Page 34 - Supreme Court

Karnataka ready to fight border dispute with Maharashtra in SC: CM Bommai

Karnataka Chief Minister Basavaraj Bommai on Monday said that his government has made all preparations to contest the border dispute with Maharashtra in the Supreme Court. The development comes following the Eknath Shinde government in Maharashtra appointing ministers Chandrakant Patil and Shambhuraj Desai to coordinate with a legal team regarding the court case on the issue. Bommai told reporters that the state has formed a team of senior advocates to fight the case in the Supreme Court when it comes up for hearing. The team, according to Bommai, will have former attorney general Mukul Rohatgi, Shyam Diwan, former Karnataka advocate general Uday Holla and Maruti Jirale. "The team has made all preparations on how to contest the case (in the Supreme Court). Tomorrow, I will also have a video conference with these lawyers," the Karnataka chief minister said. Bommai claimed the maintainability of the case has not yet been decided yet, let alone the main petition. "Hence, we have mad

Cannot allow Bihar govt to play with people's lives: SC on fake pharmacists

The Supreme Court on Monday rapped the Bihar government for not taking action against fake pharmacists and doctors in the state, saying the court cannot permit it to play with the lives of people. A bench of justices MR Shah and MM Sundresh reserved its verdict on an appeal filed against a Patna High Court order by pharmacist Mukesh Kumar seeking action against fake pharmacists practicing in the state. The high court on December 9, 2019, had asked Kumar to give the names of fake practitioners so that necessary action could be taken against them. "It's a serious issue. It's the duty of the Bihar government to ensure that not a single hospital or pharmacy is run by the fake pharmacists in the state. We cannot let the state government play with the lives of the people," the apex court bench said. "If an untrained person administers wrong medicine or gives a wrong dosage, it will prove dangerous for the people. Who will be held responsible? In states like Bihar, the problem is not limi

Supreme Court collegium recommends transfer of Gujarat HC judge to Patna HC

The Supreme Court Collegium has recommended the transfer of Gujarat High Court judge Justice Vipul Manubhai Pancholi to the Patna High Court. As per a statement uploaded on the apex court's website on Monday, the collegium made this recommendation in its meeting held on September 29. "The Supreme Court Collegium in its meeting held on September 29, 2022 has recommended transfer of Justice Vipul Manubhai Pancholi, Judge, Gujarat High Court, to Patna High Court," the statement said. In September this year, the collegium was headed by the then Chief Justice of India Uday Umesh Lalit. Justice Lalit retired on November 8. Recently, the collegium headed by CJI D Y Chandrachud had recommended transfer of three high court judges for administrative reasons, sources said on November 18. The sources had said the collegium recommended shifting the Madras High Court Acting Chief Justice T Raja to the Rajasthan High Court, while Justice Nikhil S Kariel and Justice A Abhishek Reddy have been ...

We will have to be tough on Naxalism: Centre tells SC during a hearing

"We will have to be tough on Naxalism," the Centre told the Supreme Court on Monday during a hearing on a plea seeking an SIT investigation into an alleged massacre in a Chhattisgarh village in May 2013 which is already being probed by the CBI. Solicitor General Tushar Mehta, appearing for the Centre, told a bench of Justices M R Shah and M M Sundresh that there are organisations which send their fact-finding teams to the place of occurrence of Naxal incidents. Such fact-finding teams come out with a pre-determined conclusion faulting the security forces and then petitions are filed in the courts, he said. The bench was hearing a plea seeking the constitution of a special investigation team (SIT) comprising officers from outside Chhattisgarh to probe and prosecute the members of the combined forces for the alleged massacre in Bijapur district's Edesmeta village on May 17, 2013, in which eight people were killed. The plea has also sought a direction to pay compensation to the victim

