Page 5 - Supreme Court

SC forms special bench to hear pleas challenging Places of Worship Act

The three-judge bench will be led by Chief Justice Sanjiv Khanna; hearing is set for December 12

Ex-SC judge slams 2019 judgement in Ramjanmabhoomi-Babri Masjid case

Former Supreme Court judge Justice R F Nariman has criticised the top court's 2019 judgement in the Ramjanmabhoomi-Babri Masjid case, describing it as a "great travesty of justice" that did not do justice to the principle of secularism. Speaking at the First Justice A M Ahmadi Memorial Lecture on 'Secularism and the Indian Constitution', Justice Nariman, however, said the judgment had a "silver lining" as it upheld the Places of Worship (Special Provisions) Act 1991. He said the Places of Worship Act should be strictly implemented to put an end to disputes over religious places which are popping up every day across the country like "hydra heads". "In my opinion, a great travesty of justice was that secularism was not given its due by these judgements," Justice Nariman said. Justice Nariman also disagreed with the reasoning given by the court to grant the disputed land despite holding that the demolition of the mosque was illegal. "Today we find hydra heads popping all over the ...

1984 riots: CBI's reply sought on ex-councillor's plea to suspend sentence

The Supreme Court has sought a response from the CBI on a petition filed by former Congress councillor Balwan Khokhar, serving life imprisonment in a 1984 anti-Sikh riots case, seeking suspension of his life sentence. A bench of Justices J K Maheshwari and Rajesh Bindal asked Additional Solicitor General Aishwarya Bhati to get certificates from jail authorities on the convict's conduct and behaviour. Bhati told the court that Khokhar's bail was rejected on three occasions in the past. Besides Khokhar, former Congress MP Sajjan Kumar is serving life term in the case. Ex-MLA Mahender Yadav, who was sentenced to imprisonment for 10 years, died of Covid in Mandoli jail. Kumar and Khokhar have been lodged in Tihar jail since their conviction on December 17, 2018. The Delhi High Court upheld Khokhar's sentence in 2018 and overturned Kumar's acquittal by the trial court in 2013. The case is related to the killing of five Sikhs in Raj Nagar Part-I in Palam Colony in southwest Delhi on ..

SC grants bail to eight convicts in 1987 Hashimpura massacre case

The Supreme Court on Friday granted bail to eight convicts in the infamous 1987 Hashimpura case involving the massacre of 38 persons by the Provincial Armed Constabulary personnel. A bench comprising Justices Abhay S Oka and Augustine George Masih took note of the submissions of senior advocate Amit Anand Tiwari, appearing for four convicts, that they were suffering prolonged incarceration after the Delhi High Court reversed their acquittal by the trial court in the case. On Friday, senior advocate Tiwari, while representing Sami Ullah, Niranjan Lal, Mahesh Prasad, and Jaipal Singh, argued the appellants had been in jail for over six years since the high court verdict. He highlighted that the appellants were previously acquitted by the trial court and their conduct during the trial, and appeal process, was exemplary. He further contended that the reversal of the trial court's well-reasoned acquittal by the high court was based on erroneous grounds. The court took note of the ...

AgustaWestland: SC seeks CBI reply on bail plea of British national James

The Supreme Court on Friday sought the CBI's response on a plea filed by alleged middleman Christian Michel James seeking bail in the purported Rs 3,600-crore AgustaWestland scam case. A bench of Justices Vikram Nath and P B Varale issued notice to the CBI and directed it to file its reply within four weeks. "Issue notice, returnable four weeks," the bench said. The alleged scam pertains to the purchase of 12 VVIP helicopters from chopper design and manufacturing company AgustaWestland. James moved the apex court challenging the Delhi High Court's September 25 order refusing him bail in the case. James, a British national, was extradited from Dubai in December, 2018, and was subsequently arrested. The high court previously dismissed his bail application, observing there was no significant change in circumstances from the time when his earlier bail pleas were rejected. He is among the three alleged middlemen probed in the case with the other two being Guido Haschke and Carlo ...

