Page 5 - Supreme Court

Differences between govt and judiciary possible, no clash: Kiren Rijiju

Denying any clash between the government and judiciary as speculated in the media, Union Law and Justice Minister Kiren Rijiju on Saturday contended that differences were inevitable in a democracy but they should not be construed as confrontation. The Minister inaugurated the Chief Judicial Magistrate court, Mayiladuthurai, in the presence of Chief Justice of India Justice D Y Chandrachud, Tamil Nadu Chief Minister M K Stalin and Acting Chief Justice of Madras High Court Justice T Raja here. "We have differences, but it doesn't mean there is confrontation. It sends a wrong message across the world. I want to make it clear that there is no problem between different organs of the State. There are signs of robust democratic actions, which are not a crisis," he emphasised. Pointing to some media reports of alleged differences between the government and the Supreme Court or the legislature and judiciary, the Union Minister said, "we must understand that we are in a democracy. There are .

Plea in SC against automatic disqualification upon conviction for 2 years

A plea has been filed in the Supreme Court challenging the "automatic disqualification" of lawmakers upon their conviction and being sentenced to a jail term for two years or more according to section 8(3) of the Representation of the People Act. The plea, filed by a Kerala-based social activist, said the immediate reason for approaching the apex court was a recent development related to Congress leader Rahul Gandhi's disqualification as a member of Parliament from the Wayanad Lok Sabha constituency, after he was convicted by a court in Gujarat's Surat in a 2019 criminal defamation case. The petitioner, Aabha Muralidharan, has sought a declaration that the automatic disqualification under section 8(3) of the Representation of the People Act, 1951 is ultra vires the Constitution for being "arbitrary" and "illegal". The petition has claimed that an automatic disqualification of people's representatives of elected legislative bodies restrains them from "freely discharging their duties

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SC directs all convicts released during pandemic to surrender in 15 days

The Supreme Court on Friday directed that all convicts and undertrial prisoners, who were released during the COVID-19 pandemic in a move to decongest jails, to surrender within 15 days. A bench of Justices MR Shah and CT Ravikumar said undertrial prisoners, who were released on emergency bail during the pandemic, can move for regular bail before competent courts after their surrender. "All the convicts who were released during COVID-19 pandemic after their surrender can move competent courts for suspension of their sentence", the bench said. Several convicts and undertrial prisoners, mostly those who were booked for non-heinous offences, were released during the pandemic in various states on the recommendations of high-powered committee set up in pursuant to directions of the apex court.

UAPA's objective is to deal with activities against India's integrity: SC

The Supreme Court on Friday said the main objective of the Unlawful Activities (Prevention) Act is to make powers available for dealing with activities directed against the integrity and sovereignty of India. A bench of Justice M R Shah, Justice C T Ravikumar and Justice Sanjay Karol said pursuant to the recommendation of the Committee on National Integration and Regionalisation, appointed by the National Integration Council Act on whose recommendation the Constitution (Sixteenth Amendment) Act, 1963 was enacted, the Unlawful Activities (Prevention) Act (UAPA) came into force. "It appears that the National Integration Council appointed a committee on National Integration and Regionalisation to look into, inter alia, the aspect of putting reasonable restrictions in the interests of sovereignty and integrity of India and thereafter the UAPA has been enacted. Therefore, the UAPA has been enacted to make powers available for dealing with the activities directed against integrity and ...

14 parties move SC over action of probe agencies against Oppn leaders

"We are asking for pre- and post-arrest guidelines. Today the CBI and ED are used against us," Singhvi told the court

Bad in law: SC on its 2011 verdicts on membership of banned outfits

The bench said the subsequent decisions passed by high courts pursuant to its two-judge verdicts in 2011 on membership of banned outfits are bad in law and overruled

Citizen cannot seek a right to stand up in Parliament: Supreme Court

The Supreme Court on Friday dismissed a plea seeking a direction to the Centre and others to take steps to create an appropriate system which empowers citizens to petition Parliament and seek initiation of deliberations on issues highlighted by them. A bench of Chief Justice of India DY Chandrachud and justices PS Narasimha and JB Pardiwala said that a citizen cannot seek a right to stand up in Parliament. "The reliefs which have been sought fall exclusively within the domain of Parliament. Such directions cannot be issued by this Court in the exercise of its jurisdiction under Article 32 of the Constitution. "Tushar Mehta, Solicitor General, with Ms Aishwarya Bhati, Additional Solicitor General, states, for the purpose of assisting the court, that a procedure is already in place for the receipt of petitions, which are considered by the Committee for Petitions. The petition is dismissed," the bench said. While hearing the plea on January 27, the apex court had asked advocate Rohan

