Page 2 - Supreme Court

Mosque in Qutub complex: SC rejects plea challenging Delhi HC order

The Supreme Court has dismissed a petition challenging the Delhi High Court order which had refused to advance the hearing of a plea by the Managing Committee of Delhi Waqf Board against the Archaeological Society of India (ASI) stopping namaz at the Mughal Mosque in the city's Mehrauli area. The apex court, however, requested the high court to take up the pending matter and decide it as expeditiously as possible. A bench of Justices Krishna Murari and C T Ravikumar passed the order while hearing a petition filed by the Managing Committee of Delhi Waqf Board through advocate M Sufian Siddiqui against the March 7 order of the high court. "We do not find any good ground to interfere in the matter which is already pending before the high court. Accordingly, the Special Leave Petition is dismissed," the bench said in its April 5 order. "However looking in the facts and circumstances of the case, we request the high court to take up the pending matter ... and decide the same in accordan

SC rejects WB govt plea against HC order protecting Soumendu Adhikari

The Supreme Court has dismissed a plea of the West Bengal government challenging a Calcutta High Court order which protected Soumendu Adhikari, brother of BJP leader Suvendu Adhikari, from arrest in a corruption case, saying the petition did not warrant interference now as the charge sheet has been filed. Soumendu, also a BJP leader, was protected by the Calcutta High Court against any probable coercive action by the West Bengal police on January 31, 2023 in a case of alleged misappropriation of funds while allotting 14 shops at the Rangamati Cremation Ground at Contai in Purba Medinipur. The case relates to the period when he was the chairperson of Contai municipal body. A bench comprising Chief Justice D Y Chanrachud and Justice J B Pardiwala took note of the fact that now the charge sheet has been filed and a local court has taken cognisance of it. The court said, hence, there was no need to adjudicate the plea of the state government challenging the high court order. In pursuan

Evidence against third parties subject to tax proceedings, rules SC

Apex court also allows retrospective application of rule

SC asks FinMin to respond to PIL seeking mechanism on unclaimed deposits

The Supreme Court on Thursday asked the Union Ministry of Finance to file its response in three weeks to a PIL seeking a mechanism to inform the legal heirs of deceased depositors about the unclaimed deposits lying dormant in bank accounts. A bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala took note of the submissions of a lawyer, representing the Centre, that a reply to the PIL has been filed by the Ministry of Corporate Affairs and some more time may be granted to the Finance Ministry. The Ministry of Finance is granted three weeks time to file the counter affidavit (reply), the bench said. The bench was hearing a PIL filed by Sucheta Dalal, a journalist. It had earlier issued notices to the two union ministries, market regulator SEBI and the RBI. The PIL has sought directions to the Centre and others to ensure that unclaimed deposits of the public that get transferred to government owned funds be given to the legal heirs of the depositors. It said a ...

WB panchayat polls: SC dismisses Adhikari's plea against Calcutta HC order

The Supreme Court Thursday dismissed an appeal filed by BJP leader Suvendu Adhikari challenging an order of the Calcutta High Court declining to interfere with the West Bengal panchayat poll process. A bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala asked how can it stop elections midway when it is already scheduled. "Interdicting an election is a serious matter and we cannot do that. We will not interfere. Sorry, Dismissed," the bench said. Senior advocate P S Patwalia appeared for BJP MLA Adhikari who is the Leader of Opposition in the West Bengal Assembly. The Calcutta High Court on March 28 had refused to interfere with the West Bengal panchayat election process at this stage while holding that there is the substance in petitioner Adhikari's contention over the seat reservation criteria used for the polls. The high court had held that any interference at this stage in connection with the PIL filed by Adhikari may lead to the postponement of the panchay

Contempt plea against Delhi police closed, SC takes note chargesheet filing

The Supreme Court on Thursday closed activist Tushar Gandhi's contempt plea against the Delhi Police after taking note of submissions that a charge sheet in a case of hate speeches made at religious assemblies in the national capital in 2021 was filed in a court here. A bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala considered the submissions of Additional Solicitor General K M Natraj, appearing for the Delhi Police, that the chrage sheet after conclusion of the investigation was filed in a court of the Metropolitan Magistrate here on April 4. In view of the filing of the charge sheet, it is not expedient in the interest of justice to continue with the present contempt petition, the bench said. Earlier, the Delhi Police had said the investigation into the case was at an advanced stage and a probe report will be filed shortly. The hate speech case is related to a Hindu Yuva Vahini event organised in Delhi under the leadership of Suresh Chavhanke, the editor

Violates principles of natural justice: SC slams practice of sealed report

The Supreme Court on Wednesday slammed the practice of filing sealed cover reports in courts and said it violates both principles of natural justice and open justice. The top court suggested that public interest immunity proceedings should be adopted in cases where the government is hesitant to disclose the contents of its intelligence reports. It said public interest immunity proceeding is a less restrictive means to deal with non-disclosure on the grounds of public interest and confidentiality as the documents are completely removed from the proceedings. The remarks came while the court was hearing a plea by Malayalam news channel MediaOne against the Kerala High Court's order which had upheld the Centre's decision to ban its telecast on security grounds. The high court had relied on material which was disclosed solely to the court in a sealed cover by the Union Ministry of Home Affairs and said the MHA decision to deny security clearance was based on intelligence inputs received

