Page 92 - Supreme Court

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

Places of Worship Act: SC to hear plea against 'Bhojshala' survey in MP

The Supreme Court on Thursday said it would hear a plea against an order on the survey of a medieval-era "Bhojshala" in Madhya Pradesh which people from two communities stake claim to, apart from pleas against the 1991 places for worship law. A bench of Justices Hrishikesh Roy and S V N Bhatti said the issue appeared to be covered by the December 12 order of the apex court restraining courts in the country from entertaining fresh lawsuits and passing orders in disputed claims over religious structures. The bench directed the registry to seek instructions from Chief Justice of India Sanjiv Khanna and tagged the matter with the pending petitions. It left all contentions of the parties to be kept open during the hearing of the petitions. During a brief hearing, advocate Vishnu Shankar Jain, appearing for Hindu parties, said the issue of Bhojshala wouldn't be covered by the December 12 order as it was protected and maintained by the Archeological Survey of India. The bench said it was

'Farishtey' funds cleared: Delhi govt and L-G must settle disputes, says SC

Disputes between the Delhi government and the LG must be resolved once and for all, the Supreme Court said on Thursday after being informed funds for a scheme meant for road accident victims were released. The observation of the bench comprising Justices B R Gavai and K V Viswanathan came when the Delhi government said the funds for its "Farishtey Dilli Ke" scheme facilitating free medical treatment to road accident victims in city hospitals were cleared. The scheme encourages people to rescue and save lives of road accident victims. Under the scheme, the government foots hospital bills of such victims. The court was hearing the Delhi government's plea on making the scheme functional again by clearing pending bills, releasing payments to private hospitals and initiating disciplinary action against officials responsible for allegedly deliberately orchestrating its "de-operationalisation". Senior advocate Shadan Farasat, appearing for the Delhi government, informed the bench about th

Why can't Centre say it will consider grievances of farmers: SC asks Govt

The farmers under the banner of Samyukta Kisan Morcha (non-political) and Kisan Mazdoor Morcha have been camping at Shambhu and Khanauri border points between Punjab-Haryana since February 13, 2024

'No order to end Jagjit Dallewal's fast, only concerned about health': SC

The Supreme Court told the Punjab government that officials and certain farmer leaders are making irresponsible statements about the farmers' protests, which are complicating the situation

Will implement recommendations of panel on NEET-UG exam: Centre to SC

The Centre on Thursday told the Supreme Court that it would be implementing all the corrective measures suggested by its seven-member expert panel on exam reforms after reviewing the National Testing Agency's functioning in holding NEET-UG last year. The top court on August 2, last year refused to annul the controversy-ridden NEET-UG of 2024, saying there was no sufficient material on record at present to indicate a systemic leak or malpractice compromising the integrity of the examination. It had also expanded the remit of the seven-member expert panel, headed by former Indian Space Research Organisation (ISRO) chief K Radhakrishnan, to review the functioning of the National Testing Agency (NTA) and recommend exam reforms to make the NEET-UG (National Eligibility cum Entrance Test Undergraduate), transparent and free from malpractices. On Thursday, Solicitor General Tushar Mehta, appearing for the Centre, apprised a bench comprising justices PS Narasimha and Manoj Misra that the ..

SC to hear Owaisi's plea for implementation of 1991 places of worship law

The Supreme Court on Thursday agreed to consider a plea of AIMIM chief Asaduddin Owaisi seeking the implementation of the 1991 places of worship law, which asks to maintain the religious character of a place as it existed on August 15, 1947. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar ordered that Owaisi's fresh plea to be tagged with pending cases on the matter and said it will be taken up on February 17 with them. At the outset, lawyer Nizam Pasha, appearing for Owaisi, the president of All India Majlis-e-Ittehadul Muslimeen (AIMIM), said that the court is seized of various pleas on the issue and the fresh one may be tagged with them as well. We will tag this, the CJI said. Owaisi filed the plea on December 17, 2024 through advocate Fuzail Ahmad Ayyubi. On December 12, however, the bench headed by the CJI, while acting on a batch of similar pleas against the 1991 law, restrained all courts from entertaining fresh suits and passing any interim or final

Centre to address high mining taxes in upcoming consultations with states

The SC last year permitted states to impose additional taxes on mining activities, indicating that royalty collected by states under Sec 9 of the Mines and Minerals (Dev & Reg) Act, 1957 is not a tax

Farmers protest: SC defers hearing on shifting Dallewal to hospital

The Supreme Court on Tuesday deferred its hearing till January 2 on compliance of its order by the Punjab government on shifting of farmer leader Jagjit Singh Dallewal, who has been fasting for past 35 days over various demands, to hospital. A vacation bench of Justices Surya Kant and Sudhanshu Dhulia listed the matter for further hearing on January 2 after Advocate General Gurminder Singh, appearing for the Punjab government, said that an application has been moved seeking three days more time for compliance of the court's December 20 order. Singh said that a team of negotiators are holdings talks with the protesting farmers at the protest site and efforts are being made to shift Dallewal to the nearby makeshift hospital on Punjab side of Khanauri border. The bench said it does not want to comment on the discussions with the protesting farmers and it only wants compliance of its earlier orders. It recorded the submissions of Singh and adjourned the hearing on the matter. Earlier