Page 253 - Supreme Court

SC stays NGT order directing Rajasthan to pay environmental compensation

In a major relief to the Rajasthan government, the Supreme Court on Friday stayed the National Green Tribunal's order directing it to pay Rs 3,000 crore as environmental compensation for alleged improper management of solid and liquid waste in the state. A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha took note of the submissions of senior advocate Manish Singhvi, appearing for the Rajasthan government, and stayed the operation of the tribunal's September 15 order. "The order shall not be construed as obviating the duty of the state to comply with all other directions and to report compliance to the tribunal," it said. Singhvi, during the brief hearing, said Rajasthan has taken steps in this regard. "That the present statutory civil appeal is being filed... against the interim order dated September 15, 2022, passed by the National Green Tribunal (NGT)... in original application... whereby the learned NGT in the impugned order has stated that total Rs 3,00

No SC benches to be available during two-week winter break: CJI Chandrachud

Chief Justice of India D Y Chandrachud on Friday said no Supreme Court bench will be available from December 17 till January 1 during the ensuing winter vacations. The CJI's announcement made in the apex court assumes significance in the wake of Union Law Minister Kiren Rijiju's statement in Rajya Sabha on Thursday in which he said there was a feeling among the people that long court vacations were not very convenient for justice seekers. "There will be no benches available from tomorrow till January 1," Justice Chandrachud informed the lawyers present in the courtroom at the outset. Friday is the last working day of the top court before it goes on a two-week winter break. The apex court will reopen on January 2. The issue regarding court vacations has been raised earlier also but judges, including former CJI N V Ramana, had said there is a misconception that judges stay in ultimate comfort and enjoy their holidays. Delivering the inaugural Justice SB Sinha Memorial Lecture on 'Li

SC to go paperless with 'Advocate Appearance Portal' from Jan 1, 2023: CJI

In yet another step towards digitisation and making the Supreme Court a paperless court, Chief Justice of India D Y Chandrachud on Friday announced that from New Year, advocates will not be required to file appearance slip manually but would log into Advocate Appearance Portal' to mark their presence. Presently, advocates write their names, along with details like the case and its serial number on a prescribed paper form, to mark their presence in a hearing to ensure that their names get reflected in court orders or judgements. We are streamlining the process of appearance memos. Exactly, what is uploaded by the lawyers, we will get it. The court masters will not have to type it, the CJI said at the start of the judicial proceedings on Friday. Later in the day, the apex court issued a statement stating that manual filing of advocate appearance slip will be a history. On the first working day of the Year 2023; AOR may submit an Appearance Slip through the new portal. The appearance

SC directs UPSC, Bihar Govt to finalise Director-General of Police

The Supreme Court on Friday directed the Union Public Service Commission (UPSC) and the Bihar Government to finalise expeditiously the name of the Director-General of Police (DGP) of the state

Personal liberty is precious, inalienable right, no case is small: SC

The right to personal liberty is a precious and an inalienable right and by attending to grievances alleging its violation the Supreme Court performs its plain constitutional duty, obligation and function; no more and no less, a bench led by Chief Justice of India D Y Chandrachud-led said on Friday. The observation came two days after Law Minister Kiren Rijiju said the Supreme Court should not be hearing "bail applications and frivolous PILs" when pendency of cases is so high. "What are we here for if we do not listen to our conscience?" the bench, also comprising Justice P S Narasimha, said while dealing with the plea of a man from Uttar Pradesh called Iqram who was to suffer a jail term of 18 years in nine minor cases of theft of electrical equipment of the state electricity department. No case is small for the Supreme Court, the bench said. The top court set aside an Allahabad High Court order and directed that Iqram's jail term of two years each in nine cases would run ...

