Page 82 - Supreme Court

Election rules change row: SC orders EC to preserve video clips of polling

The Supreme Court on Friday directed the Election Commission of India to preserve video clips of the polling during the pendency of the pleas against the decision to increase the maximum number of voters per polling station from 1,200 to 1,500. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar passed the order the counsel for the Election Commission of India (ECI) sought time to respond to the PIL filed by one Indu Prakash Singh. Singh has challenged the panel's communications in August 2024 for increasing the number of voters per polling stations in each constituency. "The counsel appearing for respondent number 1 prays for further time to file affidavit. Let the affidavit be filed within three weeks from today. We deem it appropriate to direct respondent no 1 to maintain the CCTV recordings as they were doing earlier," the bench said. The top court on January 15 sought responses from the Centre and the poll panel on Congress general secretary Jairam Ramesh's

SC refuses to entertain PIL against special treatment for VIPs in temples

The Supreme Court on Friday refused to entertain a PIL against the practice of charging an additional fee for "VIP darshan" and according of preferential, selective and special treatment to a certain class of people in temples. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar said it was for the society and temple management to decide the issue and the court cannot pass any direction. "While we may be of the opinion that no special treatment should be given but this court cannot issue directions. We do not think it is a fit case to exercise jurisdiction under Article 32 of the Constitution. However, we clarify that dismissal of the petition will not bar the appropriate authorities from taking appropriate action as required," the bench said. Advocate Akash Vashishtha, representing the petitioner, argued there is some Standard Operating Procedure required as there are 12 Jyotirlingas and this completely arbitrary practice of "VIP darshan". The top court was ...

K'taka health dept orders implementation of SC directive on dignified death

Karnataka Health Minister Dinesh Gundu Rao on Friday announced that the state health department has passed a historic order to implement the Supreme Court's directive for a patient's right to die with dignity. Taking to the social media post 'X', he stated that the department has also come out with an Advance Medical Directive (AMD), or a living will, in which a patient can record their wishes about their medical treatment in the future. "My Karnataka Health Department, @DHFWKA, passes a historic order to implement the Supreme Court's directive for a patients Right to Die with dignity," he said. The minister said this will immensely benefit those who are terminally ill with no hope of recovery, or are in a persistent vegetative state, and where the patient no longer benefits from life-sustaining treatment. "We have also come out with an Advance Medical Directive (AMD), or a living will, in which a patient can record their wishes about their medical treatment in the future," he ...

Resolution plans with mergers need CCI clearance before CoC approval: SC

SC rules 2:1 that CCI approval for insolvency resolution plans involving mergers must be obtained before CoC approval, setting aside AGI Greenpac's plan for HNGIL's acquisition

Mahakumbh: PIL in SC for safety measures, guidelines after stampede

Petition sought the direction that VIP movement shall not affect or create a danger to the common devotees' safety and maximum space for entry and exit of devotees at Mahakumbh shall be provided

Supreme Court ruling reshapes arbitration, mandates balanced appointments

Arbitration is an adversarial process. It relies on the parties to present facts and evidence before the arbitral tribunal for a decision

AGI Greenpac bid for Hindustan National Glass unsustainable: Supreme Court

The case pertains to HNG, which was admitted to insolvency in October 2021. Two bidders, AGI Greenpac and Independent Sugar Corp. (INSCO), were vying for HNG

SC asks hospitals to regularise doctors' absence during RG Kar protests

The Supreme Court on Wednesday directed hospitals, including AIIMS New Delhi, to regularise the unauthorised absence of doctors who were part of protests against the rape and murder of a doctor at RG Kar Hospital, Kolkata. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar took note of the submissions of a doctors' body that some hospitals had regularised the absence of the doctors following its August 22, 2024 order but a few others, including AIIMS Delhi, decided to treat the period as leave of absence. "We deem it appropriate to clarify that if protesting workers had joined work post the Supreme Court order then their absence shall be regularised and not be treated as absence from duty. This is issued in peculiar facts and circumstances of the cases and is not laying down any precedent, the CJI said. The lawyer appearing for the body said the decision to treat the protest period as leave may create trouble for some of the medical PG students. Solicitor gener

SC urges Railways to take corrective action on Mumbai CST's catering stalls

The Supreme Court recently said the Railways required immediate corrective steps for the "lapses" in the management of catering stalls at the Chhatrapati Shivaji Terminus in Mumbai. Observing administrative lapses on the part of IRCTC, a bench of Justices J K Maheshwari and Aravind Kumar said a Central Vigilance Commission (CVC) report filed over the matter indicated "serious negligence" on the part of its divisional officials. The top court said the CVC report should be examined by the Railway administration and placed before competent authorities for action and corrective measures within a month and three months, respectively. "The report of the CVC is required to be implemented on the part of the Railways," it said on January 21. Though the CVC indicated no "mens rea" to initiate criminal action while only indicating negligence on part of the officials, the court underlined the utilisation of "immediate corrective measures" by the Railways to remedy lapses and improve IRCTC's ..

