Page 256 - Supreme Court

SC to conduct accessibility audit of premises by specially abled persons

The Supreme Court has decided to conduct a comprehensive accessibility audit with an aim to understand the hardships faced by specially abled persons and ensure their better access to the justice system. On International Day of Persons with Disabilities which is observed on December 3 every year, Chief Justice D Y Chandrachud constituted a Supreme Court Committee on Accessibility chaired by a sitting judge. In a statement, the Supreme Court said the committee will be headed by Justice S Ravindra Bhat, who has been asked to conduct an accessibility audit extending to both physical as well as technology accessibility. "The committee has also been tasked to prepare and release a questionnaire for persons with disabilities, who visit the Supreme Court premises to assess the nature and extent of the problems they face," it said, adding that inputs will also be sought by the committee from Supreme Court advocates, litigants and interns. The committee will also include a professor from th

Gujarat opposes SC bail pleas of some convicts in Godhra train burning case

The Gujarat government has opposed in the Supreme Court the bail pleas of some convicts of the 2002 Godhra train burning case, saying they were not mere stone-pelters and their acts prevented people from escaping the burning coach. On February 27, 2002, 59 people were killed when the S-6 coach of Sabarmati Express was burnt at Godhra, triggering the riots in the state. The matter came up for hearing on Friday before a bench of Chief Justice D Y Chandrachud and Justice P S Narasimha. The apex court, while asking the state to specify the individual roles of the convicts, observed that bail pleas of those who were accused of stone pelting could be considered as they have already spent 17-18 years in jail. Solicitor General Tushar Mehta, appearing for the state of Gujarat, said these convicts threw stones on the train which prevented people from escaping the burning coach. "It is not a case of mere stone pelting," he told the bench. Mehta told the bench that appeals filed by the conv

Give management of Amrapali to Uttar Pradesh: AG tells Supreme Court

Attorney General R Venkataramani, the court receiver for the Amrapali group projects, told the Supreme Court on Friday he is facing resistance from Noida and Greater Noida authorities in generating funds for the stalled projects and, if the situation remains so, the management of the company should be handed over to the Uttar Pradesh government. Home buyers, through their counsel, submitted the National Building Construction Corporation (NBCC) has completed construction of around 3,000 flats left incomplete by the Amrapali group but no electricity and water connections have been provided by the Noida and Greater Noida authorities. "I, as a court receiver and the Attorney General, am taking all efforts to generate more funds for completion of the stalled projects but Noida and Greater Noida have taken a stand that unused FAR (floor area ratio) should not be sold," Venkataramani told a bench of Justices Ajay Rastogi and Bela M Trivedi. Floor Area Ratio is the ratio of a building's tot

Collegium system shouldn't derail, won't comment on former judges: SC

The Supreme Court said on Friday the existing collegium system should not be derailed on the basis of statements of "some busybody", asserting the top court is one of the most transparent institutions. Amid divisions within the judiciary and its festering dispute with the government over the system under which existing judges appoint judges to constitutional courts, it said it does not want to comment on what a few former apex court judges, who were once members of the Supreme Court collegium, are now saying about the mechanism. A bench of Justices MR Shah and CT Ravikumar said, "Nowadays, it has become a fashion to comment upon earlier decisions (of the collegium) made when they (former judges) were part of the collegium. We don't want to say anything on their comments". The top court was hearing a petition by RTI activist Anjali Bhardwaj against the Delhi High Court order dismissing her plea seeking the agenda of the Supreme Court collegium's meeting held on December 12, 2018 when

Reliance Infra moves SC against DMRC for payment of Rs 4,500 crore

Court issues notice to DMRC, seeks reply by Dec 12

Plea seeks waiver of enrolment fees for transgenders as lawyers, SC refuses

The Supreme Court on Friday refused to entertain a plea which sought the waiving of registration fee for transgender lawyers charged by the statutory Bar bodies for enrolment, saying such issues do not fall under the parameters of the judicial review. A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha said that the parameters of judicial review did not allow constitutional courts to pass orders such as waiver of enrolment fees. "You cannot say that you do not charge an enrolment fee. Why just transgender persons, why not extend this to women, disabled and marginalised persons," the CJI asked. "You must understand the parameters of judicial review." The bench asked why only in the legal profession, such fee waiver should be extended to the medical field also, and said it would dismiss the plea. The counsel for petitioner M Karpagam then decided to withdraw the petition. The top court permitted Karpagam to give a representation to this effect to the Bar Counc

