Page 3 - Supreme Court

Reformative to retributive justice

Two contradictory court judgments this week raise an uncomfortable question: Has the judiciary, from the trial court to the Supreme Court, moved from a reformative institution to a retributive one?

SC dismisses PIL seeking declaration of all animals as legal entities

The Supreme Court has dismissed a PIL seeking declaration of all animals as legal entities having rights like any living person. A bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala dismissed the PIL saying "we find that the prayer sought in the writ petition cannot be granted by this court in its extraordinary jurisdiction under Article 32 of the Constitution of India." "The writ petition is, accordingly, dismissed," it added. The PIL filed by the NGO People's Charioteer Organisation said that of late cases of cruelty towards animals have come to light which have raised questions as to how humans have absolutely no respect for animals' lives and how can they be absolutely devoid of sympathy. "Such incidents have further enraged many and made one ponder as to whether the laws in existence are sufficient enough to protect animals from possible abuse and cruelty," the plea said, while referring to various incidents of cruelty in various states. It so

Judiciary vs govt: The more things change, the more they remain the same

The problem, as many experts have pointed out, lies with the power of judicial review. The judiciary has invested it to mean absolute judicial supremacy, while the govt begs to differ

PM Sharif orders withdrawal of review petitions against senior SC judge

Pakistan Prime Minister Shehbaz Sharif on Thursday announced that his government will withdraw a case against a Supreme Court judge as differences among the judges of the superior judiciary sharpened over the issue of taking cognizance of political cases. Justice Qazi Faez Isa, who is the senior-most judge after the Chief Justice, has been facing challenges since the government of Imran Khan filed a case, called reference, against him in May 2019 for allegedly not disclosing assets owned by his family in London. The prime minister tweeted that he had directed Law Minister Azam Nazir Tarar to withdraw the curative review reference filed against Justice Qazi Isa, observing that the action was taken by the previous government on "flimsy" and "baseless" grounds. "On my direction, the government has decided to withdraw the Curative Review Petition against the senior-most Judge of the Supreme Court, Justice Qazi Faez Isa. The Curative Review was based on ill-will & meant to harass &

SC expresses concern on sewage treatment, waste discharged into rivers

The Supreme Court has expressed concern over the treatment of sewage generated in villages, towns and cities and said untreated waste is discharged into rivers and rivulets polluting the very sources of water upon which the survival of the population and bio diversity depends. The top court asked the National Green Tribunal (NGT) to ensure that an accountable mechanism is set up in Uttar Pradesh to take stock of the performance of the sewage treatment plants (STPs), providing for adequate funds for upgrade and maintenance as required and for attending to all other administrative issues and problems. The Uttar Pradesh government said that total sewage generated in the state is 5500 MLD, which is one of the highest in the country and 100 per cent treatment of sewage in the state would be done by June 2025. A bench of Chief Justice DY Chandrachud and justices PS Narasimha and JB Pardiwala passed the order after hearing an application of Uttar Pradesh government seeking more time to ...

SC seeks response of J-K HC registry on plea alleging favouritism

The Supreme Court has directed the Registrar General of the Jammu and Kashmir High Court to file its response to a plea which alleged that relatives of former judges and staff were favoured in the appointments in judicial institutions and courts in the Union territory. A bench headed by Chief Justice D Y Chandrachud initially suggested to a counsel, representing petitioner NGO 'Jammu and Kashmir People's Forum, that it should approach the high court with the plea. However, the CJI, after confabulating with Justices P S Narasimha and J B Pardiwala, decided to hear the plea in the apex court itself and asked the counsel for the high court to file a response within four weeks. On the request of the counsel appearing on behalf of the High Court of Jammu and Kashmir, time for filing the counter affidavit is extended by a further period of four weeks. The counter affidavit shall be filed by the Registrar General of the High Court of Jammu and Kashmir after specifically taking instructions

Law panel recommends amending Code of Civil Procedure to remove anomaly

The Law Commission has recommended amendment to a sub-rule of Code of Civil Procedure to remove an anomaly for the convenience of courts, lawyers, litigants, and the general public. The report "Urgent need to amend Rule 14 (4) of Order VII of the Code of Civil Procedure, 1908" was submitted to the government earlier this week. In its 18-page report, the Commission, headed by Justice Ritu Raj Awasthi (retd) pointed out that in sub-rule (4) of Rule 14 of Order VII, mention is made of the cross- examination of the plaintiff's witnesses. The words "plaintiff's witnesses" mentioned in sub-rule (4) of Rule 14 of Order VII require to be corrected as "defendant's witnesses", it said. "A plaintiff cannot, except as provided in Section 154 of the Evidence Act, put questions which might be put in cross-examination to his own witnesses. "Sub-rule (3) of Rule 1 of Order XIII also makes the position clear when the expression "cross- examination of the witness of the other party" is employed .

SC asks Maha to file affidavit on plea for CBI probe in Palghar lynching

The Supreme Court has told the Maharashtra government why it should order for a CBI probe into the alleged lynching of three persons in Palghar in 2020 when the state has no objection to such an investigation. The court asked the Maharashtra government to file an affidavit to this effect. "Why should we pass the order that you (Maharashtra) give it to CBI," a bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and J B Pardiwala told the counsel for the Maharashtra government on Wednesday when he said the state has no objection to the submissions of the petitioners that the case be probed by the central probe agency. Earlier, the erstwhile Maha Vikas Aghadi (MVA) government had opposed the plea for CBI probe into the case. However, with the change in government, the stand has changed as well and the counsel for the state told the bench that it was agreeable to the CBI probe. The bench then asked the state government to file an affidavit to this effect and post

For some politics is based on hate, says Kapil Sibal over SC observations

A day after the Supreme Court observed that hate speeches will end when politicians stop using religion in politics, Rajya Sabha MP Kapil Sibal on Thursday said it was like "asking for the moon" as for some people politics is based on hate. The Supreme Court on Wednesday took serious exception to hate speeches, saying these will end the moment politics and religions are separated and politicians stop using religion in politics. Sibal said on Twitter, "Supreme Court: Hate speech will stop 'the moment politics and religion are segregated'. Asking for the moon!" "Remember: 1) Advaniji's Rath Yatra 2) RSS chiefs shamshan-kabristan comments (2018) 3) Goli Maro(2020) speech etc. For some politics is based on hate!" the former law minister and noted advocate said. A bench of justices KM Joseph and BV Nagarathna referred to speeches of former prime ministers Jawaharlal Nehru and Atal Bihari Vajpayee, saying people from remote areas and every nook and corner used to gather to hear ...

