Page 95 - Supreme Court

ED attaches properties worth Rs 2.73 crore in money laundering case

The restitution was made under the second proviso to Section 8(8) of PMLA (restitution pending trial) read with Rule 3A of PMLA Restoration of Property Rules

Switzerland suspends MFN: What is the clause and its meaning for India?

Explained: What is the most favoured nation clause and why did Switzerland suspended it for India after the Nestle's 2023 Supreme Court ruling

Minister's post does not entitle someone to special bail consideration: SC

Holding a minister's post does not entitle a person for a special consideration for the grant of bail, the Supreme Court said on Friday, asserting that "official positions, regardless of their stature, lose relevance for the purpose of exercising judicial discretion judiciously". A bench of Justices Surya Kant and Ujjal Bhuyan, which granted conditional future bail to former West Bengal minister Partha Chatterjee in a money-laundering case related to the alleged cash-for-jobs scam in the state, said impartiality is a prerequisite to the rule of law, wherein decisions are based on the factual matrix of a case as opposed to an individual's position or influence. It rejected Chatterjee's argument seeking special consideration for the grant of bail on the ground that he was entitled for the relief as he was a minister at the relevant time. "In this context, the argument that the appellant's position as a minister entitles him to any special consideration does not hold merit from either

SC denies special treatment to CCI, refuses to transfer all probe petitions

"Only because some litigant is to be given special treatment, bypass the rules, we can't place it directly before the division bench," the Supreme Court said

SC orders aid to ailing farm leader, urges adoption of 'Gandhian' protest

Observing protesting farmers should adopt the Gandhian way, the Supreme Court on Friday ordered immediate medical aid to farmer leader Jagjit Singh Dallewal, whose health is deteriorating owing to his indefinite fast of over a fortnight at a Punjab-Haryana border. A bench of Justices Surya Kant and Ujjal Bhuyan directed the Centre and Punjab government representatives to immediately meet Dallewal, who has completed over 17 days of fast. "Farmers should not get violent and do peaceful agitation. They should adopt the Gandhian way of protests because their grievances are being looked into," the bench said after being informed that violent agitations had created problems at both the sites. The court further asked to provide him with medical help and persuade him to break his indefinite fast saying his life was precious. "It is the bounden duty of the state of Punjab and union of India to take all peaceful measures and provide adequate immediate medical aid to Dallewal without forcing

'Either halt farmers' agitation or relocate it from highways': SC to panel

The SC urged peaceful protests, prioritised farmer leader Dallewal's health, and directed a panel to mediate with farmers to consider halting highway blockades

EVM verification plea should go before bench that gave verdict in April: SC

The Supreme Court on Friday said the plea seeking a policy for verification of electronic voting machines should go before the same bench that delivered a verdict in April rejecting the demand for bringing back the old paper ballots. When the plea on EVMs came up for hearing, a bench of Justices Vikram Nath and P B Varale told petitioner's counsel senior advocate Gopal Sankaranarayanan, "Why don't this matter go before the same bench?" Sankaranarayanan informed the court about its April judgment on a batch of pleas over EVMs. "That is what I am saying. It (plea) should go before the same bench," Justice Nath reiterated. The bench further said, "To our understanding, the reliefs claimed by means of this petition under Article 32 of the Constitution of India would require interpretation/modification/implementation of the directions issued by this court vide judgement dated April 26, 2024 ..." In its verdict on April 26, the apex court termed the suspicion of manipulation of the EVMs

SPG moves SC to extend registration period for three armoured vehicles

The Special Protection Group on Friday moved the Supreme Court challenging an order of the National Green Tribunal which refused to allow extension of registration period of three specialised armoured vehicles by five years. The matter came before a bench of Justices Abhay S Oka and Augustine George Masih, which took objection that the elite force approached the NGT for registration of its vehicle instead of moving the top court in the MC Mehta matter. The top court has been monitoring the air pollution crisis in Delhi in an ongoing Public Interest Litigation in the M C Mehta case. Appearing for the SPG, Solicitor General Tushar Mehta, urged the bench to consider the matter on an urgent basis and sought extension of registration period citing importance of the vehicles. Tushar Mehta said these vehicles are essential and integral part of Special Protection Group technical logistics. The bench converted the matter in an interlocutory application and posted the matter for hearing on

SC refuses to entertain Cong's plea against non-disqualification of 8 MLAs

The Supreme Court on Friday refused to entertain a plea challenging the decision of the Goa assembly speaker to reject the disqualification petition of the Congress against eight of its MLAs who defected to the ruling BJP. A bench comprising Chief Justice Sanjiv Khanna and Sanjay Kumar asked Congress leader Girish Chodankar, who filed the plea in the court, to move the Goa bench of the Bombay High Court to challenge the speaker's decision. On November 1, Goa assembly speaker Ramesh Tawadkar dismissed the disqualification petition filed by the Congress against eight of its MLAs who defected to BJP. The disqualification petition was filed by former Goa Congress chief Chodankar against MLAs Digambar Kamat, Aleixo Sequeira, Sankalp Amonkar, Michael Lobo, Delilah Lobo, Kedar Naik, Rudolf Fernandes and Rajesh Faldesai. Dismissing Chodankar's petition, speaker Tawadkar had ruled that "upon the merger of the original political party of the elected member with another political party, the