50% quota for in service doctors, fill seats in 2 weeks: SC directs TN govt

The Supreme Court on Friday permitted the Tamil Nadu government to allocate 50 per cent of super-speciality seats in government medical colleges to NEET-qualified in-service candidates for the current academic year. A bench of Justices B R Gavai and Vikram Nath directed the state government to fill the seats as per the Tamil Nadu government order dated November 7, 2020, within a period of 15 days. The state government had vehemently defended the government order (GO) of 2020 on the Super Specialty seats. "The state of Tamil Nadu has approached this court for clarification of an order dated March 16, 2022, that the said order is also applicable to all subsequent academic years till disposal of petitions. We have heard the counsels. The ASG submitted that last year a number of seats reserved for in-service candidates could not be filled up. She submitted that super speciality courses are valuable national assets and they cannot be permitted to go waste... "We appreciate the anxiety o

SC asks Centre, states to file response on uniform healthcare standard plea

The Supreme Court Friday directed the Centre and the states to file their responses on a plea seeking directions for a uniform standard of healthcare for citizens in line with the Constitution by adopting provisions of the Clinical Establishments Act, 2010. A bench of Justices B R Gavai and Vikram Nath granted four weeks to the Union of India and the state governments to file their replies. The top court was hearing a plea filed by Jan Swasthya Abhiyan, Patients' Rights Campaign and K M Gopakumar which had also sought directions for operationalising all the provisions of the Act, as well as Clinical Establishment Rules, 2012 in order to ensure affordable and quality healthcare. The plea had sought directions for notification and implementation of the conditions for registration of clinical establishments such as observance of minimum standards, display of rates for procedures and services, compliance with the standard treatment protocol, as provided in Sections 11 and 12 of the CEA

Supreme Court constitutes all-women Bench to hear transfer petitions

The bench has 32 matters listed before it, starting with 10 transfer petitions involving matrimonial disputes and followed by 10 bail matters

Will stand and fight again, against what is wrong, says Bilkis Bano

"I will stand and fight again, against what is wrong and for what is right," said Bilkis Bano, who has moved the Supreme Court challenging the remission and release of 11 convicts in the 2002 case related to her gangrape and murder of seven members of her family. Bano was 21 years old and five-month pregnant when she was gangraped while fleeing the 2002 Gujarat riots that broke out after the Godhra train burning incident. Her three-year-old daughter was among the seven family members killed. In her two separate petitions, she has challenged the premature release of the convicts by the Gujarat government on August 15, saying it has "shaken the conscience of society". In a statement, issued on Thursday, she said, "The decision to once again stand up and knock on the doors of justice was not easy for me. For a long time, after the men who destroyed my entire family and my life were released, I was simply numb. I was paralysed with shock and with fear for my children, my daughters, and

Any compelling reason for environmental release of GM Mustard? SC to Centre

Amid concerns over environmental contamination due to genetically modified crops, the Supreme Court on Thursday asked the Centre whether there was any compelling reason for the environmental release of GM Mustard failing which the country will be doomed. The top court said Indian farmers, unlike their western counterparts, are not literate and they do not understand about genes and mutations notwithstanding events like 'Krishi Melas' and 'Krishi Darshan' which is the ground reality. The Centre told the top court that opposition by activists, experts and scientists to GM crops is "ideological" rather than based on scientific rationale. On October 25, the Genetic Engineering Appraisal Committee (GEAC) under the Union environment ministry approved the environmental release of transgenic mustard hybrid DMH-11 and the parental lines containing barnase, barstar and bar genes so that they can be used for developing new hybrids. A bench of Justices Dinesh Maheshwari and BV Nagarathna told

GM mustard unsustainable in India, SC told; arguments to continue today

The Genetic Engineering Appraisal Committee (GEAC) had earlier this year cleared the proposal for commercial cultivation of the GM mustard

