Page 244 - Supreme Court

Inherent powers of high courts should be exercised with care, says SC

The inherent powers of high courts under section 482 of the Code Of Criminal Procedure (CrPC) should be exercised with care, caution and sparingly, the Supreme Court said on Monday. A bench of justices Ajay Rastogi and CT Ravikumar made the observation while quashing and setting aside an FIR registered against a woman and others under sections 323 (voluntarily causing hurt), 406 (criminal breach of trust), 420 (cheating) and 120B (criminal conspiracy) of the Indian Penal Code (IPC). "There can be no doubt with respect to the position that the jurisdiction under section 482, CrPC is to be exercised with care and caution and sparingly.... The exercise of the said power must be for securing the ends of justice and only in cases where a refusal to exercise that power may result in an abuse of the process of law," the bench said. The top court was hearing an appeal challenging a Calcutta High Court order that refused to quash the FIR against the accused in connection with the management

SC to hear pleas against laws regulating religious conversions on Feb 3

The Supreme Court on Monday said it would hear on February 3 a batch of pleas challenging controversial state laws regulating religious conversions due to interfaith marriages. A bench comprising Chief Justice DY Chandrachud and justices PS Narasimha and JB Pardiwala noted that a transfer plea was mentioned in the morning. "We can list it, issue notice and hear it together. The transfer petition will also be numbered by then. The attorney general can also examine. We will hear all on Friday," the bench said. During the brief hearing, senior advocate CU Singh, appearing in the court on behalf of NGO "Citizens for Justice and Peace" of activist Teesta Setalwad, submitted that people cannot get married due to these state laws and the situation is very grave. Attorney General R Venkataramani submitted that these are state legislations that have been challenged before the apex court and the high courts concerned should hear the cases. The top court had earlier asked the parties challen

Sikkim to file review petition in SC for Sikkimese Nepali community: Tamang

Sikkim Chief Minister Prem Singh Tamang on Monday said his government will file a review petition in the Supreme Court with a prayer for rectification of its "inadvertent mention of the Sikkimese Nepali community as foreigners" in an order two weeks ago. "Let me reiterate and reassure that no injustice will be meted out to anyone with regard to the inadvertent mention of Sikkimese Nepali Community as foreigners in the observation part and not in the judgment part of the verdict of Hon'ble Apex Court in the matter of income tax exemption for the old settlers of Sikkim," he said in a social media post. "I express my solidarity not only with Sikkimese Nepali Community but with all the communities of our dear state. We all are one, and will always remain united," Tamang said. The state government has already initiated steps for filing the review petition for addressing the concerns of the Sikkimese Nepali community, the chief minister said. Tamang said he has already spoken to Union La

Those moving SC against BBC documentary ban wasting its time, says Rijiju

Law Minister Kiren Rijiju on Monday hit out at those moving the Supreme Court challenging the Centre's decision to block a BBC documentary on the 2002 Gujarat riots, saying this is how they "waste" precious time of the top court. Responding on Twitter to news reports that veteran journalist N Ram, activist lawyer Prashant Bhushan and others have moved the Supreme Court challenging the Centre's decision to block the documentary "India: The Modi Question" on social media, Rijiju said that "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". A bench headed by Chief Justice D Y Chandrachud on Monday took note of the submissions of lawyer M L Sharma and senior advocate C U Singh, appearing for N Ram and Bhushan, seeking urgent listing of their separate PILs on the issue. On January 21, the Centre issued directions for blocking multiple YouTube videos and Twitter posts sharing links to the ...

'Final report almost ready', Delhi Police to SC in hate speech case

A bench headed by Chief Justice of India D.Y. Chandrachud and comprising Justices P.S. Narasimha and J.B. Pardiwala gave three weeks' time to the police to inform it about the preventive steps taken

Supreme Court judges observe two minutes of silence to mark Martyrs Day

The Supreme Court on Monday observed two minutes of silence on 'Martyrs Day'. All the judges stood in silence halting proceedings till a bell was sounded to conclude it after two minutes. 'Martyrs Day' is observed on January 30 in the memory of Mahatma Gandhi's sacrifice. He was assassinated on that day in 1948.

Delhi HC sends to SC pleas seeking recognition for same-sex marriages

The Delhi High Court on Monday sent to the Supreme Court a batch of petitions seeking to recognise same-sex marriages under various laws. A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad passed the order after it was informed by the counsel appearing in the matter that the Supreme Court has transferred to itself all petitions pending in various high courts involving the same issue. In light of the apex court's January 6 order, the high court bench directed its registry to transfer the case files immediately to the Supreme Court. The high court has been hearing a batch of petitions filed by several same-sex couples seeking a declaration to recognise their marriages under the Special Marriage Act, the Hindu Marriage Act, and the Foreign Marriage Act. Eight petitions have been filed in the high court on the issue. The top court's five-judge Constitution bench, in a path-breaking unanimous judgement delivered on September 6, 2018, had held that consensual

SC agrees to hear PILs on BBC's documentary on 2002 Gujarat riots

The Supreme Court on Monday agreed to hear pleas challenging the Centre's decision to block a BBC documentary on the 2002 Gujarat riots. A bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and J B Pardiwala took note of the submissions of lawyer M L Sharma and senior advocate C U Singh seeking urgent listing of their separate PILs on the issue. At the outset of the proceedings, lawyer Sharma, who has filed a PIL in his personal capacity, mentioned the plea, saying that people were being arrested. "It will be listed on Monday," the CJI said. Senior advocate C U Singh mentioned a separate plea on the issue filed by veteran journalist N Ram and activist lawyer Prashant Bhushan. He mentioned how the tweets by Ram and Bhushan were deleted allegedly by using emergency powers. He also said that students in Ajmer were rusticated for streaming the BBC documentary. "We will list," the CJI said. Lawyer Sharma filed the PIL against the Centre's decision to block the .

