Page 243 - Supreme Court

Singapore CJ Sundaresh Menon shares bench with CJI Chandrachud in SC

Chief Justice of Singapore Sundaresh Menon on Friday sat on the Supreme Court of India bench headed by CJI D Y Chandrachud. Justice Menon, who has been serving as the fourth chief justice of Singapore since 2012, is in India to take part as the chief guest of a function to be held on Saturday to commemorate the 73rd anniversary of the establishment of the Supreme Court. The Singapore chief justice will deliver a lecture on the "Role of judiciary in a changing world" at the event which will feature a welcome address by Justice SK Kaul and an address by the chief justice of India as well. The Supreme Court of India came into existence on January 28, 1950, two days after India became Republic.

Centre changed law in 2021 to ensure all govt files are sent to Delhi LG

Delhi Chief Minister Arvind Kejriwal on Thursday said the Centre enacted a law in 2021 to ensure that all government files are sent to the lieutenant governor and expressed hope that the Supreme Court will strike down the "unconstitutional" law. The chief minister said the Constitution states that the LG is bound by the aid and advice of the Council of Ministers. "This is the same for the states of India, where the Governor is bound by the aid and advice of the Council of Ministers. The process was the same for Delhi until 2018, when the Supreme Court stated that the Lt Governor in Delhi is also bound by the aid and advice of the Council of Ministers. But in 2021, the central government unconstitutionally changed the law and stated that all the files of the Delhi government will have to be passed through the LG Office," he claimed. Accusing the LG of unnecessarily creating objections on all the decisions of the government, he said, "This was illegal and the central government has ..

Centre asked SC to finalise MoP for appointment of judges, says Rijiju

The government on Thursday said it has suggested to the Supreme Court that the search-cum-evaluation committee for the appointment of judges in the apex court and chief justices of high courts should consist of a representative nominated by the Centre. In a written reply to two separate questions in the Rajya Sabha, Law Minister Kiren Rijiju also said the Centre has not asked the Supreme Court to include a government nominee in the collegium for appointments to the higher judiciary. Rijiju said in a communication to the apex court January 6, the government has also emphasised the need to finalise the memorandum of procedure (MoP) in view of various judicial pronouncements. The MoP is a set of documents that guide the elevation, appointment and transfer of Supreme Court and high court judges. The minister said for the appointment of judges in the high courts, the committee should consist of a representative each nominated by the Centre and the respective state governments. The ...

Nobody taking action against hate speeches despite our orders, laments SC

The Supreme Court on Thursday lamented that nobody was taking action against hate speeches despite its orders, and observed that the top court will be left "embarrassed again and again" if it is asked to give further directions to curb such statements. The court's strong observations were made by a bench comprising Justice K M Joseph, Justice Aniruddha Bose and Justice Hrishikesh Roy when a plea seeking to prohibit an event scheduled to be held on February 5 by the Hindu Jan Akrosh Morcha in Mumbai was mentioned for an urgent hearing. The bench agreed to hear the plea on Friday subject to instructions and approval from Chief Justice D Y Chandrachud on the administrative side. "We are with you on this, but understand that the Supreme Court cannot be triggered every time there is a rally notified. We have already passed an order which is clear enough. Just imagine rallies happening all across the country. Every time there will be an application before the Supreme Court. How can that b

AgustaWestland scam: SC to hear bail pleas of Christian Michel James on Tue

The Supreme Court on Thursday said it would hear on February 7 the bail pleas of Christian Michel James, an alleged middleman in the AgustaWestland chopper scam in which the CBI and the ED have lodged two separate cases. The matter came up for hearing before a bench of Chief Justice DY Chandrachud and justices P S Narasimha and J B Pardiwala, which said the pleas would be heard next Tuesday. The Rs 3,600-crore alleged scam relates to the purchase of 12 VVIP helicopters from AgustaWestland. In May last year, the apex court had sought the responses of the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) on the bail pleas of James. During an earlier hearing, the counsel for the accused had said the case was covered under section 436A of the CrPC (maximum period for which an under trial prisoner can be detained) and James had served 50 per cent of the sentence for the offence allegedly committed by him. The accused was extradited from Dubai in December 2018 a

SC declines plea to bar candidates from contesting from more than one seat

The Supreme Court on Thursday declined to scrap a rule, which allows candidates to contest from more than one constituency in a general election

