Page 81 - Supreme Court

Newsmaker: Meet Justice Ranjana Desai, head of Gujarat panel on UCC

The retired Supreme Court judge, on the basis of whose report the Uniform Civil Code came into being in Uttarakhand, will draft a similar law for Gujarat

SC urged to expedite disposal of nearly 5,000 cases against lawmakers

With nearly 5,000 cases pending against sitting and former members of Parliament and members of legislative assemblies, the Supreme Court has been urged to issue directions to ensure expeditious disposal of cases against the lawmakers. The latest affidavit filed by senior advocate Vijay Hansaria, who has been appointed amicus curiae by the apex court in a PIL seeking expeditious disposal of criminal cases against MPs/MLAs, said that legislators have great influence on the investigation and/or trial of cases against them, and trials are not allowed to be concluded. "It is submitted that despite orders by this court from time to time and monitoring by the high court, a large number of cases are pending against the MPs and MLAs, which is a scar on the democratic setup of our country. "The pendency of a large number of cases, some of them for decades, shows that the legislators have great influence on the investigation and/or trial of cases against them, and the trial is not allowed to

SC to hear plea on schools, hosps' access to Rohingya refugees on Feb 10

The Supreme Court is scheduled to hear on Monday a plea of an NGO seeking direction to the Centre and the Delhi government to grant Rohingya refugees based in the national capital access to public schools and hospitals. A bench of Justices Surya Kant and N Kotiswar Singh is scheduled to hear the plea. On January 31, the top court asked the NGO Rohingya Human Rights Initiative to apprise the court about the places where these Rohingya refugees are settled in Delhi and the facilities accessible to them. It had asked senior advocate Colin Gonsalves to file an affidavit indicating their places of settlement in Delhi. Gonsalves said the NGO sought access to public schools and hospitals to Rohingya refugees as they were denied the access due to lack of Aadhaar cards. "They are refugees having UNHCR (United Nations High Commissioner for Refugees) cards and therefore they can't have Aadhaar cards. But, for want of Aadhaar they are not being granted access to public schools and hospitals,"

Chhota Rajan murder case: SC to hear CBI's plea challenging life sentence

The Supreme Court has agreed to hear a plea filed by the CBI challenging a Bombay High Court order that suspended the life sentence of gangster Chhota Rajan in the 2021 murder case of hotelier Jaya Shetty and granted him bail. A three-judge bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta issued notice to Rajan and sought his response within four weeks. "Issue notice, returnable within four weeks. In the meantime, counsel for the petitioner shall also clear the defects as pointed out by the Registry," the bench said. In May last year, a special court convicted Rajan for murdering Shetty and sentenced him to life imprisonment. Rajan filed an appeal in the HC against the conviction. In its order passed on October 23, 2024, the HC suspended his sentence and granted bail. The Central Bureau of Investigation (CBI) has challenged the HC order. Shetty, who owned the Golden Crown hotel at Gamdevi in central Mumbai, was shot dead by two members of Rajan's gang on the hotel's

SC to hear PIL seeking right to 'euthanasia' for rabies patients on Feb 10

The Supreme Court is slated to hear on Monday a PIL seeking the right to passive euthanasia for persons afflicted with rabies. A bench of Justices B R Gavai and K Vinod Chandran agreed to take up the petition filed by NGO All Creatures Great and Small on February 10 after the matter was mentioned for listing. In 2020, the top court issued notice to the Centre and sought responses from ministries of health and environment on the petition that was filed in 2019. In its plea, the NGO prayed that a procedure should be laid down for rabies patients to allow them or their guardians to opt for the assistance of physicians for assisted dying or passive euthanasia. On March 9, 2018, a five-judge Constitution bench of the SC held that right to life includes right to die and legalised passive euthanasia by allowing the creation of a 'living will' that could provide terminally ill patients or those in persistent vegetative state (PVS) with no hope of recovery a dignified exit by refusing medic

SC asks Danny Gaekwad to deposit Rs 600 crore for Religare counter offer

It asked US-based investor Danny Gaekwad to deposit Rs 600 crore in terms of its competing offer against the Burman family's open offer on or before February 12

