Page 76 - Supreme Court

Govt gets SC notice on plea asking better facilities for disabled prisoners

The Supreme Court has sought a response from the Centre on a plea seeking adequate facilities for disabled prisoners in jails, and implementation of the Rights of Persons with Disabilities Act, 2016, in prisons across the country. A bench of Justices Vikram Nath and Sandeep Mehta issued notice to the Union of India and others on a plea filed by activist Sathyan Naravoor. "Issue notice, returnable within four weeks," it said. Citing instances of professor G N Saibaba and activist Stan Swamy to highlight the "severe neglect" of disabled prisoners, the plea said necessary provisions should be incorporated in the existing Prisons Act to address the special needs of disabled inmates. Former Delhi University professor Saibaba died on October 12 last year at a state-run hospital in Hyderabad due to health-related complications, seven months after he was acquitted in a case of alleged links with Maoists after 10 years in prison. Swamy, arrested in the Bhima-Koregaon case, died at Mumbai's

Justice Joymalya Bagchi appointed to SC, set to become CJI in 2031

Justice Joymalya Bagchi is set to assume the role of Chief Justice of India upon the retirement of Justice KV Viswanathan on May 25, 2031

SC stays Bombay HC order, allows Pune eatery to use 'Burger King'

The Supreme Court has stayed a Bombay High Court order restraining a Pune eatery from using trademark "Burger King" until the infringement plea by the US food giant was heard and decided. A bench of Justices B V Nagarathna and Satish Chandra Sharma issued notice to Burger King Corporation on the appeal against the high court order. "The impugned order is stayed until further orders. However, the pendency of this special leave petition would not come in the way of the high court disposing of the appeal filed by the respondent herein as expeditiously as possible. We say so having regard to the fact that the respondent herein has been unsuccessful in the suit filed by it as the suit has been dismissed," the bench said on March 7. The Bombay High Court on December 2, 2024 restrained the Pune-based food business from using the name. The company in August, 2024, filed an appeal in the high court, challenging an order passed by a Pune court the same month dismissing its suit alleging ...

SC says govt exam fraud erodes public trust, cancels bail of accused

The Supreme Court has set aside the bail of two men accused of using a dummy candidate in a public recruitment examination saying the offence "chinks" faith of the people in the public administration and the executive. A bench of Justices Sanjay Karol and Ahsanuddin Amanullah allowed the appeal filed by the state government challenging the bail order by the Rajasthan High Court. "We are conscious of the fact that bail once granted is not to be set aside ordinarily, and we wholeheartedly endorse this view. The view taken hereinabove, however, has been taken keeping in view the overall impact of the alleged acts of the respondent-accused and its effect on society," the bench said. The court said in reality there were far more government job takers than available jobs in India. The FIR alleged that one Indraj Singh compromised the sanctity of the Assistant Engineer Civil (Autonomous Governance Department) Competitive Examination, 2022 as a "dummy candidate" on his behalf appeared for

SC judge expresses displeasure over 'illegal banner culture' in Maharashtra

Supreme Court Judge Justice Abhay Oka on Saturday expressed displeasure over the culture of illegal banners, and said the Bombay High Court had earlier mandated that prior authorisation was necessary to display them. Speaking at the inauguration of a magistrate court in Mira Bhayandar township in Maharashtra's Thane district, he also expressed annoyance over the "lack of discipline" at the event, and pulled up media representatives and some other attendees for jostling and pushing. On the occasion, Justice Oka urged the Maharashtra government to appoint more judges and provide infrastructure and modern technology in courts. He said on his way to the venue, he spotted several banners put up to welcome guests at the event. Although he was initially delighted to see them, he later realised that these banners were illegal, the SC judge said. "A Bombay High Court judgment mandates that no banners or hoardings should be displayed without prior authorisation. But none of these hoardings

Dharavi redevelopment contract: SC seeks response from Maha govt, Adani

UAE-based SecLink Technologies had filed a plea challenging the state govt's decision to cancel its 2019 bid for the Dharavi redevelopment project and award the tender to Adani Properties in 2022

