Page 28 - Supreme Court

Set up Pennaiyar river water dispute tribunal within 3 months: SC to Centre

The Supreme Court on Wednesday asked the Centre to constitute within three months the Pennaiyar River Water Tribunal to resolve the dispute over the sharing of water between Karnataka and Tamil Nadu

Supreme Court to examine if tariff determined under PPA can be revised

The Supreme Court on Wednesday sought the response of Tata Power to an appeal filed against the Andhra Pradesh High Court order which held that tariff determined under long-term Power Purchase Agreement (PPA) cannot be revised by a State Electricity Regulatory Commission. A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha issued notice to Tata Power Renewable Energy Limited on the appeal filed by Andhra Pradesh Southern Power Distribution Company Limited. "Issue notice returnable on February 10, 2023. Short written notes of submissions, if any, be filed in the meantime," the bench said. The power distribution company has in its plea filed through advocate Mahfooz A Nazki said the finding of the high court is ex facie (on the face of it) contrary to the specific provisions of the Electricity Act. "The High Court has erred in not appreciating that a PPA is not a contract simpliciter as envisaged under the Indian Contract Act, 1872 but is a regulated contract .

Bilkis Bano plea: SC refuses submissions seeking early setting up of bench

The Supreme Court on Wednesday refused to entertain submissions seeking early setting up of a fresh bench to hear Bilkis Bano's plea challenging the remission of sentence of 11 convicts by the Gujarat government in her gangrape case. A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha was urged by lawyer Shobha Gupta, appearing for Bano, that another bench should be constituted to hear the case. "The writ (petition) will be listed. Please, do not keep mentioning the same thing again and again. It is very irritating," the CJI said. The lawyer said that though the petition was listed Tuesday, it was not taken up for hearing. "It will be listed. The review (plea) was also circulated yesterday," the CJI said. Meanwhile, Supreme Court judge Bela M Trivedi on Tuesday recused herself from hearing a plea filed by Bano. "List the matter before a bench in which one of us is not a member," the bench headed by Justice Rastogi ordered without specifying any reason for

Same-sex marriage: SC seeks Centre's reply on transferring pleas to itself

The Supreme Court on Wednesday sought a response from the Centre to two pleas seeking transfer to the apex court the petitions pending in the Delhi High Court seeking directions to recognise same-sex marriages. A bench comprising Chief Justice D Chandrachud and Justice P S Narasimha took note of the submissions of senior advocate Menaka Guruswamy that the pleas relate to the fundamental right to equality. Issue notice, the bench said. The bench was hearing separate transfer petitions filed by Kavita Arora and Nibedita Dutta. The top court had on November 25 taken note of two pleas by two gay couples seeking enforcement of their right to marry and a direction to the authorities to register their marriage under the Special Marriage Act. The court had also sought the assistance of Attorney General for India R Venkataramani in dealing with the two pleas. The first plea was filed by gay couple Supriyo Chakraborty and Abhay Dang who live in Hyderabad. The second petition has been file

SC refuses early set up of bench for Bilkis Bano's plea against convicts

The Supreme Court on Wednesday refused to entertain submissions seeking an early setting up of a fresh bench to hear Bilkis Bano's plea challenging the remission of sentence of 11 convicts by the Gujarat government in her gang-rape case A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha was urged by lawyer Shobha Gupta, appearing for Bano, that another bench was needed to be constituted to hear the case. The writ (petition) will be listed. Please, do not keep mentioning the same thing again and again. It is very irritating, the CJI said. Supreme Court judge Bela M Trivedi on Tuesday recused herself from hearing a plea filed by Bano. The CJI will now have to set up a fresh bench, to which Justice Trivedi will not be a part, to hear Bano's case. All the 11 convicts were granted remission by the state government and released on August 15 this year. Bilkis Bano was 21-years-old and five months pregnant when she was gang-raped while fleeing the riots that brok

SC collegium recommends 3 chief justices, 2 judges of HCs for elevation

The five judges who have been recommended by the six-member Collegium led by Chief Justice of India D Y Chandrachud for elevation as apex court judges include three chief justices and two judges of different high courts. The Collegium's recommendations, if accepted by the Centre, will raise the total number of judges in the apex court to 33 against the sanctioned strength of 34, including the CJI. The five judges whose names have been recommended are Justice Pankaj Mithal, Justice Sanjay Karol, Justice P V Sanjay Kumar, Justice Ahsanuddin Amanullah and Justice Manoj Misra. Of them, the senior-most is Justice Pankaj Mithal who took over as Chief Justice of Rajasthan High Court on October 14 this year. Born on June 17, 1961, Justice Mithal is a 1982 commerce graduate from Allahabad University. He completed his LLB in 1985 from Meerut College and enrolled as an advocate in the Bar Council of Uttar Pradesh the same year. He started practising in Allahabad High Court in 1985 and served

Best of BS Opinion: GM crops will boost yields, power of 'obliquity' & more

Here is the best of Business Standard's opinion pieces for today

Shapoor Mistry lone representative on boards of family investments firms

Both firms own 18.4% stake in Tata Sons

SC judge recuses from hearing Bilkis Bano's plea against convicts' release

Supreme Court judge Bela M Trivedi on Tuesday recused herself from hearing a plea filed by Bilkis Bano, who was gang-raped and seven members of her family killed during the 2002 Gujarat riots, challenging the remission of sentence of 11 convicts in the case by the state government. As soon as a bench of justices Ajay Rastogi and Bela M Trivedi sat for the day, Justice Rastogi announced his sister judge will not like to hear the case. "List the matter before a bench in which one of us is not a member," the bench headed by Justice Rastogi ordered without specifying any reason for the recusal of justice Trivedi. Advocate Shobha Gupta, appearing for Bilkis Bano, said her only predicament is that winter vacation of the court is approaching and she wants the matter to be heard at an earlier date. The top court said that a new bench will be constituted and the matter will be taken up thereafter. Gupta told the bench that when the matter is taken up, she would like to press her applicatio

