Page 17 - Supreme Court

SC to hear plea against appointment of Victoria Gowri as Madras HC judge

The Supreme Court on Monday agreed to hear a plea challenging the appointment of lawyer L Victoria Gowri as a judge of the Madras High Court. A bench comprising Chief Justice DY Chandrachud, and Justices PS Narasimha and JB Pardiwala took note of the submissions of senior advocate Raju Ramachandran that the plea needed urgent hearing. He pleaded it was an urgent petition by senior lawyers of Madras. "They are praying for interim relief. I would request you to take it at the earliest," the senior lawyer said. The bench, which initially agreed to list the plea for hearing on February 13, later said it will hear it on February 10. The proposal to elevate the woman lawyer, who was representing the Centre before the Madurai Bench of the Madras High Court, later reportedly became controversial after reports emerged about her alleged affiliation to the BJP. Some statements of the lawyer, who was proposed for the judgeship, about Muslims and Christians have purportedly surfaced in the pub

CJI D Y Chandrachud administers oath of office to five new SC judges

Chief Justice of India D Y Chandrachud on Monday administered oath of office to five new judges of the Supreme Court. The five judges -- Justices Pankaj Mithal, Sanjay Karol, P V Sanjay Kumar, Ahsanuddin Amanullah and Manoj Misra -- were administered the oath during a swearing-in ceremony held in the Supreme Court premises. With the appointment of five judges, the total number of judges in the apex court has risen to 32, two short of the full strength. Their names were recommended for elevation as apex court judges by the Supreme Court Collegium on December 13, 2022.

HM Shah assures delegation from Sikkim of intervention amid protests

Home Minister Amit Shah assured a delegation of BJP leaders from Sikkim on Sunday that the finance and home ministries will file a review plea before the Supreme Court to seek clarity on the term "Sikkimese" in line with constitutional provisions, official sources said. The assurance from Shah came amid protests in Sikkim over the Supreme Court observation referring to Sikkimese Nepalis as "immigrants" while extending income tax exemption to all old settlers of the state. Shah told the delegation that sentiments of the Sikkimese community are respected. "The people of Sikkim are an integral and essential part of India. And the constitutional provision for the people of Sikkim shall be protected," he told them, sources said. The delegation was led BJP state president D R Thapa and included members of the Joint Action Committee and the Sikkimey Nagarik Samaj. They apprised Shah about the issue of foreigners tag to Sikkimese of Nepali origin and distortion of the definition of ...

Story in numbers: Not a long rope for death penalty adjudication

At the end of 2022, 539 convicts were on death row - the highest number of prisoners facing the gallows since 2016

Plea seeking review of verdict on demonetisation filed in SC today

A plea seeking a review of the judgement that upheld the Centre's 2016 decision to demonetise Rs 1,000 and Rs 500 currency notes was filed in the Supreme Court on Sunday. A five-judge Constitution bench, in a 4:1 majority verdict, on January 2 had given its stamp of approval, saying the decision-making process was neither flawed nor hasty. The review plea was filed by lawyer ML Sharma, one of the 58 petitioners who had moved the top court challenging the demonetisation exercise announced on November 8, 2016. Sharma, in his review plea, contended that the bench did not consider his written arguments in its verdict on the batch of pleas which led to serious injustice and miscarriage of justice. It is, therefore, most respectfully prayed that ... may be pleased to: (i) Review the Judgment..., it said. Observing that the scope of judicial review in matters of economic policy is "narrower", a five-judge Constitution bench headed by Justice S A Nazeer, since retired, had said there has

SC set to get five new judges tomorrow, taking its strength to 34

The Supreme Court is all set to get five new judges, taking its strength to 32 against the sanctioned strength of 34, on Monday when three chief justices-- Justice Pankaj Mithal, Justice Sanjay Karol and P V Sanjay Kumar -- of high courts of Rajasthan, Patna and Manipur respectively will take oath alongside two other senior high court judges. Justice Ahsanuddin Amanullah of the Patna High Court and Justice Manoj Misra of the Allahabad High Court will also be administered oath of office by Chief Justice of India (CJI) as apex court judges in a ceremony to be held at the court's auditorium in its new building complex. The senior most among the five judges, whose names were officially announced by the Centre on Saturday, is Justice Mithal whose parent cadre is the Allahabad High Court. He was serving as the Chief Justice of the Rajasthan High Court since October 14, last year. Born on June 17, 1961, Justice Mithal is a 1982 commerce graduate from Allahabad University. He completed his

