Page 275 - Supreme Court

AIADMK leadership tussle reaches Supreme Court after OPS moves plea

The leadership tussle in AIADMK has reached the Supreme Court with the party leader and former Chief Minister O. Panneerselvam moving the apex court.

SC's bench to hear Delhi vs Centre control of services plea on Sept 27

The Supreme Court Constitution bench posted on September 27 for deciding the schedule of hearing Delhi government's plea on the issue of who should control administrative services in Delhi

Bilkis Bano case: Centre consented to release convicts early, says lawyer

Senior Supreme Court lawyer Rishi Malhotra on Tuesday said the Centre had given its consent as per rules for the premature release from jail of 11 men convicted in the 2002 case of riot survivor Bilkis Bano's gang-rape and murder of her family members. During a panel discussion on Mojo Story, a digital news platform, Malhotra, who represents these 11 convicts in the Supreme Court, where their release has been challenged, said the Centre had given its approval as per the Gujarat government's remission policy, under which they were set free after serving more than 15 years in jail. All of them were awarded life sentences by the trial court. "Yes, absolutely," replied Malhotra when the panel host asked him if the Centre had given its approval as mandated as per rules for remission of sentence. "Absolutely... (approval) taken under the section 435 of CrPC. Please record my statement. I am saying this with full responsibility that the Centre government concurrence as required under the

5-judge SC bench to hear from Sept 13 pleas on 10% quota to EWS candidates

Constitution amendment in 2019 allows people from Economically Weaker Sections to avail themselves of reservation in jobs and educational institutions

Quota in promotions: SC closes contempt proceedings against union home secy

The Supreme Court Tuesday closed the contempt proceedings against Ajay Bhalla, the secretary in the Union Ministry of Home Affairs (MHA), initiated over alleged violation of the court order for maintaining status quo on implementation of quotas for SC/ST officers in promotion in central government jobs. The top court had in April 2021 issued the contempt notice to the senior IAS officer, posted as the secretary with the MHA since August 23, 2019 for allegedly violating its order. It was alleged that the officer violated the apex court order of April 15, 2019 asking for the maintenance of status quo with regard to promotion of officers. However, the Department of Personnel and Training (DoPT) promoted 149 officers on an ad-hoc basis in 2020. A bench comprising Chief Justice Uday Umesh Lalit and Justice S Ravindra Bhat took note of the submissions of Attorney General K K Venugopal, representing the officer, and ordered closure of the contempt proceedings. "Having heard the counsel

Polavaram project: SC suggests Centre to call for meeting of stakeholders

The Supreme Court Tuesday suggested the Centre call for a meeting of all the stakeholders to discuss and resolve the issues concerning the Polavaram project in Andhra Pradesh. The apex court observed it would be in the "fitness of thing" if the Centre takes an initiative in calling all the stakeholders so that the project could move forward and the concerns are addressed. A bench headed by Justice S K Kaul noted that there are concerns expressed by the states of Odisha, Telangana, and Chhattisgarh regarding the impact of the project in as much as it may result in flooding of certain areas. The bench, also comprising Justice A S Oka and Vikram Nath, also noted that it has been submitted that the project, as envisaged, has been expanded to a much larger extent and there are issues concerning environmental clearances as well on account of its expansion. The top court suggested that a "pioneering role must be played by the Ministry of Jal Shakti and a meeting be called of all the ...

Punjab not cooperating in resolving SYL canal dispute, Centre tells SC

The Centre on Tuesday told the Supreme Court the Punjab government is "not cooperating" in resolving the decades-old Sutlej-Yamuna Link (SYL) canal dispute between the state and Haryana. The apex court, which observed that water is a natural resource and living beings must learn to share it, said the parties have to have a "broader outlook" and realise the ramifications and necessity of a negotiated settlement, more so in view of security concerns, apparently referring to the occasional violence over the project. The counsel for Punjab told a bench headed by Justice S K Kaul that the state government is very keen to resolve the issue amicably. At the outset, Attorney General K K Venugopal, appearing for the Centre, told the bench that the apex court had in 2017 said that matter should be amicably settled and the Union of India, through the Water Resources Ministry, has been trying to bring together states of Haryana and Punjab for the purpose of an amicable settlement. "Unfortunate

SC notes Shinde faction plea on Uddhav camp stalling proceedings before EC

The Supreme Court Tuesday took note of the Eknath Shinde faction's claim about the Uddhav Thackeray camp stalling the proceedings before the poll panel where the former's application staking claim over the Shiv Sena and its symbol is pending, and said it will consider listing its plea before a constitution bench. The Election Commission is seized of a plea by the faction led by Chief Minister Eknath Shinde seeking it be declared the real Shiv Sena and granted the party's bow and arrow poll symbol. The top court, while referring to a five-judge constitution bench several questions related to defection, merger and disqualification arising out of the recent Maharashtra political crisis had on August 23 directed the Election Commission not to pass any order on the Shinde faction's plea. According to us, there was no interim order. The court had granted an extension of time to the other side (Uddhav group). Now, the other side is stalling the proceedings before the Election Commission.