Cash-for-job scam: SC grants future bail to former WB min Partha Chatterjee

The Supreme Court on Friday granted conditional future bail to former West Bengal minister Partha Chatterjee in a money laundering case related to the cash-for-job scam. A bench of Justices Surya Kant and Ujjal Bhuyan said that Chatterjee shall be released on February 1, 2025 subject to the trial court framing charges before the winter vacation and examination of vulnerable witnesses by the second and third week of January 2025. The top court said upon his release Chatterjee shall not hold any public office but can continue as MLA. The bench said that a suspect cannot be detained indefinitely and, therefore, it has to balance the rights of the accused and the victims. On December 4, the top court had reserved its verdict on his bail plea and told him that, "On the face of it you are a corrupt person. Crores of rupees were recovered from your premises." The top court in October issued a notice to the ED on the appeal filed by Chatterjee against an April 30 Calcutta High Court order

Why Supreme Court wants judges to live like hermits and work like horses

The Supreme Court has urged judges to refrain from using social media, stressing the importance of impartiality and discipline in their roles

Judges should avoid social media, refrain from commenting on rulings: SC

Observing that judges have to live a hermit life and work like a horse, the Supreme Court on Thursday said they should refrain from using social media and should not express any opinion about judgments. The oral remarks were made by a bench of Justices B V Nagarathna and N Kotiswar Singh which was hearing a matter pertaining to the termination of two woman judicial officers by the Madhya Pradesh High Court. The top court remarked that there is no place for flamboyance in judiciary. "Judicial officers should not go to Facebook. They should not comment on judgments because tomorrow if the judgment is cited, judge has already expressed one way or the other. "It is an open platform...You have to live life a hermit, work like a horse. So much sacrifice judicial officers have to do. They should not go into Facebook at all," the bench said in an oral observation. Senior advocate R Basant, appearing for one of the terminated woman judge, echoed the views of the bench and said no judicial

Places of Worship Act hearing: SC says no surveys until case concludes

Places of Worship Act case: Supreme Court has given the central government four weeks to file its reply to the various pleas

Harassment not sufficient to find accused guilty of abetting suicide: SC

Mere harassment is not sufficient to hold someone guilty of the offence of abetting suicide, and there must be clear evidence of direct or indirect incitement, the Supreme Court has said. The observations came from a bench of justices Vikram Nath and P B Varale which delivered its verdict on an appeal challenging a Gujarat High Court order which refused to discharge a woman's husband and her two in-laws for allegedly harassing her and driving her to suicide. The case was registered in 2021 for the alleged offences including under sections 498-A (subjecting a married woman to cruelty) and 306 of the Indian Penal Code which deals with the offence of abetment of suicide and prescribes jail term of up to 10 years and fine. "For a conviction under section 306 of the IPC, it is a well-established legal principle that the presence of clear mens rea - the intention to abet the act - is essential. Mere harassment, by itself, is not sufficient to find an accused guilty of abetting suicide," t

SC flags absence of govt's lawyers, says it doesn't like summoning officers

Displeased over the repeated absence of the Centre's advocates in several cases, the Supreme Court on Thursday said it did not take pleasure in summoning government officers before it. A bench of Justices B R Gavai and K V Viswanathan on December 11 sought the presence of the director general of the Centre's Directorate General of Health Services while flagging the "casual approach" in a matter concerning admission of a medical aspirant belonging to persons with disability category. "The court does not take pleasure in summoning the officers to the court. However, when in spite of being duly served, the respondents do not put in appearance, we were compelled to do so," it said. On Thursday, both the officer and Centre's counsel additional solicitor general Vikramjit Banerjee appeared before the bench. "What is this? Notices are served and you don't even bother to appear," Justice Gavai said, "this is not happening for the first time. On many occasions, for the Union of India, nobod

Bangladesh lawyer to seek bail for spiritual leader Chinmoy Krishna Das

The court dismissed the petition as Chinmoy Krishna Das did not authorize power to the lawyer Ghosh who submitted the plea

ED cannot direct prosecutors on court conduct in money laundering cases: SC

The Supreme Court has said the Enforcement Directorate and its director may provide instructions related to the facts of a money laundering case but they cannot direct their prosecutors on how to conduct themselves in court. The top court ruling underscored the independence of public prosecutors as officers of the court and limits the influence of investigative agencies in judicial proceedings. The observations were made in an order by a bench of Justices Abhay Oka and Augustine George Masih on Wednesday while granting bail to Zeeshan Haider and Daud Nasir, who were arrested in connection with the Delhi Waqf Board money laundering case. The bench took note of their prolonged incarceration and believed that the trial would not begin in the near future. The bench clarified the limits of the ED's authority over public prosecutors while addressing a trial court's directive that the director of the anti-money laundering probe agency issue instructions to prosecutors not to oppose bail .

Amid Bengaluru techie death case, SC issues 8 guidelines on alimony amount

The Supreme Court clarified that these eight factors are not rigid rules but serve as guidelines for determining alimony

SC issues contempt notice to R Infra arm, Axis Bank over DMRC refund case

A bench of the court issued the notice to the parties for disobeying the court's orders to refund the money to DMRC that it had deposited in the escrow account

SC flags misuse of cruelty laws amid Bengaluru techie's death by suicide

The Supreme Court raises concerns over the growing misuse of Section 498A of the IPC following the tragic suicide of a Bengaluru techie