Page 231 - Supreme Court

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

Collegium system not perfect but best available, says CJI Chandrachud

Not every system is perfect but this is the best system developed by the judiciary, Chief Justice of India D Y Chandrachud said on Saturday while defending the Collegium system of judges appointing judges, a major bone of contention between the government and judiciary. Speaking at the India Today Conclave, 2023, the CJI said the object of the Collegium system was to maintain independence and that can be done by insulating it from outside influences. "As the Chief Justice, I have to take the system as it is given to us... I am not saying every system is perfect but this is the best system we have developed. The object of this system was to maintain independence which is a cardinal value. We have to insulate the judiciary from outside influences if the judiciary has to be independent. That is the underlying feature of Collegium," Chandrachud said. Amid the tussle between the government and the judiciary, the CJI also responded to Law Minister Kiren Rijiju voicing displeasure over the

Govt should be responsible, not compulsive litigant: SC judge Maheshwari

Supreme Court judge Justice Dinesh Maheshwari Saturday said the government should act as a responsible and not compulsive litigant. He also asked tribunals to ensure their decisions bring finality to justice delivery. The top court judge, who was speaking as chief guest at an event here to commemorate 40 years of Customs, Excise and Service Tax Appellate Tribunal (CESTAT), said the executive should implement its litigation policy in a manner that it does not remain just a letter. He said clarity and finality in decision making by tribunals will reduce pendency of cases. Merely doing away with a few of low tax-effect matters will not be yielding the results which we are looking at. When we look at our litigation policy, we have to make those commitments there and particularly the mandates there that the government as a whole has to project itself and deal with the things as a responsible litigant rather than being a compulsive litigant, Justice Maheshwari said. Asserting that a cha

HC to ensure all essentials recorded in format of order in bail matters: SC

The Supreme Court has said high courts should endeavour to ensure that all basic essentials like FIR number, police station concerned and offences allegedly committed are recorded in the format of order in bail matters. The apex court said it has noticed that format of orders by various high courts in bail proceedings "differs significantly". While dealing with a matter of anticipatory bail arising out of an order of the Patna High Court, a bench of justices S R Bhat and Dipankar Datta noted that in many instances, the orders do not contain any description of the proceedings pending before the trial court there and at times, no advertence to the nature of the offence alleged in the FIR. "This court is of the opinion that in bail/anticipatory bail matters, high courts should endeavour to ensure that all basic essentials (i.e. FIR no., date, the concerned police station and the offences allegedly committed etc) are duly recorded or reflected in the format of the order," the bench said

Political background not absolute bar to appoint judge: Govt cites SC order

The government on Friday said in Lok Sabha that the Supreme Court has observed in a recent order that political background by itself has "not been an absolute bar" to appoint an otherwise suitable person as a judge. It also said "generally", it is not a practice to seek Research & Analysis Wing (R&AW) reports on proposals for appointment of judges in high courts and the Supreme Court except in "extraordinary circumstances, involving issues related to national security". In a written reply, Law Minister Kiren Rijiju said according to the Memorandum of Procedure for appointment of judges of high courts, the proposals recommended by High Court Collegiums are to be considered in the light of "such other reports/inputs as may be available" to the government for assessing the suitability in respect of the names under consideration. "Accordingly, IB (Intelligence Bureau) inputs are obtained and provided to the Supreme Court Collegium for making assessment on the recommendees," he ...

SC agrees to hear woman's plea claiming discrimination under Shariat law

The Supreme Court on Friday agreed to hear a plea filed by a Muslim woman who claimed the provision of Shariat law to the extent of not giving equal share to a female compared to a male is "discriminatory" and violative of the rights guaranteed under the Constitution. A bench of justices Krishna Murari and Sanjay Karol was hearing the appeal against the Kerala High Court's January 6 order filed by Bushara Ali, who claimed that it is her grievance that being a daughter, according to Shariat Law, she was only allotted half the shares as of her male counterparts. The bench issued notice to petitioner's 11 siblings which include four sisters. The plea, filed through advocate Bijo Mathew Joy, said Bushara is a decree holder in a partition suit whereby according to preliminary decree dated January 19, 1995, she was allotted 7/152 shares of the scheduled property having 1.44 acres each. Joy said that a status quo has also been ordered by the apex court. The plea filed by Bushara said, ..