Sambhal home demolition: SC asks petitioner to approach jurisdictional HC

The Supreme Court on Friday asked a petitioner, who was seeking initiation of contempt proceedings against Sambhal authorities for allegedly violating its verdict on demolition of properties, to approach the jurisdictional high court. "File it before the high court," a bench of Justices B R Gavai and K Vinod Chandran told the counsel appearing for petitioner Mohammed Ghayoor. "We find that the issue can be best addressed by the jurisdictional high court," the bench said, while granting liberty to the petitioner to approach the high court. In his plea filed in the apex court through advocate Chand Qureshi, the petitioner alleged the authorities violated the top court's November 13, 2024 verdict which laid down pan-India guidelines and barred demolition of properties without a prior showcause notice and giving 15 days to the aggrieved party to respond. The plea claimed authorities in Uttar Pradesh's Sambhal bulldozed a part of the petitioner's property on January 10-11 without a prio

SC refuses to entertain PIL of former Army officer on 1999 Kargil war

The Supreme Court on Friday refused to entertain a PIL filed by a former Army officer alleging lapses on the part of Army in acting on information with regard to Pakistan's incursions before the 1999 Kargil war. The judiciary normally does not go into the matter of national defencewhat happened in 1999 in the war is the internal matter relating to executive decision, a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar said. The bench was hearing a PIL filed by Panchkula-based former Army officer Manish Bhatnagar. He alleged that he had provided credible information about Kargil incursions much before it was officially taken note of and acted upon. There are certain things where the judiciary should not enter. It will be wrong on our part, the CJI said, adding, you participated in the war and now leave the issues as they are. Sensing the outcome, Bhatnagar, who argued the case, sought withdraw of the PIL which was permitted. Bhatnagar, a former officer of the 5

No proposal at present to hike salaries of SC, HC judges, says govt

There is no proposal at present to hike the salary and allowances of Supreme Court and high court judges, the government said in the Rajya Sabha on Thursday. The last time their salary, allowances and pensions were hiked was in 2017. "Presently, no proposal for enhancing pay, allowances and pension etc for the judges of Supreme Court and High Courts is under consideration of the government," Law Minister Arjun Ram Meghwal said in a written reply. He said the pay, allowance and pension in respect of judges of the Supreme Court and the 25 high courts are governed by The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 and The High Court Judges (Salary and Conditions of Services) Act, 1954 respectively. The salary, pension and allowances of judges of the higher were last revised with effect from January 1, 2016 following the implementation of the 7th Pay Commission recommendation by the government, through an amendment in both the laws. The chief justice of India

SC frames questions in TN govt-Guv row over withholding assent to bills

The Supreme Court on Thursday framed eight key questions for adjudication of the dispute between the Tamil Nadu government and Governor R N Ravi over withholding assent to bills passed by the legislative assembly. These include questions on the concept of pocket veto, the governor's authority and discretion. The posers were framed by a bench comprising Justices J B Pardiwala and R Mahadevan that is hearing the submissions of senior advocate Rakesh Dwivedi representing the Tamil Nadu government. The hearing is underway. The bench listed the questions at the outset of the day's proceedings. The first one, for instance, reads, When a state legislative assembly passes a bill and sends it to the Governor for assent, and the Governor withholds assent, but the bill is passed again and resubmitted does the Governor have the authority to withhold it once more? The next question is: Is the discretion of the governor to present a bill to the President limited to specific matters, or does it

CLAT 2025: SC transfers pleas challenging exam results to Delhi HC

In a significant development, the Supreme Court on Thursday transferred all petitions challenging the 2025 Common Law Admission Test (CLAT) results to a division bench of the Delhi High Court. A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan ordered that all the petitions will be taken up by the high court on March 3. The top court directed registrars of several high courts, including those of Bombay, Karnataka, Punjab and Haryana, Madhya Pradesh and Calcutta, to transfer the judicial records of pending cases to the Delhi High Court within seven days. On January 15, the bench had indicated that it might transfer all the petitions to one high court, preferably the Punjab and Haryana HC. CLAT, conducted on December 1, 2024, determines admissions to undergraduate and postgraduate law courses. Several pleas were filed in different high courts alleging that several questions in the undergraduate exam were wrong. Petitions were also filed ...