SC to hear plea against 'hate speech' event scheduled on Feb 5 in Mumbai

The Supreme Court on Thursday agreed to hear a plea seeking to prohibit an alleged hate speech event scheduled to be held on February 5 in Mumbai. A bench of Justice K M Joseph, Justice Aniruddha Bose and Justice Hrishikesh Roy said it will seek instructions from Chief Justice D Y Chandrachud and subject to his approval post the matter for hearing on Friday. "We are with you on this, but understand that the Supreme Court cannot be triggered every time there is a rally notified. We have already passed an order which is clear enough. Just imagine rallies happening all across the country. Every time there will be an application before the Supreme Court. How can that be feasible? "You ask us to be embarrassed again and again by getting an order. We have passed so many orders yet nobody is taking action. The Supreme Court should not be asked to pass an order on an event to event basis," the bench observed. The observation came after a lawyer mentioned the matter, saying the issue needs

Ex-Unitech promoters in SC seeks hearing on bail pleas in fraud case

Former Unitech promoters Sanjay Chandra and Ajay Chandra on Wednesday urged the Supreme Court that either their bail pleas be heard by it or they be allowed to move the trial court for securing relief in a financial fraud case in which they are in custody for over five years. During the hearing, the top court asked the Noida authority to process the layout and building plans of Unitech Group, without asking for the upfront payment of dues. A bench of Chief Justice D Y Chandrachud and Justice M R Shah was told by senior advocate Siddharth Dave, appearing for Chandra brothers, that both of them are lodged in jail for over five years and six months in the case lodged by Economic Offences Wing (EOW) of Delhi Police for financial fraud for which maximum sentence is seven years imprisonment. The bench asked what happened to the precondition of deposition of Rs 750 crore in the court for securing bail. Dave said that the condition was imposed in a plea for interim bail but now the charge

SC orders Whatsapp to make public its undertaking on 2021 privacy policy

Top court wants Indian users to know that they are under no obligation to accept the platform's 2021 privacy policy in order to be able to use it

Budget: FM proposes case management system to reduce litigation by I-T dept

In a bid to lessen litigation in tax disputes, Finance Minister Nirmala Sitharaman on Wednesday proposed a case management system where the Income Tax department would defer filing a lawsuit if an identical question of law is pending adjudication in high courts or the Supreme Court. Presenting the Union Budget for 2023-24 in the Lok Sabha, Sitharaman said a lot of time and resources are consumed in filing appeals involving identical legal issues pertaining to income tax. "Taking forward our policy of sound litigation management, I propose to provide that if a question of law in the case of an assessee is identical to a question of law which is pending in appeal before the jurisdictional high court or the Supreme Court, the filing of a further appeal in the case of this assessee by the department shall be deferred till such a question of law is decided by the jurisdictional high court or the Supreme Court," the minister said in her budget speech. She said litigation management is ...

Top headlines: Budget to push spending, Adani's FPO sails through, and more

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SC may wait for data protection bill before probing WhatsApp privacy policy

The top court observed that there was no harm in waiting for the bill to be tabled and "heavens are not going to fall in the meanwhile"

Armed forces can take action against their officers for adulterous acts: SC

The Supreme Court on Tuesday ruled that armed forces can take action against their officers for adulterous acts, as it clarified the landmark 2018 judgement that decriminalised adultery. A five-judge Constitution bench headed by Justice K M Joseph said its 2018 judgement was not concerned with the provisions of the armed forces acts. The top court, on a plea filed by NRI Joseph Shine, in 2018 had struck down Section 497 of the Indian Penal Code dealing with the offence of adultery, holding it unconstitutional. The Tuesday order by the bench, also comprising justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and C T Ravikumar came after Additional Solicitor General Madhavi Divan, appearing for the Centre, submitted a plea seeking clarification of the 2018 judgement. The Ministry of Defence (MoD) had moved the apex court for an exemption to armed forces from the September 27, 2018 judgement striking down adultery, saying it may hinder action against officers who indulge in such .

SC to consider govt's plea for open court hearing of petition on Benami law

The Supreme Court on Tuesday agreed to consider the Centre's submissions for an open court hearing of its plea seeking review of the judgement by which several provisions of the Benami Transactions (Prohibition) Amendment Act, 2016 were struck down. A three-judge bench headed by then CJI N V Ramana, since retired, on August 23 last year had struck down section 3(2) and section 5 of the Benami Transactions (Prohibition) Act, 1988, and one of the provisions which provided for the punishment of a maximum jail term of three years or a fine or both for those indulging in benami' transactions. The top court had also held that the amended Benami law of 2016 did not have retrospective application and the authorities cannot initiate or continue criminal prosecution or confiscation proceedings for transactions entered into prior to the coming into force of the legislation. The Centre, represented by Solicitor General Tushar Mehta, on Tuesday urged a bench comprising Chief Justice D Y ...

