Page 99 - Supreme Court

All Grap 4 restrictions to stay until Dec 02, except those on schools: SC

The Supreme Court on Thursday refused to relax emergency measures under Stage 4 of the Graded Response Action Plan (GRAP) to deal with air pollution in the national capital, ordering it to continue till December 2. A bench of Justices Abhay S Oka and Augustine George Masih said the second report submitted by the court commissioners showed an "abject failure" of authorities in implementing the GRAP IV curbs in letter and spirit. "We make it clear that all GRAP IV measures except the measures which are modified in respect of the schools will continue to operate till Monday. In the meantime, Commission for Air Quality Management will hold a meeting and come out with the suggestion about moving from GRAP IV to GRAP III or GRAP II. We also make it clear that it is not necessary that all measures which are provided in GRAP IV should be dispensed with," the bench said. Action against officials for a "serious lapse" in ensuring the GRAP-IV curbs needed to be expedited, it added. The bench

Govt says no plans for law requiring SC, HC judges to disclose assets

The government on Thursday told the Rajya Sabha that it had no plans to bring a law mandating Supreme Court and high court judges to furnish their property returns, as recommended by a parliamentary committee. In a written reply, Union Law Minister Arjun Ram Meghwal also said that details of the declaration of assets by the judges of high courts and the Supreme Court were not centrally maintained. The minister replied in the negative to a sub-question on "whether the government is contemplating to enact a law mandating judges of the higher judiciary to furnish their property returns as recommended by the Parliamentary Standing Committee in its report titled 'Judicial Processes and their Reform' of August, 2023". At the same time, the minister said the "Restatement of Values of Judicial Life", adopted by a "full court" meeting of the Supreme Court on May 7, 1997, laid down certain judicial standards to be followed by the Supreme Court and high court judges. The full bench on August

Lower courts have over 5,000 vacancies; no forward movement in AIJS: Govt

The subordinate and district courts face shortage of over 5,000 judges, while the 25 high courts have collective vacancies of over 360, the Rajya Sabha was informed on Thursday. In a written reply, Law Minister Arjun Ram Meghwwal also said the Supreme Court, with a sanctioned strength of 34 judges, including the chief justice of India, has two vacancies. Following the retirement of Justice D Y Chandrachud as the CJI and Justice Hima Kohli earlier, the top court has two vacancies. The minister also said that amid divergence of view among states and high courts, there is no forward movement in the creation of an all-India judicial service. He said as on November 21, the lower judiciary had a shortage of 5,245 judicial officers while the HCs were short of 364 judges. The sanctioned strength of the 25 HCs is 1,114 judges. Responding to a sub question, Meghwal noted that Article 312 of the Constitution provides for the establishment of an All India Judicial Service (AIJS), which will n

SC issues notice to Yasin Malik, others to transfer trial in two cases

This comes after the Supreme Court suggested on November 21 to explore setting up a makeshift courtroom in jail for conducting a trial against terror convict Yasin Malik

Promotion effective only after assuming duty, not from date of vacancy: SC

The Supreme Court on Wednesday underlined that promotion only becomes effective upon assumption of duties and not from the date of the vacancy or recommendation. A bench of Justices P S Narasimha and Sandeep Mehta said it was a well-settled principle that promotion became effective from the date it was granted and not the date of the vacancy or creation of the post. "While the courts have recognised the right to be considered for promotion as not only a statutory right but also a fundamental right, there is no fundamental right to promotion itself," the bench said. The apex court delivered its verdict on an appeal filed by the West Bengal government and others challenging a February 2023 judgement of the Calcutta High Court. The high court upheld an order of the West Bengal Administrative Tribunal which directed that a man, though not entitled to retrospective promotion after his superannuation, should be awarded notional financial benefits for the promotional post of chief scienti

Cash-for-jobs scam: SC notes trial yet to start, witnesses to be examined

Senior Advocate Mukul Rohatgi, appearing for Chatterjee, informed the top court that his client was in jail for nearly 2.5 years, 183 witnesses are in the case and the trial is yet to start

SC questions ED over low conviction rate in money laundering cases

The Supreme Court on Wednesday questioned the ED over the low rate of convictions in money laundering cases, wondering for how long former West Bengal minister Partha Chatterjee, arrested over alleged irregularities in academic staff recruitment in the state, could be kept in jail. A bench of Justices Surya Kant and Ujjal Bhuyan said Chatterjee has been incarcerated for over two years and the trial in the case was yet to commence. "What will happen if we don't grant bail? Trial is yet to commence, there are 183 witnesses in the cases. Trial will take time...How long can we keep him? That is the question. Here is a case where more than two years have gone. How to strike balance in such case?" the bench asked Additional Solicitor General S V Raju, representing ED. The top court remarked it also couldn't ignore that the allegations against the former minister were serious in nature and asked, "Mr Raju, if ultimately he is not convicted, what will happen? Waiting for 2.5-3 years is not

