Page 80 - Supreme Court

Defamation case: SC exempts Shivraj Chouhan from personal appearance

The Supreme Court on Wednesday extended its earlier order exempting Union Agriculture Minister Shivraj Singh Chouhan from personal appearance before a trial court in connection with a criminal defamation case lodged against him by Congress MP Vivek Tankha. Tankha, also a senior advocate, has alleged that the union minister and BJP state president V D Sharma and former minister Bhupendra Singh carried out a "coordinated, malicious, false and defamatory" campaign against him for political mileage, accusing him of opposing OBC reservation in the 2021 Panchayat election in Madhya Pradesh. A bench comprising Justices MM Sundresh and Rajesh Bindal deferred to March 26 the hearing on a plea of Chouhan and two other BJP leaders. The top court was hearing the appeal of Chouhan against the October 25 order of the Madhya Pradesh High Court refusing to quash the defamation case. While Chouhan was represented by senior advocate Mahesh Jethmalani, Tankha was represented by senior lawyer Kapil Si

SC fixes April 16 for hearing pleas against appointment of CEC, ECs

The Supreme Court on Wednesday fixed April 16 for hearing a batch of pleas challenging the appointment of the chief election commissioner (CEC) and election commissioners (EC) under the 2023 law. A bench of Justices Surya Kant and N Kotiswar Singh fixed the date for hearing the pleas after advocate Prashant Bhushan said the matter is listed at number 38 and is not likely to reach for hearing during the course of the day. Bhushan requested an urgent hearing of the matter, saying it goes to the root of democracy and the issue is covered by the 2023 Constitution bench verdict. Justice Kant said the court understands all these arguments but a lot of urgent matters are listed every day. "We will fix it on April 16, so that the matter is finally heard," the bench said. Bhushan, appearing for petitioner NGO Association for Democratic Reforms, said the matter involved a short legal question -- whether the 2023 Constitution bench verdict should be followed for the appointment of the CEC an

Direct insurance firms to pay motor claims in bank accounts: SC to courts

The Supreme Court on Tuesday asked courts and tribunals to direct insurance companies to transfer claim amounts directly to the claimants' bank accounts to avoid unnecessary delays. A bench of Justices JK Maheshwari and Rajesh Bindal gave the directions in a motor accident claim matter. "The general practice followed by the insurance companies, where the compensation is not disputed, is to deposit the same before the tribunal. Instead of following that process, a direction can always be issued to transfer the amount into the bank account(s) of the claimant(s) with intimation to the tribunal," it said. According to the practice extant, insurance companies, when they are supposed to pay a claim, either deposit the sum with the tribunal, or in some small percentage of cases, transfer it to the accounts of the claimants if directed by the tribunal in the award. Once the amount is deposited before the tribunal, the claimant(s) must move an application for withdrawal. It is usually not .

Wikimedia moves SC seeking to quash HC order asking it to take down content

In a new legal challenge against that decision, Wikimedia has told India's Supreme Court to quash the ruling, saying it infringes on its right to "host a page on court proceedings"

Six SC judges to visit relief camps in violence-hit Manipur on March 22

NALSA said that the proposed visit of judges highlights the ongoing need for legal and humanitarian assistance to the affected communities of the violence-hit state

SC seeks CBI roadmap to unravel builder-banks nexus duping homebuyers

The Supreme Court on Tuesday ordered the CBI to submit a roadmap on how it plans to unravel the "builder-banks nexus" which has duped thousands of homebuyers in the NCR as it proposed to go into the root of the matter. A bench of Justices Surya Kant and N Kotiswar Singh said thousands of homebuyers were affected by the subvention scheme, where banks paid 60 to 70 per cent of the home loan amount to the builders without projects being completed within the stipulated time. Under the subvention scheme, banks disburse the sanctioned amount directly to the accounts of builders, who are then required to pay EMIs on the sanctioned loan amount until flats are handed over to homebuyers. After builders started defaulting on EMIs to banks, as per the tripartite agreement, the banks sought EMIs from the homebuyers. "We hope that there is no mafia involved," the bench said. The court directed CBI counsel additional solicitor general Aishwarya Bhati to submit a proposal outlining the investigat

Willing to talk about putting online booth-wise voter data: EC tells SC

The PILs sought a direction to the poll panel to upload polling station-wise voter turnout data on its website within 48 hours of conclusion of polling in the Lok Sabha and assembly elections

Open to talk about putting online polling booth-wise voter data: EC to SC

The Supreme Court on Tuesday noted the Election Commission of India's (ECI) submission that it was willing to deliberate over the demand for uploading polling booth-wise voter turnout data on its website and asked the petitioners to make representations before the poll panel in 10 days. A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan was hearing two PILs filed by TMC MP Mahua Moitra and NGO Association for Democratic Reforms in 2019, respectively. The PILs sought a direction to the poll panel to upload polling station-wise voter turnout data on its website within 48 hours of conclusion of polling in the Lok Sabha and assembly elections. Senior advocate Maninder Singh, appearing for the poll panel, said Chief Election Commissioner Gyanesh Kumar wanted to meet and discuss the grievance. "Here is a new chief election commissioner now. The petitioners can meet him and it may be addressed, he said. The CJI then said, "In the meanwhile, the .

