Page 78 - Supreme Court

SC overturns termination of two women judges in MP, orders reinstatement

The Supreme Court on Friday set aside the orders terminating the services of two women judicial officers in Madhya Pradesh in 2023, terming the action as "punitive, arbitrary and illegal". A bench of Justices B V Nagarathna and N Kotiswar Singh directed that the two officers be reinstated in service within 15 days. "The termination of these two judicial officers is punitive, arbitrary and therefore illegal," Justice Nagarathna said while pronouncing the verdict. Justice Nagarathna said the verdict also discusses issue of women in Indian judiciary. On December 17, 2024, the top court had reserved its verdict in the matter pertaining to the termination of two women judicial officers by the Madhya Pradesh High Court. On November 11, 2023, the top court had taken a suo motu cognisance of the termination of six women civil judges by the state government over their alleged unsatisfactory performance. However, a full court of the Madhya Pradesh High Court reconsidered its earlier resolu

Protections granted under criminal law apply to Customs, GST Acts: SC 

The court upheld the constitutional validity of arrest and prosecution provisions under GST and Customs

Anticipatory bail applicable to GST, customs law even in absence of FIR: SC

In a significant verdict, the Supreme Court on Thursday held that the provision of anticipatory bail is applicable to the Goods and Services Act and customs law and persons can move courts for pre-arrest bail even if an FIR is not in place. A bench comprising Chief Justice Sanjiv Khanna and Justices MM Sundresh and Bela M Trivedi had reserved the verdict on May 16, last year on a batch of pleas challenging the penal provisions in the Customs Act, the GST Act as being non compatible with the Code of Criminal Procedure CrPC and the Constitution. Pronouncing the verdict, the CJI said the provisions of CrPC and the subsequent law, Bharatiya Nagarik Suraksha Sanhita (BNSS), on issues like anticipatory bail would be applicable to persons under the Customs and the GST Acts. It held that persons facing possible arrest under the GST and Customs Acts are entitled to seek anticipatory bail, even before an FIR is registered. The detailed judgement is awaited. The lead petition was filed by on

Bhopal gas tragedy: SC refuses to interfere with HC order on waste disposal

The Supreme Court on Thursday refused to interfere with the Madhya Pradesh High Court order on shifting toxic waste from the 1984 Bhopal gas tragedy and disposing it in Pithampur area of Madhya Pradesh's Dhar district. A bench of Justices B R Gavai and A G Masih also refused to stay Thursday's trial run of disposal of the waste from the Union Carbide India Ltd plant. It noted that experts from NEERI, NGRI and CPCB have given their views on the issues, which were considered by the high court as well as the expert panel. The bench asked aggrieved parties, including civil society members, to approach the high court which is seized of the matter. On February 25, the top court asked authorities to apprise it about the precautions taken to dispose the waste. Around 377 tonnes of hazardous waste from the now defunct Union Carbide factory was shifted to Pithampur industrial area, about 250 km away from Bhopal and 30 km from Indore, for disposal at a plant. Highly toxic gas methyl isocyanat

SC stays order asking govt to procure drugs for patient with rare disorder

The Supreme Court has stayed in the interim a Kerala High Court order directing the Centre to provide an additional Rs 18 lakh worth of medicines to a patient suffering from spinal muscular atrophy, beyond its Rs 50 lakh cap. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar on February 24 issued notice to the respondents on Centre's plea. "Issue notice returnable in the week commencing April 17, 2025... till the next date of hearing, there will be a stay of the order of the impugned judgment." Spinal muscular atrophy (SMA) is a rare genetic disorder characterised by progressive muscle weakness and wasting, affecting the nerve cells responsible for controlling voluntary muscle movement. Under the policy, Centre can provide Rs 50 lakh for treatment to a needy patient. The high court on February 6 instructed that the SMA drug Risdiplam should be provided as a one-time measure to ensure continued treatment for 24-year-old Seba PA till the matter over its high ..

Govt opposes lifetime ban on convicted lawmakers, defends 6-year period

In this matter, the Supreme Court observed that there is an "apparent conflict of interest" in allowing a law-breaker to be a lawmaker

Next step on Union Carbide waste disposal depends on SC's orders: Official

The government authorities will wait for the Supreme Court's directions before proceeding with the plan to dispose of 337 tonnes of waste from Bhopal's Union Carbide factory at a waste disposal unit in Pithampur, a senior Madhya Pradesh government official said on Tuesday. On the intervening night of December 2 and 3, 1984, highly toxic methyl isocyanate (MIC) gas leaked from the Union Carbide factory in Bhopal. At least 5,479 people were killed and thousands were crippled. It is considered as one of the world's biggest industrial disasters. "The next hearing in the matter of disposal of Union Carbide waste is scheduled in the Supreme Court on February 27, and we will wait for what direction the court gives in this hearing," Indore Divisional Commissioner Deepak Singh told PTI. The administration's next step regarding the plan to dispose of Union Carbide's waste will depend on the instructions of the apex court, he said. The commissioner's statement came after the Supreme Court on

Punishment for breach of privileges must be proportionate to misconduct: SC

The judgment also outlined a few guiding principles for courts to consider while scrutinising the proportionality of actions taken by the House against its member(s)

