Page 224 - Supreme Court

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

Atiq Ahmad murder: Owaisi demands resignation of UP CM, SC-monitored probe

AIMIM president Asaduddin Owaisi on Sunday attacked the ruling BJP in Uttar Pradesh over the killing of gangster-turned-politician Atiq Ahmad and his brother Ashraf and demanded the resignation of Chief Minister Yogi Adityanath over the incident and urged for a Supreme Court-monitored probe into the matter. Alleging that the BJP was running the government in Uttar Pradesh by "rule by gun" and not rule of law, Owaisi said this had been continuing ever since the BJP government was formed in 2017. A day after Atiq Ahmad and his brother Ashraf were shot dead in Uttar Pradesh, the Hyderabad MP termed the killings cold-blooded murder. "You see the way the weapons were fired. It is cold-blooded murder and they (those involved in the killings) are professionals. How much is the role of BJP's Uttar Pradesh government...and who are these people who in the presence of police and media resorted to cold-blooded murder? Who told them? What is their background and why didn't the police stop them?

Full strength SC should not be aberration but regular feature: Chandrachud

Chief Justice of India (CJI) D Y Chandrachud has said a Supreme Court functioning at its full strength should not be an aberration but a regular feature and asked the in-house think tank --Center for Research and Planning (CRP)-- to collect data of top 50 judges in the country for selection as future apex court judges. With the swearing-in of Justices Rajesh Bindal and Aravind Kumar, on February 13, this year, the top court got the full strength of 34 judges including the CJI. The CRP was set up in 2018 by the then CJI, Ranjan Gogoi, to strengthen the knowledge infrastructure of Supreme Court and, apart from research, the think tank is mandated to focus on outreach that includes explaining key decisions of the SC as well as its contribution to law and justice, besides the working of courts. The CJI was speaking at a function organised by the Supreme Court Bar Association (SCBA) on Tuesday to felicitate justices Dipankar Datta, Pankaj Mithal, Sanjay Karol, Sanjay Kumar, Ahsanuddin .

Under the scanner: Sebi steps up probe into Adani group controversy

Regulator seeking info from Adani firms, market intermediaries on a daily basis, as per sources

Supreme Court asked to preserve abortion pill access rules

A drug manufacturer asked the Supreme Court on Friday to preserve access to its abortion drug free from restrictions imposed by lower court rulings, while a legal fight continues. Danco Laboratories filed its emergency request with the high court less than two days after an appeals court ruling in a case from Texas that had the effect of tightening the rules under which the drug, mifepristone, can be prescribed and dispensed. The new limits would take effect Saturday unless the court acts before then. The fight over mifepristone lands at the Supreme Court less than a year after conservative justices reversed Roe v. Wade and allowed more than a dozen states to effectively ban abortion outright. An appeal from the Biden administration also is expected.

SC collegium advises elevation of 3 judicial officers as judges of Delhi HC

On Jain, the collegium said the IB has reported that he has a good personal and professional image and that nothing adverse has come to notice against his integrity

Death row convicts taking advantage of inordinate delay in mercy petitions

Death row convicts are taking advantage of an inordinate delay in deciding mercy petitions, the Supreme Court has said while directing the state governments and authorities concerned to see such pleas are decided and disposed of at the earliest. A bench of Justices MR Shah and CT Ravikumar said even after the final conclusion by the top court, there is an inordinate delay in not deciding the mercy petition, the object and purpose of the death sentence would be frustrated. "Therefore, as such, all efforts shall be made by the State Government and/or the concerned authorities to see that mercy petitions are decided and disposed of at the earliest, so that even the accused can also know his fate and even justice is also done to the victim," the bench said. The observations came on a petition filed by the Maharashtra government challenging an order of the Bombay High Court which commuted the death sentence awarded to a woman and her sister. The high court commuted the death sentence to

Courts to have liberal view towards Consumer Protection Act provisions: SC

The Supreme Court said on Thursday the Consumer Protection Act, 1986 is a "social benefit-oriented" legislation and courts have to adopt a constructive, liberal approach while construing the provisions of this law. The apex court said the law meets long-felt necessity of protecting the common man from such wrong for which the remedy under ordinary law for various reasons has become "illusory" and the importance of the Act lies in promoting welfare of the society by enabling the consumer to participate directly in the market economy. A bench of Justices Ajay Rastogi and C T Ravikumar made these observations while delivering its judgement on a batch of appeals filed by an insurance firm against the December 2004 verdict of the National Consumer Disputes Redressal Commission (NCDRC) which had held that a person who takes insurance policy to cover the envisaged risk does not take the policy for the commercial purpose. Elaborating on the facts of the case, the top court noted a vehicle

