Page 11 - Supreme Court

Victim has fundamental right to fair investigation and trial, says SC

Observing that a victim has a fundamental right to a fair trial, the Supreme Court on Friday ordered Maharashtra Police to further investigate the alleged assault on a man at NCP MLA Jitendra Awhad's bungalow over an objectionable social media post. The alleged incident had taken place on the night of April 5, 2020. According to the victim's complaint, some policemen were also involved in "abducting" him and taking him to the bungalow of the former Maharashtra minister. While refusing to order a CBI probe in the matter, a bench of Justices MR Shah and CT Ravikumar said the Bombay High Court has not committed any error in refusing to transfer the investigation to CBI. The apex court said it is in complete agreement with the view taken by the High Court insofar as refusing to transfer the investigation to CBI is concerned. "Even according to the state investigation agency, a further investigation is required. As observed and held by this Court in the aforesaid decisions, the victim

Mumbai-Ahmedabad bullet train project: SC dismisses plea by Godrej & Boyce

Solicitor General Tushar Mehta, appearing for NHSRCL, told bench that dispute was over amount of compensation and not land acquisition and that delay was leading to an escalation in cost of project

Common man bogged down by corruption in India, need accountability: SC

The common man in India is bogged down by corruption and there is a need to fix accountability at all levels, the Supreme Court observed on Friday as it dealt with a petition seeking debarment of those against whom charges have been framed in criminal cases from contesting elections. The top court said India will have to go back to its core values and character if it has to truly become what it is striving for. "The common man in India is bogged down by corruption. Go to any government office, you cannot come out unscathed. Noted jurist Nani Palkhivala in his book 'We the People' has spoken about this. If we have to truly become a nation we are striving for, we need to come back to our core values and character. If we get back to our values, we will have a nation we strive for," Justice K M Joseph said while hearing the plea with Justice B V Nagarathna. Advocate Ashwini Updhyay, who has filed the PIL, said a person against whom charges have been framed in heinous offence cannot beco

SC ruling allowing EPS as AIADMK chief not a setback: Panneerselvam

Deposed AIADMK leader O Panneerselvam on Friday said the Supreme Court judgment that allowed Edappadi K Palaniswami (EPS) to continue as party interim chief is not a setback and asserted that he would go to the people and seek justice. In his first official reaction to the top court's ruling, Panneerselvam said no verdict is a setback for them. "Only after this judgment, our party workers are enthused more," he told reporters. Asserting that the 'Dharma Yudham' is on, Panneerselvam, popularly known as OPS said he and his followers would go to the people to seek justice. Answering a question on accusations hurled against him and his followers that they are the ruling DMK's 'B' team, Panneerselvam said 'they (Palaniswami camp) are the A to Z team' of DMK. "Can they accuse us over a single thing? There are a thousand things, these will come out one after the other," he said. They were patient so far considering party discipline and to ensure that the party does not 'break-up,' OPS add

Bullet train is national project, says SC declining Godrej's plea

The top court said if any application for enhancement of compensation is filed, it should be decided within six weeks

Supreme Court grants interim bail to detained Congress leader Pawan Khera

SC came to Congress spokesperson's rescue after he was taken away by Assam Police for allegedly making derogatory remarks against PM

Measures announced in Budget will boost jobs, spur economic growth: FinMin

Expelled AIADMK leader O Panneerselvam could not have expected the unkindest cut in his acrimonious power struggle with interim general secretary K Palaniswami through Thursday's Supreme Court verdict, which was a huge setback to his narrative for dual leadership in the party. The ruling, upholding the order of the Madras High Court allowing Palaniswami to continue as the interim general secretary of the AIADMK, cast a shadow on the political career of OPS, a three-time Chief Minister. His few handful supporters claim he would rise again like the phoenix while those in the rival camp insist that its curtain down on his political career. Panneerselvam's house wore a deserted look, leaving the leader too dazed to publicly react to the court's ruling and contrastingly the AIADMK workers at party headquarters here and other parts in the State are on cloud nine celebrating the verdict. "This is only a temporary setback to Panneerselvam, who is an old friend of mine. This three-time chief

CJI announces launch of 'neutral citations' for Supreme Court judgements

Chief Justice of India (CJI) D Y Chandrachud on Thursday announced launch of 'neutral citations' which would ensure a uniform pattern of citing the decisions of the Supreme Court. The apex court had earlier said that steps have been taken for introduction and implementation of a uniform, reliable and secure methodology for identifying and citing decisions in the apex court, namely the 'neutral citations system', to ensure a uniform pattern of citing all the decisions of the top court. As soon as a bench headed by the CJI assembled on Thursday to hear mentioning of matters for urgent listing, Justice Chandrachud announced that all judgements of the apex court will have neutral citations. "We have launched neutral citations. All judgements of this court will have neutral citations," the CJI said, adding around 30,000 verdicts of the apex court will have neutral citations. He said hopefully, the high courts will also follow. Justice Chandrachud said the apex court is also employing .

