Page 254 - Supreme Court

Shapoor Mistry lone representative on boards of family investments firms

Both firms own 18.4% stake in Tata Sons

SC judge recuses from hearing Bilkis Bano's plea against convicts' release

Supreme Court judge Bela M Trivedi on Tuesday recused herself from hearing a plea filed by Bilkis Bano, who was gang-raped and seven members of her family killed during the 2002 Gujarat riots, challenging the remission of sentence of 11 convicts in the case by the state government. As soon as a bench of justices Ajay Rastogi and Bela M Trivedi sat for the day, Justice Rastogi announced his sister judge will not like to hear the case. "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 the recusal of justice Trivedi. Advocate Shobha Gupta, appearing for Bilkis Bano, said her only predicament is that winter vacation of the court is approaching and she wants the matter to be heard at an earlier date. The top court said that a new bench will be constituted and the matter will be taken up thereafter. Gupta told the bench that when the matter is taken up, she would like to press her applicatio

Citizenship law row: SC asks lawyers to decide issues for adjudication

The Supreme Court on Tuesday asked the counsel for the contesting parties to decide issues for adjudication in a batch of petitions challenging the constitutional validity of Section 6A of the Citizenship Act relating to illegal immigrants in Assam. A five-judge Constitution bench headed by Chief Justice D Y Chandrachud took note of the submissions of senior advocate Kapil Sibal, appearing for one of the petitioners, that the petitions needed to be segregated and the issues needed to be formulated for adjudication. The bench, also comprising justices M R Shah, Krishna Murari, Hima Kohli, and P S Narasimha, agreed to the submissions that the petitions be kept for directions on January 10 next year for issuing the directions with regard to laying down parameters for the hearing. We are going to resolve how the matters have to be segregated. We will sit together and resolve this. Just put it on after vacation, Sibal said. The counsel would segregate the cases which fall for decision .

Special board to consider 246 women Army officers for promotion: Centre

The Centre on Tuesday told the Supreme Court a special selection board has been convened from January 9 to consider around 246 women Army officers for promotion. Senior advocate R Balasubramanian, appearing for the Centre, informed a bench of Chief Justice D Y Chandrachud and Justice P S Narasimha that the special selection board-III will consider the issue of promotion of these officers. "We are seized of the matter. They are saying special selection board will be over by January 23. We will keep it after January 24," the bench noted and posted the matter for further hearing on January 30. The apex court said the respondent shall file an updated report before it setting out the results of the special selection board. The top court was hearing a plea by 34 women Army officers who have alleged junior male officers are being considered over them for promotions to perform "combat and commanding roles" in the force. While hearing the matter on December 9, the apex court had asked the

SC grants anticipatory bail to Raj Kundra, others in pornography case

The Supreme Court on Tuesday granted anticipatory bail to businessman Raj Kundra and others, including actors Sherlyn Chopra and Poonam Pandey, in connection with an FIR against them for allegedly distributing pornographic videos. A bench of Justices K M Joseph and B V Nagarathna also directed Kundra and the other accused to cooperate in the investigation. "Having heard the counsel for the parties, we are of the view that the petitioners may be granted anticipatory bail," the bench said. Senior advocate R Basant, appearing for one of the petitioners, submitted that a chargesheet has already been filed in the case and the accused are cooperating with the police in the investigation. The top court had earlier granted interim protection from arrest to Kundra in the case. Kundra had been booked under relevant sections of the Indian Penal Code, Indecent Representation of Women (Prevention) Act and Information Technology Act for allegedly distributing/ transmitting sexually explicit ...

SC slams DMRC over non-payment of Rs 4,500 crore to Reliance Infra

There are public speeches on making India an international arbitration hub but the court's order not enforced, says bench

How long can he be in jail: SC on Mishra's bail plea Lakhimpur Kheri case

While hearing a bail plea filed by Ashish Mishra, prime accused in the 2021 Lakhimpur Kheri violence incident, the SC observed that balance has to be struck between the rights of victims' and accused

SC seeks Centre's response on plea against fresh extension to ED Director

The Supreme Court on Monday sought the response from the Centre and others to a plea challenging the third extension granted to Enforcement Directorate (ED) chief Sanjay Kumar Mishra. A bench of Justices B R Gavai and Vikram Nath issued notices to the Union of India, Central Vigilance Commission and the ED director on a plea filed by Congress leader Jaya Thakur. "Issue notice returnable in six weeks," the bench said. The plea accused the central government of destroying the "basic structure" of democracy by misusing the enforcement agencies against its political opponents. "The impugned extension of tenure of Respondent No.2 (Mishra) is destroying the democratic process of our country, hence the present writ petition has been filed by the petitioner which may kindly be allowed in the interest of justice," the plea, filed through advocates Varun Thakur and Shashank Ratnoo, said. The Congress leader said the top court had passed a specific order that no further extension shall be ..

A new legislation for women's representation: The need of the hour

Bifurcating constituencies into two separate sections - each to be represented by a man and a woman respectively - can be accomplished within a few months

Where is the confrontation with the judiciary possibly headed?

The SC had declared NJAC Act unconstitutional, arguing that the primacy of the judiciary in judicial appointments was embedded in the 'basic structure' of the Constitution

Verdict is out: High Court appointments at 9-year high, shows data

At the SC, against a sanctioned strength of 34, 27 judges, including the Chief Justice of India, are working

Centre notifies appointment of Justice Dipankar Datta as SC judge

The central government has notified the appointment of Bombay High Court Chief Justice Dipankar Datta as a judge of the Supreme Court.