'Shaky, flawed': SC on Karnataka govt's decision to scrap 4% Muslim quota

The Karnataka government's decision to scrap four per cent Muslim quota ahead of the assembly polls Thursday came under the scanner of the Supreme Court, which questioned the government order and said prima facie it appeared to be on a "highly shaky ground" and "flawed". Taking note of the observations, the Karnataka government assured the top court it will put on hold its March 24 order by which it had given quotas in admission to educational institutions and appointment in government jobs to Vokkaligas and Lingayats, till April 18, the next date of hearing. The four per cent reservation for Muslims was to be equally split between the two communities. The top court said from the records tabled before it appears that the Karnataka government's decision is based on "absolutely fallacious assumption". A bench of Justices KM Joseph and BV Nagarathna, which gave time till April 17 to the state government and counsel representing members of Vokkaliga and Lingayat communities to file the

SC sets aside Calcutta HC order of CBI probe in attack on Pramanik's convoy

The Supreme Court Thursday set aside a Calcutta High Court order for a CBI probe in the alleged attack on Union Minister Nisith Pramanik's convoy during a visit to his constituency in West Bengal in February this year and directed fresh adjudication of the PIL filed by BJP leader Suvendu Adhikari on the issue. The top court also rejected the vehement submissions of Adhikari, the leader of the opposition in the West Bengal Assembly, for a status quo on the probe into the incident by the state police which, otherwise, will proceed with a lightening speed in view of the fact that they have not given the case files to the CBI as directed by the high court. No we cannot pass such an order, a bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha and J P Pardiwala said. The top court referred to the fresh affidavit filed by the West Bengal police before it with regard to the actions taken so far in the incident and set aside the high court judgement ordering a CBI prob

Not above law, tender unconditional apology: SC to Ex-IPL chief Lalit Modi

The Supreme Court on Thursday directed the former IPL commissioner, Lalit Modi to tender an unconditional apology on social media and also in leading national newspapers

Without preparing judgment, judge can't pronounce concluding portion: SC

A judicial officer cannot pronounce the concluding portion of a judgment in the open court without the entire text of the judgment being prepared or dictated, the Supreme Court has said. The top court also directed the sacking of a trail court judge in Karnataka found guilty of pronouncing the outcome of a case without preparing the judgment. The SC direction came on a plea filed by the Registrar General of the High Court of Karnataka who had challenged the HC's division bench order on the judge's reinstatement by quashing the termination order passed by its full court. Coming down heavily on the Karnataka High Court for "white-washing" serious charges, a SC bench of justices V Ramasubramanian and Pankaj Mithal said the conduct of the judge is unacceptable. "It is true that some of the charges revolve around judicial pronouncements and the judicial decision-making processes and that they cannot per se, without anything more, form the foundation for departmental ...

SC to hear plea challenging validity of Maternity Benefit Act on Apr 28

The Supreme Court agreed to hear on April 28 a plea challenging the Constitutional validity of a provision of the Maternity Benefit Act, 1961 which states that a woman who legally adopts a child below the age of three months would be entitled to maternity leave. The petition submitted that the purported 12 weeks of maternity benefit to adoptive mothers is not only a "mere lip service but when juxtaposed with the maternity benefit of 26 weeks provided to biological mothers, fails to stand even the basic scrutiny of Part III of the Constitution which is wedded to the concept of non-arbitrariness." A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala took note of the submissions of a lawyer who mentioned the matter seeking urgent hearing. The top court on October 1, 2021 had issued notices to the Ministry of Law and Justice, Ministry of Women & Child Development while seeking their responses on the PIL, which said Section 5(4) of the Maternity Benefit ...

SC again defers plea against WhatsApp: What is new Data Protection Bill?

