Page 215 - Supreme Court

Bilkis case: SC orders issuance of notice to convicts in local papers

Supreme Court directed issuance of notice to Bilkis Bano case convicts, who remained unserved so far, and also directed publication of notices in local newspapers, including in Gujarati and English

Bilkis case: SC defers till hearing on pleas against remission to convicts

The Supreme Court on Tuesday deferred till July 11 the hearing on a batch of pleas challenging the remission granted last year to all the 11 convicts in the case of gang rape of Bilkis Bano and murder of her family members during the 2002 post-Godhra riots. A bench of justices KM Joseph, BV Nagarathna and Ahsanuddin Amanullah directed the issuance of notices to the convicts, who remained unserved even now. The bench also directed the publication of notices in local newspapers, including in Gujarati and English, against the convicts who could not be served notices, including one whose house was found by the local police to be locked and his phone was switched off. It directed that the next date of hearing of the matter - July 11 - shall also be published in the notices to be carried in the newspapers. "We are adopting this process so that time is not wasted on the next date of hearing of the matter and the matter could proceed," the bench said. On July 11, a new bench is likely to

SC frowns at statements on scrapping of Muslim quota in Karnataka

The Supreme Court Tuesday voiced displeasure over political statements being made about withdrawal of four per cent quota for Muslims in poll bound Karnataka, after it was told Union Home Minister Amit Shah was making public statements about the hugely contentious issue at the hustings. Terming as "inappropriate" the political statements about the matter which is sub-judice, the apex court asserted "Some sanctity needs to be maintained". The withdrawal of four per cent reservation for Muslims and its reallocation between the politically influential Lingayat and Vokkaliga communities just before the assembly elections has become a hot button issue in the southern state. "When the matter is pending before the court and there is court order on Karnataka Muslim quota, then there should not be any political statements on the issue. It is not appropriate. Some sanctity needs to be maintained," a bench of Justices KM Joseph, BV Nagarathna and Ahsanuddin Amanullah said. Senior advocate ...

Live streaming of proceedings takes court to homes of common citizens: SC

The Supreme Court Tuesday said live streaming of its proceedings has taken the court to the homes and hearts of common citizens and it is trying to use technology to ensure the live-streamed content is made available simultaneously in languages other than English so more people can follow. A five-judge constitution bench headed by Chief Justice D Y Chandrachud observed this while hearing arguments for the eighth-day on a batch of petitions seeking legal validation for same-sex marriage. Senior advocate Rakesh Dwivedi, appearing for Madhya Pradesh, said an important fallout of the proceedings is that there is a churning in society, and because of this debate and live streaming in different corners of the country, people are thinking about the issue. "The live-streaming of court proceedings has really taken our court absolutely to the homes and to the hearts of the common citizens and I think that is part of the process," said the CJI, who is heading the bench which also comprises ...

Supreme Court stays Rs 202 crore penalty on Amazon slapped by CCI

The penalties were imposed in two parts in accordance with separate sections of the law. Rs 200 crore and Rs 2 crore were thus imposed on Amazon

SC objects to Amit Shah's statement on 4% Muslim quota in Karnataka

The top court recorded Mehta's statement that no action would be taken on the state government's March 27 decision to scrap the 4 per cent reservation to Muslim

SC to hear on May 15 plea against HC stay order on 'The Kerala Story'

The Supreme Court will hear on May 15 a plea against the Kerala High Court order refusing to stay the release of the controversial multilingual film "The Kerala Story". Senior advocate Kapil Sibal on Tuesday mentioned the matter for urgent listing before a bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha. When the bench inquired whether the high court has passed an order in the matter, Sibal said it has refused to stay the release of film. "We will keep it on Monday (May 15)," the bench said. On May 5, the high court refused to stay the release of the movie and said the trailer does not contain anything offensive to any particular community as a whole. The high court noted the producers' submission that they do not intend to retain an "offending teaser" which contained a statement that "32,000 women" from Kerala were converted and joined a terrorist organisation. It said the Central Board of Film Certification (CBFC) has examined the movie and found it sui

SC seeks Centre's response on a plea challenging release of Anand Mohan

From taking note of resolution passed by Rajasthan's district bar association to expressing concern about violence-hit Manipur, here's a look at important court cases heard today

