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SC Declines PIL for Mahakumbh Safety Measures After Tragic Stampede

February 3, 2025, 2:02 pm

The Supreme Court called the stampede at the Maha Kumbh in Prayagraj, Uttar Pradesh, an “unfortunate incident,” but refused to take up a PIL seeking safety measures for pilgrims. The bench, led by Chief Justice Sanjiv Khanna and Justice PV Sanjay Kumar, acknowledged the incident’s seriousness but advised the petitioner to approach the High Court instead.

UP Government’s Stance on the Issue

Mukul Rohatgi, representing the Uttar Pradesh government, informed the court that a judicial commission had already been set up to investigate the stampede. He also pointed out that a similar petition had been filed in the Allahabad High Court, urging the bench to direct the lawyer to address the matter there.

PIL’s Key Demands

The PIL, filed by advocate Vishal Tiwari, asked for measures to prevent VIP movements from compromising the safety of common devotees. It also sought ample space for pilgrims to enter and exit the event safely. The petition urged the Uttar Pradesh government to submit a status report on the January 29, 2025 stampede and take legal action against those responsible for negligence.

Tragic Outcome of the Stampede

The petition highlighted the stampede as a result of administrative failures. At least 30 people died, and over 60 were injured in the early-morning incident in the Sangam area.

Safety Measures for Future Pilgrims

The PIL called for better safety information for pilgrims. It recommended establishing facilitation centers with clear safety guidelines and announcements in multiple languages. The petition also suggested using SMS and WhatsApp to send safety information to devotees. Finally, it urged the deployment of small medical teams to manage emergencies effectively.

Delhi High Court Rejects PIL for Establishing Sanatan Dharma Protection Body

November 27, 2024, 1:47 pm

The Delhi High Court has declined to entertain a Public Interest Litigation (PIL) that requested the establishment of a religious body, akin to a “Sanatan Dharm Raksha Board,” to safeguard Sanatan Dharma and its culture. The bench, led by Chief Justice Manmohan and Justice Tushar Rao Gedela, stated that the court cannot intervene in policy matters.

The petition was filed by the Sanatan Hindu Sewa Sangh Trust

The petition was filed by the Sanatan Hindu Sewa Sangh Trust, represented by Advocate Ashok Kumar. It emphasized that India is a secular nation, as explicitly stated in the Constitution. The petition argued that while the Government of India has established various bodies for followers of different religions, there is no dedicated board or government entity to protect the rights and customs of those adhering to Sanatan Dharma, also known as Hindu Dharma.

The plea expressed concerns that individuals from other religious communities are engaging in actions perceived as attacks on Sanatan Dharma, including attempts to convert its followers to other religions, which contradicts the customs and beliefs of Sanatan Dharma adherents. It asserted that since the majority of the population in India identifies with Sanatan/Hinduism, they are entitled to protection and facilities related to their religion, which have not been provided by the government for many years.

The petition further argued that the government has a legal obligation to protect the rights and customs of the Sanatan/Hindu religion. It highlighted that many temples across the country are managed by the Government of India and state governments, which collect funds from these temples. Despite this, the government has yet to create a dedicated national body to protect Sanatan/Hindu religion, underscoring the necessity for such an establishment.

Delhi HC Dismisses PIL Against Dalai Lama Over Child Kiss Controversy

July 9, 2024, 5:11 pm

The Delhi High Court on Tuesday dismissed a Public Interest Litigation (PIL) that sought action against Dalai Lama, the spiritual leader of the Tibetan people, under the Protection of Children from Sexual Offences (POCSO) Act. The PIL was filed in response to a viral video from April 2023 showing Dalai Lama kissing a child on the lips.

The plea, brought by a confederation of NGOs and Jeroninio Almeida, raised concerns about the impact of the incident on the child’s well-being and called for guidelines to protect children during spiritual gatherings. It described the incident as a violation under the POCSO Act and criticized the reactions from the Tibetan community, which cited cultural practices.

Delhi HC dismisses PIL against Dalai Lama on child kiss controversy

Read @ANI Story | https://t.co/cly4jDlv7l #DelhiHC #DalaiLama #PIL pic.twitter.com/WrX9XEAWP3

— ANI Digital (@ani_digital) July 9, 2024

In response, the bench of Justice Manmohan and Justice Tushar Rao Gedela noted that the incident had occurred one and a half years ago in public view and that Dalai Lama had issued a public apology on April 10, 2023. The court emphasized that Dalai Lama’s apology addressed the issue, and thus dismissed the PIL.

The plea highlighted broader societal indifference towards child protection and urged stricter enforcement of laws safeguarding children from sexual offences. It underscored the need for responsible behavior towards children by spiritual leaders and other figures in authority.

