Page 219 - Supreme Court

SC rejects plea against Bihar govt's decision to conduct caste-based survey

The Supreme Court on Friday refused to entertain a plea against the Bihar government's decision to conduct a caste-based survey in the state. A bench of Justices M R Shah and J B Pardiwala allowed the petitioner to approach the Patna High Court and directed it to decide the petition expeditiously. "Petitioner seeks permission to move an application which can be considered by the high court. "We permit the petitioner to file an appropriate interim application and request the high court to consider and finally decide at least the interim application at the earliest and preferably with three days of filing it," the bench said. The apex court clarified that it has not expressed anything on merits of the case. The first round of caste survey in Bihar was conducted between January 7 and 21. The second round started on April 15 and will continue till May 15. Senior advocate Mukul Rohatgi, appearing for the petitioner, submitted that this is a serious case where the Patna High Court has

Register cases even if no complaint is filed: Supreme Court on hate speech

Extending the scope of its 2022 order beyond three states, the Supreme Court on Friday directed all states and Union Territories to register cases against those making hate speeches even if no complaint has been made. A bench of Justices KM Joseph and BV Nagarathna termed hate speeches a "serious offence capable of affecting secular fabric of the country". The bench said its October 21, 2022 order shall be made applicable irrespective of religion and warned any delay in registering cases will be treated as contempt of the court. "Where have we reached in the name of religion? What have we reduced religion to is really tragic," the apex court had then observed and directed Uttar Pradesh, Delhi and Uttarakhand to crack down hard on those making hate speeches, calling them shocking for a country that is religion-neutral. Holding that the Constitution of India envisages a secular nation, the court had directed Uttar Pradesh, Uttarakhand and Delhi to promptly register criminal cases ..

SC bar association criticises BCI for comments on same sex marriage case

'Highly inappropriate' of the bar council to make public criticism when court is hearing matter

Have agreed to CBI probe into Palghar lynching case: Maharashtra to SC

The Maharashtra government Friday told the Supreme Court that it has already recommended a CBI probe into the alleged lynching of three persons in Palghar in 2020 and this led to the closure of proceedings on as many as four pending petitions on the issue. A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha took note of the fresh affidavit of the state government that a communication to this effect has already been issued by it. "In view of the decision taken by the state government, no further direction is needed on these petitions at this stage. The petitions are disposed of," the bench said. The pleas demanded a probe by the Central Bureau of Investigation (CBI), alleging that the investigation by the state police was being conducted in a biased manner. Earlier, the erstwhile Maha Vikas Aghadi government had opposed the plea for a CBI probe into the incident and later, with the change in dispensation in the state, it agreed to the petitions seeking ...

TMC's Abhishek welcomes SC decision on reassigning hearings in school scam

Trinamool Congress national general secretary Abhishek Banerjee Friday welcomed a Supreme Court direction asking the Acting Chief Justice of the Calcutta High Court to reassign the West Bengal school jobs "scam" case. Stating that the matter is sub-judice, Banerjee said that he will not comment further on the order reassigning it from Justice Abhijit Gangopadhyay who was till now hearing the matter. The Supreme Court Friday asked the Acting Chief Justice to reassign the West Bengal school jobs "scam" case to another judge after examining a report on Justice Gangopadhyay's interview to a news channel on the matter. "I welcome the direction given by the Hon'ble Supreme Court," Banerjee told reporters at Dhupguri in north Bengal's Jalpaiguri district during a mass outreach programme ahead of the panchayat elections in the state, which are likely to be declared soon. Hearing a plea by Banerjee, a bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha took note of the

Delhi Police to register case against WFI chief Brij Bhushan Singh today

On Wednesday, Delhi Police had submitted before the apex court that a preliminary enquiry would be needed before lodging an FIR against Singh

