Page 217 - Supreme Court

We don't go by segmental morality, says SC on same-sex marriage row

We don't go by either "popular morality or segmental morality" but what the Constitution mandates, the Supreme Court observed on Wednesday when an argument was advanced before it that young same-sex couples across the country wanted to get married. A five-judge constitution bench headed by Chief Justice D Y Chandrachud was hearing arguments on a batch of pleas seeking legal validation for same-sex marriage. During the arguments on the seventh-day of hearing, senior advocate Saurabh Kirpal, who is appearing for the petitioners, said they have spoken to gay people at various seminars and 99 per cent of them came up and said the only thing they want is to get married. Senior advocate Menaka Guruswamy, who is also representing the petitioners' side, said she has spoken at different events and found that young gay couples wanted to get married. "I don't say this as an elite lawyer. I say this having met these young people. Do not let them experience what we have experienced," she told

Same-sex couples: Govt to explore administrative steps to address concerns

The Centre on Wednesday told the Supreme Court that a committee headed by the cabinet secretary would be constituted to explore administrative steps for addressing some concerns of same-sex couples without going into the issue of legalising their marriage. Solicitor General Tushar Mehta, appearing for the Centre, told a five-judge Constitution bench headed by Chief Justice D Y Chandrachud, which is hearing a batch of pleas seeking legal validation of same-sex marriage, that the government is positive about the suggestion for exploring administrative steps in this regard. He told the bench, which also comprised justices S K Kaul, S R Bhat, Hima Kohli and P S Narasimha, that this will need coordination between more than one ministries. On the seventh day of hearing in the matter, Mehta said the petitioners can give their suggestions on the issue of exploring what administrative steps can be taken in this regard. While hearing the matter on April 27, the apex court had asked the Centr

Beant assassination case: SC declines to commute death penalty of Rajoana

The Supreme Court on Wednesday declined to commute the death penalty of Balwant Singh Rajoana, who was convicted in the 1995 assassination case of then Punjab Chief Minister Beant Singh, to life imprisonment. Rajoana has been in jail for the past 26 years. A bench comprising Justices B R Gavai, Vikram Nath and Sanjay Karol said the competent authority will decide the plea of the convict seeking mercy. On March 2, the top court had reserved its verdict on the plea of Rajoana after hearing the submissions of senior advocate Mukul Rohatgi, appearing for the convict, and Additional Solicitor General K M Natraj. Rajoana, a former Punjab Police constable, was convicted for his involvement in the explosion that took place outside the Punjab civil secretariat on August 31, 1995, killing Beant Singh and 16 others. A special court sentenced him to death in July 2007.

SC to hear plea challenging remission of convicts in Bilkis case on May 9

From deferring to hearing a plea in connection with the remission of 11 convicts in the Bilkis Bano gangrape case to The Kerala Story controversy, here's a look at important cases heard in SC today

SC to hear pleas challenging remission of convicts in Bilkis Bano to May 9

The Supreme Court on Tuesday deferred to May 9 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. Several counsel appearing for the convicts raised objections on not being served the notice on Bano's plea, which made the top court observe, "It is obvious, rather more than obvious, that you all do not want the hearing to be conducted by this bench." A bench of Justices K M Joseph and B V Nagarathna was told by Solicitor General (SG) Tushar Mehta, who appeared in the court on behalf of the Centre and the Gujarat government, that they are not claiming any privilege and not filing any plea for a review of the court's March 27 order, asking for the production of the original records with regard to the remission granted to the convicts. The SG raised preliminary objections with regard to the petitions filed in the matter other than the

Workers' dues to not get priority in case of IBC liquidation: SC

Justice M R Shah and Justice Sanjiv Khanna dismissed a batch of petitions challenging the constitutionality of Section 327(7) of the Companies Act, 2013

Stay on removal of encroachments in Uttarkhand's Haldwani to remain: SC

The Supreme Court on Tuesday said that its order staying the Uttarakhand High Court directions for the removal of encroachments from 29 acres of land claimed by the railways in Haldwani will continue during the pendency of petitions in the matter before it. On January 5, the apex court had in an interim order stayed the high court's directions for the removal of encroachments from 29 acres of land, terming it a "human issue" and saying 50,000 people cannot be uprooted overnight. The pleas challenging the high court order came up for hearing before a bench comprising Justices S K Kaul and A Amanullah which said that the interim order of stay "is made absolute during the pendency of the petitions" and listed the matter for directions in the first week of August. According to the railways, there are 4,365 encroachers on the land. The occupants were earlier staging protests in Haldwani, asserting that they were the rightful owners of the land. Nearly 50,000 people, a majority of them

No privilege over documents on convicts' remission in Bano case: Govt to SC

Centre tells SC that they would not claim privilege over documents in connection with the remission of sentence of convicts in Bilkis Bano gang-rape

Supreme Court appoints ex-apex court judge to finalise AIFF constitution

The Supreme Court on Tuesday appointed former apex court judge Justice L. Nageswara Rao to take over the task of finalising the draft constitution of the All India Football Federation (AIFF)

SC dismisses plea challenging bail of 3 activists in 2020 riots case

The apex court in July 2021 had pointed out its reluctance to consider cancellation of bail granted to the three activists, who were booked under UAPA

SC asks ex-judge Rao to create report on finalisation of AIFF constitution

The Supreme Court on Tuesday asked former apex court judge Justice L Nageswara Rao to prepare a report by July 31 on finalisation of the constitution of the All India Football Federation (AIFF) after taking note of objections to the draft document by various stakeholders. A bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala said the voluminous objections to the draft constitution by various stakeholders can be taken care of by Justice Rao after hearing parties concerned. We are of the view that it will be appropriate to defer this exercise (of finalising the constitution) since these are not issues of law but matters of policy dealing with running sport of football in India. Bearing in mind that the case of Indian Olympic Association was handled by Justice L N Rao, we entrust Justice Rao with the task of formulating the AIFF constitution. We request him to take the draft constitution prepared and finalise a report. In finalising the report Justice Rao is ...

