Page 53 - Supreme Court

Samay Raina, others appear in SC over remarks 'ridiculing' disabled

Five social media influencers, including "India's Got Latent" host Samay Raina, on Tuesday appeared before the Supreme Court in a case seeking action against them for ridiculing persons suffering from disabilities. A bench of Justices Surya Kant and Joymalya Bagchi recorded the presence of the social media influencers and asked them to file their replies to the petition. It also asked them to appear again in-person on the next date of hearing of the case. The top court, however, granted exemption to influencer Sonali Thakkar alias Sonali Aditya Desai to appear virtually on the next date of hearing due to some physical condition. The bench said the social media influencers will have to file their replies in two weeks and no further extension will be granted to them and that their absence on the next date of hearing will be viewed seriously. The top court asked Attorney General R Venkataramani, appearing for the Centre, to prepare social media guidelines by keeping balance of freedo

SC asks UP, Uttarakhand govt to reply on QR code rule for Kanwar eateries

According to the petitioner, the directives issued by the two governments would enable the pilgrims to access the details of the owners

SC to hear pleas for review of 2022 verdict upholding ED powers on Jul 31

The Supreme Court on Tuesday fixed July 31 for hearing a batch of pleas seeking review of the 2022 verdict that upheld the Enforcement Directorate (ED) powers of arrest and attachment of property involved in money laundering, search and seizure under PMLA. A bench of Justices Surya Kant and Joymalya Bagchi adjourned the matter, which was listed for hearing on Wednesday, to July 31 after Solicitor General Tushar Mehta, appearing for the Centre, said he was not available. Senior advocate Kapil Sibal, appearing for the petitioners, said he has no objection, if the matter is listed on July 31. On May 7, the top court asked the Centre and the petitioners to frame issues to be adjudicated in challenge to a verdict which upheld the ED's powers to arrest and attach property of the accused. The Centre had contended that the hearing on the review petitions cannot go beyond the two specific issues flagged by the bench which issued notice on the petitions in August 2022. Sibal had earlier ...

SC urges self-regulation, stresses value of free speech on social media

The Supreme Court on Monday said citizens must know the value of freedom of speech and expression and observe self regulation as it mulled guidelines to regulate offensive posts on social media. A bench comprising Justices B V Nagarathna and K V Viswanathan was hearing a plea of one Wazahat Khan booked in FIRs in several states, including West Bengal, for his objectionable posts on X against a Hindu deity. On June 23, the top court granted him interim protection from coercive action till July 14. Khan had filed a complaint against another social media influencer Sharmistha Panoli for allegedly making communal remarks in a video. Offensive comments should not be made in response to similar posts, his lawyer said in court. The citizens must know the value of the fundamental right of freedom of speech and expression. The State can step in case of violations Nobody wants the State to step in (sic), Justice Nagarathna said. The judge continued, All this divisive tendency on social med

Supreme Court dismisses tax demand raised by CBIC against IndiGo

The Supreme Court has dismissed CBIC's plea to retrospectively levy IGST on aircraft parts re-imported by IndiGo, reinforcing the principle of legal certainty in taxation

Understand the legal and financial implications before gifting property

A registered gift deed transfers property ownership permanently and cannot be revoked unilaterally, unless specifically stated-donors and donees must plan with caution

Freedom of speech being abused over objectionable cartoons on PM, RSS: SC

The Supreme Court on Monday said the right of freedom of speech and expression was being "abused" while hearing the plea of a cartoonist accused of sharing alleged objectionable cartoons of Prime Minister Narendra Modi and RSS workers on social media. "Why do you do all this?" a bench of Justices Sudhanshu Dhulia and Aravind Kumar asked the counsel of cartoonist Hemant Malviya, who sought anticipatory bail in the matter. Advocate Vrinda Grover, representing Malviya, said the matter was over a cartoon made in 2021 during the Covid-19 pandemic. "It may be unpalatable. Let me say it is in poor taste. Let me go to that extent. But is it an offence? My lords have said, it can be offensive but it is not an offence. I am simply on law. I am not trying to justify anything," she said. Grover agreed to delete the post made by Malviya. "Whatever we may do with this case, but this is definitely the case that the freedom of speech and expression is being abused," Justice Dhulia ...

