Page 26 - Supreme Court

EPFO implements SC order, gives option for higher pension to those eligible

Retirement fund body EPFO has asked its field offices to provide an option for higher pension to eligible subscribers in accordance with the Supreme Court order on November 4, 2022. According to the Employees Provident Fund Organisation (EPFO) circular on December 29, 2022 the central government has directed to implement the directions in the Supreme Court order. The field offices have been directed to implement "the directions contained in para 44 (ix) of the Supreme Court judgement on November 4, 2022" within stipulated timeline and to ensure adequate publicity of the decision taken by the EPFO to implement the said directions, the circular said. Earlier in November 2022, the Supreme Court had upheld Employees Pension (Amendment) Scheme 2014. The EPS amendment of August 22, 2014 had raised the pensionable salary cap to Rs 15,000 a month from Rs 6,500 a month, and allowed members along with their employers to contribute 8.33 per cent on their actual salaries (if it exceeded the ca

Form special units to facilitate motor accident claims: SC to states

The Supreme Court has directed the states to constitute a special unit in police stations within three months to investigate and facilitate motor accident claim cases. Issuing a slew of directions, the top court said on receiving intimation about a road accident by a motor vehicle at a public place, the SHO concerned shall take steps as per Section 159 of the Motor Vehicle Amendment Act under which an Accident Information Report is to be filed to the Claims Tribunal within three months by the police. "In our view, the head of the Home Department of the State and the Director General of Police in all States/Union Territories shall ensure the compliance of the Rules by constituting a special unit in the police stations or at least at town level to investigate and facilitate the motor accident claim cases. The said action must be ensured within a period of three months," a bench of Justices S A Nazeer and J K Maheshwari said. The top court said after registering the FIR, the ...

Defending the constitutional order

In the changed political environment, India needs a process that maintains the independence and credibility of institutions

SC notice to govt on plea alleging violation in Polavaram project clearance

The Supreme Court has sought the response of the Centre and others on a plea alleging violations in environmental clearance granted to the Polavaram multi-purpose irrigation project. A bench of Justices Sanjiv Khanna and M M Sundresh issued notices to the Centre, Andhra Pradesh, Telangana and Odisha while seeking their replies. "Issue notice, returnable in the month of February, 2023," the bench said. The top court was hearing a plea filed by economist Pentapati Pullarao against an order of the National Green Tribunal which directed him to approach the apex court with his plea. The petition filed through advocate Sravan Kumar alleged that the NGT, without considering the report of the Joint Committee of the Ministry of Environment and forests, Ministry of Jal Shakti, the Andhra Pradesh Pollution Control Board and the Polavaram Project Authority (Project Proponent), has abruptly closed the case. "It is the submission of the appellant that the allegations pertaining to violations

US SC keeps pandemic-era immigration limits in place indefinitely

The Supreme Court is keeping pandemic-era limits on immigration in place indefinitely, dashing hopes of immigration advocates who had been anticipating their end this week. In a ruling Tuesday, the Supreme Court extended a temporary stay that Chief Justice John Roberts issued last week. Under the court's order, the case will be argued in February and the stay will be maintained until the justices decide the case. The limits were put in place under then-President Donald Trump at the beginning of the pandemic. Under the restrictions, officials have expelled asylum-seekers inside the United States 2.5 million times and turned away most people who requested asylum at the border on grounds of preventing the spread of COVID-19. The restrictions are often referred to as Title 42 in reference to a 1944 public health law. "We are deeply disappointed for all the desperate asylum seekers who will continue to suffer because of Title 42, but we will continue fighting to eventually end the policy

Jairam Ramesh to move SC against BJP MP Pragya Thakur over 'hate speech'

Congress leader Jairam Ramesh on Tuesday said BJP MP Pragya Singh Thakur's remarks at a function in Karnataka's Shivamogga are a clear example of hate speech and he would move the Supreme Court against her. Ramesh said he would file a case against Thakur in the apex court as the police in Karnataka would not act against the Bharatiya Janata Party (BJP) MP. Karnataka is currently being ruled by the BJP and the Assembly polls are due in the state early next year. "BJP MP Pragya Singh Thakur's remarks made in Karnataka are a clear example of hate speech and I would be moving the Supreme Court against her for making such remarks," the former Union minister told PTI. He said Thakur's remarks clearly seek to divide the society, while claiming that the local police would not act against her since the BJP is in power in the southern state. Thakur said Hindus have the right to respond to those who attack them and their dignity as she spoke about the killing of Hindu activists. She also cal

SC to hear PILs challenging laws which regulates religious conversions

The Supreme Court is scheduled to hear on January 2 a batch of pleas challenging controversial state laws regulating religious conversions due to interfaith marriage. A bench of Chief Justice DY Chandrachud and Justice PS Narasimha is scheduled to hear the PILs filed by advocate Vishal Thakre and an NGO 'Citizens for Justice and Peace'. The Supreme Court will also hear a plea by Muslim body 'Jamiat Ulama-I-Hind' which it had allowed last year to become a party to the petitions as it claimed a large number of Muslims are being harassed under these laws across the country. As per the office report uploaded on the apex court website, so far no reply has been filed by the Centre or any of the states which have been made parties to the litigation. On February 17, 2021, the top court had permitted the NGO to make Himachal Pradesh and Madhya Pradesh the parties to its pending petition by which it had challenged some controversial state laws regulating conversions due to interfaith ...

