Page 97 - Supreme Court

PM security lapse in Punjab: SC rejects plea seeking witnesses' statements

The Supreme Court Friday turned down the Punjab government's plea seeking statements of witnesses who have deposed before former apex court judge Indu Malhotra to probe the security breach during Prime Minister Narendra Modi's visit to the state in January 2022. A bench of Justice Surya Kant and Justice Ujjal Bhuyan asked the state government to independently conduct the enquiry against delinquent officers without the aid of the statements. The top court appointed a committee headed by former judge Indu Malhotra on January 12, 2022, to probe the security breach. "After receipt of report of the committee, matter was taken up on August 25, 2022. Copy of report was directed to be supplied to Centre and state government. It was directed that report shall be kept in sealed cover in the safe custody of secretary general of this court," the bench said. "It seems the Punjab government has now sent a letter seeking statements of witnesses to conduct further proceedings against delinquent ..

Manish Sisodia seeks SC's relief on bail condition in Delhi excise case

Deputy Chief Minister of Delhi Manish Sisodia has approached the Supreme Court seeking relaxation of his bail condition that requires him to appear before the investigating officer twice a week

SC agrees to hear Sisodia's pleas seeking relaxation of bail condition

The Supreme Court on Friday agreed to hear AAP leader Manish Sisodia's pleas seeking relaxation of bail condition which require him to report to the investigating officer on every Monday and Thursday in the corruption and money laundering cases related to Delhi excise policy. A bench of Justices B R Gavai and K V Viswanathan issued notices to the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) seeking their responses on Sisodia's applications. On August 9, the apex court had granted him bail in the corruption and money laundering cases linked to the alleged Delhi excise policy scam, saying long incarceration for 17 months without trial had deprived him of his right to speedy trial. The apex court had imposed conditions, including that he shall report to the investigating officer on every Monday and Thursday between 10-11 am. During the hearing on Friday, senior advocate Abhishek Singhvi, appearing for Sisodia, said the Aam Aadmi Party (AAP) leader has ...

Telecom stocks mixed after SC allows to claim tax credits on infra duties

Bharti Airtel and Indus Towers shares rose in the early trade, while Vodafone Idea slipped after SC allowed telcos could avail themselves of central value-added tax (cenvat) credit on infra

Relief for telcos as SC grants right to claim tax credits on infra duties

Overturns 2014 Bombay HC ruling classifying infrastructure items as non-capital goods

Separate yardsticks can't be applied to different accused, says SC

The state government cannot be permitted to apply different yardsticks for different accused, the Supreme Court said on Wednesday while granting bail to a man in a criminal case lodged in West Bengal. The apex court noted the state does not propose to challenge the order granting anticipatory bail to four other co-accused in the case, though the court had given suggestions in that regard. "On the other hand, the state government is opposing the application for grant of bail of an accused, who has been incarcerated in jail for a period of about one year and two months," a bench of Justices B R Gavai and K V Viswanathan said. "The state government cannot be permitted to apply different yardsticks for different accused," it said. The top court was dealing with a plea filed by a man, who had challenged the Calcutta High Court's July this year order dismissing his application seeking regular bail in the case lodged in October 2023. The bench noted that in its September 19 order passed

SC grants 8 weeks to Manipur govt to respond to plea against ILP in state

The Supreme Court on Wednesday granted eight weeks to the Manipur government to respond to a plea challenging the system of Inner Line Permit (ILP) in the state. Manipur is the fourth state after Arunachal Pradesh, Nagaland and Mizoram where the ILP regime is applicable. To visit ILP-regime states, outsiders, including people from other states of the country, need permission. A bench of justices Hrishikesh Roy and SVN Bhatti gave time to Manipur after the counsel for the state government sought time. The top court on January 3, 2022 had issued notices to the Centre and the Manipur government and others on a plea filed by an organisation called 'Amra Bangalee'. The plea contended that the ILP provides unrestrained power to the state to restrict entry and exit of non-indigenous people or those who are not permanent residents of Manipur. "The draconian ILP system is fundamentally opposed to the policies of social integration, development and technological advancement in the area beyo

State can't claim adverse possession over citizens' private property: SC

The Supreme Court on Tuesday said allowing the State to appropriate private property through adverse possession would undermine the constitutional rights of citizens and erode public trust in the government. A bench of Justices Vikram Nath and P B Varale dismissed an appeal of the Haryana government challenging the Punjab and Haryana High Court order restoring the possession of land to a private party in which the state's Public Works Department (PWD) has staked its claim. "We find no merit in the appellants' contentions. The high court's judgement is based on sound legal principles and correct appreciation of evidence. The plaintiffs (private party) have established their ownership of the suit property, and the State cannot claim adverse possession against its own citizens," it said. The dispute pertains to land in Bahadurgarh at Haryana located on the National Highway, which connects Delhi and Bahadurgarh. The bench relied on the entries of the revenue records which established t

