Page 87 - Supreme Court

SC collegium recommends Patna HC CJ K Vinod Chandran as top court judge

The Supreme Court collegium on Tuesday recommended Patna High Court Chief Justice K Vinod Chandran to be appointed as a judge of the apex court. The five-judge collegium led by Chief Justice of India Sanjiv Khanna in a meeting held on Tuesday recommended the name of Justice Chandran, who was appointed as a judge of the Kerala High Court on November 8, 2011. Justice Chandran was elevated as the Patna High Court Chief Justice and has been serving the position since March 29, 2023. Given the Centre clears the recommendation, the Supreme Court judges' strength will rise to 33 compared to the sanctioned strength of 34 judges. Supreme Court judge Justice C T Ravikumar demitted office on January 3. "He has served as a judge of the high court for more than 11 years and as a chief justice of a big high court for more than a year. During his long tenure as a judge and chief justice of the high court, Justice Chandran has acquired significant experience in diverse fields of law," said the ..

Same-sex marriage: 5-judge SC bench to consider review pleas on January 9

A five-judge bench of the Supreme Court will on January 9 consider the pleas seeking review of its October 2023 verdict declining legal sanction to same-sex marriage. A bench comprising Justices B R Gavai, Surya Kant, B V Nagarathna, P S Narasimha and Justice Dipankar Datta will take up about 13 petitions related to the matter in chambers. According to practice, the review pleas are considered in chambers by judges. The top court had refused to allow an open-court hearing on the review pleas. The new bench was constituted after Justice Sanjiv Khanna, the present CJI, recused from hearing the review petitions on July 10, 2024. Notably, Justice P S Narasimha is the only member of the original Constitution bench comprising five judges which delivered the verdict, as former CJI D Y Chandrachud and Justices S K Kaul, Ravindra Bhat, and Hima Kohli have retired. According to the Supreme Court's causelist, the review petitions would be considered at around 1.55 pm on January 9. A five-j

SC refuses to hear BPSC paper leak row plea, asks petitioner to approach HC

A three-judge bench, led by Chief Justice of India Sanjiv Khanna, stated that the Supreme Court could not be the first forum for every issue and emphasised the importance of approaching the high court

Controversial godman Asaram gets interim bail in 2013 rape case

The Supreme Court on Tuesday granted bail to interim bail to self-styled godman Asaram on medical grounds till March 31 in 2013 rape case

SC to hear pleas against invalidation of Bengal teacher positions on Jan 15

The Supreme Court will hear pleas challenging a Calcutta High Court order invalidating the appointment of 25,753 teachers and non-teaching staff in government and aided schools in West Bengal on January 15. A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan said at the outset on Tuesday that there are two options before it -- either a three-judge bench re-hears the case all over again or it be listed it before a two-judge bench that began hearing final arguments on December 19, the last date of hearing. Taking note of the submissions of lawyers, the CJI said the matter will be heard by a two-judge bench comprising him and Justice Kumar at 2 pm on January 15. There are 124 petitions, including the one filed by the state government, pending in the top court. The bench had earlier issued a slew of procedural directions and appointed four lawyers as nodal counsel while asking them to file a common compilation in electronic form after getting ..

Amazon, Flipkart pleas against CCI probe order transferred to Karnataka HC

A single-judge bench of the Karnataka High Court is likely to hear the case on January 15

Don't allow foreigners to leave India, if required in a criminal case: SC

The Supreme Court on Monday said a foreigner should not be allowed to leave India if required to answer a criminal charge. A bench of Justices Abhay S Oka and Ujjal Bhyuan said while granting bail to a foreign national, the court should issue a direction to the state or the prosecuting agency, to immediately inform about its order to the registration officer concerned under the Registration of Foreigners Rules, 1992. "When a foreigner's presence is required in India to answer a criminal charge, permission to leave India must be refused. Under the Order (1948 order), the civil authority can impose restrictions on the movements of a foreigner," the bench said. The bench said the registration officer should then communicate the bail order to all relevant agencies, including the civil authority. The apex court's order came in a case where it had decided two main issues concerning bail conditions imposed on a Nigerian national in a drugs case in July, 2024. The top court had held the b