SC allows Palaniswami to continue as AIADMK interim general secretary

The Supreme Court on Thursday upheld a Madras High Court order allowing K Palaniswami to continue as interim general secretary of the AIADMK, establishing his position as the single, supreme leader of the party. A bench of Justices Dinesh Maheswari and Hrishikesh Roy, which had reserved judgement on the matter on January 12, dismissed the petitions filed by O Panneerselvam. We have upheld the order of the Division Bench of the High Court dated September 2, 2022 and made our earlier interim order permanent. "We have not dealt with the matter of resolutions before the party that were being heard by the single judge. We leave it open for the said resolutions to be dealt with in accordance in law, the bench said. The judgement came on batch of pleas concerning amendments made to party bylaws during the July 11, 2022 general council meeting, which elected Palaniswami, or EPS as he is known, as its single leader while expelling his rival Panneerselvam and some of his aides. The division

Uddhav faction gears up for legal battle as SC refuses to stay EC order

While Maharashtra Chief Minister Eknath Shinde said the Supreme Court had not accepted the demand of status quo, Thackeray faction leader Anil Desai said that the court had taken up the plea

HC imposes Rs 1 lakh fine on man over repeated petitions against UP CM

The Allahabad High Court on Wednesday imposed a fine of Rs 1 lakh on a man for filing repeated petitions against Uttar Pradesh Chief Minister Yogi Adityanath regarding the 2007 Gorakhpur riot case in spite of the issue being settled by the Supreme Court. On January 27, 2007, a Hindu man was killed in a clash between two groups during a Muharram procession in Gorakhpur. The petitioner Parvez Parwaz, a journalist, filed a complaint on September 26, 2008, alleging that Adityanath, the then local MP of the BJP, had delivered speeches seeking revenge for the death of the youth and that he had videos of the same. Subsequently, the state government declined to grant sanction for prosecution. The applicant challenged the government decision before the high court which dismissed his petition. Later, he challenged the decision of the high court before the Supreme Court, which too dismissed it. The applicant had challenged the decision of the trial court dated October 11, 2022, wherein the c

SC refuses to stay EC order recognising Shinde faction as real Shiv Sena

The Supreme Court Wednesday refused to stay the Election Commission order recognising the Eknath Shinde-led bloc as the real Shiv Sena and issued a notice to the group headed by the Maharashtra chief minister on the plea of the rival Uddhav Thackeray camp challenging the poll panel's decision. A bench headed by Chief Justice D Y Chandrachud took note of the submissions of senior advocate Kapil Sibal, appearing for Thackeray, and sought response of the faction led by Maharashtra Chief Minister Shinde. The counsel for the Shinde faction told the bench, also comprising Justices P S Narasimha and J B Pardiwala, that it will not issue any whip or initiate process to disqualify the lawmakers of the Thackeray faction in the meantime. All right, issue notice. The counter affidavit will be filed within two weeks, the bench said. While issuing notice, the bench, however, refused to stay the decision of the poll panel acknowledging the Shinde faction as the real Shiv Sena, saying it cannot be

SC committee seeks inputs on ensuring access to differently-abled

A Supreme Court committee, constituted to ensure that differently-abled persons have equal access to the apex court, has released two questionnaires to seek feedback from lawyers, activists, and litigants on the matter. The Committee on Accessibility, formed under the chairmanship of Supreme Court judge Justice S Ravindra Bhat, has released the questionnaires, which are available on the apex court's website, to gather "valuable feedback" to enable it to identify areas that need improvement, said a top court official on Wednesday. "The Committee is working with a specific mandate to examine accessibility aspects related to the Supreme Court of India, and these questionnaires are a step in achieving that goal. The questionnaires are intended to gather feedback on all aspects of accessibility," the official said. Chief Justice of India D Y Chandrachud had constituted the committee in December last year. According to the court official, while the first questionnaire aims to gather inpu