Reassessment notice on non-existent entity after demerger unjustified: SC

MCTM then approached the Supreme Court against the High Court's order

SC to hear plea raising concerns regarding pre-censorship of films in Jan

The Supreme Court on Tuesday said it would hear in January a plea which has raised the issue concerning pre-censorship of films. The apex court had in April 2017 sought responses from the Centre and the Central Board of Film Certification (CBFC) on the plea filed by veteran actor-director Amol Palekar. The matter came up for hearing before a bench of justices B R Gavai and K V Viswanathan. "Why should all such petitions be filed directly before the Supreme Court," the bench asked. The counsel appearing for the petitioner said the pleadings in the matter were complete. "It is our respectful submission that documentaries do not fall within the definition of cinematograph as defined under the Act (Cinematograph Act)," the lawyer said. When the lawyer referred to the prayers made in the plea, the bench observed it also relates to pre-censorship of films. The petitioner's counsel said the government had notified the Cinematograph (Amendment) Act, 2023 in August last year but that doe

Delhi pollution: CJI permits virtual hearings, rules out full online shift

Amid Delhi's pollution crisis, CJI Sanjiv Khanna allowed lawyers to appear online but resisted calls to fully shift Supreme Court operations online, citing flexibility

Punjab farm fires peak as SC blasts authorities over pollution crisis

Despite reports of declining farm fires in Punjab, many now occur later in the day, possibly evading satellite detection

Health secy issues advisory as AQI worsens, SC enforces Grap IV in Delhi

The advisory includes recommendations for states and UTs to strengthen existing health systems and raise awareness among vulnerable groups and at-risk occupations

Supreme Court flags 'wrong approach' in enforcing anti-pollution curbs

The Bench questioned the Delhi government and the CAQM over the delay in invoking pollution preventive measures under Grap stages

SC asks govt to procure data on farm fires from geo-stationary satellites

The Supreme Court on Monday directed the Centre and the Commission for Air Quality Management (CAQM) to procure data from geostationary satellites on farm fire instances instead of from NASA polar-orbiting satellites. The data of farm fires throughout the day can thus be made available to the state to enable them to take immediate action, it directed. A bench of Justices Abhay S Oka and Augustine George Masih noted that ISRO is taking data from NASA satellites which pass over the NCR region around 10.30 am to 1.30 pm daily and the instances of farm fires which are captured by satellite are only for this limited period. The bench said senior advocate Aprajita Singh, who has been appointed as amicus curiae, pointed out that a Korean satellite, which is a stationary one, has captured data of farm fires at 4.20 pm. It said that the amicus has pointed out that there may be a difference between the data of farm fires which may be collected through stationary satellites and the one which

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SC issues notice to Centre over vacancies in 11 debt recovery Tribunals

The Supreme Court on Monday sought a response from the Ministry of Finance on a PIL highlighting critical vacancies in 11 Debt Recovery Tribunals (DRTs) across India. The DRTs are set up under the Recovery of Dues to Banks and Financial Institutions Act of 1993 to enable banks and financial institutions recover bad debts from borrowers. "Eleven DRTs remain unmanned which is creating issues. In view of the grant of additional charges and also the complications, notice be served including 'dasti', counter affidavits (reply) be filed in five weeks and the rejoinder to be filed within three weeks after the response," said a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar. The PIL, filed by Ghaziabad resident Nischay Chaudhary, was argued by senior advocate K B Sounder Rajan along with lawyer Sudarshan Rajan. According to the PIL, as of September 30, 2024, 11 DRTs are without presiding officers, severely impacting their ability to resolve cases efficiently. The PI

Grap-IV restrictions to remain until further notice: SC tells Delhi govt

Delhi pollution: Amid rising pollution levels in the Delhi-NCR region, Grap-IV came into effect 8 am on Monday morning, as air quality dropped to 481

SC directs President's secy to expedite Beant assassination convict's plea

The Supreme Court on Monday directed President Droupadi Murmu's secretary to place before her the mercy petition of death row convict Balwant Singh Rajoana, convicted in the 1995 assassination case of then Punjab chief minister Beant Singh, for consideration. A bench of Justices B R Gavai, P K Mishra and K V Viswanathan requested the President to consider the plea within two weeks. "Inspite of the matter being specifically kept today none appeared for Union of India. The bench assembled only for this case," the bench said. "On the last date the matter was adjourned to enable the Union to take instructions from the office of the President as to by when will mercy plea be decided. Taking into consideration that the petitioner is on a death row, we direct the secretary to the President of India to place the matter before the President with a request to consider the same within two weeks from today," the bench said. The matter will now be heard on December 5. On September 25, the top

Waste management: SC flags total failure in enacting 2016 rules in Delhi

The Supreme Court has flagged the "complete failure" of agencies in implementing the Solid Waste Management Rules, 2016 in the national capital and directed the chief secretary of the Delhi government to call a meeting of all stakeholders to discuss the issue. The apex court observed it is a matter of immense importance that the 2016 Rules are implemented in their true letter and spirit in the capital city. "If we find that all other authorities do not come together and tell us the time-bound schedule for implementation of the 2016 Rules, the court may have to consider of passing harsh orders," a bench of Justices Abhay S Oka and Augustine George Masih said in its order passed on November 11. The bench said, "We direct the chief secretary of the Delhi Government to call a meeting of all the stakeholders, including the Municipal Corporation of Delhi, to discuss the issue of implementation of the 2016 Rules". It said all stakeholders must come together and file a common report before