Page 237 - Supreme Court

SC to hear on Feb 24 plea of Patna HC judges over closure of GPF accounts

The Supreme Court agreed to hear on Friday a plea by judges of the Patna High Court claiming that their General Provident Fund (GPF) accounts have been closed. The matter came before a bench of Chief Justice DY Chandrachud and Justices Krishna Murari and P S Narasimha. A lawyer mentioned the matter before the bench, saying GPF accounts of seven judges has been closed and sought early hearing in the matter. "What? GPF account stopped of judges? Who is the petitioner? List on Friday," the CJI said.

SC agrees to hear Uddhav Thackeray faction's plea against EC decision

The Supreme Court has agreed to hear on Wednesday the Uddhav Thackeray faction's plea challenging the decision of the Election Commission recognising the Eknath Shinde-led faction as the real Shiv Sena and ordering allocation of the "bow and arrow" poll symbol to it. Senior advocate Kapil Sibal, appearing for the Thackeray faction, mentioned the matter before a bench of Chief Justice DY Chandrachud and Justices Krishna Murari and P S Narasimha on Tuesday. If the EC order is not stayed then they will take over the symbol and the bank accounts. Please list it tomorrow before the Constitution bench, Sibal submitted. The top court said it needs to go through the case files and posted the matter for hearing at 3:30 pm on Wednesday The Election Commission on Friday had recognised the Eknath Shinde-led faction as the real Shiv Sena and ordered the allocation of the "bow and arrow" poll symbol to it. In a 78-page order on the protracted battle for control of the organisation, the Commissi

Uddhav faction moves SC over EC decision, hits out at 'Shinde faction'

The plea said that the poll panel "failed" to consider that his action enjoys a majority in the Legislative Council and Rajya Sabha

Shiv Sena's Thackeray faction moves SC against EC decision, alleges bias

The Uddhav Thackeray faction on Monday approached the Supreme Court challenging the decision of the Election Commission recognising the Eknath Shinde-led bloc as the real Shiv Sena and allotting the 'bow and arrow' poll symbol to it. Senior advocate Abhishek Manu Singhvi mentioned the matter before a bench headed by Chief Justice DY Chandrachud for an early listing of the petition. The CJI, however, refused to pass any order. "The rule applies equally to all, whether left, right or centre. Come tomorrow through proper process," the bench said. The plea filed by the Thackeray faction stated the points raised in the petition have a direct bearing on the issues which are being considered by the Constitution bench. The petition contended the poll panel erred in holding that disqualification under the Tenth Schedule and proceedings under the Symbols Order operate in different spheres and that disqualification of MLAs is not based on cessation of membership of a political party. It al

No one votes on the basis of candidates' educational qualifications: SC

No one in India votes on the basis of the candidates' educational qualifications, the Supreme Court observed on Monday while dismissing a plea against the election of the Bharatiya Janata Party's (BJP) Harsh Vardhan Bajpayee to the Uttar Pradesh Assembly in 2017. A bench of Justices KM Joseph and BV Nagarathna said most voters do not look at a candidate's educational background before exercising their franchise. "No one votes on the basis of educational qualifications in our country anyway," the bench observed orally. The remarks came while the bench was hearing a plea moved by Congress leader Anugrah Narayan Singh, seeking that Bajpayee's election be declared null and void as he had indulged in corrupt practices by not disclosing his correct educational qualifications. The Allahabad High Court rejected Singh's plea in September 2022 on the ground of being infructuous as Bajpayee's term had already ended in 2022. "Though allegations of corrupt practice were levelled against the ..

SC dismisses ex-IPS officer Sanjiv Bhatt's plea in 1996 drug seizure case

The Supreme Court on Monday dismissed a petition filed by former IPS officer Sanjiv Bhatt challenging a Gujarat High Court order which set a deadline for completion of trial in a 1996 drug seizure case. A bench of Justices BR Gavai and Aravind Kumar also imposed a cost of Rs 10,000 on Bhatt for filing a frivolous petition. The top court directed Bhatt to deposit the amount with the Gujarat State Legal Services Authority. The Petitioner rather than approaching this Court ought to have cooperated with the trial court for expeditious disposal. The grant of extension is matter for the trial court. The petition is found to be absolutely frivolous and costs of Rs 10,000 are imposed, the bench said. Senior advocate Devadatt Kamat, appearing for Bhatt, submitted that a number of witnesses have not yet been examined and directions, as issued by high court, will prevent the trial court from deciding the matter in a judicious matter. Senior advocate Maninder Singh, appearing for Gujarat, a