From industry icon to defaulter: How Venugopal Dhoot lost his empire

The top court's order and cash-for-loans scandal later, rocked the group across verticals; its fate now hinges on SC's ruling on bankruptcy even as the quid pro quo case involving Kocchars goes on

Court orders and govt decisions: A look back at criminal justice in 2022

Sedition, bail law, and criminal law reforms--we look at some of the major announcements for criminal justice in India

Raising judges' retirement age can benefit non-performers: Justice dept

Increasing the retirement age of Supreme Court and High Court judges could extend the years of service of non-performing judges and might have a cascading effect with government employees raising similar demands, the Department of Justice told a parliamentary panel. It also said increasing the retirement age of judges would be considered along with measures to ensure transparency and accountability in appointments to the higher judiciary. In July, Law Minister Kiren Rijiju had informed Parliament that there is no proposal to increase the retirement age of Supreme Court and High Court judges. The Department of Justice made a presentation before the parliamentary panel on Personnel, Law, and Justice that is chaired by BJP MP and former Bihar deputy chief minister Sushil Modi. The department in the Ministry of Law and Justice made the presentation that comprised details of judicial processes and reforms, including on the possibility of increasing the retirement age of High Court and .

SC issues notice to Centre on plea seeking caste-based census for OBCs

The Supreme Court has sought response from the Centre and others on a plea seeking directions for a caste-based census for Other Backward Classes (OBCs) in the upcoming Census. A bench of Chief Justice D Y Chandrachud and Justice P S Narasimha issued notices to the Centre, Ministry of Social Justice and Empowerment and others while seeking their replies. It also tagged the matter with a similar case pending before it. The top court was hearing a plea filed by advocate Krishan Kanhaya Pal who said that the governments are unable to share the benefits of the welfare schemes with all sections among backward classes due to a lack of caste-based survey and a caste-based census of the OBCs is of 'vital necessity'. The petition had contended that concrete policies cannot be formulated in the absence of concrete data. Pal had stated that despite the announcement made by the then Union Home Minister Rajnath Singh in 2018, there would be a census of the OBC population during the 2021 Censu

SC to pronounce judgment on pleas against demonetisation on January 2

The Supreme Court is scheduled to pronounce its judgment on January 2 on a batch of pleas challenging the government's 2016 decision to demonetise currency notes of Rs 1,000 and Rs 500 denominations. A five-judge Constitution bench headed by Justice S A Nazeer, who will retire on January 4, is likely to pronounce its verdict on the matter on the said date. The top court had, on December 7, directed the Centre and the Reserve Bank of India (RBI) to put on record the relevant records relating to the government's 2016 decision and reserved its verdict. The bench, also comprising justices B R Gavai, A S Bopanna, V Ramasubramanian and B V Nagarathna, had heard the submissions of Attorney General R Venkataramani, the RBI's counsel and the petitioners' lawyers, including senior advocates P Chidambaram and Shyam Divan. Calling the scrapping of the Rs 500 and Rs 1,000 currency notes deeply flawed, Chidambaram had argued that the government cannot on its own initiate any proposal relating to

Representations on lack of objectivity in collegium system received: Rijiju

The government has been receiving representations from "diverse sources" on lack of transparency, objectivity and social diversity in the collegium system of appointment of Supreme Court and high court judges with the request to improve the mechanism, Rajya Sabha was informed on Thursday. In a written reply, Law Minister Kiren Rijiju also said the government has sent suggestions for supplementing the Memorandum of Procedure for appointment of judges to the high courts and Supreme Court. MoP is a document which guides the appointment and transfer of judges in the higher judiciary. He recalled that in a bid to make the collegium system of appointments of judges "more broad-based, transparent, accountable and bringing objectivity in the system", the government brought into force the Constitution (Ninety-Ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014 on April 13, 2015. However, both the Acts were challenged in the Supreme Court which eventually .

