Page 33 - Supreme Court

CBIC not to file review petition in SC for restoring IGST on ocean freight

Ocean freight is the cost incurred through an agreement between two foreign parties to ship goods to India

Wrong to assume having judge in EC appointment will ensure clarity: Govt

The Centre told the Supreme Court on Wednesday it was a wrong presupposition that the mere presence of someone from the judiciary in the panel for appointment of Election Commissioners and the Chief Election Commissioner would ensure transparency and independence. A five-judge bench headed by Justice K M Joseph was told by Solicitor General Tushar Mehta, appearing for the Centre, "A presupposition that only with the presence of the judiciary, independence and fairness will be achieved, that is an incorrect reading of the Constitution. Mere presence of someone from judiciary will ensure transparency is fallacious statement." Mehta told the bench also comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar that the petitioners' proposal that a collegium-like system with the Chief Justice of India as one of the members be put in place in the absence of law for the appointment of ECs and CEC cannot be done. "This court cannot say that in the absence of law, thi

Meritocracy & reservations

Has merit become a bad word in India? For India's exceptional human resources to remain in the country, it needs to phase out all caste, community, and income-based reservations

Any 'hanky panky': SC asks for govt file on Arun Goel's appointment as EC

The Supreme Court asked the Centre on Wednesday to produce before it the file related to the appointment of Election Commissioner Arun Goel, who was appointed on November 19. A five-judge Constitution bench headed by Justice K M Joseph said it wants to know whether there was any "hanky panky" in Goel's appointment as election commissioner as he was only recently given voluntary retirement from service. The bench rejected the objections of Attorney General R Venkataramani on the court willing to see the file related to Goel's appointment while the hearing is on. Venkataramani said the court is dealing with the larger issue of appointment of ECs and the chief election commissioner (CEC) and it cannot look at an individual case flagged by advocate Prashant Bhushan. "I take serious objection to this and have my reservation to the court seeing the file amidst the hearing of a Constitution bench," he said. The bench said it started hearing the matter last Thursday and Goel's appointment

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Fresh plea in SC seeks direction to amend CrPC to stop religious conversion

A fresh application has been filed in the Supreme Court seeking direction to amend the Indian Penal Code and Criminal Procedure Code (CrPC) to stop religious conversion by "intimidation, threatening, deceivingly luring through gifts and monetary benefits". The application has been filed by advocate Ashwini Upadhyay in a pending plea, saying he submitted a detailed representation to the Union ministries of home and law and justice on August 31, 2022 on the issue of conversion. He has also sought a direction to the Centre to review the Visa Rules for religious preachers and foreigner missionaries, and Foreign Contribution Regulation Act (FCRA) rules for foreign- funded NGOs and individuals. "Petitioner submits that Hindus have become minority in many states due to religious conversion by intimidation, threatening, deceivingly luring through gifts, monetary benefits, offering other help like school admission/medical benefits and using superstition and black magic," the application, fil

Inclusion of CJI in process for appointing CEC will ensure independence: SC

The Supreme Court on Wednesday said the inclusion of the Chief Justice of India in the consultative process for the appointment of Chief Election Commissioner would ensure independence of the poll panel. The apex court was of the view that any ruling party at the Centre ''likes to perpetuate itself in power'' and can appoint a 'Yes Man' to the post under the current system. The court was hearing a batch of pleas seeking a collegium-like system for the appointment of Election Commissioners (ECs) and Chief Election Commissioner (CEC). The Centre argued that a 1991 Act ensured the Election Commission remains independent in terms of salary and tenure to its members and there is no "trigger point'' which warrants interference from the court. It said that the mechanism adopted for appointment of Chief Election Commissioner (CEC) is seniority among the election commissioners, who are appointed by convention from secretary or chief secretary level officers of the Centre and state level, ..

SC dismisses GUVNL's appeal for termination of PPA with Lanco Infratech

GUVNL had terminated the agreement for the solar power plant over the commencement of liquidation proceedings against LANCO Infratech Ltd (owner of the power plant)

Need a CEC who can even take action against prime minister, says SC

The Supreme Court on Wednesday orally observed that the need is for a Chief Election Commissioner (CEC) who can even take action against the Prime Minister

SC to have specialsed benches for criminal, tax, land issues, MACT matters

The Supreme Court will have four special benches to conduct proceedings in issues relating to criminal matters, direct and indirect tax matters, land acquisition matters and MACT