Will take up issue of land allotment for lawyers' chambers with govt: SC

The Supreme Court on Friday said it would take up the issue of allotment of land for lawyers' chambers with the government. The top court was hearing a plea moved by the Supreme Court Bar Association (SCBA) to convert a land measuring 1.33 acres allotted to the top court for the construction of lawyers' chambers. A three-judge bench headed by Chief Justice DY Chandrachud asked SCBA president Vikas Singh as to how can a judicial order be passed to take over the land for allotment of chambers. "Lawyers are part of us.... But can we use our own judicial powers to safeguard our own people? It seems like the Supreme Court is exercising its own judicial powers to meet its own needs.... "We must trust the court to take it up on the administrative side with the government. A signal must not go to the government that we can bulldoze their authority by passing judicial orders," the bench, also comprising justices SK Kaul and PS Narasimha, said. The CJI said the government engages with the t

SBI loan fraud: SC stays HC order permitting pvt firm chairperson to travel

The Supreme Court has stayed a Bombay High Court order permitting Suman Vijay Gupta, the chairperson of a Mumbai-based private company, to travel to the UAE after taking note of a case in which she is accused of defrauding State Bank of India of Rs 3,300 crore. Gupta is the chairperson of Ushdev International Limited (UIL). A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha on Thursday took note of the submissions of Solicitor General Tushar Mehta that the law enforcement agencies have had a bad experience allowing economic offenders and fraudsters to go abroad on personal undertakings as they seldom honour their undertakings come back to face the proceedings here. "She is the chairperson of a company which took a loan of Rs 3,300 crore. The CBI is investigating (the case). After the loan was declared an NPA (non-performing asset), she renounced the citizenship of India and got the citizenship of Dominica," the top law officer said. A look out circular (LOC)

SC stays Bombay HC order permitting UIL Chairperson to travel abroad

Solicitor General Tushar Mehta mentioned the matter for urgent orders before a bench headed by Chief Justice of India D.Y. Chandrachud and comprising Justice P.S. Narasimha

How can Thackeray be reinstated when he resigned before floor test: SC

The Supreme Court wondered on Thursday as to how it can reinstate the Uddhav Thackeray government in Maharashtra when the chief minister had put in his papers even before facing the floor test, after the faction led by him pitched for setting aside the governor's June 2022 order to the CM to take a floor test. The Thackeray faction made vehement submissions before the court urging it to turn back the clock and restore the "status quo ante" (previously existing state of affairs) as it had done in 2016 when it reinstalled Nabam Tuki as the chief minister of Arunachal Pradesh. Senior lawyer Kapil Sibal, representing the Thackeray bloc, urged a five-judge constitution bench headed by Chief Justice D Y Chandrachud to rescind governor B S Koshyari's order for a floor test, a day after the apex court questioned his conduct in calling for a trust vote merely on the ground of differences between Shiv Sena MLAs. The bench took note of the submissions of senior advocate AM Singhvi, also ...

Recognition of CM Eknath Shinde-led faction well reasoned: EC tells SC

The Election Commission of India has told the Supreme Court it passed a "well reasoned" order recognising Maharashtra Chief Minister Eknath Shinde-led faction as the real Shiv Sena and allotting to it the original 'bow and arrow' symbol in its quasi-judicial capacity. The poll panel said it has become a functus officio (a body which has discharged its duty) in the case after the passing of the order. In its affidavit filed on a plea by Uddhav Thackeray challenging its order dated February 17, the Commission said, "It is stated that the answering respondent (EC) had passed the impugned order..in exercise of its quasi-judicial powers provided under paragraph of the Election Symblos (Reservation and Allotment) order, 1968." The poll panel said the apex court in a catena of cases had held where an order passed by a quasi-judicial body is under challenge before an appellate court, such a body need not be arrayed as a party to the appeal. "The answering respondent humbly submits that sin