Religious conversion to avail reservation a 'fraud on constitution': SC

In a significant verdict, the Supreme Court has said religious conversions undertaken solely to avail reservation benefits without genuine belief amounted to a "fraud on the Constitution". Justices Pankaj Mithal and R Mahadevan passed the verdict on November 26 in a case filed by one C Selvarani and upheld a Madras High Court decision of January 24 denying a scheduled caste certificate to a woman who converted to Christianity but later claimed to be a Hindu to secure employment benefits. Justice Mahadevan, who wrote the 21-page verdict for the bench, further underscored that one converted to a different religion, when they were genuinely inspired by its principles, tenets and spiritual thoughts. "However, if the purpose of conversion is largely to derive the benefits of reservation but not with any actual belief in the other religion, the same cannot be permitted, as the extension of benefits of reservation to people with such ulterior motives will only defeat the social ethos of th

Lakhimpur Kheri: SC asks Ashish Mishra to reply to 'threat' allegations

The Supreme Court on Wednesday directed former Union minister Ajay Mishra's son Ashish Mishra to respond to allegation that witnesses were being threatened in the 2021 Lakhimpur Kheri violence case that claimed eight lives. A bench of Justices Surya Kant and Ujjal Bhuyan asked senior advocate Siddharth Dave, appearing for Mishra, to file an affidavit clarifying his stand after he refuted the allegations. At the outset, a counsel appearing for one of the complainants in the case told the court that he has filed a plea in which he has said that witnesses were threatened by Mishra. Dave denied the allegations and said this is an "endless process". "It's not me in the photographs. This is not for this court, this is for outside," Dave said. The top court then asked Mishra to file an affidavit denying the allegations within four weeks. On July 22, the top court had granted bail to Ashish Mishra and restricted his movement to Delhi or Lucknow. On January 25 last year, the top court ha

CJI backs advance letters for case withdrawals to streamline proceedings

Chief Justice of India Sanjiv Khanna on Wednesday emphasised the importance of preemptive communication in court processes and suggested that lawyers submit advance letters for case withdrawals rather than relying on oral submissions during hearings. The CJI has been taking several procedural steps to streamline the judicial process in the top court. On November 12, he said no oral submissions for urgent listing and hearing of cases would be permitted and urged lawyers to either send emails or written letters for it. On Wednesday, the CJI suggested lawyers file advance letters for case withdrawals rather than making oral submissions while hearing a transfer petition in a family dispute case. The counsel in the case informed the bench that the parties had resolved their differences and wished to withdraw the transfer petition. Granting the withdrawal, the CJI remarked that advance notice would enhance court efficiency. "If you have any such requests, you can always give a letter to

Supreme Court flags 'worrying trend': When love turns sour, FIRs follow

The Supreme Court highlighted a 'worrying trend' of criminalising long-term consensual relationships when they turn sour, calling for careful scrutiny to prevent misuse of criminal laws

Constitution our 'guiding light', 'living stream': PM Narendra Modi

PM says his govt has strengthened constitutional values by implementing welfare measures

Worrying trend of criminalising long, consensual ties after break-up: SC

Flagging the "worrying trend" where long term consensual relationships, upon turning sour, were sought to be criminalised by invoking penal laws, the Supreme Court on Tuesday quashed an FIR lodged against a man for alleged offences of rape and cheating. Noting that the relationship continued for nine long years in the case, the apex court observed if criminality was to be attached to such prolonged physical relationship at a very belated stage, it could lead to serious consequences. "It is evident from the large number of cases decided by this court dealing with similar matters as discussed above that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence," a bench of Justices B V Nagarathna and N Kotiswar Singh said. The top court delivered its verdict on an appeal filed by a man, who had challenged a February 2018 order of the Bombay High Court which dismissed

Sheena Bora case: Indrani Mukerjea moves SC, seeks nod to travel abroad

A special court on July 19 allowed Mukerjea's plea to travel to Spain and the UK for 10 days between intermittent periods over the next three months

