Page 230 - Supreme Court

SC order on EC appointments being examined, will take apt action: Govt

The government is examining the Supreme Court's verdict on the appointment of chief election commissioner (CEC) and election commissioners and it will take "appropriate action" on it, Rajya Sabha was informed on Thursday. In a written reply, Law Minister Kiren Rijiju said the Supreme Court in its judgment of March 2 held that until Parliament makes a law in consonance with Article 342(2) of the Constitution, the appointment of the CEC and election commissioners will be made on the recommendations made by a three-member committee comprising the prime minister, chief justice of India and leader of the opposition in Lok Sabha, and in case no LoP is available then the leader of the single largest opposition party in LS. "The judgement of Supreme Court is being examined by the government and appropriate action will be taken," he said. Rijiju pointed out that the Election Commission is a permanent constitutional body established in accordance with Article 324(1) of the Constitution of .

CJI Chandrachud inaugurates yoga, recreation hall for SC registry officials

Chief Justice DY Chandrachud on Thursday inaugurated the newly created Yoga and Recreation Hall' for Supreme Court registry officials in the additional building complex of the apex court. CJI Chandrachud, who inaugurated the hall by cutting a ribbon, also played a game of carrom with Justice Ajay Rastogi and PS Narasimha and others judges. Justice Rastogi even played table tennis. In its circular, the apex court said 'Yoga and Recreation Hall' has been opened for the officers/officials of the registry on the fourth floor in the lobby between A and B blocks, additional building complex and will be open for use on all working days of the registry. It said from Monday to Saturday, the hall will be opened for three sessions with the first from 7.45 am to 8.45 am and the second from 8.45 am to 9.45 am. The third session will commence from Monday to Friday between 5.15 pm and 6.15 pm and on Saturday it will be held from 1.15 pm to 2.15 pm. "A register will be maintained at the Yoga and

SC to set up fresh bench to hear pleas against polygamy, nikah halala

Upadhyay's plea said the injury caused to the women as practice of triple-talaq, polygamy and nikah-halala is violative of Articles 14, 15 and 21 of the Constitution and injurious to public order

Live telecast attaches stricter responsibility on judges: SC to courts

The Supreme Court has said that though virtual hearings and live-telecast of court proceedings introduces transparency in the judicial system, it attaches with a stricter standard of responsibility

SC-appointed committee will be 'clean chit' panel: Cong over Adani row

The Congress Wednesday asserted that the only way to comprehensively investigate the Adani issue is through a Joint Parliamentary Committee (JPC) and claimed that the Supreme Court-appointed expert committee would be a "clean chit" panel for the government. Congress general secretary Jairam Ramesh claimed the government wants the demand for JPC to be taken back and in return it would take back the demand for apology over Rahul Gandhi's remarks in the UK. He said there was no question of an apology and the demand for JPC is non-negotiable. Addressing a press conference as the party's total questions asked under its 'Hum Adani Ke Hain Kaun' initiative reached the 100-mark, Ramesh said the party has previously posed 99 questions to Prime Minister Narendra Modi since February 5 in connection with the Adani issue. "We conclude the series with a final question asking whether you will act in national interest using the vast army of investigative agencies at your disposal," Ramesh said. T

SC to hear batch of petitions on criminalisation of marital rape on May 9

The Supreme Court on Wednesday fixed May 9 for a detailed hearing on a batch of petitions pertaining to criminalisation of marital rape. Senior advocate Indira Jaising mentioned the matter before a bench headed by Chief Justice DY Chandrachud. She told the bench that the order of arguments and common compilation in the case is ready. Solicitor General Tushar Mehta said the Centre's reply is ready and has to be vetted. "List this on May 9, 2023," the bench said. The top court on January 16 had sought a response of the Centre on a batch of petitions pertaining to criminalisation of marital rape. One of the pleas has been filed in relation to the Delhi High Court's split verdict on the issue. This appeal has been filed by Khushboo Saifi, one of the petitioners before the Delhi High Court. The Delhi High Court on May 11 last year had delivered a split verdict on the issue.