Dalai Lama’s apology acknowledged the controversy surrounding the incident, which sparked global debate and criticism. Despite the dismissal of the PIL, the case has drawn attention to the intersection of cultural practices, child protection, and legal accountability in spiritual contexts.

Delhi High Court : Parents Will Now Bear Bill for School ACs

May 6, 2024, 3:51 pm

The Delhi High Court recently ruled that parents must bear the cost of air conditioning in schools, considering it a facility for students akin to other fees such as laboratory charges. This decision was handed down by the division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, who rejected a public interest litigation (PIL).

The petition filed sought intervention from the Department of Education in Delhi to halt a private school from charging fees for air conditioning in its classrooms. In its May 2 judgment, the court sided against the petition, emphasizing parents’ responsibility to cover the costs of air conditioning as a service provided to students. The bench highlighted that this expense is comparable to other school fees and underscored the importance of parents considering facilities and associated costs when choosing an educational institution for their children. The judgment also stressed that burdening school management alone with the financial responsibility of providing such amenities is unfair.

In essence, the court’s decision highlights the need for parents to consider school facilities and associated expenses when selecting a school. It emphasizes that the school management cannot be solely responsible for funding such amenities. This ruling establishes a precedent where parents share the responsibility for funding additional services like air conditioning, ensuring a fair distribution of costs between educational institutions and families.

Manish Goel filed a PIL alleging that a private school in Delhi, attended by his child, imposed a monthly air conditioning fee of Rs 2,000. The petitioner argued that providing AC facilities is the school management’s responsibility, funded from the school’s resources. The Department of Education informed the bench that they were investigating the issue and awaiting an action-taken report based on multiple complaints.

The court noted that annexure P-2, a fee receipt, recorded charges for air conditioning for the 2023-24 session, suggesting that these charges were likely approved by the Department of Education. Considering the petitioner’s admission that air conditioning was provided to students, the court found no irregularity in the school’s fees. Consequently, the bench deemed the PIL not maintainable, stressing that the Department of Education was already handling the matter and awaiting the action-taken report, leading to the dismissal of the PIL.

Delhi HC dismisses plea seeking to change boundaries of UP, Punjab and Haryana

February 29, 2024, 5:20 pm

The Delhi High Court rejected a public interest litigation (PIL) petition on Thursday that called for changing the boundaries of several North Indian states, including Punjab, Uttar Pradesh, and Haryana.

The petition also sought to relocate the capitals of Haryana and Punjab, as well as their High Courts. Justices Manmohan and Manmeet Pritam Singh Arora, while dismissing the PIL, stated that courts cannot issue such directives or alter the boundaries of the country and its states.

They emphasized that this authority lies solely with Parliament and that the court cannot order a redraw of the country’s map. The petitioner, JP Singh, who represented himself before the bench, requested the respondents to merge Meerut Commissionerate, Sonepat, Faridabad, and Gurugram with Delhi. Additionally, the petitioner sought the merger of Chandigarh with Haryana.

Delhi HC requests Centre, Delhi govt to decide on linking properties to Aadhaar

December 21, 2023, 2:23 pm

In a public interest litigation (PIL) seeking to link Aadhaar with property documents, the Delhi High Court on Thursday requested that the Center, the Delhi government, and the relevant authorities make a decision. The BJP leader Ashwini Kumar Upadhyay filed a plea seeking a directive to link citizens’ movable and immovable property documents to their Aadhaar numbers. The bench of Justices Rajiv Shakdhar and Girish Kathpalia ordered the respondents to make a decision on the matter within three months. Within three months, the respondents (authorities) were asked by the court to consider the plea as representation and make a decision.

Earlier, the predecessor bench had impleaded the Ministry of Finance, Ministry of Housing & Urban Affairs, Ministry of Rural Development and Ministry of Law as parties in the matter while granting more time to the Delhi government and the Home Ministry to clear their stand on a plea. Earlier, the court, while issuing a notice to the respondents, also asked the petitioner to amend the petition and add more ministries concerned in the matter.

In order to stop corruption, the creation of black money, and benami transactions, the petitioner, BJP leader Advocate Ashwini Kumar Upadhyay, asked the federal government and the Delhi government to take the necessary action and link citizens’ movable and immovable property documents with their Aadhaar numbers.

“If the government links property with Aadhaar, it will lead to an increment of 2% in annual growth. It will clean our electoral process, which is dominated by black money and benami transactions and thrives on a cycle of large black investments, the capture of power through foul means, use of political strength to amass private wealth, all with disdain for citizens,” the plea stated.
“India has numerous legislations but fails miserably in implementing them. The Benami Transactions (Prohibition) Act, passed in 1988 was gathering dust without any action. Though the present government added more teeth to it by amending it (Benami Transactions (Prohibition) Amended Act, 2016), activities to catch benami properties are still going on slowly, stated the plea.