Bilkis Bano moves Supreme Court challenging remission to convicts

Bilkis Bano, who was gang-raped and seven members of her family slaughtered during the 2002 Gujarat riots, Wednesday moved the Supreme Court challenging the remission of sentence of 11 convicts in the case by the state government, saying their premature release has "shaken the conscience of society". Besides the plea challenging the release of the convicts, the gang-rape survivor has also filed a separate petition seeking a review of the apex court's May 13, 2022 order on a plea by a convict. The top court had asked the state 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. A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha was urged by the counsel for Bano that her two separate pleas, one challenging the remission and the other seeking a review of the apex court's direction, be listed for urgent hearing. The top court took note of t

GM Mustard plants needs uprooting to avoid contamination: Campaigners to SC

The seeds of GM mustard have started germinating after their environmental release and before the plants start flowering in few weeks they must be uprooted to prevent the environment from getting irreversibly contaminated, campaigners against genetically modified crops told the Supreme Court on Wednesday. On October 25, the Genetic Engineering Appraisal Committee (GEAC) under the Union environment ministry approved the environment release of transgenic mustard hybrid DMH-11 and the parental lines containing barnase, barstar and bar genes so that they can be used for developing new hybrids. A bench of Justices Dinesh Maheshwari and BV Nagarathna was told by advocate Prashant Bhushan, appearing for activist Aruna Rodrigues, that no one knows about the effect of environmental release of the Genetically Modified (GM) mustard, which has the potential of contaminating all mustard seeds in the country. "The only benefit claimed is that the technology will be used for developing new hybrids

Congress takes dig at PM Modi over deaths due to Covid-19 vaccines

The Congress on Wednesday took a swipe at Prime Minister Narendra Modi for "shrugging away" from its responsibility, a day after the government told the Supreme Court that it cannot be held liable to compensate for the deaths post administration of Covid vaccines. "First: No deaths due to oxygen shortage. Then: No aid to Covid victims. Now: No accountability for vaccine-related deaths. "Prime Minister Modi really knows how to shrug away responsibility. A true event manager!" the Congress said on its Twitter handle. Congress spokesperson Supriya Shrinate also took a dig, saying this government is never responsible for anything. "If there is death due to the side effects of Covid vaccine anywhere in the country, then the government is not responsible for it people are getting it as per their wish. This is Modi government's affidavit in the Supreme Court. (Well this government is never responsible for anything)," she said in a tweet in Hindi. In another tweet, she said, "Thank you M

SC to consider listing Bilkis Bano's plea against 2002 rape-murder convicts

Bilkis Bano on Wednesday challenged the remission of sentence and release of convicts in the 2002 rape and murder case filing a plea before the Supreme Court. The top court said it will consider listing the matter for hearing. A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha took note of the submissions of lawyer Shobha Gupta that the victim herself has challenged the grant of remission and release of the convicts, and the matter be listed for hearing. She said that Justice Ajay Rastogi, who was part of the bench which had heard other similar pleas against the remission, was now part of a Constitution Bench hearing. "The review has to be heard first. Let it come before Justice Rastogi, the CJI said. When the counsel for Bano said let the matter be heard in open court, the bench said, "Only the court concerned can decide that." The CJI said that he would take a call on the issue in the evening. Earlier, a bench of justices Ajay Rastogi and C T Ravikumar

Criminal justice system itself can be a punishment: Supreme Court

The Supreme Court has discharged three accused in an alleged 2008 abetment to suicide case in Punjab, saying "the criminal justice system of ours can itself be a punishment"

Cannot be asked to compensate for deaths due to Covid-19 vaccines: Centre

The government cannot be held liable to compensate for the deaths due to an adverse event following immunisation (AEFI) post administration of Covid-19 vaccines, the Centre has told the Supreme Court. The affidavit filed in the apex court by the Centre assumes significance in view of the fact that the government has been zealously pursuing the Covid-19 vaccination programme to fight the pandemic and, as per latest reports, over 219 crore doses have been administered. The affidavit was filed in response to a petition by the parents of two girls who died allegedly due to adverse effects following Covid vaccination. It claimed vaccines manufactured by third parties had successfully undergone regulatory review, and holding the state directly liable to provide compensation may not be legally sustainable. "The vaccines in use under the vaccination program are manufactured by third parties and have successfully undergone thorough regulatory review in India as well as other nations, being

ED's expansion

The agency is entering new areas of surveillance

SC allows Mumbai Metro to pursue application to cut 84 trees in Aarey

Case pertains to construction of Metro car shed on forest land in Aarey which adjoins Sanjay Gandhi National Park; next hearing likely in Feb 2023