This is the second time the SC has deferred the hearing. It had shelved the hearing earlier as the Centre said the new bill would likely be tabled in the Budget session

Can't lose democracy by allowing those in power to overrule opponents: SC

The country cannot afford to lose democracy by allowing parties in power to overrule the wisdom of their political opponents with the use of State machinery, the Supreme Court said on Tuesday as it reflected on the tussle between the successive DMK and AIADMK governments in Tamil Nadu over an employment scheme. The top court's remark came while setting aside an order of the Madras High Court which directed the Tamil Nadu government to create the posts under the designation Village Level Workers known as Makkal Nala Paniyalargal (MNP) and accommodate the persons who were on the rolls of MNP on the date of issuance of a government order dated November 8, 2011 against vacant posts. The Tamil Nadu government had introduced a scheme dated September 2, 1989 through the Rural Development Department providing employment to the educated youth in rural areas who had completed 10th standard for various items of work in the village panchayat. The DMK government led by M Karunanidhi launched the

New data protection bill to be introduced in Monsoon session, govt tells SC

Attorney General tells Constitution bench that the bill will meet all concerns expressed by petitioners about personal data protection

Govt employees entitled to annual increment even they retire next day: SC

The Supreme Court on Tuesday held government employees are entitled to annual increment even if they retire a day after earning the financial benefit. The significant verdict came on an appeal of the state government-owned Karnataka Power Transmission Corporation Ltd (KPTCL) challenging the judgement of a division bench of the Karnataka High Court that employees were entitled to annual increment even if they are to superannuate the very next day of earning the benefit. A bench comprising Justices M R Shah and C T Ravikumar dismissed the appeal of KPTCL and said, Now so far as the submission on behalf of the appellants (KPTCL) that the annual increment is in the form of incentive and to encourage an employee to perform well and therefore, once he is not in service, there is no question of grant of annual increment is concerned, the aforesaid has no substance. The court took note of the divergent views of various high courts and laid down the law on the legal question whether an ...

New data protection bill to be introduced in Monsoon session: Centre to SC

The Centre on Tuesday told the Supreme Court that a new data protection bill is ready and will be introduced in the Monsoon session of Parliament. Attorney General R Venkatramani told a Constitution bench headed by Justice KM Joseph that the bill is ready. The bench also comprising justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and C T Ravikumar took note of the submission. They directed that the matter be placed before Chief Justice DY Chandrachud so that a new bench can be constituted as Justice Joseph is set to retire on June 16. The matter has been posted for hearing in the first week of August 2023. Senior advocate Shyam Divan, appearing for the petitioners, submitted that the court should not link the court hearings to the legislative process. The legislative process is complex and it may be again referred to some committees, he said. The apex court was hearing a plea filed by two students -- Karmanya Singh Sareen and Shreya Sethi -- challenging the contract entere

Supreme Court panel to oversee verification of over 2.5 million lawyers

The Supreme Court Monday ordered setting up of a high-powered committee headed by former apex court judge Justice Deepak Gupta to monitor the process of verification of certificate of law practice and other educational degrees of over 25 lakh lawyers in the country, saying it was of utmost importance to preserve the administration of justice. The move comes amid allegations of lawyers with fake degrees practising in courts across the country. Asking lawyers to participate in the exercise, the bench said non-verification of advocates, intended to weed out the fake ones, will bring the administration of justice under serious cloud. The verification of lawyers' degree and certificate to practice is of utmost importance to preserve the administration of justice, a bench comprising Chief Justice D Y Chadrachud and Justices P S Narasimha and J B Pardiwala said. Besides Justice Gupta, the committee will comprise former Delhi High Court Chief Justice Rajendra Menon and retired Allahabad Hi

Have actively taken steps for decriminalisation of politics: EC to SC

Contending that it has been raising the issue of criminalisation of politics since 1998, the Election Commission has told the Supreme Court it has actively taken steps for its decriminalisation. In an affidavit filed in the top court, the poll panel said any further steps to effectively decriminalise politics would require legislative amendments which are beyond the scope of the Election Commission of India. The poll panel told the apex court that in its "Proposed Electoral Reforms, 2016", it had reiterated its 2004 recommendation that people charged with cognisable offences, which are punishable with imprisonment of at least five years, where charges have been framed and where the cases have been filed at least six months prior to the election, should be debarred from contesting elections. "It is submitted herein that the Election Commission of India has actively taken steps for decriminalisation of politics, and has also made recommendations in that regard. However, any further ..