SC to form bench to hear Bilkis Bano's plea against release of convicts

The Supreme Court on Wednesday agreed to constitute a special bench to hear a plea by Bilkis Bano, who was gang-raped during the 2002 Gujarat riots, against the remission of sentence of 11 convicts in the case. A bench of Chief Justice DY Chandrachud and justices PS Narasimha and JB Pardiwala assured Bano, represented through her lawyer Shobha Gupta, that the new bench will be formed. Gupta mentioned the matter for urgent hearing and said that a new bench needs to be constituted. "I will have a bench constituted. Will look at it this evening," the CJI said. Earlier, on January 24, the hearing on Bano's plea challenging the remission of sentence of 11 convicts in the gang-rape case by the Gujarat government could not be held in the top court as the judges concerned were hearing a matter related to passive euthanasia as part of a five-judge Constitution bench. Besides the plea challenging the release of the convicts, the gang-rape survivor had also filed a separate petition seeking

Constitution does not preclude Centre from abolishing state tribunals: SC

The Supreme Court on Tuesday said that provisions of the Constitution do not preclude the Centre from abolishing a state administrative tribunal (SAT) and upheld a decision to abolish Odisha Administrative Tribunal. The top court said that the public at large (or some sections of it) does not have a right to be heard before a policy decision is being taken. A bench of Chief Justice D Y Chandrachud and Justice Hima Kohli ruled that the Centre acted in valid exercise of its powers when it invoked Section 21 of the General Clauses Act read with Section 4(2) of the Administrative Tribunals Act to rescind the notification establishing the Odisha Administrative Tribunal (OAT) because the decision to establish the tribunal was an administrative decision and not a quasi-judicial decision. "Article 323-A does not preclude the Union Government from abolishing SATs because it is an enabling provision which confers the Union Government with the power to establish an administrative tribunal at i

SC to decide if electoral bonds need to be referred to bench on April 11

The electoral bond scheme was implemented by the Centre in 2018 as a source of political funding

Abolition of Odisha Administrative Tribunal constitutionally valid: SC

The Supreme Court Tuesday held that the abolition of the Odisha Administrative Tribunal was constitutionally valid. A bench headed by Chief Justice DY Chandrachud rejected the challenge to the decision by the tribunal bar association. "We hold that abolition of Orissa Administrative Tribunal (OAT) was constitutionally valid. Article 323A (dealing with Administrative tribunals) does not preclude the Union of India to abolish state administrative tribunals. The decision to abolish the tribunal is not violative of Article 14 of the Constitution," the bench also comprising Justice PS Narasimha said. The apex court was hearing an appeal filed by the Orissa Administrative Tribunal Bar Association against a high court order that upheld the notification issued by the Department of Personnel and Training of the central government on August 2, 2019, which abolished OAT. The high court had noted in its order that there was sufficient material to support the view of the state government that O

Clear all 'One Rank One Pension' dues by Feb 28 next year: SC tells Centre

The bench further added in three equal instalments by February 28, 2024, the dues should be paid to the remaining 10-11 lakh pensioners

Supreme Court directs market regulator to refund Rs 3 bn to NSE

The top court also refused to stay a tribunal order, which had set aside the regulator's ruling against NSE, the lawyers added

Air India urination: Complainant moves SC for strict compliance with SOPs

A 72-year-old woman, whose ordeal on an Air India flight in November when a co-passenger allegedly urinated on her had made headlines, has moved the Supreme Court seeking a direction to aviation regulator DGCA and airlines to frame SOPs to deal with such incidents. The woman said she was constrained to approach the court because Air India and the Directorate General of Civil Aviation (DGCA) failed to treat her with care and responsibility after the incident. "In addition, the wide-ranging national press reportage full of conjecture and surmises has severely undermined the petitioner's rights as a victim under Article 21 of the Constitution, and in fairness has also affected the rights of the accused as well. "Their rights to a free and fair trial have also been substantially affected due to a selective leaking of the 'AIR SEWA' complaint of the petitioner, the FIR and selective witness statements being released to the media to match specific narratives," she said in her plea. The .