PIL in SC seeks judicial investigation into Parliament security breach

December 18, 2023, 5:02 pm

A lawyer has petitioned the Supreme Court to conduct an unbiased, independent investigation into the security breach in the lower house of Parliament, overseen by a retired Supreme Court judge. Two intruders broke into the Lok Sabha chamber during Zero Hour on December 13, the 22nd anniversary of the Parliament terror attack, posing a serious threat to public safety. After using their visitor passes to enter the Parliament, two men leaped from the visitors’ gallery into the Lok Sabha hall and uncorked smoke canisters, causing colored smoke to fill the building.

The petition filed by advocate Abu Sohel through advocate Shruti Bisht said that the incident has exposed a major breach in the security system of the Parliament.
The plea sought an “independent, credible and impartial” Judicial investigation under the supervision of a Retired Supreme Court Judge into the incident.

“The petition seeks judicial intervention in the matter of major security breach coinciding with the Anniversary of the 2001 Parliament attack when two men carrying smoke canisters on December 13 gained unauthorised entry into the lower house of Parliament resulting thereby a huge damage caused to the reputation of the nation in the world,” the plea stated.

During Zero Hour, two individuals, Sagar Sharma and Manoranjan D, leaped from the public gallery into the Lok Sabha chamber, unleashed yellow gas from canisters, and yelled anti-establishment slogans before being overpowered by the MPs. Neelam (42) and Amol (25) demonstrated outside the parliament in a different incident, carrying identical gas canisters. On December 14, however, all four were placed under the seven-day supervision of the Delhi Police Special Cell.

Bihar bridge collapse: PIL in the Patna High Court asking an impartial investigation

June 6, 2023, 11:06 am

An impartial investigation into the Sunday collapse of the Aguwani-Sultanganj bridge in Bihar’s Bhagalpur has been requested in a PIL that was filed with the Patna High Court. The petitioner, Manibhushan Pratap Sengar, in his writ petition, sought an independent probe instead of a departmental inquiry and action against SP Singla Company, involved with the construction of the bridge. The PIL also sought recovery of losses of thousands of crores to the exchequer due to the collapse of the bridge.
As the politics over the bridge collapse in Bihar gained momentum, state Minister and Rashtriya Janata Dal (RJD) leader Tej Pratap Yadav accused Bharatiya Janata Party (BJP) of demolishing the bridge.
“The bridge has been demolished by BJP. We are building the bridge and they are demolishing it,” Tej Pratap Yadav told reporters on Monday.
On the other hand, BJP MP Ravi Shankar Prasad demanded an audit of all under-construction bridges in Bihar after the Aguwani-Sultanganj bridge collapse.
Blaming the lack of audits, Ravi Shankar Prasad on Monday said, “This is the second time bridge has collapsed, this is a conspiracy, what was done when it collapsed the first time, what actions were taken against the company that constructed the bridge? Nitish Kumar is busy uniting Opposition, forgetting Bihar. If a bridge falls for a second time, then it is a reason to worry…I hope that all bridges under construction should be audited…”
Chief Minister Nitish Kumar ordered a probe into the collapse of an under-construction bridge in Bhagalpur and asked the officials to identify those responsible for the incident.
Nitish Kumar on Monday instructed officials to take strict action against those responsible for the “poor construction work” of the under-construction bridge over River Ganga.

SC rejects PIL for President’s New Parliament inauguration

May 26, 2023, 1:32 pm

On Friday, the Supreme Court rejected a PIL that asked for an order mandating that President Droupadi Murmu inaugurate the new Parliament building on May 28.
Jaya Sukin sought to have his PIL withdrawn because a vacation bench comprising Justices JK Maheshwari and PS Narasimha was unwilling to hear his argument. The advocate’s request to withdraw his plea was granted by the bench.

At the outset of the hearing, Justice Narasimha said to petitioner lawyer Jaya Sukin, “We do not understand why you come with such petitions but we are not interested in entertaining it under Article 32.”The PIL said Lok Sabha Secretariat violated the Constitution by not inviting the President for the inauguration.
“The statement issued by the Lok Sabha Secretariat on May 18 and invites issued by the Secretary-General, Lok Sabha, about the inauguration of the new Parliament building, is in violation of the Indian Constitution,” the PIL filed by Sukin said.

“That Prime Minister is appointed by the President and other ministers are appointed by the President on the advice of the Prime Minister. The President of India is authorized to appoint constitutional functionaries such as Governors, Judges of both the Supreme Court and high court, Comptroller and Auditor General of India, chairman and manager of the Union Public Service Commissioner, Chief Election Commissioner, Financial Commissioner, and other Election commissioners,” the plea said.