Godhra train burning: SC to hear pleas of Gujarat govt, convicts on Apr 10

The Supreme Court on Friday said it will dispose of the bail pleas of several convicts serving life imprisonment in the 2002 Godhra train burning case on April 10. A bench headed by Chief Justice D Y Chandrachud took note of the submissions of Solicitor General Tushar Mehta, appearing for the Gujarat government, that he has to verify certain factual details with regard to some convicts. The bench, also comprising justices P S Narasimha and J B Pardiwala, considered the submissions of the law officer and adjourned the hearing to April 10, and said it will "dispose of" the pending bail pleas of the convicts on that day. The bench, meanwhile, extended the bail granted to one of the convicts earlier on the ground that his wife was suffering from cancer. "His wife is suffering from cancer. My consent may be recorded," said the law officer while supporting the extension of bail. Earlier on March 17, the top court had said it will hear on March 24 the appeal of the Gujarat government and

Pro-Sterlite villagers come to Delhi, demand early hearing of case from SC

Ten persons from different villages of Thoothukudi, notably Therekuveerapandiyuram and Kayaloorani, reached the Capital on Friday to articulate their grievances

Opposition parties approaching SC against 'dictatorship' of BJP: AAP

The AAP on Friday said 14 opposition parties have approached the Supreme Court against the alleged arbitrary use of central probe agencies in an attempt to raise their voice against the "dictatorship" of BJP. Senior AAP leader and Delhi minister Atishi also alleged that the BJP has become a "washing machine" which cleans all the dirt on political leaders once they join it. The AAP is among the 14 parties, led by the Congress, which approached the apex court on Friday, alleging misuse of central probe agencies against political opponents. These parties seek pre- and post-arrest guidelines to be followed by the agencies such as the CBI and the ED. The Supreme Court has agreed to hear their plea on April 5. "Approaching Supreme Court is an attempt to oppose BJP's dictatorship, misuse of central agencies by the BJP," Atishi told reporters. "BJP is a washing machine. They file cases against opposition leaders to pressure them and to poach them. Once they join BJP, all cases end. Assam

14 parties move SC against misuse of agencies; court to hear plea on Apr 5

The Supreme Court on Friday agreed to list for hearing on April 5 a plea by 14 opposition parties, led by the Congress, alleging arbitrary use of central probe agencies against political opponents. A bench headed by Chief Justice DY Chandrachud took note of the submissions of senior advocate AM Singhvi, appearing for the opposition parties such as the DMK, RJD, Bharat Rashtra Samiti and the Trinamool Congress, and said the plea would be taken up for hearing on April 5. The parties are seeking pre- and post-arrest guidelines to be followed by the central probe agencies such as the Central Bureau of Investigation and the Enforcement Directorate. "Ninety five per cent cases are against opposition leaders. We are asking for pre-arrest guidelines and post-arrest guidelines," Singhvi said. "We will list it on April 5," said the bench also comprising Justice PS Narasimha and Justice JB Pardiwala.

Mere membership of unlawful organisation a UAPA offence: SC clarifies

The Supreme Court on Friday held as bad in law its 2011 verdicts that ruled that mere membership of a banned organisation will not make a person criminal unless he resorts to violence or incites people to violence. A bench of Justices MR Shah, CT Ravikumar and Sanjay Karol, while deciding a reference made by a two-judge bench, held that mere membership of banned organisation will make a person criminal and liable to be prosecuted under provisions of UAPA. The bench said the subsequent decisions passed by high courts pursuant to its two-judge verdicts in 2011 on membership of banned outfits are bad in law and overruled. While allowing petitions of the Centre and the Assam government seeking review of the apex court's 2011 verdicts on membership of banned outfits, the court said the Union government was required to be heard when a provision enacted by Parliament is read down. The top court said the 2011 verdicts were passed while relying on American court decisions which cannot be do