PILs increasingly used to target infrastructure projects, says SC

Public interest litigation (PIL) matters are being increasingly used to target infrastructure projects, the Supreme Court observed on Friday while refusing to entertain a plea challenging the re-development of a plot of land in Mumbai. "The PILs could become an instrument of blackmail when it is an issue of an infrastructure project. This actually makes a plank to target such projects. The (Bombay) High Court has actually smelled the rat here. This is happening across Delhi, Mumbai....," a bench of Chief Justice D Y Chandrachud and Justice P S Narasimha said. The top court was hearing an appeal against the dismissal of a plea by the Bombay High Court challenging the redevelopment of a plot of land at Mumbai's Worli. It concurred with the high court's findings that the PIL was filed to target the project. "When a particular property is targeted in a PIL, the high court is often aware why the party has approached it. The idea is to target one project and the high court often knows wh

Nirav Modi loses bid to go to UK Supreme Court against extradition to India

Fugitive jeweller and designer had fled India in early 2018, days before the details of his alleged role in large-scale fraud at the Punjab National Bank became public

After SC rap, DMRC launches Rs 7,100 crore rights issue for RInfra dues

Transporter asks Centre, Delhi govt to infuse equity of Rs 3,500 crore each

Circumstantial evidence enough to hold public servant guilty of graft: SC

Five-judge Constitution bench lists terms for cases related to Prevention of Corruption Act

Circumstantial evidence enough to convict public servants for graft: SC

SC holds that direct evidence of demand for bribe by public servants is not necessary to convict them under the Prevention of Corruption (PC) Act

Supreme Court grants bail to convict in Godhra train coach burning case

The Supreme Court on Thursday granted bail to a convict serving life imprisonment in the 2002 Godhra train coach burning case, noting that he has been in jail for the last 17 years. A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha took note of the submission of a lawyer, appearing for one of the convicts, Faruk, that he be granted bail considering the period undergone till now. The appeals against the conviction of several convicts are pending adjudication in the apex court. Solicitor General Tushar Mehta, appearing for the Gujarat government, said it was the most heinous offence in which 59 people, including women and children were burnt alive and there was a need to hear the appeals of the convicts at the earliest. Faruk along with several others was convicted for pelting stones at the coach of the Sabarmati Express. Mehta said usually stone pelting is an offence of minor nature. However, in the instant case, the train coach was bolted and stones were .

Public servants can be held for corruption on circumstantial evidence: SC

The Supreme Court on Thursday said a public servant can be convicted for illegal gratification in a corruption case on the basis of circumstantial evidence when there is no direct oral or documentary evidence against them. A five-judge Constitution bench headed by Justice S A Nazeer said complainants as well as the prosecution should make sincere efforts so that corrupt public servants are brought to book and convicted so that the administration and governance become unpolluted and free from corruption. "In the absence of evidence of complainant (direct or primary), it is permissible to draw an inferential deduction of culpability," the bench, also comprising justices B R Gavai, A S Bopanna, V Ramasubramanian and B V Nagarathna, said. The top court said that even if direct evidence of the complainant is not available, owing to death or other reasons, there can be conviction of the public servant under the relevant provisions. "In the event the complainant turns hostile or has died

Law for enforcement of arbitral award no different for govt: SC to DMRC

Comment follows non-payment of Rs 4,500 cr by Delhi Metro Rail to Reliance Infra, out of a total Rs 7,200 cr in an arbitral award passed by the top court

Set up Pennaiyar river water dispute tribunal within 3 months: SC to Centre

The Supreme Court on Wednesday asked the Centre to constitute within three months the Pennaiyar River Water Tribunal to resolve the dispute over the sharing of water between Karnataka and Tamil Nadu

Supreme Court to examine if tariff determined under PPA can be revised

The Supreme Court on Wednesday sought the response of Tata Power to an appeal filed against the Andhra Pradesh High Court order which held that tariff determined under long-term Power Purchase Agreement (PPA) cannot be revised by a State Electricity Regulatory Commission. A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha issued notice to Tata Power Renewable Energy Limited on the appeal filed by Andhra Pradesh Southern Power Distribution Company Limited. "Issue notice returnable on February 10, 2023. Short written notes of submissions, if any, be filed in the meantime," the bench said. The power distribution company has in its plea filed through advocate Mahfooz A Nazki said the finding of the high court is ex facie (on the face of it) contrary to the specific provisions of the Electricity Act. "The High Court has erred in not appreciating that a PPA is not a contract simpliciter as envisaged under the Indian Contract Act, 1872 but is a regulated contract .