Union law minister Rijiju lauds use of AI to transcribe SC proceedings

Law Minister Kiren Rijiju on Wednesday lauded Chief Justice of India D Y Chandrachud's initiative to use artificial intelligence (AI) for live transcription of Supreme Court proceedings. In a first, the top court started using AI and Natural Language Processing technology for live transcription of its hearings on an experimental basis from Tuesday. "Honble Chief Justice of India Justice DY Chandrachud has taken a great initiative in the Supreme Court by using AI to transcribe hearings," Rijiju tweeted. He said the Supreme Court officially publishes the transcript of the Constitution Bench proceedings. The live transcription has been launched in the court room of CJI Chandrachud. Rijiju has been pushing for the use of AI in the judicial system as well as arbitration proceedings.

SC mulls State Human Rights Commission role in criminal medical negligence

The top court posted the matter for further hearing after four weeks, and directed pleadings to be completed in the meanwhile.

Easy to be irresponsible in making allegations against registry: SC

Responding to a grievance against its registry for allegedly not following the rules on listing of cases, the Supreme Court said on Wednesday it is easy to be irresponsible in making such allegations. It said judges of the top follow discipline in such matters. A bench headed by Chief Justice DY Chandarchud was hearing lawyers mentioning issues with regard to cases arising from a cash-for-job scam in Tamil Nadu being listed before different judges. Senior advocate Dushyant Dave said while the registry of the apex court is working hard and there are rules it is bound to follow on listing of cases arising from the same issue, the cases in the present instance were being placed before two different judges. Mr Dave, it is always easy to be irresponsible in your allegations against the registry. You have the liberty to criticise everybody under the sun. We as judges of this court have to follow some discipline and I will follow it by looking at the matter in the evening and assign it to

Karnataka hijab ban: Girls move SC for permission to take exam in headscarf

The Supreme Court on Wednesday said it will take a call on listing a plea to allow girls to sit for exams in Karnataka government schools while wearing the hijab. Following the apex court's split verdict on the issue of the ban on wearing the headscarf, girls in hijab are not being permitted to take the exams scheduled to begin from March 9, a bench headed by Chief Justice DY Chandrachud was told. They are wearing headscarf. If they are wearing headscarf they are not allowed inside the examination hall. Only on that limited aspect, the court may consider listing it on Monday or Friday, said lawyer Shadan Farasat. He told the bench, also comprising Justice P S Narasimha, that a few girls have moved to private institutions because of the prohibition on wearing hijabs but have to take their exams in government institutions. They risk losing another year if not permitted, he said. I will take a call, the CJI said. Due to the split verdict, the high court's judgement still holds the ..

After much delay, stage set to elect new MCD mayor following SC order

After much delay since the high-stakes civic polls in Delhi, the stage is set for the election of a new mayor on Wednesday following a Supreme Court order. The municipal House is slated to begin at 11 am during which the election to the posts of mayor, deputy mayor and six members of the standing committee will be held. The exercise to hold elections to the top post will be carried out after three failed attempts. Last week, Delhi Lt Governor VK Saxena gave his nod to convene the municipal House for holding the mayoral election following the apex court order. The top court on February 17 ordered the issuance of a notice within 24 hours for convening the first meeting of the Municipal Corporation of Delhi (MCD) to fix the date of elections for the mayor, the deputy mayor and the members of the standing committee of the civic body. The court issued the order after hearing a plea moved by the ruling Aam Aadmi Party's (AAP) mayoral candidate Shelly Oberoi, who had sought an early cond

Land acquisition compensation can't be different on nature of ownership: SC

SC ruled that the classification of land as 'Pushtaini' and 'Gair-Pushtaini' for the purpose of compensation for land acquired by the Greater Noida authority would be "bad in law"

Supreme Court declines to revive ACLU lawsuit over NSA surveillance

The Supreme Court on Tuesday declined to revive an ACLU lawsuit challenging a portion of the National Security Agency's warrantless surveillance of Americans' international email and phone communications. The justices left in place an appeals court ruling against the Wikimedia Foundation, which runs Wikipedia. The organization said that the National Security Agency's Upstream surveillance program violates free-speech rights and protections against unreasonable search and seizure. Details of the Upstream program are classified, but it collects data from transmissions over high-speed cables that carry electronic communications into and out of the country. The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, had ruled that the lawsuit must be dismissed after the government invoked the state secrets privilege against the possible damage to national security that might result from a court case.