Page 6 - Supreme Court

CAA protests meant to topple govt like in B'desh, Nepal: Delhi Police to SC

The protests against the CAA in the national capital were not a simple dharna but were aimed at regime change like Bangladesh and Nepal, the Delhi Police told the Supreme Court on Friday while opposing bail plea of activists Umar Khalid, Sharjeel Imam and others in the February 2020 riots case. Additional Solicitor General S V Raju, appearing for the Delhi Police, told a bench of Justices Aravind Kumar and N V Anjaria that the Delhi riots were the result of a conspiracy involving several accused, including Tahir Hussain, Shifa Ur Rahman, Meeran Haider, Ishrat Jahan and Khalid Saifi, who he alleged financed the violence. Citing statements from a witness, Raju submitted that conspirators planned violence, organised chakka jams to disrupt and "choke Assam out of India," and further mobilised rioters who, armed with sticks, engaged in heavy stone-pelting. "This is a clear case where UAPA [Unlawful Activities (Prevention) Act, 1967] offences are attracted, conspiracy to commit terrorist

SC's green clearance ruling recall could push ahead stalled projects

The Supreme Court's recall of its May 2025 ruling on retrospective environmental clearances eases demolition fears for hundreds of projects and offers relief to homebuyers, developers and lenders

Decoded: What is Article 142 that put the SC in a constitutional crossfire?

The Supreme Court's latest ruling has redrawn the limits of Article 142, overturning its own 'deemed assent' order and clarifying how far the judiciary can intervene in legislative-executive disputes

SC issues notice to ECI on Kerala's petition seeking postponement of SIR

Senior Advocate Kapil Sibal, appearing for the Kerala government, submitted in the court that the SIR schedule clashes directly with the state's upcoming local body elections

SC seeks EC's response on pleas challenging SIR in Kerala, other states

The Supreme Court on Friday agreed to hear a batch of pleas challenging the Election Commission's decision to conduct Special Intensive Revision (SIR) exercise in Kerala, Uttar Pradesh and other states. A bench of Justices Surya Kant, SVN Bhatti and Joymalya Bagchi issued notice to the Election Commission on all the fresh petitions filed by different political leaders, challenging SIR exercises in different states on different grounds. Senior advocate Kapil Sibal, appearing for a petitioner challenging SIR exercise in Kerala, submitted that local body elections are also scheduled to be held in the state and, therefore, there is some urgency involved in the matter. The bench directed the pleas challenging SIR exercise in Kerala will be listed on November 26 and rest of the petitions challenging electoral roll revision exercise in other states will be taken up for hearing in the first or second week of December. The top court is already hearing a batch of pleas challenging the validi

I practice Buddhism, but I believe in all religions: CJI B R Gavai

Outgoing Chief Justice of India B R Gavai on Thursday said that he practises Buddhism but he is a truly secular person who believes in all the religions. Speaking at a farewell function organised by the Supreme Court Advocates on Record Association (SCAORA), Gavai expressed his gratitude, saying that the country's judiciary has given him a lot. Gavai is scheduled to retire on November 23, and Friday would be his last working day in Supreme Court. "I practice Buddhism but I do not have much depth in any religious studies. I am truly secular and I believe in Hinduism, Sikhism, Islam, Christianity, everything," Gavai said. "I have learnt this from my father. He was a secular and erudite follower of Dr Ambedkar. While growing up, when we used to accompany him to political functions and his friends say, 'Come here, the dargah here is famous, or the gurdwara here is famous', we used to go," the CJI recollected. Gavai said he could reach the current position only because of Dr Ambedkar a

Courts cannot fix deadlines for Guv, Prez on assent to Bills, says SC

Experts say ruling 'reaffirms federal balance'

Timelines can't be fixed for governors to give assent to bills, says SC

A five-judge Constitution Bench ruled that courts cannot prescribe fixed timelines for governors or the President to decide on bills, but emphasised that governors cannot indefinitely delay a bill

Doctors, engineers engaging in anti-national activities: Delhi police in SC

The Delhi police on Thursday vehemently opposed the bail pleas of activists Umar Khalid, Sharjeel Imam and others in the February 2020 riots case, saying it had become a trend now for doctors and engineers to engage in anti-national activities. Additional Solicitor General SV Raju, appearing for the Delhi police, told a bench of Justices Aravind Kumar and N V Anjaria that the delay in trial was attributable to the accused and they cannot take advantage of it. Raju showed in the top court videos of Imam giving "inflammatory speeches" against the Citizenship Amendment Act. The videos showed Imam giving speeches at Chakhand, Jamia, Aligarh, and Asansol in 2019 and 2020 before the riots in February 2020 riots in Delhi. Pointing out that Imam is an engineering graduate, the advocate said, "Nowadays there is a trend that doctors, engineers are not doing their professions but engaging in anti-national activities." Raju added, "It's not a simple protest. These are violent protests. They a

Talaq-e-Hasan under SC lens: How it is different from Talaq-e-Biddat

The Muslim Women (Protection of Rights on Marriage) Act, 2019 declared the instant divorce granted by pronouncement of talaq three times as void and illegal

SC raises retirement age of MP judicial officers from 60 to 61 years

The Supreme Court on Thursday raised the retirement age of judicial officers of Madhya Pradesh from 60 to 61 years. In an interim order, a bench comprising Chief Justice B R Gavai and Justices Prasanna B Varale and K Vinod Chandran referred to a similar decision taken by the Telangana High Court. It asked why judicial officers should be denied the relief when the state government was willing to do so. It is needless to say that judicial officers as well as other employees of the state government draw salaries from the same public exchequer, the bench said, adding that the retirement age of other state government employees is 62 years. In any case there is a difference of one year between the retirement age of high court judges and the district court judges, the court said. High court judges retire at the age of 62 and now the age of superannuation of district court judges in Madhya Pradesh will be 61. The bench posted the plea for final hearing after four weeks. Senior advocate G