LG's MCD nomination power row: SC to hear Delhi govt plea on May 8

The Supreme Court on Tuesday said it will hear on May 8 a plea of the Delhi government challenging the power of the Lieutenant Governor to nominate 10 members to the Municipal Corporation of Delhi and sought the quashing of their nomination. A bench comprising Chief Justice D Y Chandrachud and J B Pardiwala took note of the fact that a letter seeking adjournment of proceedings before it has been moved by the counsel representing the office of the LG. We will then list it for hearing on Monday that is May 8, the bench said. Solicitor General Tushar Mehta and senior advocate A M Singhvi appeared for the office of the LG and the Delhi government respectively. The top court earlier had orally observed as to how the Lieutenant Governor (LG) can act without aid and advice of the council of ministers in nominating 10 members to the MCD. Prior to this, it had issued notice on the plea of the Delhi government seeking quashing of the nomination of the 10 members. The office of the LG had s

Considering to form panel to examine execution by hanging: Centre to SC

The Supreme Court on Tuesday was apprised by the Centre that it was considering setting up a committee of experts to examine the prevalent mode of execution of death row convicts by hanging in the country. A bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala took note of the submissions of Attorney General R Venkataramani, appearing for the Centre, that the government was considering his suggestion on constituting a committee of experts and deliberations were on. The top law officer said there were processes related to finalisation of names for the proposed panel and that he will be able to respond on the issue after some time. The Learned Attorney General states that the process of appointing a committee was under consideration. In view of the above, we will give a fixed date after the (summer) vacation, the bench said. The top court on March 21 had said it may consider setting up of a committee of experts to examine whether execution of death row convicts by

VHP to hold nationwide protests against same-sex marriage plea in SC

"Hindu Marriage Act 1954 is very sacred and based on the 'sanatani' belief and it should remain unchanged and unchallenged," Singh said

Can dissolve marriage on ground of 'irretrievable breakdown', says SC

From hearing the plea on dissolving marriages to demolition drive in Delhi, here are some important cases that were heard today

Can dissolve marriage on ground of 'irretrievable breakdown', says SC

The apex court has said that the 'cooling off' period of six months, which is given to a couple to reconcile, can be dispensed if certain conditions are met

Accused cannot claim default bail on ground that charge sheet filed : SC

Obtaining sanction for prosecution from competent authorities is not part of the investigation and an accused cannot claim an indefeasible right of being released on default bail due to lack of such approval if the charge sheet has been filed within the allowed period, the Supreme Court ruled on Monday. A bench of Chief Justice DY Chandrachud and Justice JB Pardiwala said whether the sanction is required or not under a statute is a question that has to be considered at the time of taking cognisance of the offence and not during inquiry or investigation. In case the sanctioning authority takes some time to accord sanction, that does not vitiate the final report filed by the investigating agency before the court, it said. The apex court said it cannot be said that obtaining sanction from the competent authorities is part of the investigation. "We find no merit in the principal argument canvassed on behalf of the appellants that a charge sheet filed without sanction is an incomplete .

Review of sedition law in advanced stage, Centre tells apex court

Attorney General says govt is keen to push reform; court to hear matter again in August

Parties can't directly reach apex court, seek dissolution of marriage: SC

The Supreme Court said on Monday contesting parties cannot directly approach it and seek dissolution of marriage on the ground of irretrievable breakdown by filing a writ petition under Article 32 of the Constitution. A five-judge constitution bench headed by Justice S K Kaul, while referring to a top court verdict delivered earlier by a two-judge bench, said it was rightly held that any such attempt must be spurned and not accepted, as the parties should not be permitted to file a writ petition under Article 32 before the top court or under Article 226 before the high court seeking divorce on the ground of irretrievable breakdown of marriage. The reason is that the remedy of a person aggrieved by the decision of the competent judicial forum is to approach the superior tribunal/forum for redressal of his/her grievance. The parties should not be permitted to circumvent the procedure by resorting to the writ jurisdiction under Article 32 or 226 of the Constitution of India, as the case

Article 142(1) of Constitution crucial, its exercise must be legitimate: SC

The Supreme Court said on Monday Article 142(1) of the Constitution, which gives wide and capacious power to the apex court to do complete justice should be exercised in a legitimate manner and with caution, as its verdict ends the litigation between parties. Article 142 of the Constitution deals with the enforcement of decrees and orders of the apex court to do "complete justice" in any matter pending before it. As per Article 142(1), a decree passed or an order made by the apex court is executable throughout the territory of India. A five-judge Constitution bench headed by Justice S K Kaul said the exercise of power and discretion under Article 142(1) is valid and as per the Constitution, as long as complete justice' required by the cause or matter' is achieved without violating fundamental principles of general or specific public policy. Given the expansive amplitude of power under Article 142(1) of the Constitution of India, the exercise of power must be legitimate, and clamour