Page 32 - Supreme Court

SC flags concerns about ECI autonomy and 'lightning speed' CEC appointment

The SC's observations on the appointment of Election Commissioners have focused attention on one of India's most respected institutions

Prez Murmu graces valedictory function of Constitution Day organised by SC

The President of India Droupadi Murmu on Saturday delivered the valedictory address at the Constitution Day celebrations, organised by the Supreme Court of India in New Delhi

Institution thrives with time only when it functions democratically: CJI

He said that the representation of the marginalised communities must be enhanced in the legal profession

NCLT dismisses bankruptcy proceedings against GTL Infra, GTL Ltd

The court said several companies owe GTL Infrastructure money as it has made claims of Rs 13,393 crore against Aircel and others

Demonetisation: Can't put the clock back, govt tells Supreme Court

Resisting the Supreme Court's attempt to revisit the 2016 demonetisation exercise, the government said on Friday the court cannot decide a matter when no tangible relief can be granted by way of "putting the clock back" and "unscrambling a scrambled egg". The remarks by Attorney General R Venkataramani came after the apex court asked the Union government to explain whether it consulted the the Central Board of Reserve Bank of India (RBI) before undertaking demonetisation of Rs 500 and Rs 1000 denomination notes in 2016. A five-judge Constitution bench headed by Justice S A Nazeer is hearing a batch of 58 petitions challenging the demonetisation exercise. "The only submission you have made is that these are all economic issues done by experts (so) don't touch it. What is your opposition to the plea of the other side? Tell us what is your submission to counter their submissions. They said it is not in conformity with section 26 (2) of the RBI Act. "You are arguing that the objective

SC issues notice to Centre on pleas seeking recognition of gay marriage

The Supreme Court on Friday issued notice to the Centre and Attorney General R Venkataramani on two pleas by gay couples seeking a direction that their marriage be recognised under the special marriage law. A bench comprising Chief Justice D Y Chandrachud and Justice Hima Kohli heard the brief submissions of senior advocate Mukul Rohatgi before issuing the notices on the pleas. Issue notice returnable in four weeks. Liberty to serve the central agency. Notice be also issued to the Attorney General for India, the bench said. The pleas sought direction seeking recognition of the marriage of two gay couples under the the Special Marriage Act. One plea was filed by gay couple Supriyo Chakraborty and Abhay Dang who live in Hyderabad. The second plea was filed by gay couple Parth Phiroze Mehrotra and Uday Raj. They seek a direction that the right to marry a person of one's choice be extended to persons belonging to LGBTQ (lesbian, gay, bisexual, and transgender and Queer). The plea sa

SC stays Calcutta HC order of CBI probe WBSSC teachers' recruitment scam

The Supreme Court on Friday stayed the Calcutta High Court orders directing CBI investigation into filing of an application by the West Bengal Central School Service Commission (SSC) in a case related to the teachers' recruitment scam. A bench comprising Chief Justice D Y Chandrachud and Justice Hima Kohli also stayed the part of the order by which the single-judge bench of the high court had summoned West Bengal Principal Secretary Manish Jain before it Friday in relation to the filing of the fresh application by the West Bengal Central SSC. "Presently, when I am arguing here, the principal secretary is in the dock before the high court," senior advocate A M Singhvi, appearing for the state government, told the bench. "There shall be a stay on the high court orders," the CJI said and listed the plea of the state government after three weeks. On November 23, the high court had ordered the CBI probe into filing of a benami application' and had asked the central agency to investigate

West Bengal recruitment scam: SC stays Calcutta HC order of CBI probe

The Supreme Court on Friday stayed the Calcutta High Court orders directing CBI investigation into filing of an application by the West Bengal Central School Service Commission (SSC) in a case related to the teachers' recruitment scam. A bench comprising Chief Justice D Y Chandrachud and Justice Hima Kohli also stayed the part of the order by which the single-judge bench of the high court had summoned West Bengal Principal Secretary Manish Jain before it Friday in relation to the filing of the fresh application by the West Bengal Central SSC. "Presently, when I am arguing here, the principal secretary is in the dock before the high court," senior advocate A M Singhvi, appearing for the state government, told the bench. "There shall be a stay on the high court orders," the CJI said and listed the plea of the state government after three weeks. On November 23, the high court had ordered the CBI probe into filing of a benami application' and had asked the central agency to investigate

Selective decisions

Parliament the best arbiter of EC appointment

Bull-taming sport 'jallikattu' leads to injuries, deaths: Petitioners to SC

Bull-taming sport "jallikattu" leads to injuries and even fatalities of animals as well as humans and something that involves cruelty cannot be allowed, the Supreme Court was told on Thursday. Jallikattu, also known "eruthazhuvuthal", is a bull-taming sport played in Tamil Nadu as part of the Pongal harvest festival. Some of the petitioners, who have challenged a Tamil Nadu law allowing "jallikattu", argued in the court that perpetuating cruelty cannot be permitted and one cannot have a provision that is destructive of the purpose of a legislation like the Prevention of Cruelty to Animals Act. A five-judge Constitution bench headed by Justice K M Joseph commenced hearing arguments on a batch of petitions challenging the Tamil Nadu and Maharashtra laws allowing "jallikattu" and bullock-cart races. "The first issue is, what was the purpose of the legislation and therefore, can you have provisions which are destructive of the purpose....," senior lawyer Sidharth Luthra, appearing for