Centre opposes Kerala's stand in SC to withdraw case against Governor

The Supreme Court on Monday adjourned to July 25 the pleas of the Kerala government against Governor over the delay in approving bills passed by the state assembly. A bench of Justices P S Narasimha and A S Chandurkar deferred the matter after attorney general R Venkataramani sought time. Senior advocate K K Venugopal, appearing for the Kerala government, sought to withdraw the plea saying that the issue had become infructuous in view of the recent judgment passed in the Tamil Nadu Governor case. Venkataramani and solicitor general Tushar Mehta opposed the submission and urged the court to await the top court's decision on the reference of President under Article 143 of the Constitution over the grant of assent to bills. Mehta said the Kerala government's petition could also be referred to be tagged along with the presidential reference. Calling it strange , Venugopal asked how could his plea be opposed. "Why my lords are hesitant for the state to withdraw the petition? There has

Shiv Sena symbol row: SC to hear Uddhav Thackeray faction plea in Aug

The Supreme Court on Monday set August to hear a plea of Uddhav Thackeray-led faction against the Maharashtra assembly speaker's decision to give the "bow and arrow" party symbol to the Eknath Shinde-led Shiv Sena faction. A bench of Justices Surya Kant and Joymalya Bagchi said the issue had been pending for long and the uncertainty cannot be allowed to continue. "We will be fixing the matter in August for final disposal of the main case," the bench told senior advocate Kapil Sibal, appearing for the Uddhav faction. Sibal said they wanted an expeditious disposal of the case in view of the local body elections in the state. Senior advocate Neeraj Kishan Kaul, appearing for the Shinde faction, said the court had previously refused an urgent hearing on the issue. Sibal said the assembly speaker's decision to hand over the symbol to the opposite party in 2023 based on the legislative majority was contrary to a Constitution bench verdict of the top court. Justice Kant then said, "We w

Nothing much govt can do: Centre to SC on Kerala nurse's execution in Yemen

The Centre told the Supreme Court it has limited diplomatic leverage in Yemen, where Kerala nurse Nimisha Priya is set to be executed on July 16; efforts for private negotiations are ongoing

SC defers hearing of music composer Ilaiyaraaja's plea to July 18

The Supreme Court on Monday deferred to July 18 the hearing on a plea of legendary music composer Ilaiyaraaja seeking to transfer a copyright dispute involving over 500 of his musical compositions from the Bombay High Court to the Madras High Court. The plea was listed on Monday before a bench comprising Justices K Vinod Chandran and NV Anjaria. The legal case started from a lawsuit initiated by Sony Music Entertainment India in 2022 before the Bombay High Court. Sony has sought an injunction to restrain Ilaiyaraaja Music N Management Pvt Ltd (IMMPL) from using 536 musical works. The company claims it acquired rights to these works through Oriental Records and Echo Recording, the entity with which Ilaiyaraaja has long been embroiled in litigation. The IMMPL, however, alleged that 310 of the 536 disputed works are already under judicial scrutiny in a parallel case before the Madras High Court. That case, originally filed by Ilaiyaraaja in 2014 against Echo Recording, challenges the

SC agrees to hear plea against HC order staying release of Udaipur Files

The Supreme Court on Monday agreed to hear a plea challenging the Delhi High Court's decision to stay the release of the film 'Udaipur Files: Kanhaiya Lal tailor murder', which was scheduled to hit the screens on July 11. After the counsel appearing for the producers sought urgent listing of the plea saying that the film's release was stayed despite the censor board certification, a bench of Justices Surya Kant and Joymalya Bagchi said it would hear it on Wednesday or any day thereafter. The counsel contended that the apex court had refused urgent listing of the plea seeking a stay on the film's release but the high court interfered and stayed it on July 10. "We have spent money on the movie and obtained CBFC certification, but despite that the high court stayed its release. This is a violation of our rights," the counsel contended and sought urgent listing of the plea on Tuesday. The bench said it would hear the plea on Wednesday or any day thereafter. On July 10, the Delhi High

