Page 223 - Supreme Court

SC agrees to hear Centre's plea on legal validation of same-sex marriage

The Supreme Court agreed to hear on Tuesday a plea filed by the Centre questioning the maintainability of the petitions seeking legal validation of same-sex marriage. A bench headed by Chief Justice D Y Chandrachud took note of the submissions of Solicitor General Tushar Mehta, who mentioned the plea to decide a preliminary issue. "Yes, it will be listed tomorrow," the bench also comprising justices P S Narasimha and J B Pardiwala said. Terming the petitions seeking legal validation of same-sex marriage as one which reflect an "urban elitist" view for the purpose of social acceptance, the Centre has told the Supreme Court that recognition of marriage is essentially a legislative function which the courts should refrain from deciding. Questioning the maintainability of the petitions, the Centre has said that legal validation for same-sex marriages will cause complete havoc with the delicate balance of personal laws and accepted societal values. A five-judge Supreme Court constituti

Google withdraws appeal in SC against NCLAT in anti-competition case

NCLAT is likely to hear the matter this week and has transferred the case to chairperson's court

Mamata demands SC-monitored probe into Malik's comments on Pulwama attack

West Bengal Chief Minister Mamata Banerjee on Monday demanded a Supreme Court-monitored investigation into former Jammu and Kashmir governor Satyapal Malik's statement regarding the 2019 Pulwama attack in which 40 CRPF jawans were killed. Speaking to reporters at the state secretariat, Banerjee alleged that it was the Centre's fault that India lost so many jawans. "What Satyapal Malik-ji said is scary. He claimed that the central government, for mere polarisation of voters and to create a sense of fake nationalism, ignored the security of CRPF jawans. According to him, the Pulwama attack was an intelligence failure," she said. "We had raised this issue back in 2019 too, but since at that time, it was a matter of nation first, we didn't want to say anything against the government. However, the truth has come out today. The BJP government was in power in 2019, and it was the Centre's fault that we have lost the lives of our jawans," she added. Banerjee demanded a Supreme Court-monito

SC fines Mumbai Metro but allows to remove 177 trees from Aarey forest

Observing that the Mumbai Metro has made an attempt to overreach the court's jurisdiction, the Supreme Court on Monday directed it to pay Rs 10 lakh fine within two weeks for felling of trees in Aarey forest beyond permission. A bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala said it was improper on Mumbai Metro Rail Corporation Limited's (MMRCL) part to move the tree authority for felling of any trees in excess of 84. The top court, however, permitted the company to remove 177 trees from Aarey forest, saying a stay on tree felling would lead to the public project being brought to a standstill which is not desirable. "MMRCL within a period of two weeks should provide an amount of 10 lakh to the conservator of forests. The conservator shall ensure that all afforestation which has been directed is completed," the bench said. "We request the director of IIT Bombay to depute a team for the purpose of verifying compliance. A report should be .

Supreme Court refuses to halt construction work on phase-IV of Delhi Metro

The Supreme Court on Monday refused to halt construction work on the phase-IV of Delhi Metro, saying any interference would result in huge escalation of costs. The phase-IV of Delhi Metro will consist of six corridors -- Aerocity to Tughlakabad, Inderlok to Indraprastha, Lajpat Nagar to Saket G Block, Mukundpur to Maujpur, Janakpuri West to R K Ashram, and Rithala to Bawana and Narela. A bench comprising Justices B R Gavai and Vikram Nath noted that there was provision for planting of uprooted trees. The top court said that no doubt that concern for the environment is an important aspect, however developmental works like Metro railway, which will cater to billions of people and reduce carbon emissions as the number of vehicles on road will be reduced, cannot be ignored. The apex court asked Delhi Metro to be careful in future while planning further phases. The direction came on a plea against the Metro construction work.

Crowdfunding misuse case: SC grants bail to TMC spokesperson Saket Gokhale

The Supreme Court on Monday granted bail to Trinamool Congress spokesperson Saket Gokhale in a case related to alleged misuse of money collected through crowdfunding. A bench comprising Justices B R Gavai and Vikram Nath, while granting relief to the leader, noted that a charge sheet has already been filed in the case. Gokhale was arrested by the Ahmedabad Cyber Crime Branch from Delhi on December 30, 2022. He is facing charges under sections 420 (cheating), 406 (criminal breach of trust) and 467 (forgery) of the IPC.