SC to hear Mumbai's Aarey colony tree felling matter on Thursday

The Supreme Court said that it will hear on Thursday the matter pertaining to the felling of trees at Mumbai's Aarey Colony, the site for a metro car shed project. A bench comprising Chief Justice D Y Chandrachud and Justices Hima Kohli and J B Pardiwala took note of the submissions of Solicitor General Tushar Mehta, appearing for the Mumbai Metro Rail Corporation Ltd (MMRCL) that there was a need to fell 84 trees. The law officer said let the tree felling committee decide on the request of MMRCL on cutting of the tree and the decision would be dependent on the order of this court. A senior advocate appearing for those opposed to felling of trees said they have also filed an interim plea. We will deal with these two IAs (interim applications) tomorrow, the bench said. The MMRCL had on August 5 this year told the apex court that no trees have been cut in Aarey colony since October 2019. On August 24, the top court had directed the MMRCL to strictly abide by its undertaking that no

Election commission needs a person like the late T N Seshan to lead it: SC

The Supreme Court on Tuesday said the Constitution has vested enormous powers on the "fragile shoulder" of the chief election commissioner and the two election commissioners and it wants a CEC of strong character like late T N Seshan. Seshan was a former cabinet secretary to the Union government and was appointed as the election commissioner (EC) on December 12, 1990 with a tenure till December 11, 1996. He completed his six-year tenure and died on November 10, 2019. A five-judge Constitution bench, headed by Justice K M Joseph, said its endeavour is to put a system in place so that the "best man" is selected as the CEC. "There have been numerous CECs and T N Seshan happens once in a while. We do not want anyone to bulldoze him. Enormous power has been vested on the fragile shoulder of three men (two ECs and the CEC). We have to find the best man for the post of CEC. The question is how do we find that best man and how to appoint that best man," the bench, also comprising justices .

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Supreme Court to set up separate special Bench to hear tax matters

Abhishek Rastogi said the Bench would be useful to expedite the matters and would also ensure that a lot of matters on the same issue were clubbed and placed in one single Bench

'Nearly 15,000 Indian students learning online from Ukraine universities'

It added that though 382 students applied for academic mobility, their applications were not accepted either by the Ukrainian university or the receiving partner university, because of various reasons

Online dashboard on mental health facilities to be set in a month: Centre

The Central government on Tuesday told the Supreme Court it will set up an online portal in a month to provide seamless information with regard to mental health facilities available in the country. A bench headed by Chief Justice D Y Chandrachud was hearing a PIL filed by lawyer G K Bansal seeking rehabilitation and COVID-19 vaccination of mentally ill people currently lodged in various hospitals and mental healthcare institutions across the country. Additional Solicitor General Madhvi Divan, appearing for the Centre, told the bench, also comprising justices Hima Kohli and J B Pardiwala, the government has invited tenders so real time information on mental health facilities right down to the district level can be displayed on the portal. The portal would be ready and functional within a period of a month, the law officer said. The bench then adjourned the hearing on the PIL and said it will be listed after a month. The top court had on September 1, 2021 passed a slew of directions

'SC was kept in dark over FIFA letters', allege state associations

FIFA made it clear to the CoA that it could not include individual football players as members of the electoral college as this would violate the FIFA statutes

SC to hear on Friday NIA's appeal against activist Anand Teltumbde bail

The Supreme Court agreed to hear on Friday an appeal by the National Investigation Agency against the bail granted to scholar-activist Anand Teltumbde in the Elgar Parishad-Maoist links case. A bench, headed by Chief Justice of India D Y Chandrachud, took note of the submissions by Solicitor General Tushar Mehta that the stay on the operation on the high court's bail order is for a week only and the matter needed urgent hearing. "We will hear it on Friday," the CJI told the law officer. The Bombay High Court had granted bail to Teltumbde last Friday in the Elgar Parishad-Maoist links case, noting that there was no evidence to show that he was an active member of the banned outfit CPI (Maoist) or had indulged in any terrorist act. Teltumbde, 73, is the third accused of the total 16 arrested in the case to be released on bail. Poet Varavara Rao is currently out on bail on health grounds, and lawyer Sudha Bharadwaj is out on regular bail. The high court, however, had stayed its bail

Delhi HC rejects Future Group's plea to terminate arbitration before SIAC

On November 17, the Supreme Court had said that it would not allow stalling of arbitrary proceedings between Future Group and Amazon before the SIAC

SC asks Guj HC to hold periodical hearings in Morbi bridge collapse

Terming the Morbi bridge collapse an "enormous tragedy", the Supreme Court on Monday asked the Gujarat High Court to take up the suo motu matter on a periodical basis