The Lok Sabha Secretariat, Union Ministry of Home Affairs, and Ministry of Law and Justice were made parties in the case.The plea stated that the respondent’s (Secretary and Union) decision was “illegal, arbitrary, high-handed, whimsical and unfair, an abuse of authority and against the principles of natural justice”.

Petition filed in Delhi HC to abolish screening process for nursery admission

May 1, 2023, 2:18 pm

A Public Interest Litigation (PIL) has been moved in Delhi High Court seeking direction to expedite the process of finalization of the Delhi School Education (Amendment) Bill, 2015, so far as it relates to the prohibition of screening procedure in the matter of admission of tiny tots at pre-primary level (nursery/pre-primary) in schools.

Plea alleges that private schools have been adopting the unethical practice of subjecting children of 3+ age to screening procedures. Petition stated that a child-friendly Bill, namely, Delhi School Education (Amendment) Bill, 2015 banning screening procedures in Nursery admission in schools is hanging between the Central and Delhi Governments for the last 7 years without any justification and against the public interest and opposed to public policy.

Petitioner NGO namely Social Jurist, A Civil Rights Group also highlights that very objective and purpose of the Delhi School Education (Amendment) Bill, 2015 is to protect tiny tots from exploitation and unjust discrimination in the matter of nursery admission in private schools which is literally defeated by delay in finalizing the same by the Central and Delhi Government and making it a law.

Petition submits that the Right to Education (RTE) Act, 2009 prohibits screening procedures in a matter of admission of a child in a school and makes it an offence punishable under the law. However, the RTE Act, of 2009 does not apply to children below 6 years of age and so does not apply to nursery class admissions.
The petitioner submits that people have a right to know why a child-friendly Bill has not seen the light of the day even after 7 years of its unanimous passing from the Delhi Assembly in 2015.

It further stated that the very objective and purpose of the Delhi School Education (Amendment) Bill, 2015 is to protect tiny tots from exploitation and unjust discrimination in the matter of nursery admission in private schools which is literally defeated by delay in finalizing the Bill by Central and Delhi Government.

Delhi HC asks Centre to reply on PIL to link assets with Aadhaar

April 17, 2023, 1:32 pm

On Monday, the Delhi High Court requested statements from many Central Government ministries that had just been added to the case as respondents in a public interest litigation (PIL) that sought to connect Aadhaar to property records.

The Ministry of Finance, the Ministry of Housing and Urban Affairs, the Ministry of Rural Development, and the Ministry of Law were consulted on the case by the bench of Justices Satish Chander Sharma and Yashwant Varma. Justice Satish Chander Sharma said that the concerns mentioned in the petition are justified while extending further time for the Delhi administration and the Home Ministry to explain their positions on the petition.

Earlier the court while issuing notice to the respondents also asked the petitioner to amend the petition and add more concerned ministries to the matter.
Advocate Manish Mohan appeared along with Additional Solicitor General (ASG) Chetan Sharma in the matter for the Centre Government.

The petitioner Advocate Ashwini Kumar Upadhyay, a BJP Leader sought direction from Centre Government and Delhi Government to take appropriate steps to link movable and immovable property documents of citizens with their Aadhaar number to curb corruption, black money generation and benami transaction.

If Government link property with Aadhaar, it will lead to an increment of 2 per cent annual growth. It will clean our electoral process, which is dominated by black money and benami transaction and thrives on a cycle of large black investments, the capture of power through foul means, use of political strength to amass private wealth, all with disdain for the citizen, stated the plea.

PIL seeks formation of Protection cell for cow safety in Delhi

March 2, 2023, 1:50 pm

The Delhi High Court on Thursday issued notice to the Government of NCT Delhi, Delhi Police, and others on a Public Interest Litigation (PIL) seeking direction to form a separate department (Cow Protection cell/unit ) for safety and protection of cows in every district of Delhi. The bench of Justice Satish Chander Sharma and Justice Subramonium Prasad on Thursday sought responses from the Ministry of Home Affairs, Delhi Government, and Delhi Police and listed the matter for May 17, 2023.

Supreme Court closes petition seeking ban on use of Zoom app

February 14, 2023, 6:57 pm

The Supreme Court of India on Tuesday, February 14, 2023 closed a petition that was filed in 2020 seeking a ban on the usage of a software application, “Zoom” over privacy and security concerns.

The bench of judges consists of Justices, Sanjiv Khanna and MM Sundresh were told by the Senior Advocate, Arvind Datar, that earlier an inter-ministerial meeting was held to assess the concerning safety features of the application. During the argument, the Senior advocate said, “Nothing really survives in this plea.”