Chilling effect: Supreme Court lifts ban on MediaOne news channel

Says views critical of govt can't be termed anti-establishment; criticises sealed cover proceedings

Independent press is vital for democracy: SC lifts ban on MediaOne

A bench of Chief Justice of India DY Chandrachud and Justice Hima Kohli said that an independent press is vital for the robust functioning of a democratic republic

National security used to deny citizens' rights: SC quashes ban on MediaOne

A bench comprising Chief Justice of India DY Chandrachud and Justice Hima Kohli stated that the government was using national security as a tool to deny citizens their legal rights

Politicians don't have higher immunity: SC on Oppn's plea on CBI, ED misuse

Senior advocate Abhishek Manu Singhvi, representing the political parties, tried very hard to convince the court to change its mind and lay down guidelines of arrest of the leaders of opposition

Surrogacy law in its current form is appropriate, govt tells SC

The law, in its current form, bans commercial surrogacy. Furthermore, it aims to regulate the surrogacy industry

Can't make separate guidelines for politicians: SC quashes plea by Oppn

Fourteen Opposition parties had filed a plea with the Supreme Court seeking a fresh set of guidelines governing the arrest, remand, and bail for politicians

Can hear through video conferencing: SC to lawyers amid rising Covid cases

India on Wednesday reported 4,435 new Covid-19 cases, the highest single-day jump since September 2022

Critical views can't be termed anti-establishment: SC lifts ban on MediaOne

The Supreme Court on Wednesday quashed the Centre's denial of security clearance to Malayalam news channel MediaOne, and pulled up the Ministry of Home Affairs for raising national security claims in "thin air" without facts. A bench headed by Chief Justice DY Chandrachud set aside the Kerala High Court order which had upheld the Centre's decision to ban the channel's telecast on security grounds. The top court said critical views of the channel against government policies cannot be termed as anti-establishment as an independent press is necessary for robust democracy. "National security claims cannot be made out of thin air, there must be material facts backing it," the bench said. The top court was hearing the plea of the news channel against the Kerala High Court's order which had upheld the Centre's decision to ban its telecast on security grounds.

SC rules on service tax on corporate guarantees, gives pvt firm relief

No service tax on corporate guarantees by parent company to subsidiaries in absence of consideration, it says

CJI approves fresh guidelines on engaging services of law clerks in SC

Chief Justice of India (CJI) D Y Chandrachud has approved fresh guidelines for engaging the services of law interns for assisting Supreme Court judges in legal research after which they will be paid a consolidated remuneration of Rs 80,000 per month. The top court has come up with a fresh Scheme for Engaging Law Clerk-cum-Research Associates on Short-Term Contractual Assignment in the Supreme Court of India. A Law Clerk will be paid a consolidated remuneration of Rs. 80,000/- per month for the assignment term and there will be no other allowances/perquisites, the apex court notification said, adding if such persons are given an extension after 12 months of the initial assignment, then a consolidated remuneration of Rs. 90,000/- per month will be paid for the extended assignment term without any other allowances or perquisites. The CIJI and other SC judges will be entitled to the services of four Law Clerks out of which the first two shall be selected mandatorily through the selectio

SC to hear plea of Congress led group on Wed for misuse of central agencies

The Supreme Court is scheduled to hear on Wednesday a plea filed by 14 parties, led by the Congress, alleging arbitrary use of central probe agencies against opposition leaders and seeking guidelines for the future. According to the list of business uploaded on the apex court website, the plea of opposition parties would be heard on April 5 by a three-judge bench headed by Chief Justice of India D Y Chandrachud. Justices P S Narasimha and J B Pardiwala are also part of the bench. The joint plea was mentioned for urgent hearing on March 24 by senior advocate Abhishek Singhvi. "I am asking for the guidelines for the future. This is a remarkable convergence of 14 parties against the misuse of the agencies, both CBI and ED," Singhvi had said, and claimed that 95 per cent cases of the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) are against the leaders of opposition parties. The senior lawyer referred to the rise in the number of cases filed by the CBI and

States responsible for implementing menstrual health schemes: Centre to SC

The Centre has told the Supreme Court that it is dedicated to improve access to menstrual hygiene for young and adolescent girls but the responsibility of providing healthcare services lies with the respective state governments as public health is a state subject. In an affidavit filed before the top court, the Health ministry said it has undertaken awareness and training programmes and made necessary resources available to girls across the country. "It is submitted that public health is a state subject and the responsibility of providing healthcare services is that of respective state governments. "The Central government and its agencies are not the implementing bodies for schemes relating to menstrual health; and it is in fact the states and their agencies which are at the forefront of enforcement of the policies," the ministry said. It submitted that the Central government is committed to improving menstrual hygiene for young and adolescent girls and to make necessary ...

Rajasthan govt to move SC against acquittal of 2008 Jaipur blasts accused

Overturning the 2019 district court verdict, the Rajasthan High Court has acquitted all the accused, Gehlot said