SC to hear pleas seeking probe into Pegasus spyware use on April 22

The Supreme Court on Friday said it would hear on April 22 pleas seeking a probe into the alleged unauthorised use of Pegasus spyware for surveillance of journalists among others. A bench of Justices Surya Kant and N Kotiswar Singh deferred the hearing after solicitor general Tushar Mehta, seeking an adjournment, said the matter had come up after a long time. Senior advocate Kapil Sibal, appearing for the petitioners, said only two petitions were listed on Friday and there were other connected petitions, which required a hearing. The bench directed the registry to fix all the matters on the issue on April 22. On August 25, 2022, the top court said the technical panel appointed by it to probe the unauthorised use of Pegasus found some malware in five of 29 examined cellphones but it could not be held that the Israeli spyware was used. After perusing the report submitted by former apex court Justice R V Raveendran, the top court said the Central government did not cooperate with the

SC to hear CBI plea against bail to ex-DHFL promoter Dheeraj Wadhawan

The Supreme Court on Friday agreed to hear the CBI's plea challenging the Delhi High Court's order of bail to former DHFL promoter Dheeraj Wadhawan in the multi-crore bank loan scam case. A bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar issued notice to Wadhawan and sought his response on the plea. The high court on September 9, 2024 granted him bail on medical grounds saying Wadhawan fell within the parameters of a "sick person". During the arguments in the apex court, additional solicitor general S V Raju, representing the CBI, said Wadhawan suffered from no serious medical ailments and huge amounts of money were siphoned off in the case. He argued Wadhawan was a man with "money bags" and spent most of the time out in hospital. Senior advocate Abhishek Singhvi, appearing for Wadhawan, opposed the submissions and referred to his medical reports. The bench issued notice to Wadhawan and posted the hearing in the week of April 28. The Wadhawan brothers -- Kapil and

SC refuses to stay Dharavi project, asks Adani to maintain separate account

The SC ruling follows Seclink Technologies' challenge to Maharashtra's decision to award Asia's largest urban rehab project to Adani Group, disputing the bidding process

SC adjourns hearing on CBI's plea to transfer trial against Yasin Malik

The Supreme Court on Friday adjourned to April 4 the hearing on a plea filed by the CBI to transfer trial against jailed JKLF chief Yasin Malik and other co-accused in two cases from Jammu and Kashmir to Delhi. A bench of Justices Abhay S Oka and Ujjal Bhuyan deferred the matter as Solicitor General Tushar Mehta was not available. During the hearing, Malik appeared before the court through video-conferencing. He requested the court to post the matter after Ramzan to which the bench agreed. The top court had earlier directed Malik to appear before it through video-conferencing on March 7 It was informed that the Jammu sessions court was "well-equipped" with the video-conferencing system enabling the virtual examination. The Central Bureau of Investigation (CBI) sought the transfer of the trials in the 1989 case of the kidnapping of Rubaiya Sayeed, daughter of former union minister Mufti Mohammed Sayeed, and the 1990 Srinagar shootout case, from Jammu to New Delhi. The top court .

SC Collegium recommends Calcutta HC judge Joymalya Bagchi for top court

The Supreme Court on Thursday recommended the appointment of Calcutta High Court judge Justice Joymalya Bagchi as a judge of the Supreme Court. The five-member Collegium, headed by Chief Justice Sanjiv Khanna, noted that no Calcutta High Court judge rose to become the Chief Justice of India since the retirement of Justice Altamas Kabir on July 18, 2013. The Collegium also took into consideration the fact that the Calcutta High Court has only one representation in the Supreme Court bench at present. If the Collegium's recommendation is cleared by the Centre, Justice Bagchi would have a tenure of more than six years in the top court, during which he will also serve as the Chief Justice of India. The Collegium, also comprising justices B R Gavai, Surya Kant, Abhay S Oka and Vikram Nath, noted that Justice Bagchi stands at serial number 11 in the combined all-India seniority of high court judges, including chief justices. "The Collegium has, therefore, unanimously resolved to recommen

PIL challenges bar in Places of Worship Act 1991 on religious character

A PIL has been filed in the Supreme Court against the constitutional validity of a provision of the Places of Worship (Special Provisions) Act, 1991, which mandates maintaining the religious character of a place as it existed on August 15, 1947. The plea, therefore, sought the top court's directions allowing courts to pass appropriate orders to ascertain the original religious character of a place of worship. The petition claimed to have challenged only Section 4(2) of the Act that barred proceedings to change the religious character, aside from prohibiting filing of fresh cases on the same issue. "The Centre has transgressed its legislative power in barring the judicial remedy, which is a basic feature of the Constitution. It is well established that the right to judicial remedy by filing suit in a competent court, cannot be barred and the power of courts cannot be abridged and such denial has been held to be violative of basic feature of the constitution, beyond legislative power,