There are no big or small cases for court, every matter is important: CJI

Maintaining that the Supreme Court has made a constant endeavour to ensure access to justice for everyone, Chief Justice D Y Chandrachud on Saturday said there are no big or small cases for the court and that every matter is important. Speaking at the 73rd anniversary of the establishment of the Supreme Court, he said every day, the Supreme Court has hundreds of cases on its docket and the judges and the staff of the Registry put up tremendous hard work to ensure their speedy disposal. CJI Chandrachud said the top court disposed of 12,471 cases in the last three months. "For the court, there are no big or small cases every matter is important. Because it is in the seemingly small and routine matters involving grievances of citizens that issues of constitutional and jurisprudential importance emerge. In attending to such grievances, the court performs a plain constitutional duty, obligation and function," he said. Between March 23, 2020, and October 30, 2022, the apex court heard 3

Five new judges appointed to Supreme Court; to take oath on Monday

The five new judges appointed to the Supreme Court on Saturday will take the oath of office at 10.30 am on February 6, sources in the apex court said. Chief Justice of India D Y Chandrachud will administer the oath to the five judges in a ceremony on the top court premises, they said. Earlier in the day, Union Law Minister Kiren Rijiju tweeted to announce the appointment of Justice Pankaj Mithal, Chief Justice, Rajasthan High Court; Justice Sanjay Karol, Chief Justice, Patna High Court; Justice P V Sanjay Kumar, Chief Justice, Manipur High Court; Justice Ahsanuddin Amanullah of Patna High Court; and Justice Manoj Misra of Allahabad High Court as apex court judges. Their names were recommended by the Supreme Court Collegium on December 13 last year.

Rs 7,000 cr proposed budgetary allocation for eCourts project phase 3: CJI

The proposed allocation of Rs 7,000 crore in the 2023-24 budget for phase three of the eCourts Project will enhance judicial institutions and efficiency while ensuring courts reach every citizen, Chief Justice D Y Chandrachud said Saturday. Addressing the 73rd anniversary of the establishment of the Supreme Court, he said that during the COVID-19 pandemic period, the top court adopted video conferencing of court proceedings to reach out to the people. "In the recent budget, the Government of India has introduced a provision of Rs 7,000 crore for phase-3 of the e-courts project. This will help enhance the accessibility of judicial institutions and the efficiency of judicial systems in India. Such endeavour will ensure the court reaches every citizen of India," Justice Chandrachud said. Between March 23, 2020, and October 30, 2022, the apex court heard 3.37 lakh cases through video conferencing, he said. "We updated our video conferencing infrastructure at meta scale. We are continui

Lawyer seeks probe in Hindenburg report in SC, calls it criminal conspiracy

A PIL has been moved in the Supreme Court seeking a direction to the Centre and the SEBI to inquire into alleged "criminal conspiracy" behind the Hindenburg report into Adani Group of companies

PIL in SC seeks prosecution for 'artificial crashing' of Adani stock value

A PIL has been filed in the Supreme Court, seeking the prosecution of short seller Nathan Anderson of US-based firm Hindenburg Research and his associates in India and the US, for allegedly exploiting innocent investors and the "artificial crashing" of the Adani Group's stock value in the market. Hindenburg engages in activist short selling, which involves selling borrowed stocks with the hope of buying the same at a lower price later. If the prices fall on the expected lines, the short sellers make a killing. The investment research firm, which invests its own capital, takes such bets based on its research, which looks for "man-made disasters" such as accounting irregularities, mismanagement and undisclosed related-party transactions. The public interest litigation (PIL) matter filed by advocate ML Sharma also seeks directions for declaring short selling an offence of fraud against the investors, to be prosecutable under section 420 (cheating) of the Indian Penal Code (IPC), read .

Five names recommended by Collegium for SC to be cleared soon: Centre

The Centre on Friday assured the Supreme Court that the Collegium's recommendation for the appointment of five judges in the apex court will be cleared soon. Attorney General R Venkataramani told a bench of Justices S K Kaul and A S Oka that warrant of appointments of these five names is expected to be issued soon. The bench expressed displeasure over the delay by the Centre in clearing recommendations for transfer of high court judges, saying "it is a very, very serious issue". "Don't make us take a stand which will be very uncomfortable," the bench observed. The apex court, which was hearing a matter related to the Centre's alleged delay in clearing names recommended by the Collegium for appointment as judges to the Supreme Court and high courts, has posted it for further hearing on February 13 The Collegium on December 13 last year recommended five judges for elevation to the apex court -- Rajasthan High Court Chief Justice Pankaj Mithal, Patna High Court Chief Justice Sanjay

SC issues notice to Centre over blocking of BBC documentary on PM Modi

The bench was considering a petition jointly filed by journalist N Ram, advocate Prashant Bhushan and TMC MP Mahua Moitra and another petition filed by advocate ML Sharma

Singapore CJ Sundaresh Menon shares bench with CJI Chandrachud in SC

Chief Justice of Singapore Sundaresh Menon on Friday sat on the Supreme Court of India bench headed by CJI D Y Chandrachud. Justice Menon, who has been serving as the fourth chief justice of Singapore since 2012, is in India to take part as the chief guest of a function to be held on Saturday to commemorate the 73rd anniversary of the establishment of the Supreme Court. The Singapore chief justice will deliver a lecture on the "Role of judiciary in a changing world" at the event which will feature a welcome address by Justice SK Kaul and an address by the chief justice of India as well. The Supreme Court of India came into existence on January 28, 1950, two days after India became Republic.