Indiabulls probe: SC slams Sebi, CBI and MCA for 'passive approach'

SC criticised Sebi, the CBI and the MCA for inconsistent and passive handling of allegations against IHFL, now Sammaan Capital, and directed coordinated action and fresh affidavits in the case

SC quashes age, tenure norms for tribunals; calls for new oversight body

The Supreme Court scrapped the 50-year age bar and four-year tenure for tribunal members under the 2021 law, restored earlier rules, and directed the Centre to set up a National Tribunals Commission

SC may consider referring Talaq-e-Hasan challenge to 5-judge bench

The Supreme Court on Wednesday said it may consider referring the challenge to the validity of Talaq-e-Hasan, a form of divorce among Muslims in India, to a larger five-judge constitution bench while deprecating the practice of sending notices on the husband's behalf. Through Talaq-e-Hasan, a man can dissolve a marriage by pronouncing the word "talaq" once every month over a three-month period. In 2017, the top court declared Triple Talaq, also a form of divorce prevalent among Muslim community, as unconstitutional after finding it to be arbitrary and violative of fundamental rights of Muslim women. A bench of justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh which deprecated the practice adopted by Muslim husbands while giving Talaq-e-Hasan under which they authorises any person and mostly lawyer to give divorce notice to their wives on their behalf saying, "should a civilised modern society allow this". Asking the parties to submit notes with regard to types of Talaq which c

SC's post-facto green nod rollback pulls core sectors 'back from brink'

Reversal restores 2017 and 2021 norms, reopening door to regularise past lapses

SC mulls abrogating Talaq-e-Hasan, asks should civilised society permit it

The top court was hearing a PIL filed in 2022 by journalist Benazeer Heena, who sought a declaration that the practice is unconstitutional

SC asks govt to frame national policy, rules on organ transplantation

The Supreme Court on Wednesday issued a slew of directions to the Centre to frame a national policy and uniform rules in consultation with States to ensure a transparent, and efficient system for organ donation and allocation. A bench comprising Chief Justice BR Gavai and Justice K Vinod Chandran passed the directions on a PIL filed by the Indian Society of Organ Transplantation. The CJI, in its order, requested the Centre to persuade Andhra Pradesh to adopt the 2011 amendments to the Transplantation of Human Organs Act, 1994. It also directed that states like Karnataka, Tamil Nadu, and Manipur, which have not yet adopted the Transplantation of Human Organs and Tissues Rules, 2014, to do so expeditiously, stressing the "importance of the issue. The bench asked the Centre to develop a national policy with "model allocation criteria" for organ transplants. This policy must address and mitigate issues of gender and caste bias and establish "uniform criteria for donors across the coun

No 'blanket orders' protecting doctors involved in RG Kar protests: SC

The Supreme Court on Wednesday said it cannot pass "blanket orders" protecting doctors involved in protests in the aftermath of the rape and murder of a trainee doctor at the RG Kar Medical College and Hospital in Kolkata. A bench of Justices MM Sundresh and Satish Chandra Sharma said any order passed would amount to interference with the authority of the police. Observing that the matter cannot be heard "piecemeal", the apex court said it was inclined to transfer the matter to the Calcutta High Court. "We are grappling with so many things and there is no end to this. It is easier for the Calcutta High Court to monitor protests. Is it possible for us to monitor the protests in Kolkata sitting in Delhi? "How can we pass blanket orders protecting doctors. The police has a right to call you," the bench observed orally. The top court directed senior advocate Karuna Nundy, representing the Association of junior and senior doctors, to submit a table of matters pending before the Calcutt

SC strikes Tribunals Act provisions, says govt reintroduced quashed clauses

The Supreme Court on Wednesday struck down several provisions of the 2021 Tribunals Reforms law related to the appointment, tenure, and service conditions of members of various tribunals, saying they had been re-enacted by the Centre with minor tweaks. A bench of Chief Justice B R Gavai and Justice K Vinod Chandran said the impugned provisions violated the principles of separation of powers and judicial independence, and they should not have been brought back. The bench said that dealing with the backlog of cases was not the sole responsibility of the judiciary, and the onus must be shared by the other arms of the government. The bench held that Parliament had sought to "legislatively override" binding judicial precedents by re-enacting clauses previously quashed by the court. "We have compared the provisions of the Ordinance and the 2021 Act, and it shows that all provisions struck down, with minor tweaking, have been re-enacted again," the CJI said while reading the judgment. "T

People should get proper remedy against pharma firms' malpractices: SC

The Supreme Court on Tuesday said procedures under the uniform code for pharmaceutical marketing should be so strong that any consumer who is cheated should have access and proper remedy against unethical practices. A bench of justices Vikram Nath and Sandeep Mehta observed there should be appropriate measures where the consumers have a convenient mechanism for lodging their complaints and ensuring that action is taken against erring companies. The top court was hearing a plea seeking that the uniform code of pharmaceutical marketing practices should curb alleged unethical practices of pharma firms. Additional Solicitor General K M Nataraj, appearing for the Centre, said the government has introduced several policies for the purpose of either restricting the pricing of medicines and to regulate such activities. He referred to the Uniform Code for Pharmaceuticals Marketing Practices (UCPMP), 2024, which prohibits pharma companies from offering gifts and travel facilities to healthca