SC gives anticipatory bail to Amazon Prime Video India head Aparna Purohit

The Supreme Court has granted anticipatory bail to Amazon Prime Video's India head Aparna Purohit in FIRs lodged over the web series "Tandav". A bench of justices Sanjiv Khanna and M M Sundresh granted the relief after noting that Purohit has been cooperating in the investigation. "In view of the statement made, we confirm the interim order and direct that in the event of the appellant Aparna Purohit being arrested, she shall be released on bail by the arresting officer/trial court on terms and conditions to be fixed by the trial court," it said. Senior advocates Mukul Rohatgi and Sidharth Luthra, appearing for the petitioner, told the court that Purohit is cooperating in the investigation. The top court had earlier on March 5, 2021, granted interim protection from arrest to Purohit. She has been accused of inappropriate depiction of Uttar Pradesh Police personnel, Hindu deities and an adverse portrayal of a character playing the prime minister in the web series. Earlier, the ape

SC stays NGT order to phase out public transport vehicles below BS-IV

The Supreme Court has stayed an order of the National Green Tribunal (NGT) to phase out all public transport vehicles with BS-IV (Bharat Stage) engines and below in the next six months. A bench of Justices S K Kaul and Abhay S Oka issued notice to the parties in the case and sought their replies on the appeal filed by the West Bengal government. The NGT in its order had said the state government must ensure that public transport vehicles with BS-IV engines and below are phased out in six months so that only BS-VI vehicles ply in the state, including Kolkata and Howrah, thereafter. "It is her (counsel for the West Bengal government) say that in terms of the directions of this court in order dated October 24, 2018, no motor vehicle conforming to the emission standard Bharat Stage-IV was to be sold or registered in the country with effect from April 1, 2020. "Thus, registrations were carried out till that date as permitted, and therefore the 15-year period has to be counted from the d

SC to hear Bilkis Bano's plea challenging remission to convicts on Dec 13

The Supreme Court is scheduled to hear on December 13 a plea filed by Bilkis Bano, who was gangraped and seven members of her family killed during the 2002 Gujarat riots, challenging the remission of sentence of 11 convicts in the case by the state government. A bench of justices Ajay Rastogi and Bela M Trivedi is likely to take up the plea of Bano, who has also filed a separate prayer seeking a review of the apex court's May 13, 2022 order on a plea by a convict. The top court had asked the Gujarat government to consider the plea for premature release of the convicts in terms of its policy of July 9, 1992 about deciding a remission petition within a period of two months. In her plea against the grant of remission which had led to the release of the convicts on August 15, Bano said the state government passed a mechanical order completely ignoring the requirement of law as laid down by the Supreme Court. "The enmasse premature release of the convicts in the much talked about case o

Supreme Court to hold two-day national programme on POCSO Act today

The Supreme Court Committee on Juvenile Justice is organising a two-day national programme on Protection of Children from Sexual Offences (POCSO) Act from Saturday. The national consultation on POCSO Act of 2012 is being organised in association with Unicef and its inaugural session would be attended by Chief Justice of India D Y Chandrachud, and the Minister for Women and Child Development, Smriti Zubin Irani, the Supreme Court said in a press statement. Besides the CJI and the Union minister, Justice S Ravindra Bhat, the Chairperson of the Supreme Court JJC, and other apex court judges and judges of high courts, and Cynthia McCaffery, a Unicef India representative, will also take part in the programme, the statement said. "Marking 10 years since POCSO came into force, the consultation will feature the participation of key stakeholders from the Government of India, law enforcement, senior members of the judiciary, state governments, and civil society," it said. It is the seventh s

National Judicial Commission Bill introduced in Rajya Sabha, AAP opposes

A private member bill to regulate the appointment of judges through the National Judicial Commission was on Friday introduced in Rajya Sabha by CPI(M)'s Bikash Ranjan Bhattacharyya but was opposed by AAP MP Raghav Chadha. The National Judicial Commission Bill, 2022 was introduced after the majority of voice votes were in its favour. Bhattacharyya moved the bill that aims to regulate the procedure to be followed by the National Judicial Commission for recommending people for appointment as the Chief Justice of India and other judges of the Supreme Court and Chief Justices and other judges of High Courts. The bill, if approved, will also regulate their transfers and to lay down judicial standards and provide for accountability of judges, and establish credible and expedient mechanism for investigating into individual complaints for misbehaviour or incapacity of a judge of the apex court or of a high court and to regulate the procedure for such investigation. It also proposes for the

Collegium discussions can't be put in public domain through RTI, says SC

'Whatever was discussed in the collegium was not required to be put out in the public domain, that too under the RTI Act'

SC rejects plea seeking Rs 75 lakh compensation for ads on YouTube

The Supreme Court on Friday slapped a cost of Rs 25,000 on a petitioner who had sought compensation of Rs 75 lakh from Google India for the advertisements shown on YouTube which allegedly had explicit content. While dismissing the plea, the apex court termed as "atrocious" the petition filed by a Madhya Pradesh resident who claimed that due to the advertisements, his attention was diverted and he could not clear a competitive examination. Google-owned firm, YouTube, is a video hosting platform. "You want damages because you saw advertisements on internet and you say because of that your attention was diverted and you could not clear the exam?" a bench of Justices S K Kaul and A S Oka asked the petitioner, who was appearing in person. "It is one of the most atrocious petitions filed under Article 32 (of the Constitution)," the bench observed. "This kind of petitions are utter wastage of judicial time". The petitioner had also sought a ban on nudity on social media platforms. The b

There was no proposal to reintroduce a modified NJAC, says Centre

The Centre further said that out of the 34 judge strength of the Supreme Court, 27 judges are working in the, which puts the vacancy to 7