SC asks Centre to set up panel to safeguard domestic workers' rights

The Supreme Court on Wednesday directed the Centre for a legal framework on the protection of the rights of domestic workers rights observing their exploitation and a "legal vacuum". In the opinion of a bench of Justices Surya Kant and Ujjal Bhuyan, for now, there seemed no effective legislative or executive action to enact a statute, which could provide solace to millions of vulnerable domestic workers across the country. "The simple reason for this harassment and rampant abuse, which seems to be prevalent throughout the country, is the legal vacuum which exists vis--vis the rights and protection of domestic workers," the court said. Indeed, domestic workers in India remain largely unprotected and without any comprehensive legal recognition. As a result, they frequently endure low wages, unsafe environments, and extended hours without effective recourse, it added. The court directed the Ministry of Labour and Employment along with the Ministry of Social Justice and Empowerment, th

'Provide list of criminal cases': SC directs Centre on triple talaq FIRs

The Supreme Court has directed the Union Government to provide data on criminal cases filed under the Muslim Women (Protection of Rights on Marriage) Act, 2019, challenging triple talaq

'Unconstitutional': SC on domicile-based reservation for PG medical courses

The Supreme Court ruled that domicile-based reservations for postgraduate medical course admissions violate the right to equality under Article 14, emphasising merit-based selection

AP techie murder verdict: 'I leave it to God', says woman's father

The father of a 23-year-old slained woman software engineer from Andhra Pradesh on Wednesday reacted to the Supreme Court acquitting his daughter's alleged killer, saying he will "leave it to God," and wondering what he can do. The apex court on Tuesday, acquitted Chandrabhan Sudam Sanap, citing "gaping holes" in the prosecution case and observed that the prosecution failed to establish its case beyond reasonable doubt. Esther Anuhya (23), who had just returned to Mumbai after a two-week Christmas and New Year holiday, was found dead near Kanjur Marg on January 16, 2014. She was employed with TCS in Mumbai and was last seen exiting the Lokmanya Tilak Terminus railway station. Later, the Mumbai Police arrested Sanap for allegedly raping and murdering Anuhya. Following the court trial and conviction, he was awarded a death sentence, which was also upheld by the Bombay High Court. However, on Tuesday, the apex court acquitted Sanap, citing "gaping holes" in the prosecution case. "Wh

SC seeks details of FIRs against men for divorcing wives via triple talaq

The Supreme Court on Wednesday asked the Centre to provide the details of the number of FIRs and chargesheets filed against men for pronouncing instant triple talaq to divorce spouses in violation of the 1991 Muslim Women (Protection of Rights in Marriage) Act. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, hearing as many as 12 petitions challenging the constitutionality of the 1991 law, also asked the Centre and other parties to file their written submissions to the pleas. The bench fixed the petitions for final hearing in the week commencing March 17. Samastha Kerala Jamiathul Ulema, a Kozhikode-based Muslim organisation, is the lead petitioner in the case. The respondent (Centre) shall file the total number of FIRs and charge sheets pending under section 3 and 4 of the Muslim Women (Protection of Rights of Marriage) Act 2019. The parties also file written submissions not exceeding three pages in support of their contention, the bench said. Instant 'tr

SC gives 6-day custody parole to Tahir Hussain to campaign for Delhi polls

The Supreme Court on Tuesday granted six-day custody parole to former AAP councillor and February 2020 riots accused Tahir Hussain, who is contesting on a AIMIM ticket, to campaign for Delhi assembly polls. Custody parole entails a prisoner being escorted by armed police personnel to the place of visit. A full bench comprising Justices Vikram Nath, Sanjay Karol and Sandeep Mehta allowed Hussain's plea to campaign in police custody from January 29 to February 3. The court said he would only be allowed to leave jail along with security for 12 hours, according to the jail manual. The top court said the former councillor could walk out of jail at around 6 am and return by 6 pm. The bench said Hussain's custody parole would be subject to the deposit of Rs 2.47 lakh per day as part of security expenses, including the police escort. Hussain, said the court, should not visit his Karawal Nagar home, an alleged site of the riots, while restraining him from making any public comments over t