Centre changed law in 2021 to ensure all govt files are sent to Delhi LG

Delhi Chief Minister Arvind Kejriwal on Thursday said the Centre enacted a law in 2021 to ensure that all government files are sent to the lieutenant governor and expressed hope that the Supreme Court will strike down the "unconstitutional" law. The chief minister said the Constitution states that the LG is bound by the aid and advice of the Council of Ministers. "This is the same for the states of India, where the Governor is bound by the aid and advice of the Council of Ministers. The process was the same for Delhi until 2018, when the Supreme Court stated that the Lt Governor in Delhi is also bound by the aid and advice of the Council of Ministers. But in 2021, the central government unconstitutionally changed the law and stated that all the files of the Delhi government will have to be passed through the LG Office," he claimed. Accusing the LG of unnecessarily creating objections on all the decisions of the government, he said, "This was illegal and the central government has ..

Centre asked SC to finalise MoP for appointment of judges, says Rijiju

The government on Thursday said it has suggested to the Supreme Court that the search-cum-evaluation committee for the appointment of judges in the apex court and chief justices of high courts should consist of a representative nominated by the Centre. In a written reply to two separate questions in the Rajya Sabha, Law Minister Kiren Rijiju also said the Centre has not asked the Supreme Court to include a government nominee in the collegium for appointments to the higher judiciary. Rijiju said in a communication to the apex court January 6, the government has also emphasised the need to finalise the memorandum of procedure (MoP) in view of various judicial pronouncements. The MoP is a set of documents that guide the elevation, appointment and transfer of Supreme Court and high court judges. The minister said for the appointment of judges in the high courts, the committee should consist of a representative each nominated by the Centre and the respective state governments. The ...

Nobody taking action against hate speeches despite our orders, laments SC

The Supreme Court on Thursday lamented that nobody was taking action against hate speeches despite its orders, and observed that the top court will be left "embarrassed again and again" if it is asked to give further directions to curb such statements. The court's strong observations were made by a bench comprising Justice K M Joseph, Justice Aniruddha Bose and Justice Hrishikesh Roy when a plea seeking to prohibit an event scheduled to be held on February 5 by the Hindu Jan Akrosh Morcha in Mumbai was mentioned for an urgent hearing. The bench agreed to hear the plea on Friday subject to instructions and approval from Chief Justice D Y Chandrachud on the administrative side. "We are with you on this, but understand that the Supreme Court cannot be triggered every time there is a rally notified. We have already passed an order which is clear enough. Just imagine rallies happening all across the country. Every time there will be an application before the Supreme Court. How can that b

AgustaWestland scam: SC to hear bail pleas of Christian Michel James on Tue

The Supreme Court on Thursday said it would hear on February 7 the bail pleas of Christian Michel James, an alleged middleman in the AgustaWestland chopper scam in which the CBI and the ED have lodged two separate cases. The matter came up for hearing before a bench of Chief Justice DY Chandrachud and justices P S Narasimha and J B Pardiwala, which said the pleas would be heard next Tuesday. The Rs 3,600-crore alleged scam relates to the purchase of 12 VVIP helicopters from AgustaWestland. In May last year, the apex court had sought the responses of the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) on the bail pleas of James. During an earlier hearing, the counsel for the accused had said the case was covered under section 436A of the CrPC (maximum period for which an under trial prisoner can be detained) and James had served 50 per cent of the sentence for the offence allegedly committed by him. The accused was extradited from Dubai in December 2018 a

SC declines plea to bar candidates from contesting from more than one seat

The Supreme Court on Thursday declined to scrap a rule, which allows candidates to contest from more than one constituency in a general election

SC to hear plea against 'hate speech' event scheduled on Feb 5 in Mumbai

The Supreme Court on Thursday agreed to hear a plea seeking to prohibit an alleged hate speech event scheduled to be held on February 5 in Mumbai. A bench of Justice K M Joseph, Justice Aniruddha Bose and Justice Hrishikesh Roy said it will seek instructions from Chief Justice D Y Chandrachud and subject to his approval post the matter for hearing on Friday. "We are with you on this, but understand that the Supreme Court cannot be triggered every time there is a rally notified. We have already passed an order which is clear enough. Just imagine rallies happening all across the country. Every time there will be an application before the Supreme Court. How can that be feasible? "You ask us to be embarrassed again and again by getting an order. We have passed so many orders yet nobody is taking action. The Supreme Court should not be asked to pass an order on an event to event basis," the bench observed. The observation came after a lawyer mentioned the matter, saying the issue needs