TMS Ep400: SC on bank frauds, rising interest rate, markets, municipal bond

Why did RBI fail to convince SC on bank frauds? What should borrowers do amid rising interest rates? Which sectors should you bet on in FY24? What are municipal bonds? All answers here

SC permits Centre to issue directions on fumigation of aircraft in country

The Supreme Court on Wednesday permitted the Centre to issues directions on fumigation of aircraft in pursuance of the recommendations of a high-powered panel on the issue and keeping in mind the health and safety of passengers and crew members. A bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and J B Pardiwala took note of the submissions of Additional Solicitor General Aishwarya Bhati that the Ministry of Civil Aviation has accepted the recommendations of the panel on disinsection of aircraft before taking off and landing. "Since the matter engaged the attention of the central government which has accepted the recommendation of the high-powered committee. We now permit the Union government to issue the directions in this regard keeping in mind the health and safety of passengers and crew members of aircraft," the bench ordered while disposing of the plea filed by Interglobe Aviation Ltd. The firm has been engaged in the work of fumigation of aircraft at

SC allows Centre's plea seeking Rs 5,000 cr from SEBI-Sahara fund

The Supreme Court on Wednesday allowed a plea by the Centre seeking allocation of Rs 5,000 crore out of Rs 24,000 crore deposited by the Sahara group with market regulator Sebi to repay its depositors. The direction came on an application filed by the Centre in a PIL by a person, named Pinak Pani Mohanty, who sought a direction to pay the amount to the depositors who invested in several chit fund companies and Sahara credit firms. A bench of Justices MR Shah and CT Ravikumar said the amount shall be disbursed to depositors duped by the Sahara group of cooperative societies. The entire process will be monitored by former apex court judge Justice R Subhash Reddy, the bench said. The Centre had sought money from the SEBI-Sahara Sahara-Sebi escrow account that was formed after the top court in August 2012 directed two Sahara firms -- Sahara India Real Estate Corporation Limited (SIRECL) and Sahara Housing India Corporation Limited (SHICL) -- to refund investors.

Revisiting regulations

Rules should not bypass the principles of natural justice

SC allows Centre's plea for Rs 5,000 cr from SEBI-Sahara fund for repayment

The Supreme Court allowed a plea by the Central government seeking Rs 5,000 crore allocation out of Rs 24,000 crore, which was deposited by Sahara group with the SEBI, to pay back to the depositors

Politicians use religion to their benefit which leads to hate speech: SC

The Supreme Court on Wednesday took serious exception to hate speeches and said the moment politics and religions are separated and politicians stop using religion in politics, such speeches will go away. The top court said hate speeches are being made by fringe elements and people should restrain themselves. A bench of justices KM Joseph and BV Nagarathna referred to speeches of former prime ministers Jawaharlal Nehru and Atal Bihari Vajpayee, saying people from remote areas and nook and corner used to gather to hear them. Wondering against how many people can courts initiate contempt action, the bench said why cannot the people of India take a pledge to not vilify other citizens or communities. "Everyday fringe elements are making speeches to vilify others including on TV and public forums," the bench said while hearing a contempt petition against various state authorities for failing to register FIRs against those making hate speeches. Solicitor General Tushar Mehta also pointe

SC issues notice on Delhi govt plea against appointment of aldermen by L-G

The Supreme Court on Wednesday issued notice on a plea by Delhi government challenging the appointment of 'aldermen' by the Delhi Lieutenant Governor (L-G) to the MCD

Clear final MBBS exam in 2 attempts: SC to foreign return medical students

The exams will be in accordance with the existing National Medical Council (NMC) syllabus and guidelines

Malegaon blast: SC rejects Lt Col Purohit's plea challenging HC's order

The Supreme Court has rejected Lt Col Prasad Purohit's petition challenging the Bombay High Court order dismissing his petition seeking to discharge him in the Malegaon 2008 blast case

Abjuring hate speech is fundamental requisite for maintaining harmony: SC

The Supreme Court on Tuesday said abjuring hate speech is a fundamental requisite for maintenance of communal harmony in the country, and asked the Centre what actions have been taken after the lodging of FIRs in hate speech cases. Observing that merely registering complaints is not going to solve the problem of hate speeches, it reminded the Centre on the need to take action against persons making such statements. The court made the observations after it was informed by Solicitor General Tushar Mehta that 18 FIRs have been lodged in relation to hate speeches. The top court said it had passed an order directing "suo motu" action against culprits on a certain understanding about what was happening in this country and expects the authorities to take prompt action. A bench of Justices KM Joseph and BV Nagarathna also heard the claim by advocate Nizam Pasha that 50 rallies have been conducted in Maharashtra in the last four months where hate speeches have been made. Pasha said he has

SC's fraud-tagging ruling may lengthen process for banks: UCO Bank MD & CEO

Soma Sankara Prasad believes the process of identifying an account as fradulent would be akin to that of determining wilful defaulters