SC collegium approves appointment of five additional judges as permanent

The Supreme Court collegium on Wednesday approved the proposal for appointment of five additional judges of the high courts of Madras and Telangana as permanent judges. The collegium, headed by Chief Justice of India Sanjiv Khanna, held its meeting on Wednesday. "The Supreme Court collegium in its meeting held on February 5, 2025 has approved the proposal for appointment of the following additional judges as permanent judges in the Madras High Court -- Justice Venkatachari Lakshminarayanan and Justice Periyasamy Vadamalai," read the collegium statement. Another statement said the collegium had approved the proposal for appointment of additional judges -- Justice Laxmi Narayana Alishetty, Justice Anil Kumar Jukanti and Justice Sujana Kalasikam -- as permanent judges in the Telangana High Court.

'Are you waiting for muhurat to deport foreigners': SC slams Assam govt

"Are you waiting for some muhurat", the Supreme Court remarked on Tuesday as it came down heavily on the Assam government for keeping people declared as foreigners in detention centres indefinitely rather than deporting them. A bench of justices Abhay S Oka and Ujjal Bhuyan said once the detained persons are held to be foreigners, they should be deported immediately. "You have refused to start deportation saying their addresses are not known. Why should it be our concern? You deport to their foreign country. Are you waiting for some muhurat (auspicious time)? "Once you declare a person foreigner, then you have to take the next logical step. You cannot detain them till eternity. Article 21 of the Constitution is there. There are many foreigner detention centres in Assam. How many have you deported?" the bench told the counsel appearing for the Assam government. The top court directed the Assam government to start within two weeks the deportation of 63 persons kept in detention cent

SC to hear Union minister Kumaraswamy's plea in graft case on Feb 25

The Supreme Court on Monday said it would hear on February 25, the plea of former Karnataka chief minister H D Kumaraswamy seeking quashing of the proceedings in a corruption case. A bench of Justices Dipankar Datta and Manohan said it would decide the limited question of law over cognisance on which it issued notice in January, 2021. On January 18, 2021, the top court issued notice to the complainant one M S Mahadeva Swamy and the Karnataka government. Since then the matter was listed several times and no substantial hearing took place on Kumaraswamy's plea against the October 9, 2020 high court order refusing to quash the proceedings against him. The case relates to a private complaint filed by Swamy before the special judge under the Prevention of Corruption Act, in Bengaluru seeking prosecution of Kumaraswamy and others. The complaint alleged that de-notification of two plots of land in Halagevaderahalli Village, Uttarahalli Hobii, Begaluru South Taluk, during his tenure as ch

Stubble burning: SC asks CAQM to hold meeting with Punjab, Haryana, UP

The Supreme Court on Monday directed the Commission for Air Quality Management to hold a meeting with Punjab, Haryana and Uttar Pradesh governments on the proposed action plans to tackle the issue of stubble burning. A bench of Justices Abhay S Oka and Ujjal Bhuyan asked CAQM to consult the states and come out with its own views on the issue and submit suggestions by March 17. Senior advocate Rahul Mehra, representing the Punjab government, submitted farmers need to be convinced that crop diversification was a viable option. "There is a minimum support price (MSP) that has to be given and minimum assured procurement. In paddy produce 100 per cent produce is assured that it will be picked up by the Food Corporation of India -- which undertakes paddy cultivation. For maize and others, that procurement policy is not there," he said. Punjab advocate general Gurminder Singh said the state government supported steps for eradicating stubble burning but other factors that added to pollutio