SC asks Varanasi collector to hold meet to provide wazu' at Gyanvapi mosque

The Supreme Court on Monday asked the Varanasi district collector to hold a meeting for providing congenial working arrangements for 'wazu' (ritual ablution) for Muslim devotees at the Gyanvapi mosque complex. A bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and J B Pardiwala was apprised by Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, that the meeting would be held on Tuesday and the decision will be implemented for providing facilities for wazu' on the premises. The court was hearing a plea by the Anjuman Intezamia Masjid committee seeking permission for 'wazu' at the mosque complex in Varanasi during the month of Ramzan. The top court referred to its order of May 20 last year where it had directed that facilities for wazu' and washrooms be provided to devotees following the sealing of certain areas inside the premises. The solicitor general assures the court that a meeting shall be convened tomorrow by the district collec

SC seeks Delhi police's reply on Brinda Karat's plea for FIR against Thakur

The Supreme Court on Monday asked the Delhi police to respond to the plea of CPI(M) leader Brinda Karat challenging the Delhi High Court's order dismissing a petition against the trial court's refusal to order registration of an FIR against Union Minister Anurag Thakur and his BJP MP Pravesh Verma for their alleged hate speeches over anti-CAA protests. A bench of Justices KM Joseph and BV Nagarathna issued the notice to the city police and sought its response within three weeks. During the hearing, the bench observed prima facie the magistrate's stand that sanction was required for lodging FIRs against the two BJP leaders was not correct. On June 13 last year, the Delhi High Court had dismissed the petition filed by CPI(M) leaders Brinda Karat and KM Tiwari against the two BJP MPs for their alleged hate speeches. The high court had refused to interfere with the trial court's order, saying under the law sanction is required to be obtained from the competent authority for registrati

Arun Goel as EC: SC bench recuses from hearing plea challenging appointment

A Supreme Court bench headed by Justice KM Joseph on Monday recused from hearing a plea challenging appointment of Arun Goel as Election Commissioner. A bench of Justices Joseph and BV Nagarathna said, "List the matter before another bench". Before the bench recused from hearing, the top court questioned NGO 'Association for Democratic Reforms' for challenging Goel's appointment and asked it to show which rules were violated. It said after the appointment of a person to a constitutional post, presumptions cannot be made that he will act unfairly, arbitrarily or will be "yes man". The bench said the petition has relied on a March 2 verdict of the apex court which had ruled that the appointment of the Chief Election Commissioner and ECs will be done by the President on the recommendation of a committee, comprising the prime minister, Leader of the Opposition in Lok Sabha and the CJI, to maintain the "purity of election". In the lengthy verdict, the five-judge bench had said it was .

One should never forget one's mother tongue: Former CJI N V Ramana

Former Chief Justice of India, Justice N.V. Ramana has said that one should never forget one's mother tongue, but at the same time learning a link language such as English is important

Same-sex marriage case in the Supreme Court: Here is what the Centre said

In the case related to the legal recognition of same-sex marriage, the Centre primarily argued that the issue needed to be decided by the Legislature and not by judicial review

SC stays order asking WB not to file FIRs against ED officers probing scam

The Supreme Court on Monday stayed the Calcutta High Court's April 13 order directing the West Bengal police not to lodge any FIR against CBI and Enforcement Directorate officers probing the school jobs-for-bribes scam. A bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwalam, which decided to hear the plea on April 24, also stayed the direction of a single judge bench of the high court that TMC leader Abhishek Banerjee and Kuntal Ghosh, an accused in the case, can be questioned by the ED and the CBI and such "interrogation should be made soon." "The petition was in the mentioning list. Dr A M Singhvi has adverted to the contents of the order and the directions passed by which the ED and CBI have been directed to file a report with respect to a probe in connection with a public speech by Abhishek Banerjee. List on April 24, 2023. Till the next date of listing, there shall be stay on all action against petitioner in relation to the directions ...