SC rejects plea to restore railway fare concessions for senior citizens

The Supreme Court on Friday dismissed a petition seeking restoration of the concessions in train fare that was offered to senior citizens by the railways before the Covid outbreak, saying since it's a matter of state policy it will not be appropriate for the court to issue a direction to the government. A bench of Justices SK Kaul and Ahsanuddin Amanullah was hearing a plea filed by MK Balakrishnan for restoration of the concessions that was discontinued in order to stem the spread of the disease. "It would not be appropriate for this court to issue a writ of mandamus in a petition under Article 32 of the Constitution. It is for the government to take a call on the issue keeping in mind the needs of the senior citizens and the fiscal repercussions. Dismissed," the bench said, rejecting the petitioner's contention that the state has an obligation to grant concessions to the elderly. The Centre had in 2020 discontinued the concessions granted to senior citizens to discourage the ...

Why were Atiq Ahmad, his brother paraded before media: SC asks UP govt

The Supreme Court on Friday questioned the Uttar Pradesh government why gangster-politician Atiq Ahmad and his brother Ashraf were paraded before media while being taken to hospital for a medical checkup in police custody in Prayagraj. The top court, which was hearing a plea by advocate Vishal Tiwari seeking an independent probe into the killing of Ahmad and his brother Ashraf, also asked the UP government how the killers got the knowledge that they were being taken to hospital. "How did they know? We have seen it on TV. Why were they not taken to the ambulance right from the entry gate of the hospital? Why were they paraded?" a bench of Justices S Ravindra Bhat and Dipankar Datta asked senior advocate Mukul Rohatgi, who appeared for the UP government. Rohatgi informed the bench the state government is probing the incident and has constituted a three-member commission for this. A UP Police special investigation team is also investigating the matter, he said. "This man and his entir

SC asks status report on steps taken post killing of Atiq Ahmad, brother

The Supreme Court on Friday directed the Uttar Pradesh government to submit a status report on steps taken after the killing of gangster-politician Atiq Ahmad and his brother Ashraf in Prayagraj. A bench of Justices S Ravindra Bhat and Dipankar Datta also sought a report from the UP government on the police encounter of Ahmad's son Asad in Jhansi. Asad was killed in an encounter by a special task force (ST) team of the UP Police on April 13. Two days later, Ahmad and Ashraf were shot dead at point-blank range by three men posing as media persons when they were being taken to a medical college in Prayagraj for a health check-up under police escort. The top court was hearing a plea, filed by advocate Vishal Tiwari, who has sought an inquiry into the 183 encounters that have taken place in Uttar Pradesh since 2017.

SC permits tribals to move Bombay HC on felling of trees in Aarey forest

The Supreme Court on Friday permitted some forest dwelling tribals to move the Bombay High Court with their grievances related to the felling of trees in Mumbai's Aarey forest for the metro rail project. Many trees being cut for the project are on their land. A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha took note of the submissions of senior advocate Indira Jaising, appearing for some tribals who claim to be living in the Aarey forest area, and asked them to intervene in a pending petition before the Bombay High Court on the issue. The senior lawyer said, We seek to intervene. I appear for the tribals and others who will be displaced if the trees are cut...49 trees are on our land. The bench said a petition is already pending before the high court and they can raise the issue of enforcement of their right there. The petitioners claim rights as forest dwellers. Since the petition is pending before the high court. A liberty is granted to raise this befo

ACC on Hindenburg: Independent review found it in compliance with all laws

Says since matter is sub-judice, financial statements do not carry any adjustments

''Looked up to her for support': Wrestlers after PT Usha criticises protest

Following PT Usha's strong criticism, wrestlers responded to her and said that they are hurt by her comments, as they looked up to her for support

Same-sex marriage case: Some kind of labelling important, SC tells Centre

From hearing the plea on same-sex marriages to Uphaar cinema hall's de-sealing, here are some important cases that were heard today