SC reserves verdict on Assam 'fake' encounters after state defends probe

The Supreme Court was on Tuesday informed by the Assam government that the 2014 guidelines for investigating police encounters were duly followed in the state and unnecessary targeting of security forces was demoralising. Following the submission, a bench of Justices Surya Kant and N Kotiswar Singh reserved the verdict on a plea seeking an independent investigation over 171 alleged fake police encounters in Assam between May, 2021 and August, 2022. Solicitor general Tushar Mehta, representing the Assam government, said the Supreme Court's guidelines for the investigation of police encounters in the 2014 case of PUCL v. Maharashtra were being "followed to the hilt". Mehta added, "All the necessary protocols are followed and safeguards taken. If they (security personnel) are guilty, they need to be punished but if they are not guilty, then they need to be protected by the state. Unnecessary targeting may have a demoralising effect on security forces especially the conditions they have

Woman faces perjury probe over false rape claims against Shah Nawaz Hussain

The court was hearing Hussain's plea under Section 340 of the CrPC regarding false evidence and perjury

Supreme Court calls for mechanism under law for misleading ads complaints

A bench of Justices Abhay S Oka and Ujjal Bhuyan asked senior advocate and amicus curiae Shadan Farasat to submit a note on the implementation of the Act before the next hearing

SC to hear plea over shortage of drugs for treating HIV patients on Monday

The Supreme Court is scheduled to hear on Monday a plea concerning alleged shortage of anti-retroviral therapy drugs for treating HIV patients in the country. As per the cause list of February 24 uploaded on the apex court website, a bench comprising Justices Abhay S Oka and Ujjal Bhuyan is slated to hear the petition filed in 2022 by NGO 'Network of People Living with HIV/AIDS' and others. The Centre had in July last year apprised the apex court that the government was ensuring availability of free, life-long anti-retroviral (ARV) drugs for all people living with HIV through anti-retroviral therapy centres under the National AIDS Control Programme. It had said as on date, there was adequate stock of all ARV drugs nationally under the programme. The counsel appearing for the petitioners had said in view of the developments which had taken place since the filing of the petition, presently there was no shortage of ART drugs. However, the counsel had flagged certain difficulties in .

SC stays NCLAT order asking NBCC to complete Supertech housing projects

The Supreme Court on Friday stayed an order appointing state-owned NBCC as the project management consultant to complete debt-ridden realty firm Supertech Ltd's 16 housing projects at nearly Rs 9,500 crore cost. A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan heard two appeals against the NCLAT order and expressed concern for home buyers. The bench issued notices to the parties on the appeals and stayed the NCLAT order that appointed NBCC to take over the Supertech projects. The bench said it would examine whether the NCLAT followed the procedure under the Insolvency and Bankruptcy Code while appointing the NBCC as a project management consultant to complete the housing projects. The National Company Law Appellate Tribunal (NCLAT) on December 12, 2024 asked the National Buildings Construction Corporation (NBCC), a PSU under the union Ministry of Housing and Urban Affairs, to complete 16 housing projects, comprising 49,748 homes in Uttar

Narco terror case: SC calls charges 'serious', denies bail plea of accused

The Supreme Court on Friday refused to hear the bail plea of an accused in an alleged narco terrorism case, relating to the seizure of 532 kilogram of heroin and 52 kilogram of mixed narcotics worth Rs 2,700 crore at Attari. A bench comprising Justices M M Sundresh and Prashant Kumar Mishra refused to agree with the submissions of senior advocate Colin Gonsalves, appearing for one Tariq Ahmed Lone, that he should be granted bail as the contraband was not recovered from him. The charges are very serious, the bench said while dismissing the bail plea. The accused persons were booked and chargesheeted for allegedly trying to smuggle the contraband into India from Pakistan through Attari Integrated Check Post in 2019. Lone, a resident of Kupwara in Jammu and Kashmir, moved the top court against the October 4, 2024 order of the Punjab and Haryana High Court denying him bail in the case. A special NIA court in Mohali rejected his bail plea on February 11, 2021. Gonsalves sought bail by

SC directs UP Police to complete probe against MLA Abbas Ansari in 10 days

MLA Abbas Ansari is facing charges under the the Gangsters Act, as well as, separate allegations connected to money laundering

SC seeks response from Maharashtra, Assam govts on Ashish Chanchlani's plea

The Supreme Court on Friday sought response of Maharashtra and Assam governments on a plea of YouTuber Ashish Chanchlani seeking to quash or transfer to Mumbai an FIR registered in Guwahati in connection with a case of allegedly promoting obscenity in an online show. A bench of Justices Surya Kant and N Kotiswar Singh issued notice and tagged Chanchlani's plea with influencer Ranveer Allahbadia's pending petition. At the outset, the bench told Chanchlani's counsel that he was already granted bail in the matter. Counsel for Chanchlani admitted that he has got the relief but he was against lodging multiple of the FIR in connection with that one particular show. The bench said it was already hearing the issue and tagged Chanchlani's plea. On February 18, the top court granted interim protection from arrest to podcaster Ranveer Allahbadia over his comments on a YouTube show while calling it "vulgar" and saying he had "dirty mind" which put the society to shame. Several FIRs were lodg

From Ranveer Allahbadia to Nupur Sharma: Justice Surya Kant's top remarks

Justice Surya Kant, who criticised YouTuber Ranveer Allahbadia for offensive comments, has often made remarks during court hearings which have garnered significant attention

India's Got Latent row: Centre asks OTT, social media to follow regulations

In its latest notice, the Ministry of Information and Broadcasting has acknowledged the alleged dissemination of obscene, pornographic, and vulgar content on OTT platforms and social media

Big relief for Patanjali Foods as SC quashes Rs 186 crore tax demand

Earlier the NCLT had quashed the tax demands, leading the Income Tax Department to challenge it in the Bombay High Court, before escalating matter to the Supreme Court

'Very disturbing': SC halts Lokpal's decision to probe high court judges

The Lokpal's order followed complaints that a High Court judge tried to influence two judges in a case involving a private company