Page 9 - Supreme Court

SC seeks govt's reply on plea over harassment of female sanitation workers

The Supreme Court on Friday sought response from the Centre and others on a plea alleging that female sanitation workers at the Maharashi Dayanand University in Haryana were asked to prove through pictures of their private parts that they were menstruating. A bench of Justices BV Nagarathna and R Mahadevan issued notices to the Centre and others. "This reflects the mindset. In Karnataka, they are giving period leave. After reading this, I thought will they ask proof for giving the leave," Justice Nagarathna observed. "This shows the mentality of the persons. If some heavy work could not be done because of their absence somebody else could have been deployed. We hope something good will happen in this petition," the judge remarked. During the hearing, Supreme Court Bar Association (SCBA) president and senior advocate Vikas Singh submitted this is a gross criminal case and it is a matter that needs attention. The plea has now been posted for hearing on December 15. The plea has sou

SC seeks Rajasthan govt's reply on plea against anti-conversion law

The Supreme Court on Friday sought response from the Rajasthan government on a plea challenging the validity of the provisions of the Rajasthan Prohibition of Unlawful Conversion of Religion Act, 2025. A bench of Justices Vikram Nath and Sandeep Mehta issued notice to the state government seeking its response on the plea filed by the Peoples Union For Civil Liberties and others. The bench tagged the plea with separate pending petitions raising similar issue. Senior advocate Sanjay Parikh appeared for the petitioners. Solicitor General Tushar Mehta told the bench that similar matters are pending before the apex court and this plea be tagged with them. The petitioners have sought a declaration that provisions of the Act are "arbitrary, unreasonable, illegal and ultra vires" the Constitution and also violative of Articles, including Article 14 (equality before law) and Article 21 (protection of life and personal liberty). On November 17, the top court sought response from the Rajast

Centre files curative plea against SC ruling on states' power to tax mines

Centre has filed a curative plea in SC challenging the nine-judge verdict that upheld states' powers to tax mineral rights, after earlier bids to limit or review the ruling were rejected

No requests for EVM check from defeated candidates in Bihar election: EC

Poll authorities in Bihar have not received any application from candidates who were defeated in the recently-held Assembly polls with a request for EVM burnt-memory or microcontroller verification, the Election Commission (EC) said on Thursday. It said no similar request was received for the eight Assembly bypolls held along with the second phase of polling in the Bihar election on November 11. Following directions from the Supreme Court, the EC had issued revised standard operating procedures on post-counting checking and the verification of burnt memory or microcontroller of electronic voting machines (EVMs) on June 17, under which candidates at serial number 2 or 3, behind the highest-polled candidates, could seek checking and verification of EVMs within seven days of the declaration of the poll results. The results of the Bihar election and Assembly bypolls were announced on November 14.

SC asks govt for tough law on derogatory remarks against differently-abled

Highlighting the need for a stringent law to protect the dignity of the disabled, the Supreme Court on Thursday asked the Centre to consider framing a statute to make derogatory remarks ridiculing persons with disabilities and rare genetic disorders a penal offence on the lines of the SC-ST Act. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 criminalises casteist slur, acts of discrimination, humiliation, and violence against the members of SCs and STs and makes offences non-bailable. "Why can't you bring a stringent law on the lines of the SC-ST Act which criminalises casteist remarks - there is punishment if you demean them," a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi said. Solicitor General Tushar Mehta, appearing for the Centre, appreciated the observation and said humour cannot be at the cost of someone's dignity. The bench also said that there was a need for a "neutral, independent and autonomous" body to regulate .

Centre files curative plea in SC over states' right to levy mining cess

The Centre has approached the Supreme Court with a curative plea against the ruling that allowed states to levy a cess on mining lands, warning of international implications and strain on the federal

Should intruders with Aadhaar be allowed to become voters? SC asks amid SIR

The Supreme Court emphasised that an Aadhaar is meant to ensure the delivery of welfare benefits and should not, by itself, grant voting rights

SC orders Samay Raina, others to host two monthly events for disability aid

The court was hearing a petition filed by Cure SMA India Foundation, which sought action against online content that it said violated the right to life and dignity of persons with disabilities

SC to hear plea on Delhi-NCR air pollution on Dec 3 amid health emergency

The Supreme Court on Thursday agreed to hear on December 3 a plea concerning the deteriorating air quality in the DelhiNational Capital Region, saying the issue needed to be monitored on a regular basis. A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi took note of the submissions of senior advocate Aparajita Singh, who is assisting the bench as an amicus curiae in the air pollution case, that there is an alarming situation in Delhi-NCR and it is a health emergency. What magic wand can a judicial forum exercise? I know this is hazardous for Delhi-NCR. We all know the problem. The issue is what is the solution. We need to identify reasons and the solutions can be given by the domain experts only. We hope and expect that long term solutions are found, the CJI said. Tell me what can we direct? We issue some directions and get to breathe clean air immediately ... .Then we have to see what the solutions can be in each region. Let us see what the government has ...