Discontent in party not sufficient for governor to call for floor test: SC

Calling for a trust vote merely on the ground of differences between MLAs of a ruling party can topple an elected government, the Supreme Court observed on Wednesday, adding the governor of a state cannot lend his office to effectuate a particular result. "It will be a sad spectacle for democracy," a five-judge constitution bench headed by Chief Justice D Y Chandrachud said while taking forward the hearing on the events that unfolded during the June 2022 Maharashtra political crisis triggered by a revolt in the then undivided Shiv Sena by MLAs loyal to Eknath Shinde. The bench made the observations after Solicitor General Tushar Mehta, appearing for the Maharashtra governor, narrated the sequence of events and said there were various materials before the governor including a letter signed by 34 Shiv Sena MLAs, a letter from Independent lawmakers withdrawing support to the Uddhav Thackeray government, and another of the Leader of the Opposition that prompted him to order a trust ...

SC starts hearing on 2017 verdict on guidelines for sr advocate designation

The Supreme Court on Wednesday commenced hearing arguments on whether its 2017 verdict laying down guidelines for itself and high courts governing the exercise of designating lawyers as senior advocates require any tweaking. As soon as the hearing commenced before a bench headed by Justice S K Kaul, a lawyer told the court that a separate petition has been filed against the designation of lawyers as senior advocates and that plea should also be heard simultaneously. Advocate Mathews J Nedumpara told the bench that Chief Justice D Y Chandrachud had on Tuesday said the petition will be listed for March 20. "As and when the matter will come up, if it is listed before us, we will hear it," the bench, also comprising Justices A Amanullah and Aravind Kumar, said, adding the plea was not listed for hearing before it on Wednesday. Nedumpara said the petition has sought abolition of the practice of designating lawyers a 'Senior Advocates'. He alleged that majority of the senior advocates a

Passed 'well-reasoned order', EC tells SC on Shiv Sena symbol row

The Election Commission has told the SC it has passed a "well-reasoned" order, in a quasi-judicial capacity, allotting the name and party symbol of the Shiv Sena to Eknath Shinde faction

Same-sex marriages recognisable under Special Marriage Act: Legal experts

Using gender-neutral words like 'partner', 'spouse' are the key to sanctifying the concept under the 1954 law

Delhi excise scam: SC to hear K Kavitha's plea on ED summons on March 24

The Supreme Court on Wednesday agreed to hear on March 24 a plea by K Kavitha, Bharat Rashtra Samithi leader and daughter of Telangana Chief Minister K Chandrasekhar Rao, seeking protection from arrest and challenging the summons by the Enforcement Directorate in a money laundering case arising out of the alleged Delhi excise policy scam. A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha took note of the submissions by Kavitha, who is also a member of legislative council (MLC), and agreed to hear the plea on March 24. On March 11, the 44-year-old BRS leader deposed before the ED to record her statement and was summoned again on March 16 for questioning. "Can a woman be called to the office of the Enforcement Directorate? her lawyer said while seeking an urgent hearing of the plea. It is "completely against the law", the lawyer said. As per official sources, Kavitha, during the nine hours she spent at the ED office last week, was confronted with the stateme

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SC directs CPCB to ensure VRS installation at retail petroleum outlets

The Supreme Court on Tuesday directed the Central Pollution Control Board to ensure all retail petroleum outlets located in different cities having a population of more than 10 lakh and a turnover of over 300 kilolitres a month install Vapour Recovery System (VRS) mechanism within the fresh timeline prescribed by the CPCB. VRS is process which can arrest the release of harmful organic compounds from petroleum products. A bench of Justice Sudhanshu Dhulia and JB Pardiwala, while disposing of a batch of appeals filed by Indian Oil Corporation Ltd and others against an order of the National Green Tribunal, said the VRS mechanism shall be installed within the fresh timeline as prescribed by the CPCB in its June 4, 2021 circular. "The CPCB shall ensure that all the retail petroleum outlets located in different cities having population of more than 10 lakh and having turnover of more than 300 KL/Month shall install the VRS mechanism within the fresh timeline as prescribed in its circular

Bhopal gas tragedy: SC nixes Centre's plea for more compensation to victims

A Constitution Bench said that the sum of Rs 50 crore lying with the RBI shall be utilised by the Union of India to satisfy pending claims