Cong to file review petition in SC on release of Rajiv murder convicts

The Congress will file a review petition in the Supreme Court challenging the decision to release six convicts of the Rajiv Gandhi assassination case, party sources said on Monday. The petition will be filed this week, they said. "A fresh review application challenging the Supreme Court decision to release the convicts on the grounds set out in the order will be filed on behalf of the party in the next few days," a party insider said Facing criticism from the Congress, the government last week moved the Supreme Court seeking a review of its order for premature release of the convicts in the case. The Supreme Court on November 11 directed the premature release of the six, including Nalini Sriharan and R P Ravichandran, serving life term in the case. It noted that the Tamil Nadu government has recommended remission of their sentence. Besides Nalini and Ravichandran, the four others released were Santhan, Murugan, Robert Payas and Jayakumar. The top court also took into account that

Shinde govt withdraws SC plea challenging HC order on Arnab Goswami's FIRs

The Supreme Court on Monday permitted the Maharashtra government to withdraw an appeal filed by the state during the previous Uddhav Thackeray dispensation against a Bombay High Court's 2020 order suspending the probe in two FIRs filed against Republic TV editor-in-chief Arnab Goswami for allegedly making inflammatory comments. A bench comprising Chief Justice D Y Chandrachud and Justice Hima Kohli took note of the submissions of the counsel of Maharashtra that he wanted to withdraw the plea which was filed against the interim order of the Bombay High Court. The appeal against the high court order was filed in the top court when the Maha Vikas Aghadi government led by the then chief minister Uddhav Thackeray was ruling the state. It was replaced by the NDA government led by Chief Minister Eknath Shinde on June 30 after a revolt in the Shiv Sena. The order of the high court is an interim order. I have the instructions to withdraw it, the counsel for the state government told the benc

SC says Gujarat Morbi Bridge collapse incident was 'an enormous tragedy'

The Supreme Court on Monday said that the Morbi Bride collapse incident which claimed over 140 lives was an 'enormous tragedy' and asked the Gujarat High Court to hold periodical hearings

Morbi bridge collapse: SC asks Gujarat HC to monitor probe periodically

The Supreme Court on Monday asked the Gujarat High Court to periodically monitor the probe and other aspects related to the Morbi bridge collapse incident which claimed over 140 lives. A bench comprising Chief Justice D Y Chandrachud and Justice Hima Kohli said that as a division bench headed by the Gujarat High Court Chief Justice has already taken a suo motu note of the incident and has passed several orders, it will not hear the petitions as of now. It, however, permitted a PIL petitioner and another litigant, who lost his two relatives in the incident, to move the high court with their pleas seeking independent probe and award of dignified compensation to those who lost their family members. The top court also said that the petitioners may approach it later. The British-era bridge on the Machchhu river in Morbi collapsed on October 30 leaving over 140 dead including 47 children.

Congress to file review petition in SC on release of Rajiv case convicts

The Congress will file a review petition in the Supreme Court challenging the decision to release the convicts of the Rajiv Gandhi assassination case, party sources said on Monday. The petition challenging the grounds set out in the order will be filed this week, they said. The Centre has already filed a review petition in the Supreme Court against the release of the convicts.

SC seeks Centre, Delhi govt replies on plea of conman Sukesh Chandrashekhar

The Supreme Court on Monday sought response from the Centre and the Delhi government on plea of conman Sukesh Chandrashekhar seeking that he be shifted from the Mandoli jail here to any other prison in the country. A bench of Justices Ajay Rastogi and CT Ravikumar, which was hearing two separate petitions of Chandrashekhar, asked him to move a representation to jail authorities on increasing the visiting hours with his lawyers. Chandrashekhar, through his lawyer, claimed that he was assaulted in Mandoli jail, which is evident from his medical records and said that he is facing a threat to life in the prison. He said 28 cases are pending against him in six cities across the country and for that he needs to meet his lawyers for 60 minutes every day as against the 30 minutes each twice a week provided under the Delhi Prison Rules. Chandrashekhar's counsel said after his disclosure statements that Rs 10 crore was allegedly extorted by Delhi's Jail minister Satyendra Jain, he is facing

