Page 24 - Supreme Court

Bhima Koregaon case: SC extends house arrest of Gautam Navlakha till Feb 17

On November 10, the apex court in an interim order permitted Navlakha to be placed under house arrest for a period of one month considering his health condition and old age

Joshimath: SC asks petitioner to mention PIL on Tuesday for urgent listing

The Supreme Court has asked a petitioner, who has sought the court's intervention to declare the crisis in Uttarakhand's Joshimath as a national disaster, to mention his plea Tuesday for urgent listing. A bench of Chief Justice DY Chandrachud and Justice PS Narasimha on Monday asked advocate Parmeshwar Nath Mishra, appearing for Swami Avimukteshwaranand Saraswati, who mentioned out of turn for urgent listing of the plea, to follow the process and again mention on Tuesday. "Mention again on Tuesday after following the due process when your matter is in the mentioning list", the bench said. Saraswati has contended that the incident has occurred due to large-scale industrialisation and sought immediate financial assistance and compensation to the people of Uttarakhand. The plea has also sought direction to the National Disaster Management Authority to actively support the residents of Joshimath in this challenging time. "No development is needed at the cost of human life and their ..

Find pendency of cases similar to Joshimath in SC: Delhi HC tells lawyer

The Delhi High Court on Monday asked a petitioner raising issues concerning the sinking of Joshimath in Uttarakhand to find out about the pendency of a similar issue before the Supreme Court. Lawyer Rohit Dandriyal mentioned his plea before a bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad for listing, which asked him to approach it again after enquiring about any such pendency. If there is a petition in the apex court on the same problem, shall the high and the Supreme Court both look into it? Inquire about it and then you can mention. Find out first, the bench said. Dandriyal, in his plea, has sought to direct the Centre to constitute a committee headed by a retired judge to look into the issue of the sinking of Joshimath and rehabilitate the affected families soon. Cracks have appeared in hundreds of houses of Joshimath, the gateway to some renowned pilgrimage sites, including Badrinath, Hemkund Sahib, and the international skiing destination ...

SC to hear pleas challenging validity of 1991 law on religious places

The Supreme Court is likely to hear on Monday a batch of PILs challenging the validity of certain provisions of a 1991 law which prohibit filing of a lawsuit to reclaim a place of worship or seek a change in its character from what prevailed on August 15, 1947. A bench of Chief Justice DY Chandrachud and Justice PS Narasimha has listed as many as six petitions, including those filed by former Rajya Sabha MP Subramanian Swamy, against the provisions of the law. On November 14 last year, Solicitor General Tushar Mehta, appearing for the Centre, had said that a comprehensive affidavit will be filed by the Union government dealing with various facets of the case and sought some more time to ensure that the affidavit is filed after due deliberation at various levels of the government. On the request so made, we direct that the counter affidavit be filed on or before 12 December 2022. A copy of the counter affidavit shall be circulated to the counsel for the petitioners and intervenors in

Rule of law fundamental to advancement of democracy: SC judge Maheshwari

The rule of law plays a fundamental role in advancing democracy and curbing abuse of power by any branch of government, Justice Dinesh Maheshwari of the Supreme Court said here on Saturday. He was speaking on "Democracy and Judicial Legal System at an event here. Both (democracy and legal system) are extremely significant and complementary to each other. The respect for the rule of law and a well-developed justice system are the underpinnings of a democratic society and of course a modern economy also," he said. Democracy is not only a form of government but a system and process which organizes societal lives of individuals, he added. If considered not solely as the instrument of government, but as a rule to which the entire society , including the government is bound, (then) the rule of law is fundamental in advancing democracy, Justice Maheshwari said. The rule of law resolves conflicts, fosters social interest, advances predictability, equitable treatment and respect for basic

Joshimath: No development required at cost of human life, says plea in SC

The petition seeks to provide immediate financial assistance and compensation to the people of Uttarakhand losing their houses and lands

Will send 44 judges' names within two-three days: Govt to Supreme Court

The collegium system has become a major flashpoint between the Supreme Court and the central government, with the mechanism of judges appointing judges drawing criticism from different quarters

SC seeks govt's response on petitions for recognising same-sex marriages

All pleas for same-sex marriages pending before high courts in India transferred to Supreme Court

Will stick to timelines, clear collegium recommendations: Govt tells SC

The AG reassured the bench and said he is personally looking into the 104 recommendations from High Court collegiums pending with the Centre

SC stays order for removal of encroachments from railway land in Haldwani

The Supreme Court on Thursday stayed the Uttarakhand High Court order for removal of encroachments from 29 acres of land claimed by the railways in Haldwani, calling it a "human issue" and saying 50,000 people cannot be uprooted overnight. Amid protests by residents who insist they have title to the land, a bench of Justices S K Kaul and A S Oka said a workable solution needs to be found. According to the railways, there are 4,365 encroachers on the land. Nearly 50,000 people, a majority of them Muslims, belonging to over 4,000 families reside on the disputed land. The apex court issued notices to the railways and the state government seeking their responses to a batch of pleas challenging the high court order for removal of encroachments. "Notice. In the meantime, there shall be stay of directions passed in the impugned order," said the bench, which posted the matter for further hearing on February 7. "We do believe that a workable arrangement is necessary to segregate people wh