“Your Lordship had asked us to file additional documents. There is nothing wrong with the zoom. We had an inter-ministerial meeting. They are asking to ban zoom. Why only zoom, why not Webex, Meet?” Datar argued.

However, the advocate appearing for the petitioner relied simply on the notification issued by the government stating not to use the platform. Back in April 2020, the Cyber Coordination under the Union Ministry of Home Affairs issued an advisory indicating the secure use of app by private individuals. Furthermore, the advisory also says that the platform is not for use by the Government officers for official purposes as it is not safe.

The petition which is titled Harsh Chugh vs Union of India and Ors, was drawn by Advocates Divye Chugh and Nimish Chib and it has been filed by Advocate Wajeeh Shafiq.

Joshimath crisis: Delhi HC withdraws PIL seeking creation of committees

February 7, 2023, 4:01 pm

Delhi High Court on Tuesday allowed withdrawing public interest litigation (PIL) that was seeking direction for the creation of a committee and directed representatives of all relevant ministries to look into this immediately for the affected areas of Joshimath, Uttarakhand, who work for the rehabilitation of people. The bench of Justice Satish Chander Sharma and Justice Subramonium Prasad allowed withdrawing PIL filed by lawyer Rohit Dandriyal after the State of Uttarakhand pointed out that the SC had on another occasion directed similar PIL Petitioner to approach the Uttarakhand HC since the same issue was pending before a Division Bench at Nainital.

Uttrakhand’s lawyer earlier submitted that both centre and State are seized of the matter. In order to aid the crisis NDRF and SDRF have been deployed along with that committees have been formed to look into rehabilitation and mitigation efforts.

The petitioner Rohit Dandriyal, a practising lawyer earlier stated that the construction activity done in the town of Joshimath in past years worked as a catalyst in the present scenario. By doing these activities, respondents violated the fundament right of the residents.

The plea further stated that at present the respondent has to act as a welfare state to extend modern amenable living facilities to the citizens. It is also important for the union of India to take cognizance of the plight of the people of Garhwal region of Uttarakhand and take efforts to provide the citizens with basic facilities essential to lead a dignified and respectable life.
Life in the hill town of Joshimath in Uttarakhand has been disrupted as people are losing their houses to the large cracks, they have also took to streets to demand action from the government.

MP High Court Junks Plea Alleging Illegality In Sale Of Tickets: Ind vs NZ ODI Match| ‘PIL Based On News Report Not Maintainable’

January 24, 2023, 1:51 pm

The Madhya Pradesh High Court (Indore Bench) in the case Rakesh Yadav vs. State of Madhya Pradesh and others observed and has dismissed a Public Interest Litigation plea filed before it alleging that illegality and fraud has been committed in the sale of tickets for the 3rd ODI Cricket Match between India and New Zealand which is to be played in Indore on January 24.

The bench comprising of Justice Sushrut Arvind Dharmadhikari and Justice Facts of the Case: One Rakesh Yadav had moved the High Court seeking conduct of the match under the observation of an Independent Authority/ Tribunal/Retired Justice of the High Court wherein alleging that illegality, fraud, and tax evasion which had been committed by the respondent no.2-M.P. Cricket Association through its officers.

In the said case, fraud had been committed fraud had been committed by highly influential persons with the intention to put the public exchequer at loss. It has also been submitted by him that huge black marketing of tickets had taken place as the entire 28,000 tickets were sold within three minutes.

Further, it has been claimed by him that the image of cricket has been maligned and the citizens/ sports enthusiasts have been deprived of the pleasure of watching live cricket in the stadium and while looking at the fact that the tickets are being black marketed.

The Senior counsel appearing for the State Cricket Association informed the Court that the PIL plea had been filed only on the basis of one newspaper cutting by a local eveninger being accompanied with certain unsubstantiated and irrelevant emails sent by the petitioner to the State Government alleging irregularities in the working of respondent no.2. Therefore, association also filed a balance sheet finally audited by a Chartered Accountant for showing that no financial irregularities have been committed by respondent no.2. Thus, it was also submitted before the bench that taxes have been paid to the Municipal Corporation from time to time.

The association prayed for the dismissal of the PIL plea, while questioning the credentials of the petitioner. Observations Made By Court: The court while considering the facts and circumstances the averments in the PIL plea and response submitted by the respondent, the court observed that though the petitioner claimed to be a public-spirited person, socio-political worker, sports enthusiast, etc. No document has been filed by him whatsoever to show his bonafide.

Further, it has been noted by the court that a detailed reply had been filed by the state cricket association with supporting documents to show that the taxes have been paid from time to time and by making of all the mandatory compliance.