SYL canal: SC tells Centre to play 'pro-active role' to resolve dispute

The Supreme Court on Thursday told the Centre that being the main arbiter in water dispute between two states, it is required to play a more "pro-active role instead of being a mute spectator" and asked the Punjab and Haryana governments to hold discussions to resolve the Satluj-Yamuna Link (SYL) canal dispute. During the hearing, the Punjab government told the top court that they have huge scarcity of water with water tables going down in the rivers and there is "no point building canals like a Taj Mahal", with no water flowing through it. The Haryana government, on the other hand, told the apex court that its people need water which comes from Punjab, which has to abide by the decree for construction of a canal in its jurisdictional area. A bench of Justices Sanjay Kishan Kaul, Ahsanuddin Amanullah and Aravind Kumar said, "We expect the endeavours of the States to sit together to still find a solution is the way forward and we call upon the States to hold meetings, not frequently

SC order on EC appointments being examined, will take apt action: Govt

The government is examining the Supreme Court's verdict on the appointment of chief election commissioner (CEC) and election commissioners and it will take "appropriate action" on it, Rajya Sabha was informed on Thursday. In a written reply, Law Minister Kiren Rijiju said the Supreme Court in its judgment of March 2 held that until Parliament makes a law in consonance with Article 342(2) of the Constitution, the appointment of the CEC and election commissioners will be made on the recommendations made by a three-member committee comprising the prime minister, chief justice of India and leader of the opposition in Lok Sabha, and in case no LoP is available then the leader of the single largest opposition party in LS. "The judgement of Supreme Court is being examined by the government and appropriate action will be taken," he said. Rijiju pointed out that the Election Commission is a permanent constitutional body established in accordance with Article 324(1) of the Constitution of .

CJI Chandrachud inaugurates yoga, recreation hall for SC registry officials

Chief Justice DY Chandrachud on Thursday inaugurated the newly created Yoga and Recreation Hall' for Supreme Court registry officials in the additional building complex of the apex court. CJI Chandrachud, who inaugurated the hall by cutting a ribbon, also played a game of carrom with Justice Ajay Rastogi and PS Narasimha and others judges. Justice Rastogi even played table tennis. In its circular, the apex court said 'Yoga and Recreation Hall' has been opened for the officers/officials of the registry on the fourth floor in the lobby between A and B blocks, additional building complex and will be open for use on all working days of the registry. It said from Monday to Saturday, the hall will be opened for three sessions with the first from 7.45 am to 8.45 am and the second from 8.45 am to 9.45 am. The third session will commence from Monday to Friday between 5.15 pm and 6.15 pm and on Saturday it will be held from 1.15 pm to 2.15 pm. "A register will be maintained at the Yoga and

SC to set up fresh bench to hear pleas against polygamy, nikah halala

Upadhyay's plea said the injury caused to the women as practice of triple-talaq, polygamy and nikah-halala is violative of Articles 14, 15 and 21 of the Constitution and injurious to public order

Live telecast attaches stricter responsibility on judges: SC to courts

The Supreme Court has said that though virtual hearings and live-telecast of court proceedings introduces transparency in the judicial system, it attaches with a stricter standard of responsibility

SC-appointed committee will be 'clean chit' panel: Cong over Adani row

The Congress Wednesday asserted that the only way to comprehensively investigate the Adani issue is through a Joint Parliamentary Committee (JPC) and claimed that the Supreme Court-appointed expert committee would be a "clean chit" panel for the government. Congress general secretary Jairam Ramesh claimed the government wants the demand for JPC to be taken back and in return it would take back the demand for apology over Rahul Gandhi's remarks in the UK. He said there was no question of an apology and the demand for JPC is non-negotiable. Addressing a press conference as the party's total questions asked under its 'Hum Adani Ke Hain Kaun' initiative reached the 100-mark, Ramesh said the party has previously posed 99 questions to Prime Minister Narendra Modi since February 5 in connection with the Adani issue. "We conclude the series with a final question asking whether you will act in national interest using the vast army of investigative agencies at your disposal," Ramesh said. T

SC to hear batch of petitions on criminalisation of marital rape on May 9

The Supreme Court on Wednesday fixed May 9 for a detailed hearing on a batch of petitions pertaining to criminalisation of marital rape. Senior advocate Indira Jaising mentioned the matter before a bench headed by Chief Justice DY Chandrachud. She told the bench that the order of arguments and common compilation in the case is ready. Solicitor General Tushar Mehta said the Centre's reply is ready and has to be vetted. "List this on May 9, 2023," the bench said. The top court on January 16 had sought a response of the Centre on a batch of petitions pertaining to criminalisation of marital rape. One of the pleas has been filed in relation to the Delhi High Court's split verdict on the issue. This appeal has been filed by Khushboo Saifi, one of the petitioners before the Delhi High Court. The Delhi High Court on May 11 last year had delivered a split verdict on the issue.