SC to hear plea seeking probe into Morbi bridge collapse on Nov 21

The Supreme Court is scheduled to hear on Monday a plea seeking the constitution of a judicial commission to probe the Morbi bridge collapse incident in Gujarat which claimed over 130 lives. A bench of Chief Justice D Y Chandrachud and Justice Hima Kohli will hear the PIL filed by advocate Vishal Tiwari, which said that the accident depicted the negligence and utter failure of the authorities. On November 1, Tiwari had mentioned the matter for urgent listing, and the top court had said it would take up the matter soon. According to reports, the death toll in the collapse of the British-era bridge on October 30 on the Machchhu river in Morbi in Gujarat has gone up to 134. "From the past decade, various incidents have taken place in our country wherein due to the mismanagement, lapse in duty, and negligent maintenance activities, there have been cases of huge public casualties which could have been avoided," Tiwari has said in his PIL. The more than a century-old bridge, located aro

Mumbai court orders release of activist Gautam Navlakha from house arrest

Gautam Navlakha, an accused in Elgar Parishad-Maoist links case, is likely to walk out of the Taloja prison in Navi Mumbai on Saturday, as a special court here issued a release memo to facilitate his month-long house arrest. The special court hearing cases related to the National Investigation Agency (NIA) issued the release memo around 2.15 pm on Saturday. On Friday afternoon, the Supreme Court had rejected the NIA's application and ordered that Navlakha be placed under house arrest "without fail" within 24 hours. The investigating agency on Saturday submitted to the special court here the compliance report about completing the release formalities of the activist, after which the court issued the release memo, which will then be mailed to the jail authorities and the Navi Mumbai police commissioner. After his release from the jail, Navlakha will be taken to premises selected for his house arrest in Navi Mumbai. The 70-year-old activist who claims to be suffering from multiple ...

SC says rising trend to scandalise courts; issues contempt notices

There is a rising "trend" to scandalise courts, the Supreme Court said on Friday while issuing contempt notices, including to two advocates, for allegedly attributing motive to a Madhya Pradesh High Court judge in a matter related to lease of fishing rights. Taking strong exception that the endeavour is to allegedly scandalise the court, the apex court said a judge is not "infallible" and may have passed a wrong order which can be set aside later, but attributing motives to the judge cannot be permitted. "There is a trend to scandalise the court which is rising," a bench of justices S K Kaul and A S Oka orally observed. "You have attributed motive to the chief justice of the high court for passing an order which may be right or may be wrong," the top court observed. The Supreme Court was hearing a plea against the order passed in August by a Madhya Pradesh High Court division bench of which its chief justice was a part. It also issued notices including to an advocate-on-record (Ao

Language of this court is English, SC tells litigant who argued in Hindi

The Supreme Court on Friday told a litigant, who appeared in person and started arguing his case in Hindi, that the language of this court is English. A bench of Justices KM Joseph and Hrishikesh Roy provided petitioner Shankar Lal Sharma, who is an elderly man, with a legal-aid counsel after finding that he was not able to understand what the court was saying. As soon as his matter was called up, Sharma started arguing in Hindi, saying that his case has travelled to different courts, including the top court, but he has not got any relief from anywhere. "We have read the case file. This is a very convoluted matter, but we are not able to understand what you are saying," Justice Joseph told Sharma. "The language of this court is English. If you wish, we can provide you a lawyer who will argue your case," the judge said. Additional Solicitor General Madhavi Divan, who was appearing in another court, rushed to the help of Sharma and translated to him what the bench was saying. After

All SC benches to hear 10 matrimonial cases, 10 bail pleas every day: CJI

Chief Justice D Y Chandrachud on Friday said the Supreme Court, in its full court meeting, has decided that all the 13 benches will hear 10 transfer petitions pertaining to matrimonial disputes and equal number of bail petitions daily in a bid to lessen the pendency of cases. At the start of the proceedings, the bench said the decision has been taken at a meeting of all apex court judges. "After a full court meeting, we have decided that each Bench will take up 10 transfer petitions, which are family matters, followed by 10 bail matters every day to dispose of all such matters before the winter vacation," the CJI said, adding bail matters needed to be given primacy as they pertained to personal liberty. The bench said as of now there were 3,000 petitions pending in the top court pertaining to matrimonial cases where parties are seeking transfer of cases to a place of their liking. The bench said if every bench takes up 10 transfer cases every day then 13 benches will be able to dec