In the said view, the court stated that the PIL plea had been for the purpose of gaining popularity and that PILs based on newspaper reporting are not maintainable. Accordingly, the court dismissed the PIL with a cost of Rs. 25K.

Delhi HC dismisses review plea questioning CJI Chandrachud appointment, finds no error in the earlier order

January 16, 2023, 12:49 pm

The Delhi High Court on Monday dismissed a review plea moved against a request dismissing a Public Interest Litigation (PIL) challenging the appointment of Chief Justice of India D Y Chandrachud.

The Division Bench of Justice Sanjeev Sachdeva and Justice Vikas Mahajan while dismissing the review plea said, the petitioner is unable to show any error apparent on the face of the record. The petition is accordingly dismissed. The court while dismissing the plea noted that this review petition is an appeal disguised as a review since the same does not fall within four corners of review.

Last week the Division bench driven by the Main Judge of Delhi High Court refused from hearing a review plea and said, we had passed the request excusing this PIL, it would be fitting if the review plea is heard by another seat. Prior Delhi High Court had named the request exposure interest prosecution and forced an expense of Rs. One lakh on the applicant Sanjeev Kumar Tiwari. The solicitor is supposed to be a leader of an association named Gram Uday Foundation.

“Present petition has only been filed only to gain publicity without there being any material,” the bench had said. The petitioner argued that the appointment of CJI Chandrachud was made in violation of the constitutional provisions. He had prayed for an immediate stay on the appointment. He additionally looked for a request by security offices to learn that the new CJI has no relations with Naxalite Christian fear-based oppressors and enemies of nationals.

On 9 November 2022, Judge DY Chanderchud was announced as the new Chief Justice of India after former judge Uday Umesh Lalit demitted office. The senior appointed authority of the High Court of India Judge D Y Chandrachud has turned into the 50th top Legal executive in the country. He will have a residency till 10 November 2024. CJI Chandrachud’s dad Judge YV Chandrachud was the sixteenth Chief Justice of India serving from 2 February 1978 to 11 July 1985. This has turned into the initial time throughout the entire existence of the legal executive that both dad and child have become CJI.

Andhra Pradesh HC suspends GO 1 till 23 January

January 12, 2023, 6:24 pm

The Andhra Pradesh High Court suspended GO 1 till 23 January and directed the government to file a counter by 20 January before the regular bench. A PIL has been filed by CPI secretary Ramakrishna challenging the GO 1. The lawyer who presented on behalf of the petitioner said that the freedom of expression and fundamental rights of the people have been preserved with the GO 1 issued. The arguments were heard by the vacation bench headed by Justice Battu Devanand.

Bihar hooch tragedy: PIL in SC seeks SIT probe

December 16, 2022, 1:59 pm

In the Supreme Court, a petition has been filed on Friday seeking an independent SIT probe in the Bihar hooch tragedy. Earlier on Friday, the plea was mentioned before a bench headed by Chief Justice DY Chandrachud and was refused to hear. “If it’s so important, you should have listed it. However important the matter is, discipline is in my court. Sorry,” CJI Chandrachud said. The plea was filed by Aryavarta Mahasabha Foundation through advocate Pawan Prakash Pathak. On Wednesday, many people in Bihar lost their lives due to the consumption of spurious liquor hooch.

PIL seeks clean drinking water, hygienic sanitary conditions in Tihar Jail, Delhi HC issues notice

December 5, 2022, 4:04 pm

A notice has been issued to Delhi Government by the Delhi High Court on a Public Interest Litigation for the resolution of the problem of the non-availability of clean drinking water in the Tihar Jail Complex.

The PIL also sought to ensure proper sanitary conditions in the jail in order to allow prisoners to carry out their daily ablutions and respond to the calls of nature in a hygienic and private manner. The bench of Justice Satish Chander Sharma and Justice Subramonium Prasad on Monday sought a response of concern authorities of the Delhi government in the matter and posted it for April 14, 2023.

The Delhi High Court Legal Services Committee (DHCLSA) filed the petition stating issues regarding lack of adequate and clean drinking water, proper sanitation and poor hygienic conditions in the Tihar Jail Complex were brought to the attention of the petitioner by a prison inmate and which resulted in the inspection of the premises of the said Jail by a Panel Counsel of the Petitioner on the instructions of the Petitioner (DHCLSA).

Depriving the inmates of Tihar Jail of basic amenities such as access to clean and adequate drinking water, sanitation, and overall hygienic environment and clean and private washrooms/toilets, is in outright violation of the Delhi Prison Rules as also the Model JailManual. Such deprivation is also in contravention of the accepted international rules and guidelines for prisoners, plea read.