SC seeks govt's response on PIL for welfare of people suffering from autism

The Supreme Court Monday sought the Centre's response on a PIL seeking formulation of guidelines under the law on disabilities for inclusion of those suffering from autism spectrum disorder (ASD) and giving them employment opportunities. A bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala took note of the submissions of lawyer Gaurav Kejriwal, appearing for NGO Shaurya Foundation Trust, and issued notices on its PIL. Besides the Centre, it issued notices to the Federation of Indian Chambers of Commerce and Industry (FICCI), Confederation of Indian Industry (CII), PHD Chamber of Commerce and Industry and Federation of Indian Export Organisations on the PIL which also seeks involvement of the corporate firms in helping the people suffering from ASD. The present petition is being filed in public interest to formulate guidelines and/or standard process under the Right of Persons with Disabilities Act, 2016 for the inclusion of the persons affect

SC censures Bar association for obstructing lawyers as volunteers

The CJI also said that denying someone legal aid amounted to criminal contempt

SC concerned over loss of life, Manipur to step up relief after violence

Concerned over the huge loss of life and property, the Supreme Court on Monday asked the Centre and the Manipur government to step up relief and rehabilitation efforts for those hit by ethnic violence in the north-eastern state, besides protecting places of worship, many of which were targeted during the mayhem. While listing out steps taken to deal with the situation, the Centre told a bench headed by Chief Justice D Y Chandrachud that no untoward incidents have been reported in Manipur in the last two days and the situation there is gradually returning to normalcy. More than 50 people have been killed in violent clashes between the tribals living in the Manipur hills and the majority Meitei community residing in the Imphal Valley over the latter's demand for Scheduled Tribe (ST) status. Over 23,000 people have been rescued and sheltered in military garrisons and relief camps. Terming the aftermath of the violence humanitarian issues, the apex court emphasised that due arrangements

SC refuses to interfere with HC verdict granting bail to ex-Mumbai cop

The Supreme Court on Monday refused to interfere with the Delhi High Court verdict granting bail to former Mumbai Police Commissioner Sanjay Pandey in a money laundering case related to alleged illegal phone tapping and snooping of National Stock Exchange (NSE) employees. A bench of Justices S K Kaul and A Amanullah said the observations made by the high court in its December 8 last year judgement granting bail to Pandey will not have any effect during the trial in the case. The Enforcement Directorate (ED) had challenged the high court verdict before the apex court. Additional Solicitor General S V Raju, appearing for the ED, told the bench that the high court had done a "mini trial" while deciding the bail plea. "Let it be," the bench observed, adding that order granting bail to Pandey was six months old. Raju then requested for a direction that the observations made by the high court should not affect the trial in the case. "Needless to say that the observations made while gra

AI Urination case: SC asks Centre to form SOP to deal with such incidents

The Supreme Court on Monday agreed to examine the plea of a 72-year-old woman, on whom a male co-passenger urinated on board an Air India flight in November last year, seeking a direction to the Centre, aviation regulator DGCA and airlines to frame an SOP to deal with such incidents. A bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala took note of the plea of the woman and issued notices to the Centre, Directorate General of Civil Aviation (DGCA) and all airlines, including Air India. The top court also sought the assistance of Solicitor General Tushar Mehta, who was present in the case, in formulating the standard operating procedure (SOP) and fixed the plea for hearing after the summer vacation in July. The woman had filed a PIL in March saying she was constrained to approach the top court because Air India and the DGCA failed to treat her with care and responsibility after the incident. On January 31, a Delhi court had granted bail to Shankar ..

SC rejects plea of Bihar YouTuber's against invoking NSA over fake videos

The Supreme Court on Monday refused to entertain a plea of jailed Bihar YouTuber Manish Kashyap against whom the stringent National Security Act (NSA) has been invoked for allegedly circulating fake videos of migrant labourers being attacked in Tamil Nadu. A bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and J B Pardiwala, however, granted Kashyap the liberty to challenge the invocation of the NSA at an appropriate judicial forum. It also rejected the plea for clubbing all 19 FIRs against him and their transfer to Bihar. We are not inclined to entertain the plea, the bench said while rejecting the vehement submissions of senior advocate Maninder Singh, appearing for Kashyap who is presently lodged in Madurai jail of Tamil Nadu. Earlier, the top court had granted time to the Tamil Nadu government, represented by lawyer Amit Anand Tiwari, to respond to the amended plea of Kashyap against whom the stringent NSA was invoked for allegedly circulating the ...

