Page 71 - Supreme Court

Necessary to tackle pollution: SC refuses to relax ban on firecrackers

The Supreme Court on Thursday refused to relax the ban imposed on the manufacture, storage and sale on firecrackers in Delhi-NCR noting air pollution levels had remained alarming for a considerable time. A bench of Justices Abhay S Oka and Ujjal Bhuyan said a large section of the population worked on streets and was the worst affected by pollution. Not everybody can afford an air purifier at their residence or place of work to fight pollution, the bench said. "Several orders passed by this court during last six months bring on the record the horrible situation with which prevailed in Delhi due to very high levels of air pollution...Right to health is an essential part of Article 21 of the constitution so is the Right to live in a pollution free atmosphere," the court said. Unless the court was satisfied that the pollution due to the "so-called" green crackers was bare minimum, there was no question of reconsidering the previous orders, it added. The top court said the orders passe

BRS MLAs' disqualification: SC reserves order on delay by Telangana Speaker

The Supreme Court on Thursday reserved its verdict on pleas raising the issue of alleged delay by the Telangana Assembly speaker in deciding on petitions seeking disqualification of some BRS MLAs who had defected to the Congress. A bench of Justices B R Gavai and Augustine George Masih reserved the verdict after hearing submissions from the parties. While one of the pleas has challenged the November 2024 order of the Telangana High Court in a matter concerning petitions seeking the disqualification of three BRS MLAs, another petition relates to the remaining seven legislators who defected. A division bench of the high court in November last year said the Assembly speaker must decide the disqualification petitions against the three MLAs within a "reasonable time". The division bench's verdict came on the appeals against the September 9, 2024, order of a single judge. The single judge had directed the secretary of the Telangana Assembly to place the petition seeking the ...

Tamil Nadu CM Stalin to move SC against Waqf Bill, calls it anti-Muslim

DMK chief M K Stalin claimed that the Waqf Bill erodes the independence of the Waqf Board and endangers the rights of the Muslim community

Supreme Court upholds Calcutta HC's cancellation of 25,000 WB school jobs

A bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar noted that "the appointments were vitiated by manipulation and fraud"

SC halts tree felling in Hyderabad's Gachibowli, orders site inspection

The Supreme Court on Thursday directed the registrar (judicial) of the Telangana High Court to forthwith visit the Kancha Gachibowli forest site where felling of trees was proposed on a 400-acre land parcel adjacent to the University of Hyderabad. The issue was mentioned before a bench of Justices B R Gavai and Augustine George Masih. "We, therefore, direct the registrar (judicial) of the High Court of Telangana to forthwith visit the site in question and submit his interim report by 3.30 pm today," the bench said. It directed the registrar (judicial) of the apex court to forthwith communicate its order to the registrar (judicial) of the high court who shall act upon forthwith. "We further direct the Chief Secretary of state of Telangana to ensure that until further orders are passed by this court, no felling of trees be permitted in Kancha Gachibowli forest area," the bench said. It posted the matter for hearing at 3.45 pm today. The bench was informed that the Telangana High Co

SC scraps appointment of 25,753 teachers, staff in West Bengal schools

The Supreme Court on Thursday invalidated the appointment of 25,753 teachers and other staff in state-run and state-aided schools in West Bengal, terming their selection process "vitiated and tainted". A bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar upheld a Calcutta High Court verdict dated April 22, 2024, annulling the appointments. Pronouncing the verdict, the CJI said the employees, whose appointments have been annulled, are not needed to return their salaries and other emoluments. The top court also ordered the state government to initiate a fresh selection process and complete it within three months. It, however, made relaxation for the disabled employees on humanitarian grounds, saying they would remain in the job. The bench fixed the West Bengal government's plea challenging the high court direction for a CBI probe for hearing on April 4. On February 10, the top court reserved its judgement on a batch of petitions in the matter.