SC panel meets farmer leader Dallewal amid hunger strike, seeks medical aid

After the Punjab government informed the Supreme Court about a scheduled meeting with septuagenarian farmer leader Jagjit Singh Dallewal, a SC-appointed panel met him at around 3.30 pm on Monday. A bench of Justices Surya Kant and N Kotiswar Singh was informed by senior advocate Kapil Sibal, representing the Punjab government, that the protesting farmers had been persuaded to meet Justice (retd) Nawab Singh, who chairs the apex court-appointed committee. "Some of us have been able to persuade those people under protest to meet Justice (retd) Nawab Singh led committee today at 3 pm. We are hopeful that there will be a breakthrough. Kindly take it up after a couple of days," Sibal said. On hearing this, the bench said, "Let us hope and pray that better sense prevails on everyone." The apex court asked Sibal to prepare a brief note of the deliberations and posted the hearing on January 10. Solicitor general Tushar Mehta, representing the Centre, said the committee would file a brief

Nithari case: SC to hear pleas against acquittal of Surendra Koli on Mar 25

The Supreme Court on Monday said it would on March 25 hear a batch of pleas against the acquittal of Surendra Koli in the 2006 Nithari serial killings case. A bench of Justices B R Gavai and Augustine George Masih was informed by solicitor general Tushar Mehta that the case was over the "very serious and gruesome" killings in Nithari, UP. Koli's counsel said the evidence against his client was a confessional statement, recorded several days after his police custody in the case. The bench directed its registry to summon the trial court records in other connected matters expeditiously and supply its copies to the lawyers appearing in the matter. The hearing was posted on March 25. In 2024, the apex court agreed to examine separate pleas filed by the CBI and the UP government challenging the Allahabad High Court's decision acquitting Koli on October 16, 2023. The bench had sought a response from Koli on the petitions and tagged it with similar pending pleas. The top court in May, 2

Farmers at Punjab-Haryana border to meet SC-appointed committee today

A delegation of the protesting farmers at the Khanauri border between Punjab and Haryana will be meeting the high-powered committee appointed by the Supreme Court at around 3 pm Monday. Among the protesting farmers is also septuagenarian Jagjit Singh Dallewal, who has been on an indefinite fast for the past 40 days, and whose health concerns has kept the Punjab government on toes with the top court keeping a close watch. A bench of Justices Surya Kant and N Kotiswar Singh was informed by senior advocate Kapil Sibal, appearing for the Punjab government that they had managed to persuade the protesting farmers to meet Justice (retd) Nawab Singh, who chairs the committee. "We have managed to persuade them. Kindly post the matter for some other day. We are expecting some breakthrough," Sibal said. "Hope better sense prevails on everyone," the bench said. The apex court asked Sibal to prepare a brief note of the deliberations and posted the hearing on January 10. Solicitor general Tush

SC transfers all cases against Flipkart, Amazon to Karnataka HC on CCI plea

The order came on a plea filed by the Competition Commission of India, which sought to consolidate all 24 cases pending across various high courts against Amazon and Flipkart

Delhi chokes as air quality stays 'very poor'; AQI hits 400 in many areas

The AQI levels fell into the "severe" category in areas like RK Puram (401), Siri Fort (426), Patparganj (410), and Dwarka Sector-8 (405), among others

Non-appearance in response to proclamation a 'stand-alone offence': SC

The Supreme Court has held that non-appearance in response to a proclamation is a "stand-alone offence" and can continue even if the proclamation is extinguished. The apex court delivered its verdict on January 2 on an appeal challenging a June 2023 judgement of the Punjab and Haryana High Court. The bench dealt with legal questions, including whether the proclaimed offender status of an accused under the provisions of the CrPC can subsist if he stands acquitted during trial in connection to the very same offence. "In conclusion, we hold that section 174A IPC is an independent, substantive offence, that can continue even if the proclamation under section 82 CrPC is extinguished. It is a stand-alone offence," a bench of justices CT Ravikumar and Sanjay Karol said. Section 82 of the erstwhile Code of Criminal Procedure (CrPC) deals with proclamation for person absconding. Section 174A of the erstwhile Indian Penal Code (IPC) pertains to non-appearance in response to a proclamation u