Allow me to connect with electorate under police custody: Tahir Hussain

Former councillor and February 2020 Delhi riots accused Tahir Hussain requested the Supreme Court on Tuesday that he be allowed to campaign in custody for the upcoming Delhi assembly polls. Senior advocate Siddharth Aggarwal, appearing for Hussain, told a bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta that only four-five days are left for campaigning so he be allowed to connect with the electorate under police custody. "The place where my house is alleged to have been where Delhi riots took place. I am fighting for Mustafabad seat and even for staying purposes, I am saying I will not go to the house and will stay in a hotel and provide details," Aggarwal said. Additional Solicitor General SV Raju opposed the prayer, saying his role is serious. He said if granted the relief, everybody would fill a nomination form in jail. The court asked Raju to seek instructions on what expenses and sort of security would be required. The bench also told Aggarwal to inform what ...

SC dismisses J'khand's plea against quashing case against BJP leaders

The Supreme Court on Monday dismissed a plea of the Jharkhand government against the high court's decision quashing criminal cases against state BJP leaders and MP Nishikant Dubey over protests held in Ranchi in 2023, observing that prohibitory orders are misused whenever there is a protest. A bench of Justices Abhay S Oka and Ujjal Bhuyan said it is not inclined to interfere with the August 14, 2024 order of the high court and dismissed the appeal. At the outset, the counsel appearing for the Jharkhand government said despite prohibitory orders under section 144 of the CrPC in place, the accused held a protest which turned violent and several people, including administrative officials, were injured. The high court erred in its finding and said they have the right to protest, the counsel said. The bench observed that nowadays there is tendency to impose prohibitory orders, whenever there is protest. "If we interfere, it will send the wrong signal. What is the requirement of issuin

Disapproval of marriage does not amount to abetment of suicide: SC

The Supreme Court has said expressing disapproval for marriage does not amount to abetment of suicide under section 306 of the Indian Penal Code (IPC). A bench of Justices B V Nagarathna and Satish Chandra Sharma made the observation while quashing a chargesheet against a woman who was accused of abetting the suicide of another woman who was allegedly in love with her son. The allegations were based on disputes between the deceased and the appellant's son, who had refused to marry her. The appellant was accused of opposing the marriage and making disparaging remarks against the deceased. The court said even if all evidence on record, including the chargesheet and witness statements, are taken to be correct, there is not an iota of evidence against the appellant. "We find that the acts of the appellant are too remote and indirect to constitute the offence under section 306, IPC. There is no allegation against the appellant of a nature that the deceased was left with no alternative b

WB school jobs row: SC to hear pleas against invalidation of jobs on Monday

The Supreme Court is slated to hear on Monday a batch of pleas challenging a Calcutta High Court verdict that has invalidated the appointment of 25,753 teachers and non-teaching staff in government and aided schools in West Bengal. According to the cause list for the day uploaded on the apex court's website, a bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar is scheduled to hear the matter. On January 15, several petitioners argued that the high court verdict nullifying the appointment of 25,753 teachers and non-teaching staff in government and aided schools in West Bengal has adversely impacted the lives and livelihoods of untainted candidates. The CJI acknowledged the arguments and reiterated the need for a balance between addressing illegalities and protecting untainted appointees. He said segregation of cases, wherever possible, may be prioritised to protect innocent candidates. A total of 124 petitions, including one filed by the state government, challenging the

Delhi HC issues notice on plea for tree transplantation in SC premises

The Delhi High Court has issued a notice in response to an Intervention Application (IA) seeking permission for the transplantation of 26 trees within the Supreme Court premises.The trees are part of the ongoing project aimed at expanding the Supreme Court building to create additional courtrooms, including a constitutional court, as well as new chambers for judges and enhanced facilities for lawyers and litigants.The bench of Justice Jasmeet Singh sought responses in the fresh intervention application of respondents in the case Bhavreen Kandhari vs. C.D. Singh & Ors., pending before the Delhi High Court. The next hearing in the matter is January 31, 2025.The Intervention Application (IA), filed and argued by Advocate Sudhir Mishra, explained that during the marking of the layout plan, it was found that approximately 61 trees fell within the building and excavation lines of the proposed expansion area, which covers about 2.03 acres. To minimize the environmental impact, efforts