Supreme Court declines to entertain PIL for evolution of Taj Mahal’s ‘real age’, ‘real history’

December 5, 2022, 2:14 pm

The iconic Taj Mahal was the subject of public interest litigation (PIL) on Monday, but the Supreme Court declined to take it on the grounds that it is not the role of the courts to judge the “real age” and “real history” of such monuments.

“Do not drag courts into everything. Can we determine what is the age of the Taj Mahal or the historical facts behind it after 400 years?” a bench of justices MR Shah and CT Ravikumar asked the counsel appearing for the Haryana-based petitioner Surjit Yadav.

Yadav’s lawyer argued that the petition’s goal was to have schools educate the “correct facts” on the monument from the 17th century.

. He added the plea seeks to determine whether the structure existed before Mughal emperor Shah Jahan got the Taj Mahal built.

But the bench remained unimpressed. “See your prayers…remove wrong facts? Who will decide what is the correct fact? Will you decide? Is it the job of a court?”

The attorney decided to drop the PIL after observing the court’s apparent lack of interest, stating that his client would prefer to make the argument to the Archaeological Survey of India.

The top court turned down Rajneesh Singh’s plea regarding the Taj Mahal in October as well. Singh is the media coordinator for the Bharatiya Janata Party (BJPAyodhya )’s unit. Singh demanded that 22 Taj Mahal halls and suites be made accessible. He also asked for a fact-finding group to investigate into the monument’s past.

The Supreme Court dismissed Singh’s case on October 21 and warned the BJP leader against submitting petitions in a “casual” way, referring to it as a “publicity interest litigation.”

Delhi: PIL filed in HC against salaries paid to imams, muftis of mosques

December 2, 2022, 12:58 pm

A public interest litigation (PIL) challenging the payment of salary to imams, maulvis, and other members of masjids in Delhi has been filed with the Delhi High Court.

The plea claimed that the AAP-led Arvind Kejriwal government has been paying crores to the Delhi Waqf Board for the payment of wages to imams, maulvis, and other members of masjids around Delhi, in flagrant violation of Articles 14 and 27 of the Indian Constitution. On the other side, no compensation is given to the pujari of the temples located throughout Delhi. According to the argument, it is against Article 14 of the Indian Constitution to not pay temple priests and pujaris their salaries.

The argument added that the Indian Constitution requires all governments, whether at the federal or state levels, to function in a secular manner. With the inclusion of the word “secular” in the Preamble by the 42nd Constitutional Amendment, 1976, the implicit element regarding secularism inherent in the Constitution became explicit.

Further, Article 27 of the Constitution of India mandates that “no person shall be compelled to pay taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.”

The specific clause, in other words, forbids the use of tax dollars for religious purposes, the argument continued.

The government of the NCT of Delhi, however, is violating the aforementioned notion of secularism.

Through a petition, the petitioners, Gargi Khanna and Prerna Singh, asked the NCT of Delhi government to either pay monthly remuneration to the temples’ pujaris or, in the alternative, to stop paying the Waqf Board with government money.

HC rejects PIL challenging Kerala’s governor’s refusal to sign bills

December 1, 2022, 2:47 pm

The Kerala High Court on Wednesday dismissed a public interest litigation (PIL) brought by a lawyer challenging the decision of Governor Arif Mohammad Khan to withhold some bills passed by the legislative assembly.

Chief Justice M. Manikumar and Justice Shaji P. Chaly, sitting as a division bench, stated that the court cannot impose a deadline on the governor for signing the bills and cannot impede the governor’s discretion.

In the PIL, petitioner PV Jeevesh said six bills passed by the assembly were pending with the governor. He also contended that the President or the governor do not have unbridled and unfettered discretion to keep the bills passed by legislative bodies.

Additionally, Jeevesh argued that the governor’s decision to withhold the bills without using his discretionary powers under Article 200 was arbitrary and at odds with democratic values and democratic constitutionalism. In this context, he also made considerable use of quotations from the Sarkaria Commission and Punchhi Commission reports. The court, however, dismissed his arguments and stated that it could not impose a deadline on the governor or interfere with his discretion.

On Tuesday, the Kerala High Court rejected the state government’s appeal challenging the governor’s appointment of Ciza Thomas to serve as the APJ Abdul Kalam Technical University’s (KTU) acting vice-chancellor, allowing her to carry out her new responsibilities.

Intense tensions erupted last month between Governor Khan and the Pinarayi Vijayan administration after the latter demanded the resignation of 11 vice chancellors in light of the Supreme Court decision that invalidated the appointment of KTU V-C MS Rajashree.