Centre clears way for non-mineralised areas in existing mining leases

The Ministry of Mines stated that under the Mines and Minerals Act, 1957, non-mineralised areas required for ancillary activities like waste disposal can be considered part of a mining lease

Will not accept recommendations on pension hike by 10% in OROP: Govt to SC

The Centre on Thursday told the Supreme Court that it has decided not to accept recommendations for enhancing pension by 10 per cent to retired regular captains of the Army in accordance with the One Rank One Pension scheme (OROP). A bench comprising Chief Justice Sanjiv Khanna and justices Sanjay Kumar and Manmohan was apprised about the non-acceptance of recommendations on pension hike by Additional Solicitor General (ASG) Aishwarya Bhati, who appeared for the Centre. The top court was hearing an appeal of the Centre challenging an order of December 7, 2021 of the Armed Forces Tribunal (AFT) at Kochi. According to the AFT order, the central government was to take a decision on the pension payable to the retired regular captains. "We have made a decision and we have not accepted the recommendations," the ASG said. The bench then asked the counsel appearing for retired Army captains including M Gopalan Nair, who are fighting for enhanced pension, to challenge the non-acceptance of

SC eases Grap restrictions in Delhi, moves to Stage II due to improved AQI

The top court said that if AQI goes above 350. Stage-III measures will have to be immediately implemented, and if AQI crosses 400 on a given day, Stage-IV measures will have to be re-introduced

Be prepared for unwarranted remarks in politics, says SC in defamation case

One should be ready to receive all sorts of unwarranted and unnecessary compliments upon entering politics, the Supreme Court observed on Wednesday while hearing union minister L Murugan's plea in a defamation case. The apex court in September 2023 stayed the criminal defamation proceedings against Murugan on a complaint filed by Chennai-based Murasoli Trust for his alleged defamatory statements at a press conference in December, 2020. Murugan, union minister of state for Information and Broadcasting, moved the top court challenging the September 5, 2023 order of the Madras High Court, which refused to quash the defamation proceedings. When the matter came up for hearing on Wednesday before a bench of Justices B R Gavai and K V Viswanathan, it asked his counsel, "Are you willing to make a statement that you had no intention to defame?" The counsel appearing for the trust said that persons holding office had to be responsible. "Free speech issues, you have to have breathing space,"

On the face of it you are a corrupt person: SC to Partha Chatterjee

"On the face of it you are a corrupt person. Crores of rupees were recovered from your premises," the Supreme Court on Wednesday told former West Bengal minister Partha Chatterjee, held in an alleged cash-for-job scam in the state. A bench of Justices Surya Kant and Ujjal Bhuyan, which reserved its verdict on the bail plea of Chatterjee, questioned the enforcement directorate (ED) over his continued incarceration saying he cannot be kept inside for an indefinite period. "On the face of it you are a corrupt person. Crores of Rupees were recovered from your premises. What message do you want us to send to society? That corrupt person can get bail like this?" the bench told senior advocate Mukul Rohatgi, appearing for Chatterjee. Rohatgi said except for his client all other co-accused persons were granted bail in the case, the latest being a week ago. "Not everyone was a minister Mr Rohatgi. You were at the top. You can't seek parity with others. Yes, you can question the delay in ...

Illegal sand mining in rivers, beaches serious, needs to be curbed: SC

Terming illegal rampant sand mining as serious, the Supreme Court on Wednesday said such activities needed to be effectively dealt with and asked five states including Tamil Nadu, Punjab and Madhya Pradesh to provide facts and figures on the issue. The top court was hearing a 2018 PIL filed by one M Alagarsamy seeking a CBI probe into illegal sand mining in rivers and beaches in Tamil Nadu, Punjab, Madhya Pradesh, Maharashtra and Andhra Pradesh. The plea alleged that unregulated illegal sand mining wreaked "environmental havoc" and authorities concerned have allowed entities to operate without the mandatory environmental plan and clearance. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar said it needed to check whether a similar petition against the National Green Tribunal order on illegal sand mining was pending in the top court. Illegal sand mining is a serious issue and needs to be dealt with effectively, the CJI said, when advocate Prashant Bhushan, ...