Civil society, pesticide industry present contrasting picture on ban order

The Supreme Court also asked the government to place on record two reports on the use of harmful chemicals and pesticides in India

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Plea in SC for independent committee probe into killings of Atiq, Ashraf

A day after gangster-politician Atiq Ahmad and his brother Ashraf were shot dead under police escort, a plea was filed in the Supreme Court on Sunday seeking the constitution of an independent expert committee headed by a former apex court judge to probe the killings. The plea, filed by advocate Vishal Tiwari, also sought an inquiry into the 183 encounters that have taken place in Uttar Pradesh since 2017. Ahmad (60) and Ashraf, who were in handcuffs, were shot dead by three men posing as journalists when they were answering reporters' queries while being escorted by police personnel to a medical college in Uttar Pradesh's Prayagraj for a checkup on Saturday night. Just hours before the shooting, the last rites of Ahmad's son Asad, who along with one of his associates was gunned down in a police encounter in Jhansi on April 13, were held. Uttar Pradesh Police had said on Friday that it has gunned down 183 alleged criminals in encounters in the six years of the Chief Minister Yogi .

SBI approaches SC for clarity on personal hearing for defaulters

Seeks exemption from sharing complete forensic audit report

Lawbreakers to lawmakers? Here're candidates with criminal cases in 2023

The parties have to offer the reasons for selection, and not just 'winnability' in line with the ECI directives

NGO moves SC against appointment of Arun Goel as Election Commissioner

NGO Association for Democratic Reforms has moved the Supreme Court against Arun Goel's appointment as Election Commissioner claiming it is arbitrary, and violative of institutional integrity and independence of the poll body. The NGO has sought the constitution of a "neutral and independent committee" for the appointment of members of the Election Commission. The plea alleged that the Union government and the ECI have through their acts of "omissions and commission" participated in a carefully orchestrated "selection procedure" for their own benefits. "The writ petition is being filed in public interest challenging the appointment of Sh. Arun Goel as Election Commissioner vide notification dated November 19, 2022, on the ground that the appointment is arbitrary and violative of institutional integrity and independence of Election Commission Of India...," the plea said. The top court on March 2 had ruled that the appointment of the Chief Election Commissioner and ECs will be done by

Fill vacancy in National Commission for Scheduled Castes expeditiously: SC

The Supreme Court has directed the Centre to ensure that vacancy in the National Commission for Scheduled Castes is filled on an expeditious basis. A bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala noted the submission of the Centre that there is one vacancy in the Commission. "The Union of India shall take appropriate steps to ensure that the composition of the National Commission for Scheduled Castes is completed on an expeditious basis," the bench said. The top court was hearing a plea filed by Ambedkar Association for Development seeking to fill appointments to the post of Chairperson/Vice-Chairperson and Member of the National Commission for Scheduled Castes within a stipulated period. BJP leader and former Union minister Vijay Sampla is the chairperson of the Commission. The National Commission for Scheduled Castes is an Indian constitutional body established with a view to provide safeguards against the exploitation of Schedule

Need Supreme Court-monitored probe into Atiq's killing, says Kamal Nath

Madhya Pradesh Congress chief Kamal Nath on Sunday demanded a Supreme Court-monitored probe into the gunning down of gangster-turned-politician Atiq Ahmad and his brother Ashraf in Prayagraj in Uttar Pradesh a day earlier. Ahmad and Ashraf were shot dead at point-blank range by three men posing as journalists in the middle of a media interaction late Saturday night while police personnel were escorting them to a medical college in Prayagraj for a mandatory check-up. "What kind of politics is taking place in Uttar Pradesh and in the country? One day someone is killed and the next day someone else. It is for the society to think where UP and the country is headed. The Supreme Court should take notice of it and order an inquiry," Nath said. Hitting back at Nath, MP Bharatiya Janata Party spokesperson Narendra Saluja said Nath should have instead expressed grief over those who had been killed by Atiq Ahmad. "Atiq was facing more than 100 criminal cases. It is shameful Nath is demanding