Nitish Katara murder: SC seeks UP govt's reply on Vikas Yadav's bail plea

The Supreme Court on Wednesday sought the Uttar Pradesh government's response on the interim bail plea of Vikas Yadav, who is serving a 25-year jail term in the 2002 Nitish Katara murder case. According to the plea, Yadav sought the reprieve for attending to his ailing mother. A bench of Justices Abhay S Oka and Ujjal Bhuyan said it would be open for the Uttar Pradesh government to constitute a medical board to examine the condition of his mother admitted at Yashoda Hospital in Ghaziabad. "The medical board will also consult doctors of the said hospital and peruse the reords," the bench said while posting the hearing on April 15. Yadav's counsel said the mother's condition had deteriorated in February as he placed on record her medical documents. He said the mother was in the intensive care unit and had refused surgery. Additional solicitor general Aishwarya Bhati said Yadav's mother was in hospital and she could be examined there by the medical board. Senior advocate Aparajita

SC questions Telangana speaker over delay in disqualification notices

The Supreme Court on Wednesday asked the Telangana assembly speaker why he took about 10 months to issue notices on the petitions for the disqualification of BRS MLAs who defected to the Congress. A bench of Justices B R Gavai and Augustine George Masih also took exception to a purported statement of Telangana Chief Minister A Revanth Reddy in the assembly that there would be no bye-elections. "If this is said on the floor of the house, your chief minister is making a mockery of the Tenth Schedule," Justice Gavai observed. The Tenth Schedule of the Constitution relates to provisions for disqualification on the ground of defection. The bench was hearing arguments on the pleas on the alleged delay by the Telangana assembly speaker in deciding the pleas seeking the disqualification. While one of the pleas challenged the November 2024 order of the Telangana High Court on the disqualification of the three MLAs, another petition was filed over the seven remaining legislators who defecte

'Inhuman, illegal': Supreme Court rebukes UP govt for 2021 demolitions

The apex court directs Prayagraj Development Authority to pay Rs 10 lakh compensation to each homeowner who moved court

SC upholds Rajasthan Electricity Regulatory Commission's open access rules

The Supreme Court on Tuesday upheld the validity of the 2016 regulations of the Rajasthan Electricity Regulatory Commission (RERC) on terms and conditions to regulate open access of power to industrial consumers. A bench comprising justices Vikram Nath and Prasanna B Varale dismissed a batch of appeals filed by industrial consumers, including Ramayana Ispat Pvt Ltd, against the Rajasthan High Court decisions from both its Jodhpur and Jaipur Benches. The high court verdicts had upheld the validity of the RERC (Terms and Conditions for Open Access) Regulations, 2016. The key change introduced by the Regulations of 2016 was the imposition of limitations on the simultaneous withdrawal of power through open access and contracted demand from the distribution licensee. Under the new regime, if a consumer opted to procure power through open access, the contracted demand from the distribution licensee would be reduced by the quantum of power scheduled through open access and additionally, t

Courts must be slow to interfere in expert views on academic standards: SC

The Supreme Court on Tuesday said courts must be slow to interfere with the opinions of experts over academic standards and exercise powers of judicial review in cases where the prescribed qualification or condition was arbitrary. A bench of Justices Sudhanshu Dhulia and K Vinod Chandran said normally, courts should not interfere with the decisions taken by expert statutory bodies regarding academic matter, be it qualifications for student admissions or those required by the teachers for appointment, salary, promotion, etc. The apex court's verdict came on the appeals challenging the orders of the Bombay High Court which directed a society to extend the benefit of revised pay scales under the Sixth Central Pay Commission to some teachers. They taught in the engineering and technical institutes run and managed by the society, the bench noted. The top court referred to the prescribed qualification requirements of teachers in an engineering institute laid down by the All India Council

SC slams Haryana bar bodies: Lawyers' chambers now a hub for property deals

A bench of Justices Surya Kant and N Kotiswar Singh said if a need arose it would constitute a special investigation team to look into their affairs