SC reserves decision on Partha Chatterjee's bail plea in cash-for-jobs case

The top court in the previous hearing noted the trial, in the money laundering case related to irregularities of recruitment of primary teachers, against Partha Chatterjee, an MLA and former West

SC defers bail plea of advocate Gadling in 2016 Surjagarh mine arson case

The state sought adjournment on the ground that some documents are yet to be filed

SC rejects NGT order, says tribunals can't outsource opinion for decisions

A tribunal has to arrive at its decision by considering all facts and circumstances, and cannot outsource an opinion and base its order on it, the Supreme Court has said and rejected an NGT order. While hearing the appeals challenging a April 2021 order of the National Green Tribunal (NGT), a bench of Justices B R Gavai and K V Viswanathan said the tribunal committed a "glaring error" as it based its decision only on the basis of the report of a joint committee. "A tribunal is required to arrive at its decision by fully considering the facts and circumstances of the case before it. It cannot outsource an opinion and base its decision on such an opinion," the bench outlined. The apex court therefore set aside the NGT's order, which had held a firm guilty of violating the Environment Protection Act norms and imposed a penalty on it. The top court observed the NGT initially directed the firm's plant to be examined by the state pollution control board, which gave its findings and then

UP Gangsters and Anti-Social Activities Act appears to be draconian: SC

The Supreme Court on Wednesday observed that the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act appeared to be "draconian". The observation by a bench of Justices B R Gavai and K V Viswanathan came while it was hearing a plea filed by a man who has challenged a May 2023 Allahabad High Court order dismissing his application seeking to set aside proceedings against him pending before a district court in Kasganj in a case registered under the Act. "This Act appears to be draconian," the apex court observed. "We will consider it," the bench said while admitting the appeal. While hearing the matter in November last year, the SC had sought responses from the Uttar Pradesh government and others on the plea and said, "By way of ad-interim order, no coercive steps be taken against the petitioner qua Gangster Act." On Wednesday the petitioner's counsel said he has been booked in the case under the provisions of the 1986 Act on allegations of illegal mining in the Ganga

SC grants bail to SRS group head Anil Jindal in Rs 770 crore fraud case

The Supreme Court on Wednesday granted bail to SRS Group chairperson Anil Jindal in an alleged fraud case involving Rs 770 crore being investigated by the serious fraud investigation office. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar observed that Jindal had been in jail for the last six-and-half years and the trial in the case was yet to begin. The CJI said though the offence was grave, the fact that the accused had been in prison for so many years that too without any trial couldn't be overlooked. The bench remarked that Jindal may be granted a 10-year jail term, in case he was convicted. Imposing a slew of bail conditions, the bench directed Jindal, represented by senior advocate Maninder Singh, to surrender his passport with the trial court and provide his contact numbers to the SFIO so that his whereabouts could be ascertained by the investigating officers. The bench further asked the accused to provide details of immovable properties, bank accoun

SC to review orders barring HCs from hearing coal block allocation cases

The Supreme Court Wednesday said it would consider pleas seeking modification of its earlier orders that barred high courts from hearing appeals against trial court orders passed in cases related to alleged illegal coal block allocations. The apex court passed two orders between 2014 and 2017 restricting the accused from approaching the high court and had directed that appeals against trial court proceedings in the coal scam cases could only be filed in the top court. The intent behind the orders was to expedite trial processes by preventing delays and to stall the proceedings by the accused seeking relief in high courts. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar was considering pleas that urged it to modify the orders saying the Delhi High Court, being the appellate court, be allowed to deal with the pleas arising out of trial court orders related to coal scam cases. "Is this the stand of the CBI that everything should come to us?" the CJI asked senio

SC transfers 2 FIRs against Bengal BJP leader to CBI over 2020 clash

The Supreme Court Wednesday transferred to CBI two FIRs lodged against West Bengal BJP leader Kabir Shankar Bose pertaining to the 2020 scuffle between his security staff and Trinamool Congress workers. A bench of Justice B V Nagarathna and Justice Pankaj Mithal gave its judgment on a plea filed by Bose seeking direction for transferring the investigation into the case to CBI, an SIT or any independent agency from the West Bengal Police. "In the peculiar facts of this case a writ of mandamus is issued to the respondents to hand over the investigation papers pursuant to the two FIRs to the CBI along with all records for its completion so that if necessary, the trial may commence, and justice is done to the parties," the bench said. Bose had also sought a stay of investigation and further proceedings in FIRs lodged against him by the West Bengal Police pertaining to the alleged scuffle. In his plea, Bose had claimed that on December 6, he along with his CISF guards came under heavy .

Explained: What is the Places of Worship Act?

SC asks Dallewal to ensure farmer protests don't disrupt public convenience

Farmers have demanded MSP guarantees, Swaminathan reforms, pensions, debt waivers, the 2013 Land Act, and compensation for 2020-21 agitation deaths