SC upholds validity of land acquisition for Yamuna Expressway development

In a significant verdict, the Supreme Court on Tuesday upheld the validity of land acquisition for the integrated development of the Yamuna Expressway and its adjoining areas in Gautam Budh Nagar, Uttar Pradesh. The top court decided a batch of appeals and the cross-appeals filed by the landowners and the Yamuna Expressway Industrial Development Authority (YEIDA) respectively. The cases arose from two conflicting verdicts of the Allahabad High Court. One judgement upheld the acquisition by the YEIDA and another quashed state action of taking the land of farmers by invoking the urgency clauses. A bench comprising Justices B R Gavai and Sandeep Mehta dismissed appeals by the landowners while allowing the appeals filed by the YEIDA, resolving a long-standing dispute over the application of urgency provisions in the Land Acquisition Act, 1894. Writing a 49-page judgement for the bench, Justice Mehta said the acquisition was deemed integral to the Yamuna Expressway's development. The .

SC rejects ballot paper plea; Kharge demands revival of traditional voting

Congress President Mallikarjun Kharge demands bringing back the traditional method of casting votes

SC asks Centre, states to expedite steps to fill vacancies in CIC, SICs

Taking serious note of vacancies in the Central Information Commission (CIC) and state information commissions (SICs), the Supreme Court on Tuesday asked the Centre and the state governments to apprise it about the steps taken to fill up the posts. A bench of Justices Surya Kant and Ujjal Bhuyan said the states that have initiated the process of filling up the vacant posts should complete the process within four weeks. Pointing out that there are eight vacancies in CIC out of the 11 sanctioned posts including that of chief information commissioner, the bench asked Additional Solicitor General Brijender Chahar, appearing for the Centre, to file an affidavit within two weeks about the steps taken to fill up the vacancies. Since February 2019, the apex court has given several directions on the need for timely appointments to the transparency watchdog by the Centre and states so that the 2005 law on the Right to Information remains effective. The court said on Tuesday that in Jharkhand

Air India urination case: SC exhorts Centre for guidelines on unruly flyers

The Supreme Court on Tuesday directed the Centre and aviation regulator DGCA to frame more comprehensive guidelines to control unruly air passengers and observed "something creative" had to be done. A bench of Justices B R Gavai and K V Viswanathan was hearing a plea filed by a 73-year-old woman, on whom a male co-passenger allegedly urinated in an inebriated condition on board an Air India flight in November, 2022. The septuagenarian sought directions to the Centre, the DGCA and all the air carriers to frame a standard operating procedure (SOP) to deal with similar incidents. The bench, hearing the plea, asked Solicitor General Aishwarya Bhati to instruct the authorities concerned to examine and suitably modify the existing guidelines on unruly passengers, in line with the international norms. Interestingly, Justice Viswanathan shared his own experience while travelling with Justice Surya Kant when they encountered a similar incident. "We had a recent experience. Two passengers w

'Completely misconstrued': Ex-CJI on praying for solution to Ayodhya case

Former Chief Justice of India DY Chandrachud said that his remarks about praying to God to help him find a solution to the Ayodhya Ram Janmabhoomi-Babri Masjid dispute were "completely misconstrued."In an exclusive interview with ANI, Justice Chandrachud said that in Ayodhya's case, the judgment of the court states whether the law and the Constitution were applied or was some "divine intervention.""Like everything else on social media, what I said has been misconstrued. Because what you say is then sort of compressed into a small short of 20 seconds. And what you said on a particular occasion is then put forth in 20 seconds as your view, which is not so. Now, I must tell you that when I spoke on that occasion, just before I laid down office, I went to my own village, which is about an hour and a half from Pune."It's a village called Kanersar, which is predominantly an agricultural community. And I thought I must go to my village. We have an old house built in the 18th century which ...

SC dismisses petition for reverting to ballot paper voting in elections

The Supreme Court on Tuesday dismissed a petition seeking to revert to ballot paper voting in elections in the country. "What happens is, when you win the election, EVMs (electronic voting machine) are not tampered. When you lose the election, EVMs are tampered (with)," remarked a bench of Justices Vikram Nath and P B Varale. Apart from ballot paper voting, the plea sought several directions including a directive to the Election Commission to disqualify candidates for a minimum of five years if found guilty of distributing money, liquor or other material inducement to the voters during polls. When petitioner-in-person K A Paul said he filed the PIL, the bench said, "You have interesting PILs. How do you get these brilliant ideas?". The petitioner said he is the president of an organisation which has rescued over three lakh orphans and 40 lakh widows. "Why are you getting into this political arena? Your area of work is very different," the bench retorted. After Paul revealed he ha