Challenging SC judgment on validity of pre-import condition may not succeed

Exporters complain that some authorities are talking of applicability of the pre-import condition for advance authorisations issued during that period

Sedition law: Pressure on the government is building up to amend it

Upon the orders of the apex court, Section 124A (on sedition) is in abeyance

Manipur violence: SC to hear pleas on Monday over ST status to Meitei

The Supreme Court will on Monday hear a batch of pleas on the Manipur situation including one by a ruling BJP MLA challenging the high court order on the issue of Scheduled Tribe status to the Meitei community and a PIL by a tribal outfit for an SIT probe into the violence that rocked the northeastern state last week. A bench of Chief Justice DY Chandrachud and Justices PS Narashima and JB Pardiwala is scheduled to hear the matter. The clashes between Meiteis and tribals started in Churachandpur district last Wednesday. The tribals are opposing reservation to the Meiteis following the March 27 Manipur High Court order that asked the state government to send a recommendation to the Centre within four weeks on the demand for ST status by the Meitei community. Dinganglung Gangmei, BJP MLA and chairman of the Hills Area Committee (HAC) of the Manipur Legislative Assembly, in his appeal contended that the "proceedings before the High Court were vitiated on account of not making the HAC a

Streaming of court proceedings has flipside, judges need to be trained: CJI

CJI DY Chandrachud on Saturday said live streaming of court proceedings has flipside and judges need to be trained as every word they say is in the public realm in the age of social media Addressing the National Conference on Digitisation, Paperless Courts and e-initiatives at the Odisha Judicial Academy here, CJI Chandrachud said courts across the country are likely to become paperless soon. "We have been using Artificial Intelligence (AI) for transcription of the proceedings of the Constitution Bench of the Supreme Court. The transcript is provided to lawyers to clean up any errors," he said. "AI is replete with possibilities. How do you expect a judge to digest the evidence in a statutory appeal in a record involving 15,000 pages? AI can prepare the entire record for you," he said, adding that many courts across the world were experimenting with AI. However, CJI Chandrachud said AI has a flip side as well. "For instance, it would be very difficult in allowing artificial ...

No legal system can keep raking up resolved issues repeatedly: SC

The Supreme Court has said that no legal system can have a scenario where someone keeps on raking up an issue repeatedly once it is resolved at the highest level and termed it a "complete wastage of the judicial time". The remarks came as the apex court dismissed with a cost of Rs 10,000 a plea filed by a man noting that he was dismissed from service and the matter stood closed in 2004. It noted that a review petition in the matter was also rejected. A bench of Justice S K Kaul and Justice Aravind Kumar said the petitioner has not filed a curative plea but a writ petition under Article 32 of the Constitution claiming that injustice has been done to him and the matter should be reopened. Article 32 of the Constitution gives individuals the right to move the Supreme Court for justice when they feel their fundamental rights have been infringed. "No legal system can have a scenario where a person keeps on raking up the issue again and again once it is resolved at the highest level. Th

Homosexuality a disorder, will grow if same-sex marriage legalised: Survey

Many doctors and allied medical professionals believe that homosexuality is "a disorder" and it will increase further in society if same-sex marriage is legalised, according to a survey by Samwardhini Nyas, an affiliate of the women's wing of the RSS. A senior functionary of the Rashtra Sevika Samiti, a women's organisation which parallels the Rashtriya Swayamsevak Sangh (RSS), said the findings of the survey are based on 318 responses collected across the country covering medical practitioners from eight different pathies of treatment from modern science to Ayurveda. In their response to the survey, according to Samwardhini Nyas, nearly 70 per cent of the doctors and allied medical professionals stated that "homosexuality is a disorder" while 83 per cent of them "confirmed transmission of sexual disease in homosexual relations." "From the survey, it is observed that the decision to legalise such marriages may promote more disorder in the society rather than curing patients and ...