SC reserves verdict on plea of journalist Rana Ayyub against summons

The Supreme Court on Tuesday reserved its verdict on a plea of journalist Rana Ayyub challenging the summons issued by a special court in Ghaziabad in the money laundering case. A bench of Justice V Ramasubramanian and Justice J B Pardiwala said it will pass orders on the plea. During the hearing, advocate Vrinda Grover, appearing for Ayyub, submitted, "Can her personal liberty be deprived by a procedure not authorised by law?" She submitted that the Ghaziabad special court has no jurisdiction to try the offence as the alleged act is said to have been committed in Mumbai. Grover said the Enforcement Directorate (ED) has attached the journalist's personal bank account in a bank at Navi Mumbai in which around Rs 1 crore was lying. Solicitor General Tushar Mehta, appearing for the ED, said the prosecution complaint has been filed in the Ghaziabad court by the agency as part of the cause of action had arisen in Uttar Pradesh, where a lot of people, including from Ghaziabad, contribute

Delhi HC sends plea seeking minimum age for marriage for men, women to SC

Delhi High Court on Tuesday sent to the Supreme Court a petition seeking uniform minimum age for marriage for both men and women. A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was informed by the petitioner about the Supreme Court's January 13 order by which the present petition was transferred to the apex court itself. "In light of the aforesaid order, the matter is immediately transferred to the Supreme Court. The registry is directed to transmit the record immediately to the Supreme Court," the bench said. On January 13, the apex court transferred to itself the petition filed by advocate and BJP leader Ashwini Upadhyay, which was pending before Delhi High Court, seeking equality in the legal age of marriage for men and women. The plea before the apex court stated that it had been filed in order to avoid multiplicity of litigations and conflicting views on the interpretation of articles 14, 15 and 21 of the Constitution and judgments involving gend

Centre moves SC, seeks open court hearing on plea for review on Benami law

The Centre on Tuesday sought from the Supreme Court an open court hearing on its plea seeking review of the judgement by which several provisions of the Benami Transactions (Prohibition) Amendment Act, 2016 were struck down. A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha was urged by Solicitor General Tushar Mehta, appearing for the Centre, that the review plea be heard in open court keeping in mind the importance of the issue. This is an unusual request. We seek an open court hearing of the review. Due to this judgement, a lot of orders are being passed even though some of the provisions of the Benami Act was not even under challenge. Like the retrospectivity could not have been looked into (by the SC bench), the top law officer said. We will consider it, the CJI said. The top court, on August 23 last year, had struck down some provisions of the Benami law. One of the struck down provisions provided for the punishment of a maximum jail term of three ye

SC to hear pleas against BBC docu ban on Feb 6, Rijiju slams petitioners

The Supreme Court will hear next Monday pleas challenging the Centre's decision to block a controversial BBC documentary on Prime Minister Narendra Modi and the 2002 Gujarat riots even as Law Minister Kiren attacked the petitioners for "wasting precious time" of the top court. Taking note of the submissions of lawyer M L Sharma and senior advocate C U Singh, appearing for veteran journalist N Ram, TMC MP Mahua Moitra and activist lawyer Prashant Bhushan, seeking urgent listing of the petitions against the Centre's ban on the two-episode BBC series using its emergency powers, a bench headed by Chief Justice D Y Chandrachud said it will hear the matter on February 6. One of the petitioners also alleged that the ban on the documentary 'India: The Modi question' was "malafide, arbitrary and unconstitutional". Reacting strongly, Rijiju tweeted "this is how they waste the precious time of Hon'ble Supreme Court where thousands of common citizens are waiting and seeking dates for justice".

SC upholds NCLAT order on payment of dues to ex-employees of Jet Airways

In a setback to the Jalan-Fritsch consortium, the new owners of the cash-strapped Jet Airways, the Supreme Court on Monday upheld an NCLAT order directing the payment of the provident fund and gratuity dues of the airline's former employees. A bench of Chief Justice DY Chandrachud and justices PS Narasimha and JB Pardiwala said, "Anyone stepping in would know that there are overriding labour dues. Unpaid labour dues always take precedence. Somewhere, there has to be finality. Sorry, we will not interfere." The top court refused to entertain a plea moved by the consortium and upheld the National Company Law Appellate Tribunal's (NCLAT) order. At the outset, senior advocate Saurabh Kirpal, who appeared in the court on behalf of the consortium, said they will now have to put in an additional amount of more than Rs 200 crore and it would be difficult to revive the airline. He said once approved, the resolution plan cannot be modified or taken back. Senior advocate Siddharth Bhatnagar

SC refuses to entertain JKC plea on Jet Airways employees' dues

The consortium had moved the Supreme Court earlier this month challenging the NCLAT Order of October 21, 2022