Supreme Court fixes deadline to pay Rs 28k crore arrears under OROP scheme

Reducing the time limit to February 28, 2024, the SC bench headed by CJI Chandrachud gave the schedule for payment of arrears to different groups of pensioners under the OROP scheme

AI urination case: Victim moves SC for guidelines on unruly behaviour

The victim in the Air India urination case has moved the Supreme Court seeking a direction to the Director General of Civil Aviation and airline companies to frame regulations to address incidents

SC refuses to accept Centre's sealed cover note on payment of OROP dues

The Supreme Court on Monday refused to accept the Centre's sealed cover note about its views on the payment of One Rank One Pension (OROP) arrears to ex-service personnel. We need to put an end to this sealed cover practice in the Supreme Court... This is fundamentally contrary to basic process of fair justice, said a bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala. I am personally averse to sealed covers. There has to be transparency in court... This is about implementing orders. What can be secret here, the CJI said. The bench is currently hearing the Indian Ex-Servicemen Movement's (IESM) plea over payment of OROP dues. The top court, on March 13, came down heavily on the government for "unilaterally" deciding to pay OROP dues in four instalments. The defence ministry has recently filed an affidavit and a compliance note in the top court, giving the time schedule for payment of the arrears of Rs 28,000 crore to ex-servicemen for years 2019-2

SC agrees to hear pleas seeking CBI probe in Palghar lynching case

The Supreme Court Monday agreed to list for hearing pleas seeking a CBI probe into the alleged lynching of three people in Palghar district in April 2020, after it was apprised that the Maharashtra government has consented to the investigation by the agency. A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala was told by a lawyer appearing for one of the petitioners that the state government has also agreed for a CBI inquiry. The lawyer mentioned the matter saying the case can be heard and disposed of on any Friday or Monday. "We'll list it," the bench said. Earlier, in a change of stance, the Maharashtra government had told the Supreme Court it was ready to hand over to the CBI the investigation into the alleged lynching of three people, including two seers. The state government had earlier told the apex court that the Maharashtra Police has punished delinquent policemen for dereliction of duties in the alleged lynching incident and sought dismissal

Remarks against PM: SC to hear Congress leader Pawan Khera's plea on Monday

The Supreme Court is scheduled to hear on Monday a plea of Congress leader Pawan Khera seeking transfer and clubbing of FIRs lodged against him in Assam and Uttar Pradesh for allegedly making objectionable remarks against Prime Minister Narendra Modi. A bench headed by Chief Justice of India (CJI) D Y Chandrachud on Friday deferred the hearing on Khera's plea to March 20 after taking note of submissions that senior advocate A M Singhvi, appearing for the Congress leader, was unavailable. Solicitor General Tushar Mehta, appearing for Uttar Pradesh and Assam, urged the bench that the matter can be taken up for hearing on Monday instead of Friday. "Ok, we will take it up on Monday," said the bench, which also comprises justices P S Narasimha and J B Pardiwala. The apex court had earlier extended the interim bail of Khera, who was arrested by Assam Police in the case, till March 17. Earlier, Assam and Uttar Pradesh governments, in their separate affidavits, opposed Khera's plea seekin

ED files caveat in SC on K Kavitha's plea challenging summons against her

A Caveat application is filed by a litigant to ensure that no adverse order is passed against them without being heard

No appointment of SC judges in my tenure due to lack of consensus: Bobde

Former Chief Justice of India S A Bobde Saturday said no judges could be appointed in the Supreme Court during his 18-month tenure as the head of the judiciary since the collegium could not arrive at a consensus. Bobde said there have been times when no elevation of judges could take place for two or more years and it can happen in a human institution. Responding to a question that in his 18-month tenure as the CJI not a single appointment of judge took place, Justice Bobde said, Yes, so? There have been periods when you haven't had elevation for two years. You haven't had elevation for longer. What is so extraordinary about this? We couldn't arrive at a consensus. It can happen in the human institution. Justice Bobde was sworn in as the 47th CJI on November 18, 2019 and retired on April 23, 2021. The former judge, who was speaking at India Today Conclave, said, No, it is not because of the collegium system, it is because as a collegium we were unable to arrive at the consensus. It