Jharkhand HC questions govt, ask to tell actual number of ‘hunger deaths’

November 14, 2022, 5:22 pm

The Jharkhand government has been asked to define “hunger death” and to tell the “actual number of hunger deaths” in the state by the Jharkhand High Court.

Earlier in 2020 three people died in one family within six months in Bokaro on which HC passed the order on November 4.

“We have seen the action taken report. However, two things are not clear. First is the mechanism of fixing the target and the second is whether hunger death has been defined by the state under any statute or any circular or whatever if not, then how the statements are coming that there is no hunger death or what is the number of actual hunger deaths? We expect that such an affidavit will be filed in two weeks,” the HC order said.

Meanwhile, Ranchi-based lawyer Sonal Tiwary filed the Intervenor Application in this PIL in which she told about 34 such deaths cases.

“There were around 34 hunger deaths in the state of Jharkhand in the last 4-5 years. I have closely seen how the government failed to implement welfare schemes in rural areas. There are still cases where poor and marginalized are not getting ration, pensions for last 6-7 months,” Sonal Tiwary said.

Before Jharkhand High Court Tiwary filed an intervener application and said, “Thus, in one of the cases, I filed an intervener application before the Jharkhand High Court in which I made a submission that whenever there are cases of hunger death, Government denies allegations saying that these deaths are because of malaria or health-related problems. I argued that it was very important for the state to define what constitutes Hunger death/Starvation. This order was recently passed by Jharkhand HC.”

However, after the Jharkhand HC order, the Bharatiya Janata Party (BJP) attacked the ruling government led by chief minister Hemant Soren for hiding the truth.

BJP spokesperson Pratul Shahdeo lashed CM Soren and said, “We welcome the High Court’s decision. It is painful that death due to hunger happens even in the 21st century. The concerned officers should be punished and action against them must be taken. Be it any government, such unfortunate deaths must not take place. When Hemant Soren was in opposition he was very vocal about these things. He even blamed our government, but now when he has assumed the chair of the chief minister, he is tight-lipped and his officers are hiding the fact.”

SC rejects PIL to declare Bose’s birth anniversary as national holiday

November 14, 2022, 3:41 pm

A petition was filed to declare a national holiday on the birth anniversary of Netaji Subhash Chandra Bose on which the Supreme Court dismissed a PIL on Monday.

Chief Justice of India DY Chandrachud and Justice JB Pardiwala bench rejected the plea and said the Government of India will decide.

“The best way to celebrate his contribution is by working hard just like he worked hard for independence,” the CJI said.

“You are making a mockery of the PIL jurisdiction. At least think about what the court can do. I am looking at the recent spate of such petitions. What will Supreme Court do? Take the jurisdiction of the court seriously. You are also a lawyer,” CJI added.

However, advocate KK Ramesh filed the PIL to declare the birth anniversary of Subhash Chandra Bose, 23 January as a national holiday.

SC seeks response from Centre on Women’s Reservation Bill

November 5, 2022, 12:50 pm

The National Federation of Indian Women filed a public interest litigation (PIL) on Friday asking for the revival of the “Women’s Reservation Bill,” which lapsed in Parliament eight years ago. The Supreme Court (SC) sought a response from the Central government.

Justices Sanjiv Khanna and JK Maheshwari’s bench heard the case in March of this year and ordered the Centre to respond within six weeks. They also provided the petitioner three further weeks to respond to the affidavit that the Ministry of Law and Justice was required to prepare.

“Patriarchal mindset of our society has led to the oppression of women denying them their rightful status as equals. This can only be changed if women are placed in positions of authority to effectively bring about such alterations,” read the PIL drafted by advocate Prashant Bhushan representing the petitioner

“The non-introduction of the Bill is arbitrary, illegal and is leading to discrimination,” the plea read. “Although equality of the sexes is enshrined in the Constitution, it has not become a reality even in the 75th year of Indian independence. Women represent almost 50% of the population of India but their representation in the Parliament is only about 14%,” it stated.

The evils of misogyny that exhibit in the form of rapes, outraging of modesty, eve-teasing, honour killings etc. Stem from the false notion of male superiority and authority over women and until such authority is not granted to women through concrete measures such as including more women in the Parliament, there will be no effective change in the present set up, further reads the petition.

In its judgment dated September 5, the same bench had instructed the petitioner to deliver a copy of the plea to the Centre as well, noting that it is a “important issue.” The bench sent a notice to the Center on Friday (Nov. 4) asking for its position.

In 2010, the Rajya Sabha approved the Constitution (One Hundred and Eighth Amendment) Bill, 2008, also referred to as the “Women’s Reservation Bill.” The law, however, lapsed in 2014 after the dissolution of the 15th Lok Sabha.