SC refuses to entertain pleas on two-child norm for controlling population

The Supreme Court on Friday refused to entertain a batch of pleas, including one seeking steps for enforcing a two-child norm to control the rising population, saying it is for the government to look at the issue. Citing media reports about India's population stabilising despite the rise in births, the apex court said it is not an issue where the court should interfere. "Population is not something that one fine day it stops," a bench of Justices S K Kaul and A S Oka observed orally. Advocate Ashwini Kumar Upadhyay, one of the petitioners, said a report from the Law Commission on the issue is very important. Upadhyay had filed a petition in the top court challenging an order of the Delhi High Court dismissing a plea seeking certain steps, including a two-child norm, to control the rising population. After the apex court said it was not inclined to entertain the plea, he withdrew it. Besides his plea, the bench also refused to entertain some other petitions filed on the issue, ...

SC grants 4 more weeks to CBI to file reply on Subramanian Swamy's plea

The Supreme Court on Friday granted four-week extension to the Central Bureau of Investigation and Reserve Bank of India to file reply on a plea filed by BJP leader Subramanian Swamy seeking probe into the alleged role of the central bank officials in various banking scams. A bench of Justices B R Gavai and Vikram Nath said it will hear the matter after six weeks. The top court had issued notices to the CBI and ED on October 17. Swamy has alleged that the involvement of RBI officials in scams involving various entities such as Kingfisher, Bank of Maharashtra and Yes Bank had not been probed. He contended that despite playing a key role in the allocation of funds to various projects, RBI nominees have not been touched by CBI enquiries from 2000 till today. "Not a single RBI official has been brought to justice despite RBI retaining the power to monitor, regulate, supervise, audit and direct the functioning of all banking companies in India," the plea submitted. The plea also alle

SC rejects NIA plea, orders Navlakha to be placed under house arrest

The Supreme Court on Friday rejected the NIA's application and ordered social activist Gautam Navlakha to be put under house arrest within 24-hours after shifting him from Taloja jail in Navi Mumbai. Navlakha is lodged in the jail in connection with the Elgar Parishad-Maoist link case. The anti-terror probe agency had sought recall of the SC order of November 10 for placing Navlakha under house arrest, citing his links to Maoists and Pakistan's ISI. The bench of Justices KM Joseph and Hrishikesh Roy, however, ordered some additional security measures to be put in place where Navlakha will be kept.

SC issues notice on Chhattisgarh govt plea against HC order over jobs quota

The Supreme Court Friday sought response on an appeal challenging a Chhattisgarh High Court order which set aside the state government's 2012 decision to raise the quota to 58 per cent in government jobs and admissions in educational institutions. A bench of Justices B R Gavai and Vikram Nath issued notices to Guru Ghasidas Sahitya Avam Sanskriti Academy against the September 19, 2022 order of the high court. The state government, in its plea filed through advocate Sumeer Sodhi, contended that the Chhattisgarh High Court passed the order without examining the facts of the case and the figures supplied. The high court had set aside the state government's 2012 decision to raise the quota to 58 per cent in government jobs and admissions in educational institutions and held that reservation exceeding the 50 per cent ceiling is unconstitutional. The HC had delivered the verdict on petitions challenging the state government's decision to amend reservation rules in 2012. According to the

Not getting enough lawyers to serve in higher judiciary: Supreme Court

The Supreme Court on Thursday expressed disappointment over not getting enough eligible lawyers for lateral entry into higher judiciary as additional district judges across the country. Lawyers with a minimum of seven years experience can take a competitive examination for lateral into Higher Judicial Services (HJS) as ADJs. A bench headed by Chief Justice D Y Chandrachud was hearing a plea of several unsuccessful candidates of the higher judicial services (HJS) examination held recently in Rajasthan. Refusing to entertain the plea, the bench, also comprising Justices Hima Kohli and J B Pardiwala, asked the candidates to approach the high court instead. The court said it is of the considered view that such a challenge can be raised under Article 226 of the Constitution in the Rajasthan High Court. The counsel, Prashant Bhushan, submitted that the answer sheets be evaluated by a former judge... We leave it open to the petitioners to move the Rajasthan High Court. We request the Chi