Same-sex marriage: Arguments on sexual orientation may be raised in future

The Centre on Thursday told the Supreme Court, which is hearing arguments on a clutch of pleas seeking legal sanction for same sex marriages, that arguments about freedom of sexual orientation and autonomy may be raised in future to challenge incest prohibition. Solicitor General Tushar Mehta, appearing for the Centre, told the bench that incest is not uncommon in the world but prohibited all over. It will be far-fetched, the five-judge constitution bench headed by Chief Justice D Y Chandrachud observed, adding sexual orientation or autonomy as an individual can never be exercised in all aspects of marriage including entry into wedlock and prohibited relationships, the grounds on which a marriage can be dissolved. All these, the CJI said, are subject to regulations by law. The arguments.... and I am saying this with a sense of responsibility, can be made, whether accepted or not is one thing, for challenging incest prohibition as well, Mehta told the bench, which also comprised ..

Some label necessary: SC seeks Centre's view on benefit to same-sex couples

Mehta said these are all human concerns, "which I also share and also the government shares, and we must find a solution from that point of view"

How can same-sex partners get social rights without marriage: SC to Centre

The Bench also indicated that the Centre should see if there can be separate legislation to protect the rights of same-sex couples

Same-sex marriage: SC may refer challenge to notice provision under SPA

The Supreme Court, which is hearing arguments on a batch of pleas seeking legal sanction for same sex marriages, on Thursday indicated it might refer for adjudication by a two-judge bench the challenge to the 30-day prior notice provision in the Special Marriage Act, 1954. The Special Marriage Act, 1954 provides a legal framework for the marriage of people belonging to different religions or castes. It governs a civil marriage where the state sanctions the marriage rather than the religion. Section 5 of the Act says when a marriage is intended to be solemnised under this law, the parties to the marriage shall give notice in writing in the form specified in the second schedule to the marriage officer of the district in which at least one of them has resided for a period of not less than 30 days immediately preceding the date on which such notice is given. Similarly, section 7 of the 1954 law deals with objection to marriage and says any person may, before the expiration of 30 days fr

Uphaar tragedy: SC allows firm to move court for de-sealing of cinema hall

The Supreme Court on Thursday allowed Ansal Theaters and Clubotels Private Ltd, whose former directors were real estate barons Sushil Ansal and Gopal Ansal, to move the trial court for de-sealing of Uphaar cinema hall where 59 cinema-goers had lost their lives in a blaze in 1997. A bench of Justices KM Joseph, BV Nagarathna and Ahsanuddin Amanullah directed said the trial court may decide the plea, if moved by the firm within 10 weeks, in accordance with law. The top court recorded the submissions of Delhi Police and the Central Bureau of Investigation (CBI), represented by Additional Solicitor General KM Nataraj, that they do not have any claim over the property. Nataraj said the due process under the law needs to be followed, for which the appropriate forum is the trial court, from where the property which was under investigation can be sought to be de-sealed. Association of the Victims of Uphaar Tragedy (AVUT) president Neelam Krishnamoorthy, who appeared in person, submitted th

SC directs courts to digitise all records of criminal trials, civil suits

Observing that technology has increasingly enmeshed with the systems of dispute resolution, the Supreme Court has directed district courts to digitise all records of criminal trials and civil suits. A bench of Justices Krishna Murari and Sanjay Karol noted that the E-committee of the Supreme Court had issued an SOP for digital preservation on September 24, 2021. The top court said a robust system of responsibility and accountability must be developed and fostered in order to ensure the proper protection and regular updation of all records facilitating the smooth functioning of the judicial process. "Technology has, in the present time become increasingly enmeshed with the systems of dispute resolution and adjudication with the trends pointing to all the more interplay, both supplementary and complimentary between technology and law. "The Registrar General of the high courts shall ensure that in all cases of criminal trial, as well as civil suits, the digitisation of records must be

Agency can't file charge sheet without completing probe to deny bail: SC

The verdict of the top court came on a plea filed by Ritu Chhabria seeking the release of her husband on default bail