Delhi riots: SC refuses to interfere in AAP leader Tahir Hussain's case

The Supreme Court on Monday refused to interfere with the framing of charges against former AAP leader Tahir Hussain under anti-money laundering law in connection with the 2020 northeast Delhi riots. A bench headed by Justice V Ramasubramanian said at the stage of framing of charges, a court cannot get into details, which is to be seen at a later stage. The case is at the stage of framing of charges under the Prevention of Money Laundering Act (PMLA). Therefore we do not see reasons to interfere at this stage. It is made clear that the (trial) court will follow the law laid down by this court, said the bench also comprising Justice Pankaj Mithal. The top court was hearing the ex-councillor's appeal against the Delhi High Court order rejecting his petition which challenged the trial court order for framing charges against him under Sections 3 (offence of money laundering) and 4 (punishment for the offence of money laundering) of PMLA. Senior advocate Menaka Guruswamy, representing t

SC junks plea seeking uniform minimum age for marriage for men and women

The Supreme Court on Monday turned down a plea seeking uniform minimum age for marriage for both men and women, saying there are some matters which are reserved for Parliament and courts cannot enact a law. A bench headed by Chief Justice DY Chandrachud said the top court cannot issue a mandamus (an extraordinary writ) for parliament to legislate. We must defer to the Parliament. We can't enact law here. We should not perceive that we're the exclusive custodian of Constitution. Parliament is also a custodian, the bench observed while declining to allow the plea. The apex court was hearing a petition filed by advocate Ashwini Upadhyay seeking equality in the legal age of marriage for men and women. Men in India are permitted to get married at the age of 21, while the marriageable age for women is 18 years. The Petitioner seeks that women's age of marriage should be increased to 21 to be par with men. Striking down of provision will result in there being no age for marriage for wome

SC asks Delhi Police to file charge sheet in 2021 hate speeches case

The Supreme Court on Monday took note of the submission of the Delhi Police that the probe in a case of hate speeches made at religious assemblies in the national capital in 2021 was at an advanced stage, and asked them to place on record the charge sheet to be filed in the matter. A bench headed by Chief Justice D Y Chandrachud was told by Additional Solicitor General K M Nataraj, appearing for the Delhi Police, that they were expecting a Forensic Science Laboratory report on voice samples of accused. The law officer said the probe agency will be filing a charge sheet in the matter shortly. The additional solicitor general submitted that the investigation is now at an advanced stage. The report of the voice sample is expected soon from the forensic lab. A copy of the charge sheet be placed on records. The matter in the first week of April, the bench said in its order. Earlier on January 30, the city police had told the top court that the 2021 hate speeches matter was "substantiall

Adani vs Hindenburg row: SC refuses to accept petitioner's suggestion

The Supreme Court on Monday refused to take on record the suggestion of one of the petitioners and a report published by Forbes in a batch of PILs on the recent Adani Group shares crash triggered by the Hindenburg Research's fraud allegations. A bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala denied the request by the lawyer appearing for one of the petitioners. "No no we will not take it on record", the bench said. The top court on February 17 had refused to accept in a sealed cover the Centre's suggestion on a proposed panel of experts for strengthening regulatory measures for the stock market. Observing that it wants to maintain full transparency in the interests of investors, it said it would rather not accept the Centre's suggestion in a sealed cover. "We will not accept the sealed cover suggestion by you because we want to maintain full transparency," the bench had said. On February 10, the top court had said the interests of Indi

Parties in arbitration proceedings must learn to accept awards: SC judge

Parties involved in arbitration proceedings must learn to accept the arbitral award, instead of carrying on a battle through multi-tiered scrutiny, Supreme Court judge Justice Sanjay Kishan Kaul said on Sunday while hailing the fact that virtual court hearings have raised the level of efficiency. Justice Kaul said it is necessary to utilise the virtual system for which a vast infrastructure has been created and a large amount of money sanctioned by the government. "Parties must learn to accept (arbitral) awards and unfortunately, the public sector more so requires this and there is no need to carry a battle through two or three-tier scrutiny just to complete the formality. I think that is something I am sure the law minister will look into," the apex court judge said while speaking at the concluding session of the four-day "Delhi Arbitration Weekend". Union Law Minister Kiren Rijiju was the chief guest at the concluding session. Justice Kaul said the international arbitration ...