Can't avail UPSC attempts as able, disabled candidate: SC to Puja Khedkar

The Supreme Court on Tuesday told former IAS probationer Puja Khedkar -- who's accused of cheating and wrongly availing OBC and disability quota benefits in the civil services examination -- that she cannot avail separate attempts to clear the test as an "able candidate" and an "disabled candidate". A bench of justices B V Nagarathna and Satish Chandra Sharma posted the plea of Khedkar for further hearing on April 15 after her counsel sought time to file response to an affidavit of Delhi government. The top court also extended the protection from arrest granted to Khedkar on January 15 till April 15. Additional Solicitor General (ASG) S V Raju, appearing for the Delhi government, said they need custodial interrogation of Khedkar to ascertain the identity of the middlemen involved in the alleged scam of preparing fake disability certificates for UPSC aspirants. Advocate Bina Madhavan, appearing for Khedkar, said they have written to the probe agency about her willingness to cooperat

SC flags rising bail rejections, says democracy must not be police state

The Supreme Court has expressed dismay over rejection of bail pleas by trial courts in "not very serious cases" despite the completion of investigations. A bench comprising justices Abhay S Oka and Ujjal Bhuyan on Monday said a democratic country must not function like a police state, where law enforcement agencies exercise arbitrary powers to detain individuals without genuine necessity. It observed that two decades ago, bail pleas in smaller cases rarely reached the high courts, let alone the top court. "It is shocking that the Supreme Court is adjudicating bail pleas in cases that should be disposed of at the trial court level. The system is being burdened unnecessarily," Justice Oka said while hearing a bail plea. This is not the first time the top court has flagged this issue. It has repeatedly urged trial courts and high courts to adopt a more liberal stance in granting bail, particularly in cases involving minor infractions. The apex court had previously expressed its angui

SC gives 3 months to Centre for delimitation exercise in Northeast

The Supreme Court on Monday granted three months to the Centre for carrying out the delimitation exercise in Arunachal Pradesh, Nagaland, Manipur and Assam. A bench headed by Chief Justice Sanjiv Khanna noted the request of Centre's solicitor general Tushar Mehta, who sought some more time. The bench then deferred the hearing to July 21 and asked the Centre to do the needful within three months. The top court had previously raised concerns over the delay in carrying out the delimitation exercise in these states despite a 2020 presidential order rescinding the deferment of the process. "Once the president rescinds the notification, that is enough to proceed with the delimitation exercise. Where does the government come in?" the bench asked as it told the Centre's counsel to seek instructions. The Centre said while consultations were underway for Arunachal Pradesh and Nagaland, the ongoing violence in Manipur made the situation unconducive. The bench was hearing a plea filed by ..

Delhi HC asks Centre to follow SC order on plea to rename India as Bharat

The Delhi High Court has asked the Centre to expeditiously comply with an order of the Supreme Court for considering a representation for amending the Constitution and replacing the word India with "Bharat" or "Hindustan". Justice Sachin Datta also allowed the petitioner to withdraw his petition in this regard. The order passed on March 12 said, "After some hearing, senior counsel for the petitioner seeks to withdraw the present petition with leave to pursue the matter with the ministries concerned for disposal of the petitioner's representation in terms of the order dated June 3, 2020 passed by the Supreme Court...the present petition stands dismissed as withdrawn." The Centre's counsel should appropriately convey to the ministries concerned for expeditious compliance of the order passed by the Supreme Court, it added. The petitioner had initially moved the Supreme Court, which in 2020, directed the petition be treated as a representation that could be considered by appropriate ..