SC dismisses plea challenging order confirming extension of ban on SIMI

The Supreme Court on Monday refused to entertain a plea challenging an order of a judicial tribunal which confirmed the five-year extension of ban imposed on the Students Islamic Movement of India (SIMI). A bench of Justices Vikram Nath and Sandeep Mehta dismissed the plea challenging the tribunal's July 24, 2024 order. The tribunal was constituted under the Unlawful Activities (Prevention) Act, 1967 after the Centre had on January 29, 2024 decided to extend the ban on SIMI for five years. The SIMI was first declared outlawed in 2001 during the Atal Bihari Vajpayee government and since then the ban has been extended periodically. The SIMI was established on April 25, 1977 in Aligarh Muslim University as a front organisation of youth and students, having faith in Jamait-e-Islami-Hind (JEIH). However, the organisation declared itself independent in 1993 through a resolution.

Exclusion errors: ECI must ensure genuine voters are not left out

Ever since it was set up, and without a definitive proof of citizenship issued under the Citizenship Act, the ECI has done a commendable job in preparing inclusive electoral rolls

Senior Advocate Dushyant Dave retires from legal profession after 48 years

After 48 years in law, senior advocate Dushyant Dave announces his retirement, citing a desire to pursue his passions and contribute to society

Ex-CJIs raise concerns on ONOE Bill, but back its constitutionality

Former chief justices of India, J S Khehar and D Y Chandrachud, are interacting on Friday with the parliamentary committee scrutinising the simultaneous election bill as it held its eighth sitting. Sources said both jurists are of the view that the concept of 'one nation one election' is not violative of the basic structure of the Constitution but have questioned the extent of power vested with the Election Commission in the proposed law. They have also made certain suggestions while throwing light on the journey of parliamentary system of democracy in the country. The Joint Committee of Parliament headed by BJP MP P P Chaudhary has been speaking to jurists and legal experts as it prepares its recommendation on the bill. Two other former chief justices of India, U U Lalit and Ranjan Gogoi, have appeared before the committee in past. While both of them did not question the constitutionality of simultaneous elections, they have questioned some aspects of the bill and offered

PM Modi-RSS caricature: Cartoonist Malviya moves SC for anticipatory bail

The Supreme Court on Friday agreed to hear the anticipatory bail plea of Indore-based cartoonist accused of uploading "objectionable" cartoons of Prime Minister Narendra Modi and RSS workers on social media. A bench of Justices Sudhanshu Dhulia and Joymalya Bagchi agreed to hear on July 14, the plea filed by Hemant Malviya challenging the Madhya Pradesh High Court order refusing to grant him relief after advocate Vrinda Grover sought urgent hearing in the matter. The high court had observed that it was gross misuse of freedom of speech. Grover submitted the matter pertains to a cartoon which Malviya made in 2021 during Covid and the high court said no landmark cases like in Arnesh Kumar and Imran Pratapgarhi, which dealt with life and liberty, will be followed. She submitted that the high court has condemned the cartoonist, "The offence is under which BNS which entails a maximum of three years of punishment," Grover submitted. Justice Dhulia ordered that the matter will be listed

SC puts brakes on 'disenfranchisement', parties welcome Bihar SIR directive

A bench of Justices Sudhanshu Dhulia and Joymalya Bagchi did not stay the SIR process but asked the ECI to consider allowing Aadhaar, ration cards, and electoral photo identity cards

Donald Trump's birthright citizenship limits blocked again by judge

A preliminary injunction was granted Thursday by US Judge Joseph Laplante in New Hampshire, restricting enforcement of Trump's order while the case proceeds

What concerns did Supreme Court raise over Bihar's voter roll revision? | Aadhaar card | Bihar polls

The Supreme Court today, raised serious questions before the EC, while hearing pleas challenging the electoral rolls revision in Bihar ahead of the Assembly polls.