Courts mustn't hesitate in refusing liberty for corruption-free society: SC

The Supreme Court has said courts should not hesitate in denying liberty to the accused for ensuring a corruption free society. A bench of Justices J B Pardiwala and R Mahadevan accordingly upheld the dismissal of a public official's anticipatory bail in a corruption case. The court lamented corruption had in it "very dangerous potentialities". Further, it opined an "over solicitous homage to the accused's liberty can, sometimes, defeat the cause of public justice". The top court was hearing the plea of a public servant against an order of the Punjab and Haryana High Court denying him the relief. The high court rejected his anticipatory bail in a case filed against him in Patiala under the provisions of the Prevention of Corruption Act, 1988, and the Bharatiya Nyaya Sanhita, 2023. The top court said the accused was alleged to have demanded illegal gratification over an audit in the development work in a gram panchayat. "If even a fraction of what was the vox pupuli about the magn

SC to take up GM mustard case challenging Centre's nod from April 15

The court has told all parties to file their written submissions within a week

Challenge to Centre's approval of GM mustard: SC defers matter to Apr 15

The Supreme Court on Thursday deferred to April 15 the hearing on pleas against the validity of the Centre's 2022 decision granting conditional approval on the environmental release of genetically modified (GM) mustard crop. A bench of Justices Abhay S Oka, Sudhanshu Dhulia and Ujjal Bhuyan adjourned the matter after attorney general R Venkataramani sought time to argue the matter. Venkataramani said a series of discussions at the highest level of the government were underway. Advocate Prashant Bhushan, appearing for the petitioners, submitted the special bench was directed long ago to hear the matter on Thursday and sought to argue. The top court, however, said it wanted to hear the matter at length without any discontinuity. The matter was then posted for hearing on April 15 and 16. On July 23, 2024, the apex court delivered a split verdict on the validity of the Centre's 2022 decision granting conditional approval for environmental release of GM mustard crop. It, however, ...

SC disapproves 'long dates' in matters of liberty, urges expedited hearing

The Supreme Court on Thursday said courts were not expected to keep the matters concerning liberty after a long gap. A bench of Justices B R Gavai and Augustine George Masih made the observation after being informed that the Punjab and Haryana High Court posted the hearing of a plea for temporary bail on medical grounds after two months. The petitioner's counsel said he had approached the high court for the grant of temporary bail on the ground that his client's two-year-old daughter needed urgent surgery. The lawyer argued the high court, in its order passed on February 21, posted the matter on April 22. "In the matters of liberty, the courts are not expected to keep the matter at such a long date," the bench said and permitted the petitioner to move the high court for an earlier hearing. The bench asked the high court to advance the date and hear the issue at least with regard to grant of temporary bail on the medical ground of operation of the petitioner's daughter. The ...

SC grants Udhayanidhi Stalin relief in 'Sanatana Dharma' remark case

The Supreme Court has extended interim protection to Tamil Nadu Deputy Chief Minister Udhayanidhi Stalin, directing that no new FIRs be registered against him concerning his 'eradicate Sanatana Dharma

SC raps Uttarakhand for not filing affidavit in CAMPA funds misuse case

The Bench of Justices BR Gavai and AG Masih said that the state had provided no explanation for why the funds (allocated for compensatory afforestation) were used to purchase iPhones and laptops

'Shameless': Supreme Court tears into Punjab govt in pension scheme case

Supreme Court slams Punjab govt as 'shameless' for disowning counsel's statements and issues contempt notices to Chief Secretary and another official over the pension case

SC takes exception to UP govt's high-handed case of demolition in Prayagraj

The Supreme Court on Wednesday slammed the Uttar Pradesh government over demolition of houses in Prayagraj without following proper legal procedure and said the action sends a "shocking and wrong signal". A bench of Justices Abhay Oka and N Kotishwar Singh took exception to "high-handed" case of demolition and said the demolished structures will have to be reconstructed. "Prima facie, this action sends shocking and wrong signal and this is something that needs to be corrected. You are taking such drastic action of demolishing homes... We know how to deal with such hyper technical arguments. After all there is something known as Article 21 and Right to Shelter," the bench said. Attorney General R Venkataramani defended the action of the state government saying that reasonable time was given to the petitioners to respond to the demolition notice. He said the matter should be sent to the high court for consideration. The counsel appearing for the petitioners stated that the state ...