Bilkis Bano plea: SC refuses submissions seeking early setting up of bench

The Supreme Court on Wednesday refused to entertain submissions seeking early setting up of a fresh bench to hear Bilkis Bano's plea challenging the remission of sentence of 11 convicts by the Gujarat government in her gangrape case. A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha was urged by lawyer Shobha Gupta, appearing for Bano, that another bench should be constituted to hear the case. "The writ (petition) will be listed. Please, do not keep mentioning the same thing again and again. It is very irritating," the CJI said. The lawyer said that though the petition was listed Tuesday, it was not taken up for hearing. "It will be listed. The review (plea) was also circulated yesterday," the CJI said. Meanwhile, Supreme Court judge Bela M Trivedi on Tuesday recused herself from hearing a plea filed by Bano. "List the matter before a bench in which one of us is not a member," the bench headed by Justice Rastogi ordered without specifying any reason for

Same-sex marriage: SC seeks Centre's reply on transferring pleas to itself

The Supreme Court on Wednesday sought a response from the Centre to two pleas seeking transfer to the apex court the petitions pending in the Delhi High Court seeking directions to recognise same-sex marriages. A bench comprising Chief Justice D Chandrachud and Justice P S Narasimha took note of the submissions of senior advocate Menaka Guruswamy that the pleas relate to the fundamental right to equality. Issue notice, the bench said. The bench was hearing separate transfer petitions filed by Kavita Arora and Nibedita Dutta. The top court had on November 25 taken note of two pleas by two gay couples seeking enforcement of their right to marry and a direction to the authorities to register their marriage under the Special Marriage Act. The court had also sought the assistance of Attorney General for India R Venkataramani in dealing with the two pleas. The first plea was filed by gay couple Supriyo Chakraborty and Abhay Dang who live in Hyderabad. The second petition has been file

SC refuses early set up of bench for Bilkis Bano's plea against convicts

The Supreme Court on Wednesday refused to entertain submissions seeking an early setting up of a fresh bench to hear Bilkis Bano's plea challenging the remission of sentence of 11 convicts by the Gujarat government in her gang-rape case A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha was urged by lawyer Shobha Gupta, appearing for Bano, that another bench was needed to be constituted to hear the case. The writ (petition) will be listed. Please, do not keep mentioning the same thing again and again. It is very irritating, the CJI said. Supreme Court judge Bela M Trivedi on Tuesday recused herself from hearing a plea filed by Bano. The CJI will now have to set up a fresh bench, to which Justice Trivedi will not be a part, to hear Bano's case. All the 11 convicts were granted remission by the state government and released on August 15 this year. Bilkis Bano was 21-years-old and five months pregnant when she was gang-raped while fleeing the riots that brok

SC collegium recommends 3 chief justices, 2 judges of HCs for elevation

The five judges who have been recommended by the six-member Collegium led by Chief Justice of India D Y Chandrachud for elevation as apex court judges include three chief justices and two judges of different high courts. The Collegium's recommendations, if accepted by the Centre, will raise the total number of judges in the apex court to 33 against the sanctioned strength of 34, including the CJI. The five judges whose names have been recommended are Justice Pankaj Mithal, Justice Sanjay Karol, Justice P V Sanjay Kumar, Justice Ahsanuddin Amanullah and Justice Manoj Misra. Of them, the senior-most is Justice Pankaj Mithal who took over as Chief Justice of Rajasthan High Court on October 14 this year. Born on June 17, 1961, Justice Mithal is a 1982 commerce graduate from Allahabad University. He completed his LLB in 1985 from Meerut College and enrolled as an advocate in the Bar Council of Uttar Pradesh the same year. He started practising in Allahabad High Court in 1985 and served

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