SC fixes Feb 12 to hear case against CEC, ECs appointments under new law

The Supreme Court on Monday fixed February 12 to hear pleas against the appointment of the chief election commissioner and election commissioners under the 2023 law. A bench of Justices Surya Kant and N Kotiswar Singh said it would decide the issue on merit and finally. Advocate Prashant Bhushan, appearing for Association for Democratic Reforms NGO, said the matter was listed on February 4 but not likely to be heard due to other matters. Bhushan, who referred to the superannuation of incumbent Chief Election Commissioner (CEC) Rajiv Kumar on February 18, said the matter required an urgent hearing as it was covered by the 2023 verdict of the Constitution bench. He said the 2023 verdict ruled the election commissioners couldn't only be appointed by the government, but by an independent committee comprising the Prime Minister, Leader of Opposition and Chief Justice of India or else it would be a threat to the electoral democracy. "They have brought an Act by which they have removed t

SC dismisses plea challenging women-centric laws on allegation of misuse

The Supreme Court on Monday dismissed a plea challenging certain provisions of the Dowry Prohibition Act and alleging misuse of women-centric laws. "You can go and raise all these grounds in Parliament," a bench of Justices B R Gavai and K Vinod Chandran told the counsel appearing for the petitioner. The petitioner's counsel said they were seeking to challenge certain provisions of the Dowry Prohibition Act, 1961, including sections 2 and 3. While section 2 of the Act deals with definition of dowry, section 3 pertains to penalty for giving or taking dowry. The counsel said the petitioner was concerned about these laws which adversely impacts men. The public interest litigation (PIL) names laws like the Dowry Prohibition Act, the Protection of Women from Domestic Violence Act, and the provision on cruelty to women in the erstwhile Indian Penal Code to question their validity. The plea filed by petitioner Rupshi Singh highlighted the alleged malice in law, the unreasonableness cont

Mahakumbh stampede: SC refuses to hear PIL, asks petitioner to move HC

The Supreme Court on Monday refused to hear a PIL for specific guidelines to ensure safety of devotees attending the Maha Kumbh, where at least 30 people were killed and 60 injured in a pre-dawn stampede at Sangam area in Prayagraj. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar noted the submission of the Uttar Pradesh government that a plea was already filed in the Allahabad High Court on the issue and the present petition should be not examined in the apex court. Terming it an unfortunate incident, the top court asked the petitioner advocate Vishal Tiwari to move the Allahabad High Court. This is an unfortunate incident. But, you go to the Allahabad High Court, the bench told Tiwari. The top court noted the submissions of senior advocate Mukul Rohatgi, appearing for the UP government, that a judicial inquiry was initiated. The PIL was filed in the top court on January 30, a day after the incident in the stampede in Prayagraj. The incident took place on

SC to hear plea seeking safety measures for devotees at Mahakumbh on Feb 3

The Supreme Court is scheduled to hear on Monday a plea seeking implementation of specific guidelines and regulations to ensure safety of devotees attending the Maha Kumbh where at least 30 people were killed and 60 injured in a stampede on January 29. According to the cause list on February 3 uploaded on the apex court website, a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar is slated to hear the PIL filed by advocate Vishal Tiwari. The petition seeks to prevent stampede incidents and protect the fundamental rights of equality and life under Article 21 of the Constitution. The plea, which made the Centre and all the states as parties, has sought a direction to the Centre and the state governments to work collectively in ensuring a safe and secure environment for devotees at the Maha Kumbh. It said all states should establish facilitation centres at Prayagraj to provide safety information and assist their respective residents in emergencies. It also sought

Incident didn't happen in public view: SC quashes case under SC-ST Act

The Supreme Court on Friday quashed a case against a man booked under the SC/ST Act saying the alleged incident did not happen in public view. A bench of Justices B R Gavai and Augustine George Masih said Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, reveals for an offence to occur, it had to be established that the accused intentionally insulted or intimidated a member of either a SC or ST with the intent to humiliate in a place within public view. In addition, it said for constituting an offence under Section 3(1)(s) of the Act, it would be necessary that the accused abused any member of a SC or ST by caste name in any place within public view. "We are, therefore, of the considered view that since the incident has not taken place at a place which can be termed to be a place within public view, the offence would not come under the provisions of either section 3(1)(r) or section 3(1)(s) of the SC-ST Act," held the bench. Section