Law is not static but dynamic: SC judge stresses importance of learning

Stressing the importance of continuous learning, Justice B R Gavai of the Supreme Court said on Sunday that law is not static but dynamic and changes should be taken into account by legal practitioners. Justice Gavai was speaking at the closing ceremony of the 19th K K Luthra Memorial Moot Court at the Campus Law Centre of Delhi University. He said law students today are "lucky" as they get both legal and practical education and added that in his time, "law school was considered a last resort". According to a statement, "He stated that the practice of law is an eternal process of learning and that one must continue to learn until the end of one's career.... Law by its nature is not static but dynamic, and changes should be taken into account because the law and the Constitution are for the people." The Campus Law Centre hosted the moot court in the memory of noted jurist K K Luthra. The international moot court saw participation from 96 institutions from India and countries such a

Supreme Court weighs liability shield for internet giants like Google

Islamic State gunmen killed American college student Nohemi Gonzalez as she sat with friends in a Paris bistro in 2015, one of several attacks on a Friday night in the French capital that left 130 people dead. Her family's lawsuit claiming YouTube's recommendations helped the Islamic State group's recruitment is at the center of a closely watched Supreme Court case being argued Tuesday about how broadly a law written in 1996 shields tech companies from liability. The law, known as Section 230 of the Communications Decency Act, is credited with helping create today's internet. A related case, set for arguments Wednesday, involves a terrorist attack at a nightclub in Istanbul, Turkey, in 2017 that killed 39 people and prompted a suit against Twitter, Facebook and Google, which owns YouTube. The tech industry is facing criticism from the left for not doing enough to remove harmful content from the internet and from the right for censoring conservative speech. Now, the high court is .

Courts should balance between environment & development: Justice Sikri

Talking about development and environment, he said courts need to strike a delicate balance between the two while dealing with such matters

Top headlines: RBI to frame norms for GIFT, India loses 2.02 mn taxpayers

Business Standard brings you the top headlines at this hour

Virtual court hearings have increased efficiency, says Justice Kaul

Virtual court hearings have increased efficiency and it is necessary to utilise this system for which a vast infrastructure has been created and even large amount of money sanctioned by the government, Supreme Court Judge Justice Sanjay Kishan Kaul said on Sunday. Speaking at the concluding session of the four-day long Delhi Arbitration Weekend', Justice Kaul said when the world was hit by the COVID-19 pandemic, the international arbitration community shifted to the virtual system and gradually virtual or hybrid hearings will become a norm and physical hearings will become an exception. To keep the wheels of justice moving as much as possible, we introduced virtual hearing in courts and India being a developing country, faced infrastructural and connectivity issues but it did not take long for the stakeholders to find a way of operating efficiently, he said. Justice Kaul was speaking on the topic Arbitration Vision 2030: What the Future Beholds?' I would say the virtual system has

Redact name of sexual assault victim from order: SC tells Madras HC

The Supreme Court has directed the Madras High Court to redact the name of a sexual assault victim from its order. A bench of Justices Abhay S Oka and Rajesh Bindal took exception over the order of the Madras High Court disclosing the name of the victim in its order. "We find that in the impugned judgement, the High Court incorporated the name of the victim not once but many times. We direct the High Court to redact the name and then upload the order," the bench said. The top court was hearing a plea filed by the victim alleging that the HC erred in quashing the case against the accused at the outset on the ground that she was in a relationship with the accused for more than four years. The plea said the high court failed to appreciate that there ought to have been an opportunity for the investigating authorities to collect ample evidence and materials in support of the commission of the offence. The apex court had in 2018 held that name and identity of victims of rape and sexual

Former CJI UU Lalit backs Collegium system, says 'near-perfect model'

Former CJI Lalit said that they can be infirmities as some recommendations get dropped

RWAs hopeful that new Delhi mayor will address long-pending civic issues

With Delhi set to get a new mayor soon, the resident welfare associations (RWAs) of the city are hopeful that the long-pending civic issues would be addressed, certain policies would be re-drafted and the pending Local Area Development (LAD) funds would finally be released. The Supreme Court on Friday ordered the issuance of a notice within 24 hours for convening the first meeting of the Municipal Corporation of Delhi (MCD) to fix the date for the election of the mayor, the deputy mayor and the members of the standing committee. The RWAs expressed satisfaction over the Supreme Court order, saying they always wanted a mayor to be elected as soon as possible. Atul Goyal, president of the United Residents Joint Action of Delhi, said the city and the citizens are suffering in the absence of a mayor. The RWAs feel a lot of pending issues need to be addressed at the earliest -- be it those related to sanitation, encroachment, waterlogging or potholes. BS Vohra, president of the East Del

Adani-Hindenburg row: SC no to govt's sealed cover names for panel

Top court says says will set up a committee itself to ensure 'full transparency'