Page 89 - Supreme Court

Money laundering case: SC junks ED plea against bail to NCP leader Bhujbal

In a relief to senior NCP leader Chhagan Bhujbal, the Supreme Court on Tuesday dismissed the plea of the Enforcement Directorate challenging the bail granted to him in a money laundering case. A bench of Justices Abhay S Oka and Ujjal Bhuyan however rejected Bhujbal's plea challenging his arrest in the matter saying the petitioner was released on bail in 2018, and it was not necessary to go into the question of illegality of his arrest at the present stage. "Impugned orders granting bail have been passed way back in the year 2018. Therefore no case for interference is made out at this stage under Article 136 of the Constitution. The SLPs are dismissed," it held. The Bombay High Court on May 4, 2018, granted bail to Bhujbal in the money laundering case. The former Maharashtra deputy chief minister was arrested after an ED inquiry revealed he and his associates had allegedly misused their office and caused financial loss to the government. According to the ED, Bhujbal awarded contra

Airport violation: SC rejects plea on HC order quashing FIR against BJP MPs

The Supreme Court on Tuesday dismissed a plea of the Jharkhand government against the high court order quashing an FIR against BJP MPs Nishikant Dubey and Manoj Tiwari, who are accused of forcing the air traffic control to allow their aircraft to take off from Deoghar airport after sunset in 2022. A bench comprising Justices A S Oka and Manmohan, however, granted the state government the liberty to forward the material collected during the probe to the authorised officer under the Aircraft Act within four weeks. The competent authority of the DGCA shall take a decision in accordance with law as to whether a complaint needs to be filed under the Act, the bench said. The top court, in December 18, had reserved its verdict on the appeal of the state government against the Jharkhand High Court judgement. The case relates to an FIR lodged at Kunda police station in Deoghar district of Jharkhand against nine people, including Dubey and Tiwari. They had allegedly forced ATC personnel at

Delhi records 'poor' AQI again as Grap rule changes spark confusion

Amid the confusion over Grap curbs, Delhi woke up to 'poor' air quality on Tuesday, a slight improvement from the 'very poor' category recorded the previous morning

SC upholds Rs 1,600 crore tax refund for Vodafone Idea, dismisses SLP

The court dismissed the SLP on grounds of delay, refusing to condone the same

SC asks states, UTs to file compliance reports of motor vehicle law

In a significant order, the Supreme Court on Monday directed 23 states and seven union territories to file compliance reports indicating implementation of the Motor Vehicle law's recent provisions besides rules on electronic monitoring and road safety measures. A bench comprising Justices Abhay S Oka and Ujjal Bhuyan noted six states and a UT, namely, West Bengal, Maharashtra, Tamil Nadu, Karnataka, Kerala and Delhi, had filed their compliance reports. The top court on September 2, 2024 passed directions on the implementation of Section 136A of the Motor Vehicles Act read with Rule 167A of the Motor Vehicles Rules which allow authorities to electronically monitor speeding vehicles. The bench has now asked the remaining 23 states and seven UTs to file their compliance reports which will be shared with the Supreme Court committee on road safety. The apex court panel, in turn, would look into all aspects and provide its inputs which could be considered by the Centre in framing the ...

Agusta Westland scam: SC defers bail hearing of British national to Feb 18

The Supreme Court on Monday deferred to February 18 the bail hearing of alleged middleman Christian Michel James, accused in the Rs 3,600-crore AgustaWestland corruption case. A bench of Justices Vikram Nath and Sandeep Mehta adjourned the hearing after the CBI counsel sought time. The top court granted three weeks time and posted the hearing on February 18. On December 6, the apex court issued notice to CBI and directed it to file its reply within four weeks. The alleged scam is over the purchase of 12 VVIP helicopters from chopper design and manufacturing company AgustaWestland. James moved the apex court challenging the Delhi High Court's bail rejection order passed on September 25. James, a British national, was extradited from Dubai in December, 2018, and was arrested subsequently. The high court had dismissed his bail plea, observing there was no significant change in circumstances from the time when his previous pleas were rejected. He is among the three alleged middleme

SC halts defamation case against Rahul Gandhi over Amit Shah-remarks

Senior advocate Abhishek Manu Singhvi, representing Gandhi, argued that only the aggrieved person could file a criminal defamation case, not a proxy party, halting proceedings

Yasin Malik trial: SC orders to ensure proper VC facilities in Jammu court

The Supreme Court on Monday directed the registrar general of the Jammu and Kashmir High Court to ensure proper video-conferencing facilities at a Jammu special court hearing two cases against jailed JKLF chief Yasin Malik and others. A bench comprising Justices Abhay S Oka and Ujjal Bhuyan further directed the Delhi High Court registrar general to ensure proper video-conferencing facilities in Tihar jail where Malik is lodged in a separate terror financing case. Both high court registrars were directed to file the status reports on February 18 by the bench, which posted the hearing on the CBI plea on February 21. "We have perused the observations made by the (special) judge (of the Jammu court). At two places, he has recorded that the video-conference system in his court was not functioning properly," the court said. The bench therefore directed the registrar general of Jammu and Kashmir High Court to look into what was "stated by the learned judge" and "take immediate steps for .

