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Supreme Court Rejects Plea Against Renaming Aurangabad, Osmanabad

August 2, 2024, 3:33 pm

The Supreme Court on Friday dismissed a petition challenging the Bombay High Court’s decision to uphold the renaming of Aurangabad and Osmanabad cities in Maharashtra. A bench of Justices Hrishikesh Roy and SVN Bhatti affirmed the High Court’s order, rejecting the plea against changing the names of the two cities.

The petitioner contested the Maharashtra government’s notifications to rename Aurangabad as Chhatrapati Sambhajinagar and Osmanabad as Dharashiv. The Supreme Court acknowledged that such matters can evoke differing opinions but noted that the High Court’s decision was well-reasoned. It also confirmed that the state followed the proper legal procedures for the name changes.

In May, the Bombay High Court dismissed the plea challenging the notifications. Among the petitioners was Sheikh Masood Ismail Sheikh, who subsequently approached the Supreme Court. In its ruling, the Bombay High Court quoted Shakespeare’s “Romeo and Juliet,” stating, “What’s in a name? That which we call a rose by any other name would smell as sweet.

SC Denies Plea To Delay CA Exams Scheduled For May

April 29, 2024, 6:36 pm

The Supreme Court on Monday declined to consider a plea requesting the postponement of specific papers for the Chartered Accountancy (CA) exams scheduled for May due to the Lok Sabha elections.

Chief Justice DY Chandrachud and justices JB Pardiwala and Manoj Misra, sitting on the bench, highlighted that the Institute of Chartered Accountants of India had not scheduled the exams on election dates.

They observed that the general elections for the Lok Sabha are scheduled for May 7 and 13, and no exams are slated for May 6 and May 12. Changing the exam date would disrupt the extensive arrangements already made for the exams and could lead to unfairness for some students.

Refusing to entertain the PIL, the Supreme Court emphasized that the scheduling of exams falls under “policy decisions.”

“But weighing the importance of the right to vote we have examined the position of candidates who shall be appearing for exams and would also need to vote. 591 centres are there and no exams on polling dates. At this stage when 4 lakh plus students have enrolled, any relief at this stage would result in grave prejudice,” the CJI said.

The Chartered Accountancy exams are set to commence from May 2 and will run until May 17.

The plea requested the postponement of exams scheduled for May 8 and May 14 to alternate dates due to elections taking place in certain states on May 7 and May 13.

On April 8, the Delhi High Court declined to postpone the CA exams while addressing another plea.

The high court expressed surprise at the request and labeled the petition as ‘bereft of substance’.

The counsel representing the ICAI argued that rescheduling the exam in the second week of June would disrupt the entire process. They added that meticulous care had been taken to ensure that no exams were scheduled on dates coinciding with polling.

SC Adjourns Nawab Malik’s Plea in Money Laundering Case to July

May 16, 2023, 3:32 pm

Former Maharashtra Minister Nawab Malik, who has been in jail since February 23, 2022, in a money laundering case, had his petition adjourned by the Supreme Court on Tuesday until July. Justices Sanjiv Khanna and MM Sundresh specified that the High Court has the freedom to address the matter during this interim period. Malik approached the Supreme Court after being dissatisfied with the Bombay High Court’s decision to adjourn his bail application until June 6.

Senior advocate Kapil Sibal, appearing for Malik, urged the bench to specify that the matter be heard by the High Court next week, however, the apex court didn’t specify any date for the hearing in the High Court.Sibal had earlier told the bench that Malik is suffering from kidney failure.Malik approached the High Court after the trial court refused to grant him bail on November 30, 2022.The Directorate of Enforcement (ED) arrested Malik in February 2022 alleging that he usurped a property in Kurla with the help of Dawood Ibrahim’s late sister Haseena Parkar between 1999-2006.ED alleged that since Parkar handled Dawood’s illegal businesses, the money was ultimately used for terror funding.

BJP on Rahul’s plea dismissal: SC’s ruling a slap on Gandhi family’s face

April 20, 2023, 1:51 pm

The Bharatiya Janata Party (BJP) praised the Surat court judgement rejecting Congress leader Rahul Gandhi’s request for a stay of execution following his conviction in a defamation case, and labelled the appellate court’s decision a “slap on the face of the Gandhi family” on Thursday.

The BJP said, “the court demonstrated that everyone is treated equally by the law and that “there cannot be preferential treatment for any family.” This comes after Rahul Gandhi’s request for a stay in the criminal defamation case involving the statement about the “Modi surname” was denied by the Surat court on Thursday.
The former Wayanad MP may file an appeal against the Surat court’s decision either the Gujarat High Court or Supreme Court.

Addressing a press conference on the issue, BJP national spokesperson Sambit Patra said that the decision is a victory for the people of the country.