Delhi Police questions Flipkart officials for selling acid despite SC ban

Delhi Police has questioned the officials of e-commerce firm Flipkart for allegedly selling acid on its platform despite a ban on the substance by the Supreme Court. Police on December 15 issued a notice to Flipkart after the prime accused in an acid attack on a girl in Dwarka, Delhi said he bought the substance from the e-commerce website. According to the police, the officials were questioned on Wednesday and they are not satisfied with the reply of the firm. The company had responded to the notice, saying that the acid was sold by an Agra-based firm. Police said whether they will be questioned again will be decided later. It may be mentioned that in furtherance of the directions of the Supreme Court in the matter of Laxmi vs Union Of India & Ors, the home ministry had issued an advisory on 'Measures to be taken to prevent acid attacks on people and for treatment and rehabilitation of survivors' on August 30, 2013. The home ministry had asked all states/Union Territories to tak

CJI constitutes committee to conduct accessibility audit of SC premises

In a bid to remove the barriers to access, Chief Justice of India D Y Chandrachud has constituted a committee headed by apex court judge Justice S Ravindra Bhat to conduct an audit of "physical and functional access" of the top court premises to make them disabled friendly. The 'Supreme Court Committee on Accessibility' has been given a broad mandate to prepare and release a questionnaire for persons with disabilities, including the apex court employees, advocates, litigants and interns, who visit the top court premises to assess the nature and extent of problems they face. According to a notice uploaded on the apex court website, the committee will prepare a report on the accessibility audit, result of the survey of persons with disability and recommendations/proposals geared towards removing the barriers to access. "The Chief Justice of India has been pleased to constitute a committee namely the 'Supreme Court Committee on Accessibility' to conduct accessibility audit of physical

Govt examining SC order on employees' pension scheme: Union minister

The government on Thursday said it is examining a Supreme Court judgement which upheld Employees' Pension (Amendment) Scheme, 2014 and allowed employees to opt for enhanced pension coverage alongside their employers in four months' time. "Yes, sir. The directions of the Supreme Court in the judgment are under examination," Minister of State for Labour & Employment Rameswar Teli said in a written reply to Rajya Sabha. Teli was replying to a question on whether the government is aware about the Supreme Court verdict of November 4 on EPF pension scheme and by when it will implement the verdict and instruct the EPFO (Employees Provident Fund Organisation) to take actions for giving higher pension. In another written reply, Teli said the court judgement has legal, financial, actuarial and logistical implications. The scheme has provided for an extension of four months' time for eligible employees to opt for enhanced pension. The apex court order provides that employees who were ...

Hemant Gupta appointed New Delhi International Arbitration Centre chairman

Former Supreme Court judge Hemant Gupta has been appointed as the chairperson of New Delhi International Arbitration Centre (NDIAC), according to a Personnel Ministry order. The NDIAC has been established for the purpose of creating an independent and autonomous regime for institutionalised arbitration. The Appointments Committee of the Cabinet has approved the appointment of Justice Hemant Gupta (R) as NDIAC chairperson and that of Ganesh Chandru and Anant Vijay Palli as its part-time members, the order said.

SC rebukes UP govt over inordinate delay in filing plea against HC decision

The Supreme Court has rebuked the Uttar Pradesh government over an inordinate delay of 1,173 days in filing a petition against a judgement of the Allahabad High Court and that too with "incorrect particulars", saying a State litigation cannot be taken "so casually". While rejecting the plea with a cost of Rs 1 lakh, the apex court said it has no doubt that such matters are filed in a "cursory manner" so the petitions are dismissed. It also chastised the state government over the "casual manner" in which the application seeking condonation of delay was filed. "We are left with no doubt that such matters are filed in a cursory manner to somehow seek a certification of dismissal by the Supreme Court. We thoroughly disapprove such a practice and feel necessary to impose costs on the petitioners," a bench of Justices Dinesh Maheshwari and Hrishikesh Roy said. The state of Uttar Pradesh and others had challenged the May 2019 verdict of the high court which enhanced the compensation to a

Low Payments, no respect: Why quality of free legal aid in districts is bad

About 20% of legal aid counsels identified a lack of infrastructure, such as designated chambers for interacting with clients

SC directs Centre, IITs to follow quota law in recruitment of faculty

The Supreme Court has directed the Centre to follow the reservation policy for admission in research degree programmes and recruitment of faculty members at IITs as provided under the Central Educational Institutions (Reservation in Teachers' Cadre) Act, 2019. The top court was hearing a plea filed by a man named S N Pandey seeking direction to the Centre and the IITs to follow the reservation policy with regard to admissions in research programmes and recruitment of faculty members, claiming the guidelines were being violated. The matter came up before a bench of Justices M R Shah and C T Ravikumar and it was informed that the Central Educational Institutions (Reservation in Teachers' Cadre) Act, 2019 stipulates such reservation and it is being implemented. "Counsel appearing on behalf of the respondent has pointed out that now in view of the Central Educational Institutions (Reservation in Teachers' Cadre) Act, 2019, the reservation is provided with respect to all the Central ...