Yasin Malik trial: SC asks J&K HC registrar to ensure proper VC facilities

The Supreme Court on Monday directed the registrar general of the Jammu and Kashmir High Court to ensure proper video conferencing facilities at a special court in Jammu hearing the 1989 Rubaiya Sayeed kidnapping and the 1990 Srinagar shootout cases involving jailed JKLF chief Yasin Malik and others. The top court also directed the registrar general of the Delhi High Court to ensure proper video conferencing facilities at Tihar jail also where Malik is lodged in connection with another terror financing case. The bench has asked both the high court registrars to file their status reports on February 18 and fixed the plea of CBI for hearing on February 21. A bench comprising Justices Abhay S Oka and Ujjal Bhuyan was hearing a plea of the CBI seeking the transfer of the trials in the 1989 Rubaiya Sayeed kidnapping and the 1990 Srinagar shootout cases from Jammu to New Delhi so that Malik is not needed to be taken to the special court there. The top court on December 18, last year had

Lakhimpur Kheri case: SC seeks report from UP police on Ashish Mishra

The Supreme Court on Monday sought a report from Uttar Pradesh Police on allegations that accused Ashish Mishra, the son of Union minister Ajay Mishra, was influencing witnesses in the 2021 Lakhimpur Kheri violence case. A bench of Justices Surya Kant and N Kotiswar Singh directed the Lakhimpur Kheri superintendent of police to file the report in the court after a fact-finding inquiry. Mishra, however, has denied the allegations in his affidavit and said that every time the matter is listed before the court, such averments are made for the cancellation of his bail granted by the top court. Advocate Prashant Bhushan, appearing for complainants, claimed that he has an audio recording of an attempt being made to influence crucial witnesses in the case. He also alleged that Mishra attended a public meeting in violation of bail conditions. Seeking the cancellation of Mishra's bail, Bhushan said the court may ascertain the authenticity of the material brought before it. Senior advocate

Take decision on Balwant Singh's mercy petition by March 18: SC asks Centre

The Supreme Court on Monday asked the Centre to take a decision by March 18 on the mercy petition of death row convict Balwant Singh Rajoana, convicted in the 1995 assassination case of then Punjab chief minister Beant Singh. "We are granting you time by way of a last chance. Either you take a decision or otherwise we will hear it on merits," a bench headed by Justice B R Gavai told Solicitor General Tushar Mehta, who appeared for the Centre. The bench, also comprising Justices Prashant Kumar Mishra and K V Viswanathan, was hearing Rajoana's plea seeking directions to commute his death sentence to life term due to the "inordinate delay" in deciding his mercy petition. At the outset, Mehta referred to the sensitivity involved in the matter and said the mercy petition was under consideration. He requested the bench to grant six weeks time. Rajoana's counsel told the bench that he has spent around 29 years in jail. "We will hear it on merits on March 18," the bench said, adding, "By

SC to hear on Jan 20 plea by Atul Subhash's mother for custody of his son

The Supreme Court is scheduled to hear on Monday a plea filed by the mother of Atul Subhash, a Bengaluru-based engineer who committed suicide in 2024 alleging harassment by wife, seeking his minor son's custody. A bench of Justices B V Nagarathna and Saish Chandra Sharma is likely to hear the plea by Anju Devi who has filed a habeas corpus petition, seeking the custody of her four-year-old grandson. On January 7, the top court had denied her the minor's custody saying she was "stranger to the child". Subhash, 34, who was found hanging at his house in Bengaluru's Munnekolalu on December 9 last year, purportedly left behind lengthy messages, blaming his wife and in-laws for pushing him to take the extreme step. During the last hearing, the top court was informed by the counsel appearing for Subhash's estranged wife Nikita Singhania that the child was studying at a boarding school in Haryana. Advocate Kumar Dushyant Singh, representing Devi, had sought the child's custody and alleged

Tata Steel files curative petition in SC over tax on mineral land

Tata Steel has captive mines in Jharkhand and Odisha

No Ayushman Bharat scheme in Delhi as Supreme Court pauses HC order

The Supreme Court has stayed the High Court's order directing Delhi to sign an agreement with the Centre for the implementation of the Ayushman Bharat health scheme