CBI doesn't need state's consent for FIR against Central govt officials: SC

The Supreme Court has said the CBI does not require the permission of state governments to register an FIR against Centre's officials posted in the different jurisdictions of states. A bench comprising Justices C T Ravikumar and Rajesh Bindal on January 2 overturned the Andhra Pradesh High Court's order quashing the CBI investigations against two Central government employees over corruption. "Irrespective of the place of posting, the aforesaid factual position would go onto show that they were Central government employees/Central government undertaking employees and allegedly committed serious offence under PC Act, which is a central act," it said. The case stemmed from the CBI FIRs against the Central government employees working in Andhra Pradesh. They had challenged the CBI's jurisdiction in the Andhra Pradesh High Court, arguing the general consent granted to the CBI under the Delhi Special Police Establishment Act, 1946 (DSPE Act), by the undivided state of Andhra Pradesh did

SC calls for govt 'introspection' over excessive delays in filing pleas

The Supreme Court on Friday called for an introspection by government authorities, including the National Highways Authority of India, over excessive delays in filing of appeals. Chief Justice of India Sanjiv Khanna while hearing a plea by the NHAI said, "I think everyone is adhering to the time schedule in almost 95 per cent of the cases. Why should the government of India not be able to adhere to it? There is something wrong somewhere... Introspection is necessary." The NHAI challenged an order by the National Company Law Appellate Tribunal (NCLAT) in an insolvency case which was listed before the bench, also comprising Justice Sanjay Kumar. The NCLAT had dismissed the NHAI's appeal on account of the delay. Expressing disapproval over the 295-day delay, the CJI emphasised on the importance of adhering to procedural timelines and observed solicitor general Tushar Mehta, representing the NHAI, had agreed with the court and assured addressing the issue. "I undertake to speak to the

SC slams ED for 'inhuman' 15-hour interrogation in illegal mining case

The Supreme Court questioned the Enforcement Directorate's rationale behind the interrogation tactics, while also clarifying that its remarks were limited to bail proceedings, not the case's merits

SC notice to Dera chief Ram Rahim on CBI's plea challenging his acquittal

A bench of Chief Justice of India Sanjeev Khanna and Sanjay Kumar sought a response from Ram Rahim and others

Can't deprive individual of property without adequate compensation: SC

The Supreme Court has said that the right to property is a constitutional right and an individual cannot be deprived of his property without him being paid adequate compensation in accordance with the law. A bench of justices B R Gavai and K V Viswanathan said the right to property ceased to be a fundamental right due to the Constitution (Forty-Fourth Amendment) Act, 1978, however, it continues to be a human right in a welfare state and a constitutional right under Article 300-A of the Constitution. Article 300-A of the Constitution provides that no person shall be deprived of his property, save by authority of law. The apex court delivered its verdict on Thursday on an appeal challenging a November 2022 judgement of the Karnataka High Court in a matter pertaining to land acquisition for the Bengaluru-Mysuru Infrastructure Corridor Project (BMICP). "As discussed hereinabove, though the right to property is no more a fundamental right, in view of the provisions of Article 300-A of t

CJI praises retiring SC judge Justice Ravikumar as humane, noble soul

Chief Justice of India Sanjiv Khanna on Friday lauded Supreme Court judge Justice CT Ravikumar on his last working day, describing him as a "humane and noble soul" whose journey from a humble rural background to the apex court was nothing short of extraordinary. Justice Ravikumar was elevated to the top court on August 31, 2021, after an illustrious tenure at Kerala High Court. He is the ninth senior-most judge in the apex court. As he prepares to superannuate on Sunday, the ceremonial bench comprising Chief Justice of India (CJI) Khanna, Justice Ravikumar and Justice Sanjay Kumar bid an emotional farewell, celebrating his contributions and legacy. "Coming from a rural background and achieving the distinction of serving as a judge of the Supreme Court is a remarkable accomplishment. Justice Ravikumar has not only achieved this but also outperformed in his duties," remarked CJI Khanna, highlighting the challenges of rising through the ranks without the privileges of urban ...

Govt moves to tighten rules for transparency in GM crop panel decisions

To implement these measures, experts will need to submit written declarations outlining any "conflict of interest" when they join the committee