SC upholds Piramal Capital & Housing Finance's resolution plan for DHFL

Says all money recovered from fraudulent transactions must be paid to Piramal

How will country progress if every project is opposed: SC slams NGO

The Supreme Court on Tuesday pulled up an NGO for opposing a renewable energy project at the Jayakwadi Dam in Maharashtra, which is declared a bird sanctuary and an eco-sensitive zone, asking how would the country progress if every project was resisted. A bench of Justices Surya Kant and N Kotiswar Singh also raised over the questions the bonafide of NGO "Kahar Samaj Panch Committee" and asked, "Who has planted you and funded you? What is your past experience in environment protection?" The bench dismissed the NGO's petition challenging the September 9 2024 decision of the National Green Tribunal rejecting its plea and observed the green panel had rightly appreciated the material. The top court found no ground to interfere with the NGT order. "You are not allowing a single project to work. How will the country progress, if every project is opposed and resisted upon? Even with a solar power project, you have a problem," the bench added. The NGO's counsel said the area was an ...

SC rejects fresh plea on Places of Worship Act, allows to file application

The Supreme Court of India is already handling several petitions challenging the constitutional validity of the Places of Worship Act

SC refuses to release Ranveer Allahbadia's passport until Latent probe ends

The Supreme Court extended interim relief to Ranveer Allahbadia, protecting him from arrest amid ongoing Latent probe, but refused to release his passport until investigation concludes

SC asks TMC MP Mahua Moitra to approach Sebi for public disclosure of FPIs

The Supreme Court on Tuesday asked TMC MP Mahua Moitra to make a detailed representation to the SEBI on mandating public disclosure of portfolio holdings of alternative investment funds and foreign portfolio investors (FPIs). A bench of Justices B V Nagarathna and Satish Chandra Sharma passed the order while hearing Moitra's plea for a direction to the Securities and Exchange Board of India (SEBI) to mandate public disclosure of ultimate beneficial owners and portfolio of alternative investment funds (AIFs), FPIs and their intermediaries in India. While disposing of Moitra's plea, the bench said once such a representation would be made, the same be considered in accordance with law. Advocate Prashant Bhushan, appearing for Moitra, said the regulations of SEBI require normal mutual funds and other investors to disclose who were these people who were investing, in which companies they were investing. "So far as these two categories (AIFs and FPIs) are concerned, no disclosure is ...

'Shocks our conscience': SC rebukes UP govt for Prayagraj demolitions

The Supreme Court slammed the Uttar Pradesh government for the 'inhuman and illegal' demolition of houses in Prayagraj, ordering ₹10 lakh compensation to each affected owner

SC rejects Tushar Gandhi's plea against Sabarmati Ashram redevelopment

The Supreme Court on Tuesday rejected a plea filed by Mahatma Gandhi's great-grandson Tushar Gandhi against the Sabarmati Ashram redevelopment project. A bench of justices M M Sundresh and Rajesh Bindal said it was not inclined to interfere in the plea, noting there was a delay of over two years in filing the petition. Gandhi, in his plea against the Gujarat High Court, contended that the proposed project will alter the topography of the ashram. "The project has purportedly identified over 40 congruent buildings which will be preserved while the rest of them, roughly 200, will be destroyed or rebuilt," the plea submitted. The top court said a mere apprehension that the undertaking given by the state government that the main area of the ashram would not be affected cannot be a ground to challenge the order. The Gujarat High Court in 2022 had disposed Gandhi's plea after the government said the main area of the ashram would not be affected. Advocate General Kamal Trivedi, represent

SC rejects plea against Allahabad HC order on Sambhal mosque whitewashing

The Supreme Court on Tuesday refused to entertain a plea challenging an Allahabad High Court order that asked the Archaeological Survey of India to whitewash the Mughal-era Jama Masjid in Uttar Pradesh's Sambhal district. The high court had on March 12 asked the ASI to undertake and complete the whitewashing of the mosque within a week. "We are not inclined to entertain the present petition. Dismissed," ordered a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar. Appearing for appellant Satish Kumar Aggarwal, Lawyer Barun Sinha assailed the high court's order, saying the ASI was wrongly asked to whitewash the wall of the mosque. In his order, HC judge Justice Rohit Ranjan Agarwal had said, "The ASI shall undertake the whitewashing work and complete the same within a period of one week from today. Further, no extra lighting shall be put on the walls, as it may cause damage to the monuments, but exterior lights in the shape of focus lights/LED lights may be used b