the office of the Lieutenant Governor on a plea of the Delhi government challenging the law governing such an appointment. The administering of oath to the former judge of Allahabad High Court (as DERC chairperson) stands deferred, said a bench comprising Chief justice D Y Chandrachud and Justice P S Narasimha. The top court also issued notices to the Centre and the office of the LG on the plea which also challenged the notification issued by the Ministry of Home Affairs appointing Justice Kumar as the DERC (Delhi Electricity Regulatory Commission) chairperson. The court has now fixed the plea of the Delhi government for hearing on July 11 and asked the Centre and others to file their responses to the petition a day before. On July 3, Lieutenant Governor V K Saxena had advised Chief Minister Arvind Kejriwal to complete the o

Mehbooba welcomes SC listing petitions challenging Article 370 abrogation

PDP chief and former Jammu and Kashmir chief minister Mehbooba Mufti on Monday welcomed the Supreme Court's decision to list for hearing petitions challenging the abrogation of Article 370. "Welcome Hon'ble SC's decision to finally hear petitions pending since 2019 challenging the illegal abrogation of Article 370. I hope justice is upheld and delivered for the people of Jammu and Kashmir. "The SC ruling on Article 370 maintained that the provision can be abrogated only on the recommendation of the Jammu and Kashmir Constituent Assembly," Mehbooba said in a tweet. Nearly four years after the government abrogated Article 370 that bestowed special status on the erstwhile state of Jammu and Kashmir, a five-judge constitution bench headed by Chief Justice of India DY Chandrachud will take up for hearing on July 11 a batch of pleas challenging the decision. According to a notice issued on the apex court website on Monday, the five-judge bench will take up the pleas for passing ...

Supreme Court quashes PIL for setting up of 'National Commission for Men'

Several important matters were taken up for hearing by the Supreme Court on Monday

SC issues notice to Centre over provisions of insolvency & bankruptcy code

The Supreme Court on Monday agreed to hear a batch of petitions challenging various provisions of the Insolvency and Bankruptcy Code (IBC) over claims that they are violative of fundamental rights like the right to equality of those against whom insolvency proceedings have been initiated. A bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra issued notices to the Centre and others on as many as three petitions and ordered the pleas to be tagged with a pending petition on the issue. One of the petitions, which was taken up for hearing on Monday, was filed by R Shah, through advocate Anne Mathew, challenging the constitutional validity of sections 95(1), 96(1), 97(5), 99(1), 99(2), 99(4), 99(5), 99(6) and 100 of the Code. These provisions deal with the various stages of insolvency proceedings against a defaulting firm or individuals. The Impugned Provisions are inherently violative of the principle of natural justice and strike at the root of th