Supreme Court denies bail to ex-PFI chairman Abubacker in UAPA case

The Supreme Court on Friday refused to grant bail on medical grounds to former chairman of the outlawed Popular Front of India (PFI) E Abubacker in a case registered against him under anti-terror law UAPA. Abubacker, who was arrested by the National Investigation Agency (NIA) during a massive crackdown on the organisation in 2022, had approached the high court after the trial court rejected his bail application. A bench of Justices MM Sundresh and Rajesh Bindal said it was not inclined to release Abubacker at this stage after looking at the medical report. According to the central anti-terror agency, the PFI, its office bearers and members hatched a criminal conspiracy to raise funds for committing acts of terror in various parts of the country and were organising camps to indoctrinate and train their cadre for this purpose. In his plea, Abubacker claimed he is in his 70s, has Parkinson's disease, and had also undergone surgery for treatment of cancer. He contended that on merits a

Banks seek SC clarity on loans against uncertified ancestral properties

Banks' move comes in response to a recent Supreme Court ruling that mandates financial institutions to only sanction loans against properties if the borrowers present valid certificates

Coal scam: Justice Viswanathan recuses himself, CJI to reconstitute bench

Supreme Court judge Justice K V Viswanathan on Thursday recused himself from hearing coal scam cases, paving way for a fresh three-judge bench to decide a crucial issue arising from previous orders that barred the high court from entertaining appeals. The apex court passed two orders in 2014 and 2017 restricting the accused from approaching the high court and had directed that appeals against trial court proceedings in the coal scam cases could only be filed in the top court. The intent behind the orders was to expedite trial processes by preventing delays and to stall the proceedings by the accused seeking relief in high courts. While taking up the pleas seeking modification of its earlier orders, a bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and Viswanathan, at the outset, said a fresh bench will be set up to decide the issue in the week commencing February 10. Justice Vishwanathan said he was in the Common Cause (the NGO which had filed the PIL in coal

SC to hear appeals filed by Gujarat govt in Godhra case on Feb 13

The Supreme Court on Thursday said it will hear on February 13 the appeals filed by the Gujarat government and several other convicts in the 2002 Godhra train burning case. A bench of Justices J K Maheshwari and Aravind Kumar made it clear that no adjournment will be given in the matter on the next date of hearing. On February 27, 2002, 59 people were killed when the S-6 coach of the Sabarmati Express was burnt at Gujarat's Godhra, triggering riots in the state. Several appeals have been filed in the apex court challenging the October 2017 verdict of the Gujarat High Court which had upheld the conviction of several convicts and commuted the death penalties of 11 people to life term. The Gujarat government had in February 2023 told the apex court that it will be seeking death penalty for the 11 convicts whose sentences in the case were commuted to life imprisonment by the high court. When the matter came for hearing on Thursday, a lawyer, appearing for a convict, submitted that no

SC criticises ED over bail conditions for women in money laundering cases

The Supreme Court has strongly criticised the Enforcement Directorate for submitting that rigorous bail conditions in money laundering cases will apply to women despite a statutory exception explicitly provided under the law. A bench comprising Justices Abhay S Oka and Augustine George Masih, while hearing the bail plea of Shashi Bala, a government school teacher accused in a money laundering scam involving the Shine City Group of Companies, called the ED's submissions "contrary to statute" and emphasised that such arguments would not be tolerated. "We will not tolerate conduct... to make submissions contrary to statute," the bench said and granted bail to Bala in the case, saying she had been in custody since November 2023 and there was little likelihood of her trial concluding anytime soon. "If people who appear for the Union of India do not know basic provisions of law, why should they appear in the matter," the bench said on Wednesday. The ED argued that the stringent bail ...

Ensure separate toilets for men-women, PwDs, trans at all courts: SC

The Supreme Court on Wednesday said availability of public toilets is an important duty of the state governments and Union territories and steps need to be taken to ensure that such facilities are accessible to all. Issuing a slew of directions on a PIL filed by a lawyer, the apex court asked all the high courts, state governments and UTs to ensure availability of separate toilet facilities for males, females, persons with disabilities (PwDs), and transgender persons in all court premises and tribunals across the country. A bench of Justices J B Pardiwala and R Mahadevan while hearing the plea said public health is of paramount importance and creation of adequate public toilets also protects the privacy and removes the threat to women and transgender persons. "The High Courts shall oversee and ensure that these facilities are clearly identifiable and accessible to Judges, advocates, litigants, and court staff. "For the aforesaid purpose, a committee shall be constituted in each of