Lakhimpur Kheri violence: SC seeks UP's response on Mishra's bail plea

The Supreme Court on Tuesday sought a response from the Uttar Pradesh government on a plea by Ashish Mishra, son of Union Minister Ajay Mishra, seeking bail in a case related to the Lakhimpur Kheri violence. On October 3 last year, eight people were killed in Lakhimpur Kheri during violence that erupted when farmers were protesting against Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya's visit to the area. Four farmers were mowed down by an SUV, in which Ashish Mishra was seated, according to the UP Police FIR. Following the incident, the driver and two BJP workers were allegedly lynched by angry farmers. A journalist also died in the violence that triggered outrage among opposition parties and farmer groups agitating over the Centre's now-repealed agricultural reform laws The Lucknow bench of the Allahabad High Court had on July 26 rejected the bail plea of Mishra. His plea against the high court order came up for hearing before a bench of Justices Indira Banerjee and

4 years since 377 SC verdict, LGBTQ people still fighting for equal rights

Four years ago on this day the Supreme Court partially struck down Section 377 of the Indian Penal Code (IPC) decriminalising same-sex relationship between consenting adults.

Private hospitals operate like business, can't ask govt for security: SC

The Supreme Court on Monday said the state and the Central governments cannot provide security to private hospitals and nursing homes, which operate like business enterprises.

SC provides relief to Adani Ports in connection with bidding process

Sector experts feel the court has cleared the air on an issue which saw multiple stands from high courts across the country

SC dismisses PIL seeking info on India-China clashes of 2020 at Galwan

The Supreme Court on Monday refused to entertain a PIL that sought a direction to the Centre to provide information on whether the nation lost any territory during the clash with the Chinese military in June 2020, saying these are the matters for the State and not for courts. A bench comprising Chief Justice Uday Umesh Lalit and Justice S Ravindra Bhat was hearing the PIL which alleged that the official stand was "misleading" the citizens post the clash at the Galwan Valley in June 2020. The bench dismissed the plea of one Abhijeet Saraf, saying that it pertained to policy matters. "These are matters for the State... There might be skirmishes on the border. Whether there is a loss of territory or no loss of territory, whether there has been encroachment from the other side or whether we have advanced into their territory, these are not matters for the courts, it said. Reacting to the order, Law Minister Kiren Rijiju said the Supreme Court has taken a correct stand on the ...

Amazon-Future Group row: Supreme Court to hear matter on September 19

"Amazon had misrepresented the scope and purpose of the proposed combination," CCI had said before the NCLAT

SC seeks Centre's response on plea raising issue of vacancies in CVC

The Supreme Court on Monday sought a response from the Centre on a plea that raised the issue of vacancies in the Central Vigilance Commission (CVC). A bench of Justices S K Kaul and A S Oka issued notice to the Centre seeking a response within three weeks on the plea filed by NGO 'Common Cause'. Advocate Prashant Bhushan, appearing for the NGO, said CVC has been held to be the most important integrity institution in the country. "What is the position? How many people are manning this?" the bench asked. Bhushan said two posts are laying vacant -- one for 25 months and the other for 15 months. The plea has said that the authority has failed to fill in the vacancies in the CVC in time.

Supreme Court refuses to hear plea seeking to stop EVM usage in election

The petition has CR Jaya Sukin sought to stop the use of Electronic Voting Machine (EVM) and the use of ballot paper in any forthcoming elections

Will defend border dispute with Maharashtra, says Karnataka CM Bommai

Karnataka Chief Minister Basavaraj Bommai on Sunday said senior and experienced lawyers would be appointed in the legal team of the State to argue in the Supreme Court over the border row with Maharashtra. The border row between Karnataka and Maharashtra will come up for hearing in the Supreme Court on November 23. Senior andan experienced legal team will be appointed to effectively argue on behalf of Karnataka, Bommai told reporters at the airport here. The Chief Minister said the issue had been discussed with the Advocate General and a study done. On the order of the High Court of Karnataka to consider CET (common entrance test) marks for admission to professional courses, Bommai said the Advocate General has been instructed to study the order and submit a report. A decision on filing an appeal in the apex court would be taken after consulting legal experts.

SC to hear pleas challenging ED chief's tenure extension on Monday

The Supreme Court is scheduled to hear on Monday as many as eight petitions, including the ones filed by politicians Randeep Singh Surjewala and Mahua Moitra, challenging the extension of tenure of the Enforcement Directorate (ED) director and the amended law allowing such extensions up to five years. According to the list of business uploaded on the apex court website, a bench headed by Chief Justice Uday Umesh Lalit will hear the petitions, based on which notices were issued to the Centre and the Central Vigilance Commission (CVC). The top court had issued notices on the PILs filed by Surjewala and Jaya Thakur, both Congress leaders, TMC MP Moitra, Saket Gokhale, Krishan Chander Singh, Vineet Narian and Manohar Lal Sharma on August 2. Earlier, senior advocate A M Singhvi, appearing for Surjewala, had referred to the apex court judgements and said the fixed tenures are the hallmark of independence and the fact that an incumbent may get an extension will demolish the independence of

Activist Teesta Setalvad walks out of jail after SC grants interim bail

Activist Teesta Setalvad walked out of a prison here on Saturday, a day after the Supreme Court granted her interim bail in a case of allegedly fabricating evidence related to the 2002 Gujarat riots. She had been lodged in the Sabarmati Central Jail here since her arrest on June 26. As per the SC order, she was produced before sessions judge V A Rana for bail formalities. "The sessions court imposed two conditions over and above the conditions imposed by the apex court. The sessions court asked the accused to furnish a personal bond of Rs 25,000 and not to leave India without its prior permission," special public prosecutor Amit Patel said.

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