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SC questions tearing hurry in appointment process of EC Arun Goel

The Supreme Court on Thursday questioned the "haste" and "tearing hurry" in appointing Arun Goel as Election Commissioner. The Centre vehemently resisted the observations, with Attorney General R Venkataramani saying the whole issue pertaining to the appointment of Goel be looked into its entirety. At the outset, a five-judge Constitution bench headed by Justice K M Joseph perused the Centre's original file pertaining to Goel's appointment as EC, and said, "What kind of evaluation is this? Although, we are not questioning the merits of Arun Goel's credentials but the process." As the bench questioned the "lightning speed" with which Goel was appointed as an EC and also that his file did not even move within departments for 24 hours, the Centre through Venkataramani vehemently urged the bench not to make observations without looking into the entire issue pertaining to the appointment process. During the hearing, lawyer Prashant Bhushan attempted to make submissions before the bench

SC to form constitution bench on issues related to polygamy, nikah-halala

Supreme Court agreed to form a constitution bench to conduct proceedings on pleas related to polygamy and nikah-halala

Lanka court summons Gotabaya over presidential pardon to murder convict

Sri Lanka's ousted President Gotabaya Rajapaksa was issued a notice by the Supreme Court on Thursday over a presidential pardon granted by him to a former lawmaker of his party who was convicted in a murder of a party colleague in 2011. Rajapaksa, who pardoned Duminda Silva-- a former parliamentarian from his Sri Lanka Podujana Peramuna (SLPP) party, has been issued a second summons since he left office in July this year. Silva who was sentenced to death in 2017 for involvement in the 2011 murder of a party colleague and ex-MP, Bharatha Lakshman Premachandra, and four others, was freed in June 2021 after Rajapaksa granted him a presidential pardon. However, the Supreme Court in May this year quashed the pardoning and ordered Silva to be arrested again. He is expected to appear as a respondent before the Supreme Court on December 16 for the hearing of a fundamental rights petition filed by Premachandra's wife and daughter. Similarly, in mid-October, the highest court issued a summo

RTI portal to help people access information about SC operationalised

A portal for filing RTI applications to help people access information about the Supreme Court was operationalised on Thursday. At the outset of the hearing, the CJI, who was sharing the bench with Justices Hima Kohli and J B Pardiwala, said the portal will start functioning soon. Before we start with the mentioning (of cases), I wanted to say that the RTI portal is ready. It will start working in 15 minutes. In case, there are some problems, please bear with us. If there is some problem, get back to me...I will be more than happy to look into it, the CJI said. The bench headed by the CJI had been hearing a plea filed by law students Akriti Agarwal and Lakshya Purohit seeking a mechanism to file RTI applications online in the apex court. Earlier, the CJI, while hearing the PIL on November 11, had said that the portal was "practically ready" for launch. The online portal will streamline responses of the Supreme Court under the Right to Information Act. Earlier, RTI applications wi

EC appointment case: 'Hold your mouth', Centre's lawyer tells the SC

The Supreme Court questioned the "haste" and "tearing hurry" in appointing Arun Goel as Election Commissioner

SC says EC Goel's file cleared in 'haste'; AG asks court to hold its mouth

The Supreme Court on Thursday questioned the process adopted for appointing Arun Goel as an Election Commissioner (EC), and said his file got clearances in "haste" and with "tearing hurry". As the apex court observed that the file pertaining to Goel's appointment was cleared with "lightning speed", the Centre through Attorney General R Venkataramani asked the court to "hold its mouth" and requested it to look into the matter in its entirety. "What kind of evaluation is this? Although, we are not questioning the merits of Arun Goel's credentials but the process," a five-judge Constitution bench headed by Justice K M Joseph said. The top-most law officer told the bench, which was making a volley a comments on the issue, "Please hold your mouth for a while. I request to look into the issue in entirety". It perused the original file of Goel's appointment as an EC, which was placed before the bench by the Centre in pursuance of Wednesday's direction given by the top court. The bench sa

EC shouldn't be a 'yes man' of govt and should act independently, says SC

A five-judge constitution bench emphasised that the appointment of the chief election commissioner and the election commissioners should be 'procedure-based and transparent'

SC asks state commissions to frame regulations to determine power tariff

Supreme Court directed all state regulatory commissions to frame regulations under Section 181 of the electricity act on the terms and conditions for the determination of tariff within three months

SC dismisses Tata Power's appeal against MERC awarding project to Adani

After several power outages in Mumbai, the MERC in 2013 gave its approval to the detailed project report of the Aarey-Kudus electricity transmission project of Reliance Energy