India's new test for Permanent Establishment: Control over Presence

The Hyatt case has reignited a debate over what constitutes a permanent establishment, with courts increasingly focusing on the 'form over substance' principle

Bar vital in upholding sanctity of Constitution, says CJI Surya Kant

The Bar occupies an indispensable place in fortifying the rule of law and upholding the sanctity of the Constitution, Chief Justice of India Surya Kant said on Wednesday while also stressing its importance in providing legal aid to the vulnerable and the marginalised. Addressing a gathering at a Constitution Day function organised by the Supreme Court Bar Association, the CJI said the judiciary has repeatedly acknowledged the invaluable role of the Bar in safeguarding its virtues. "When we celebrate the pivotal moment when the people of India gifted unto themselves their most fundamental covenant, I stand before you and must emphasise that the Bar occupies an indispensable place in fortifying the rule of law and upholding the sanctity of our Constitution... "I do not hesitate in saying that if the courts are regarded as the sentinel of the Constitution, then the members of the Bar are the torchbearers who illuminate our path. They help us discharge our solemn duty with clarity and .

SC pulls up lawyer seeking adjournment, says pending cases stand at 90,000

A two-judge bench of Justices BV Nagarathna and R Mahadevan admonished the lawyer representing the Karnataka government after she asked for time to seek instructions in a criminal matter

Supreme Court's Sterling ruling may pave way for similar settlements

SC's decision to close criminal proceedings against the Sandesara brothers after a substantial repayment has raised concerns that other high-profile economic offenders may seek similar settlements

Results of Maharashtra's 57 local body polls hinge on quota case ruling: SC

The Supreme Court on Tuesday observed that the final results of elections in Maharashtra for 57 local bodies, where 50 per cent ceiling on quota has been breached, will depend on its judgement in the case. The observations were made by a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi while deferring to November 28 the hearing on the issue of reservation in local body elections. The Maharashtra government, represented by Solicitor General Tushar Mehta, sought time to consult the state election commission (SEC) regarding compliance with the 50 per cent ceiling on quotas. Earlier on November 19, the bench had asked the state government to consider deferring the process of nomination for local body elections till the issue of grant of 27 per cent reservation for the Other Backward Class (OBC) is adjudicated upon by it. On Tuesday, the bench was informed by senior advocate Balbir Singh, appearing for the SEC, that elections to 242 municipal councils and 42 nagar .

'Gross indiscipline': SC upholds dismissal of Army officer in temple row

The Supreme Court refused to reinstate a Christian Army officer dismissed for not entering a temple sanctum during weekly parades, saying his actions went against the unity required in the forces

CJI Kant says no to oral mentioning of cases, hears 17 cases on first day

On the first day as the Chief Justice of India, Justice Surya Kant, Monday set a new procedural norm that mentioning cases for urgent listing must be made in writing, and oral requests will be entertained under "extraordinary circumstances" like in cases of death penalty and personal liberty. A bench led by Justice Kant heard as many as 17 cases in proceedings spanning around two hours on his first day as the CJI. Justice Kant formally assumed charge as the 53rd CJI shortly after taking oath in Hindi in the name of God at the Rashtrapati Bhavan. Arriving at the Supreme Court for the first time as CJI in the forenoon, he paid floral tributes at the statues of Mahatma Gandhi and Dr B R Ambedkar on the court premises. He then presided over a three-judge bench, also comprising Justices Joymalya Bagchi and Atul S Chandurkar, in the heritage courtroom number one. As proceedings commenced around noon, the CJI pronounced a judgment on a plea filed by Himachal Pradesh against a private ...

Supreme Court agrees to clear Sandesaras of bank fraud after part-payment

The Supreme Court has permitted the closure of criminal and investigative proceedings against Sterling Biotech's Nitin and Chetan Sandesara after they agreed to deposit Rs 5,100 crore

SC seeks replies on plea against ₹2,000 cash donations to political parties

SC has issued notices to the Centre and the EC on a petition arguing that the Rs 2,000 cash donation limit for political parties undermines transparency in an era of digital payments

SC agrees to $570 mn settlement by fugitive billionaire Sandesara brothers

After being accused of defaulting on domestic bank loans, the brothers, whose companies spanned industries from pharmacueticals to energy, fled India in 2017 on Albanian passports

Hisar advocate to Chief Justice of India: The making of Justice Surya Kant

Justice Surya Kant is set to become the first person from Haryana to occupy India's highest judicial post on Monday. Bhavini Mishra takes a look at his journey