Citizenship law row: SC asks lawyers to decide issues for adjudication

The Supreme Court on Tuesday asked the counsel for the contesting parties to decide issues for adjudication in a batch of petitions challenging the constitutional validity of Section 6A of the Citizenship Act relating to illegal immigrants in Assam. A five-judge Constitution bench headed by Chief Justice D Y Chandrachud took note of the submissions of senior advocate Kapil Sibal, appearing for one of the petitioners, that the petitions needed to be segregated and the issues needed to be formulated for adjudication. The bench, also comprising justices M R Shah, Krishna Murari, Hima Kohli, and P S Narasimha, agreed to the submissions that the petitions be kept for directions on January 10 next year for issuing the directions with regard to laying down parameters for the hearing. We are going to resolve how the matters have to be segregated. We will sit together and resolve this. Just put it on after vacation, Sibal said. The counsel would segregate the cases which fall for decision .

Special board to consider 246 women Army officers for promotion: Centre

The Centre on Tuesday told the Supreme Court a special selection board has been convened from January 9 to consider around 246 women Army officers for promotion. Senior advocate R Balasubramanian, appearing for the Centre, informed a bench of Chief Justice D Y Chandrachud and Justice P S Narasimha that the special selection board-III will consider the issue of promotion of these officers. "We are seized of the matter. They are saying special selection board will be over by January 23. We will keep it after January 24," the bench noted and posted the matter for further hearing on January 30. The apex court said the respondent shall file an updated report before it setting out the results of the special selection board. The top court was hearing a plea by 34 women Army officers who have alleged junior male officers are being considered over them for promotions to perform "combat and commanding roles" in the force. While hearing the matter on December 9, the apex court had asked the

SC grants anticipatory bail to Raj Kundra, others in pornography case

The Supreme Court on Tuesday granted anticipatory bail to businessman Raj Kundra and others, including actors Sherlyn Chopra and Poonam Pandey, in connection with an FIR against them for allegedly distributing pornographic videos. A bench of Justices K M Joseph and B V Nagarathna also directed Kundra and the other accused to cooperate in the investigation. "Having heard the counsel for the parties, we are of the view that the petitioners may be granted anticipatory bail," the bench said. Senior advocate R Basant, appearing for one of the petitioners, submitted that a chargesheet has already been filed in the case and the accused are cooperating with the police in the investigation. The top court had earlier granted interim protection from arrest to Kundra in the case. Kundra had been booked under relevant sections of the Indian Penal Code, Indecent Representation of Women (Prevention) Act and Information Technology Act for allegedly distributing/ transmitting sexually explicit ...

SC slams DMRC over non-payment of Rs 4,500 crore to Reliance Infra

There are public speeches on making India an international arbitration hub but the court's order not enforced, says bench

How long can he be in jail: SC on Mishra's bail plea Lakhimpur Kheri case

While hearing a bail plea filed by Ashish Mishra, prime accused in the 2021 Lakhimpur Kheri violence incident, the SC observed that balance has to be struck between the rights of victims' and accused

SC seeks Centre's response on plea against fresh extension to ED Director

The Supreme Court on Monday sought the response from the Centre and others to a plea challenging the third extension granted to Enforcement Directorate (ED) chief Sanjay Kumar Mishra. A bench of Justices B R Gavai and Vikram Nath issued notices to the Union of India, Central Vigilance Commission and the ED director on a plea filed by Congress leader Jaya Thakur. "Issue notice returnable in six weeks," the bench said. The plea accused the central government of destroying the "basic structure" of democracy by misusing the enforcement agencies against its political opponents. "The impugned extension of tenure of Respondent No.2 (Mishra) is destroying the democratic process of our country, hence the present writ petition has been filed by the petitioner which may kindly be allowed in the interest of justice," the plea, filed through advocates Varun Thakur and Shashank Ratnoo, said. The Congress leader said the top court had passed a specific order that no further extension shall be ..

A new legislation for women's representation: The need of the hour

Bifurcating constituencies into two separate sections - each to be represented by a man and a woman respectively - can be accomplished within a few months

Where is the confrontation with the judiciary possibly headed?

The SC had declared NJAC Act unconstitutional, arguing that the primacy of the judiciary in judicial appointments was embedded in the 'basic structure' of the Constitution

Verdict is out: High Court appointments at 9-year high, shows data

At the SC, against a sanctioned strength of 34, 27 judges, including the Chief Justice of India, are working

Centre notifies appointment of Justice Dipankar Datta as SC judge

The central government has notified the appointment of Bombay High Court Chief Justice Dipankar Datta as a judge of the Supreme Court.

SC gives anticipatory bail to Amazon Prime Video India head Aparna Purohit

The Supreme Court has granted anticipatory bail to Amazon Prime Video's India head Aparna Purohit in FIRs lodged over the web series "Tandav". A bench of justices Sanjiv Khanna and M M Sundresh granted the relief after noting that Purohit has been cooperating in the investigation. "In view of the statement made, we confirm the interim order and direct that in the event of the appellant Aparna Purohit being arrested, she shall be released on bail by the arresting officer/trial court on terms and conditions to be fixed by the trial court," it said. Senior advocates Mukul Rohatgi and Sidharth Luthra, appearing for the petitioner, told the court that Purohit is cooperating in the investigation. The top court had earlier on March 5, 2021, granted interim protection from arrest to Purohit. She has been accused of inappropriate depiction of Uttar Pradesh Police personnel, Hindu deities and an adverse portrayal of a character playing the prime minister in the web series. Earlier, the ape