Put conversion matter before five-judge bench, says fresh application in SC

A fresh application has been moved before the Supreme Court urging that the matters related to alleged forcible religious conversions be taken up by a larger bench of five judges as they involve the interpretation of the Constitution. A three-judge bench headed by Chief Justice DY Chandrachud is scheduled to hear the batch of pleas on Monday against anti-conversion laws of several states regulating religious conversion due to interfaith marriages and on matters related to alleged forcible conversions. The fresh application is filed by advocate Ashwini Upadhyay, who is among the petitioners. He has asked the court to refer the petitions to a larger bench saying there are several questions of laws involved which require the interpretation of the Constitution. He raised questions like whether the previous judgments of this Court interpreting Article 25(1) of the Constitution are grossly erroneous in so far as they upheld the word propagate would include entitlement to convert. "Whethe

You are bound to follow collegium decision: former SC judge to Rijiju

This comes after Kiren Rijiju criticized the SC's collegium system of seeking RAW and IB inputs on the appointment of judges in the High Courts

Plea in SC seeks direction to empower citizens to petition Parliament

A plea has been filed in the Supreme Court seeking a direction to the Centre and others to take steps to create an appropriate system which empowers citizens to petition Parliament and seek initiation of deliberations on issues highlighted by them. The plea came up for hearing on Friday before a bench comprising justices K M Joseph and B V Nagarathna. The bench asked the counsel appearing for petitioner Karan Garg to serve a copy of the plea to the Centre's lawyer and posted the matter in February. Advocate Rohan J Alva appeared for the petitioner. The plea has sought a declaration that it is the fundamental right of citizens under Articles 14, 19(1)(a) and 21 of the Constitution to directly petition Parliament to seek initiation of a debate, discussion and deliberation on the issues highlighted by them in their petitions. "The present writ petition prays that it is imperative for the respondents (Centre and others) to take substantive steps in order to ensure that citizens can ha

From BBC documentary to Hindenburg, the political fallout remains unclear

The chances are that as the din over the Karnataka election gathers steam, these things will be quickly forgotten

SC refuses to pass order on plea against Lalit Modi's 'scurrilous' remarks

The Supreme Court on Friday refused to pass any order on a plea alleging that former IPL commissioner Lalit Modi made "scurrilous" remarks against former attorney general and senior advocate Mukul Rohatgi in a social media post. A bench of Justices Sanjiv Khanna and M M Sundresh said parties are mature enough not to make such statements and asked the lawyers to sort out the issue. "It is nothing but extension of outburst of a family member. Don't take it too far. Whenever you start fighting out in public, it is always detrimental...We are not passing orders but you use your good office to ensure that remedial measures are taken," the bench observed orally. On August 1 last year, the Supreme Court appointed former apex court judge Justice R V Raveendran as a mediator to settle a family property dispute involving the former IPL head and his mother Bina Modi. Senior advocate Rohatgi is one of the counsels representing Bina Modi in the vexatious property dispute. At the outset, senior

Google employing 'delaying tactics' and exploiting loopholes, say startups

Indian startups said that the company is using the same "playbook" it employed in Europe and South Korea

Delhi mayor stand-off: AAP's Shelly Oberoi moves SC to seeks timely polls

Aam Aadmi Party's mayoral candidate Shelly Oberoi moved the Supreme Court on Thursday demanding the mayoral election be conducted in a time-bound manner, party officials said. The Delhi mayor election was stalled on Tuesday for the second time this month as the House was adjourned indefinitely by the LG-appointed presiding officer following a ruckus by some councillors. Accusing the BJP of hooliganism and halting Municipal Corporation of Delhi (MCD) House proceedings, AAP National spokesperson Saurabh Bharadwaj said that the Leader of the House Mukesh Goel and mayor candidate Shelly Oberoi approached the top court to allow the mayoral elections be conducted in a time-bound manner. The case is likely to be taken up on Friday, AAP leaders said. Bharadwaj said that the party has also sought prohibition on voting by aldermen as per law. We have placed two major demands in the Supreme Court, the first is to elect the mayor in a time-bound manner and form the government in the MCD. Seco

Operating rules

Changes in Android will have far-reaching consequences

AAP moves SC seeking mayoral polls in Delhi, barring aldermen from voting

The Aam Aadmi Party has moved the Supreme Court over the repeated adjournments of mayoral polls in Delhi

Lapse of time between injury, death doesn't reduce liability in murder case

The Supreme Court has ruled that when a victim dies after a lapse of considerable time due to injuries inflicted by an accused, it would not diminish the liability of the perpetrator in a murder case

The Supreme Court's supremacy

It should not be challenged, yet judges should not select judges

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