Google likely to approach Supreme Court on Friday against CCI order

The appellate tribunal directed Google to pay 10 per cent of the penalty fees levied by the competition commission of India (CCI) as a condition for admitting its appeal for stay

Google set to challenge Android antitrust ruling at Supreme Court

The Competition Commission of India (CCI) in October fined the Alphabet Inc unit $161 million for exploiting its dominant position in the market for Android which powers 97% of smartphones in India

CBI moves SC challenging anticipatory bail granted to IT-official Karnani

CBI mentioned in the SC the plea challenging Gujarat High Court's anticipatory bail granted to Ahemdabad Additional Commissioner of Income Tax Santosh Karnani who is an accused in the corruption case

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SC stays Allahabad HC order asking UP govt to hold polls without OBC quota

The Supreme Court on Wednesday stayed the Allahabad High Court order directing the Uttar Pradesh government to hold urban local body polls without reservation for the OBCs. A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha took note of the submissions of Solicitor General Tushar Mehta, appearing for the state government, and directed that a panel appointed by the state government will have to decide the OBC quota related issues for the local bodies poll by March 31, 2023. The top court permitted the state government to appoint administrators to run the affairs of the local bodies after the expiry of the tenure of the elected representatives. It, however, said the administrators will not be empowered to take major policy decisions. The top court had earlier agreed to hear the Uttar Pradesh government's appeal challenging the high court order quashing its draft notification on urban local body elections and directing it to hold the polls without reservation f

Justice B V Nagarathna: Stickler for law who will break a glass ceiling

The lone dissenting voice in the demonetisation judgment, Nagarathna will be India's first woman CJI in 2027

SC to hear plea against removal of encroachments in Haldwani on Jan 5

The Supreme Court will hear a plea challenging the Uttarakhand High Court's plea directing the removal of encroachments from 29 acres of railway land in Haldwani on Thursday. A bench comprising Chief Justice D Y Chandrachud and Justices S A Nazeer and P S Narasimha posted the matter for hearing after advocate Prashant Bhushan mentioned the matter. Bhushan submitted that the case -- of more than 5,000 houses in Haldwani being demolished -- is similar to the matter scheduled to be heard on Thursday. The apex court agreed to tag the matter and posted the matter for hearing on Thursday. Earlier, some Haldwani residents had moved the top court on the issue. The Uttarakhand High Court on December 20 ordered the removal of encroachments from 29 acres of railway land in the town's Banbhoolpura area after giving a one week advance notice to encroachers to vacate it. Thousands of residents of Banbhoolpura had protested the removal of encroachments, saying it will render them homeless and

PM, CM do not have disciplinary control over council of ministers: SC

Prime minister or a chief minister does not have disciplinary control over the members of the council of ministers and it is not possible at all times for them to take the whip whenever a disparaging statement is made, the Supreme Court said on Tuesday. The observation by a five-judge Constitution bench headed by Justice S A Nazeer came while delivering its judgement on the issue of freedom of speech and expression of public functionaries. The Prime Minister or the Chief Minister does not have disciplinary control over the members of the Council of Ministers. It is true that in practice, a strong Prime Minister or Chief Minister will be able to drop any minister out of the Cabinet. But in a country like ours where there is a multiparty system and where coalition governments are often formed, it is not possible at all times for a Prime Minister/Chief Minister to take the whip, whenever a statement is made by someone in the Council of Ministers, Justice V Ramasubramanian, who wrote th

Can't place more restrictions on political officials' right to speech: SC

The Supreme Court on Tuesday ruled additional restrictions cannot be imposed on the fundamental right of freedom of speech and expression of high public functionaries as exhaustive grounds already exist under the Constitution to curb that right. A five-judge Constitution bench headed by Justice S A Nazeer was unanimous on the larger question with regard to putting additional curbs on freedom of speech and expression of high political functionaries. The contentious constitutional issue had cropped up following the purported statement of then Uttar Pradesh minister Azam Khan with regard to the alleged gang-rape of a mother- daughter duo on a highway near Bulandshahr in July 2016. Khan had termed the ghastly offence a "political conspiracy". On the key issue of whether the government can be held responsible and liable for the statements of an individual minister, the Constitution bench, by a 4:1 majority, ruled that the government cannot be held "vicariously" liable for the disparaging

Cinema halls, multiplexes have the right to prohibit outside food, says SC

Theatre owners have to let parents to bring food for infants and provide free drinking water to visitors