Manipur ethnic violence: Cases to be tried in Guwahati itself, says SC

A three-judge bench headed by Chief Justice Sanjiv Khanna also extended till July 31, 2025, the tenure of a committee headed by Justice Gita Mittal

SC seeks Centre's reply on PIL challenging CAG appointment procedure

The Supreme Court on Monday sought the Centre's response on a PIL seeking that the current practice of appointment of the Comptroller and Auditor General of India solely by the executive and the prime minister be declared violative of the Constitution. A bench of Justices Surya Kant and N Kotiswar Singh issued notice on the PIL filed by an NGO, Centre for Public Interest Litigation, and tagged it with the pending matter on the same issue. Advocate Prashant Bhushan, appearing for the NGO, said that the question is of independence of the institution and alleged that audits by CAG of states like Maharashtra, where the BJP is in power, are being stalled. The PIL also sought direction of the court mandating that the CAG shall be appointed by the President in consultation with an independent and neutral selection committee comprising of the prime minister, the leader of the opposition (LoP) and the chief justice of India and in a transparent manner. It said that the direction for ...

SC to hear on March 18 suo motu proceeding initiated over Lokpal's order

The Supreme Court is scheduled to hear on March 18 a suo motu proceeding in which it had stayed the Lokpal's order on entertaining complaints against sitting high court judges. A three-judge bench comprising Justices B R Gavai, Surya Kant, and Abhay S Oka is slated to hear the matter. The top court is dealing with a suo motu proceeding initiated over the January 27 order passed by the Lokpal. While hearing the matter on February 20, the apex court stayed the Lokpal order, saying it was "something very, very disturbing" and concerned the independence of the judiciary. The top court had issued notice and sought responses from the Centre, the Lokpal registrar and the person who filed complaints against a sitting high court judge. Solicitor General Tushar Mehta, appearing for the Centre, had said a high court judge would never fall within the ambit of the Lokpal and Lokayuktas Act, 2013. Dealing with Lokpal's order on two specific complaints against the sitting high court judge, the

Calcutta HC Justice Joymalya Bagchi to be sworn in as SC judge on March 17

Justice Joymalya Bagchi, a judge of the Calcutta High Court, will on Monday be sworn in as a Supreme Court judge. Chief Justice of India (CJI) Sanjiv Khanna will administer the oath of office to Justice Bagchi in the presence of other Supreme Court judges at a ceremony on the apex court premises. Once Justice Bagchi takes oath, the Supreme Court will have 33 judges against its sanctioned strength of 34. Justice Bagchi will have a tenure of more than six years in the top court, during which he will also serve as the CJI. Born on October 3, 1966, Justice Bagchi will assume the office of CJI upon the retirement of Justice KV Viswanathan on May 25, 2031. His tenure will last till his his retirement on October 2, 2031. Justice Bagchi's name was cleared by the central government on March 10 for appointment as a Supreme Court judge. On March 6, a five-member collegium headed by CJI Khanna recommended his name for Supreme Court judgeship. The collegium -- also comprising Justice BR Gava

30% of law officers representing govts should be women: Justice Nagarathna

Supreme Court judge Justice BV Nagarathna on Saturday hailed the reservation for women in gram panchayats and asserted that at least 30 per cent of law officers representing the Union and state governments must be women. Justice Nagarathna called for the elevation of competent women advocates as high court judges in order to have greater diversity on the bench. If male advocates under 45 years can be appointed to HCs, then why not competent women counterparts, the apex court judge questioned while addressing a seminar on 'Breaking Glass Ceiling: Women Who Made It' organized here by Mumbai University. "To successfully break the glass ceiling, we must not let girls and women of tomorrow be conditioned to the anachronistic lens of gender-roles and virtues. There is no virtue for success that is exclusive to men and lacks in women," she said while pointing out that younger women lack role models and mentors to inspire, encourage and help them to navigate through and succeed in the legal

SC to hear plea on Mar 18 to bar poll candidates with serious offences

The Supreme Court is scheduled to hear on March 18 a plea seeking to debar from polls, candidates charged with serious offences. A bench of Justices Surya Kant and N Kotiswar Singh would likely hear the matter. The apex court in September 2022 sought responses from the Centre and the Election Commission of India (ECI) on the plea filed by advocate Ashwini Kumar Upadhyay. Aside from seeking to debar persons against whom charges were framed in criminal cases, the plea also sought directions to the Centre and the ECI to restrain such candidates put on trial for serious offences. The plea, filed through advocate Ashwani Kumar Dubey, alleged that despite recommendations of the Law Commission of India and court's previous directions, the Centre and the ECI did not act. The plea said of the 539 winners of the 2019 Lok Sabha election, about 233 or 43 per cent, declared facing criminal cases. Referring to data from a report of NGO Association for Democratic Reforms, the petition said ther

Notify posts for special education teachers by March 28: SC to states, UTs

The apex court made it clear that selection and appointment should be made of qualified or competent or eligible teachers only

SC's ruling on interim moratorium to keep errant developers in check

Ruling that such moratorium doesn't shield anyone from paying regulatory dues is a blow to unscrupulous businesses, they say