“The decision of the Appellate Court of Surat has come today, there is an atmosphere of happiness in the whole country. The backward class for whom Rahul Gandhi had used objectionable words and abused them… and by doing all this, the Gandhi family thought that they would get away with it, that has not happened,” he said.
“Court’s decision is a slap on the face of the Gandhi family. Today the court of Surat proves that the law is equal for all,” Patra added.

Describing the court’s order as a special moment for the judiciary, the BJP leader said that it states that “no protests, or mobilisation can make the judiciary buckle under pressure”.

“One thing is clear from today’s decision that in this country the constitution rules, the family does not rule and there cannot be preferential treatment for any family,” he said.
Earlier on April 3, the Surat Sessions Court granted bail to the Congress leader, who had filed an appeal following his conviction in the case.

While granting bail to the former MP, the court also issued notices to complainant Purnesh Modi and the state government on the Congress leader’s plea for a stay on his conviction. It heard both parties and then reserved the order for April 20.

Rahul Gandhi was a Lok Sabha MP from Wayanad but was disqualified after a lower court in Surat sentenced him to two years in jail on March 23 under sections 499 and 500 (defamation) of the Indian Penal Code (IPC) in a case filed by Bharatiya Janata Party (BJP) MLA Purnesh Modi.

‘Matter of choice’: Delhi HC refuses to entertain PIL to make voting compulsory

March 17, 2023, 1:23 pm

Delhi High Court categorically refused a public interest litigation (PIL) seeking the Election Commission of India (ECI) to make voting compulsory in the Parliament and State Assembly elections. The court said that casting vote is a matter of choice and the judiciary cannot pass such directions.

The bench of Justice Satish Chander Sharma and Justice Subramonium Prasad on Friday also said, “casting vote is their (eligible citizen of India for voting) right, their choice”. Noting the court’s observation, then the petitioner decided to withdraw the petition.

The petition was filed by Ashwini Kumar who is a practicing Advocate and BJP leader.

The petition was filed stating that low voters turnout is a persistent problem in India. Making voting a compulsory act can help increase the voter turnout. It guarantees that each and every citizen has a vote and that the government reflects the desires of the people. The government is more responsible to the people and is more apt to act in their best interests when voter turnout is high. Compulsory voting has been implemented successfully in countries like Australia, Belgium, and Brazil. These countries have seen significant increases in voter turnout and improvements in the quality of democracy, stated the plea.

The Supreme Court and High Court have previously instructed the Election Commission to exercise its powers under Article 324 with regard to the supervision, direction, and control of the conduct of elections to Parliament and the State legislatures in order to address violations of fundamental rights and to protect the integrity of the electoral process. There is a good reason for the Court to take action for a simultaneous election, the plea said. Under Article 326 of the Constitution, the ability to vote is recognized as a fundamental right. The law may reasonably place limitations on this right. As a reasonable restriction to ensure that democracy runs smoothly, mandatory voting can be enacted. The right to vote is a statutory right, and the government has the authority to place reasonable limitations on this right, the Supreme Court has further ruled, according to the plea.

Supreme Court reserved order on mercy plea by Balwant Singh

March 2, 2023, 3:16 pm

The Supreme Court on Thursday reserved its order on a plea by Balwant Singh Rajoana, convict in former Punjab Chief Minister Beant Singh, seeking to commute his death penalty for delay in considering his mercy plea.
A bench of justices BR Gavai, Vikram Nath, and Sanjay Karol reserved the order after both parties concluded the arguments. Senior Advocate Mukul Rohatgi appeared for Balwant Singh Rajoana.

The lawyer said that he has served 27 years in jail and his mercy petition was filed in 2012 but still not decided.

The court questioned the counsel for delay in deciding the judgment. Balwant Singh Rajoana said that there is a gross violation and urged the court to look at it. The petitioner’s lawyer said that keeping a prisoner on death row for so long violates their fundamental rights.

Rajoana had moved to the top court two years ago seeking implementation of a decision taken by the Union ministry of home affairs (MHA) in September 2019 to commute Rajoana’s death sentence to life.

Supreme Court to hear CBI plea seeking cancellation of bail for Anil Deskhmukh on 20 January

January 18, 2023, 11:51 am

The Central Bureau of Investigation (CBI) has submitted a plea seeking the cancellation of bail granted to former Maharashtra Home Minister Anil Deshmukh by the High Court. The Supreme Court will hear the plea on 20 January 2023.

SC To Hear Rapido’s Plea On 23 January

January 17, 2023, 5:41 pm

The Supreme Court on Tuesday listed a plea to hear on 23 January of Rapido, the bike taxi and auto service provider, against the decision of the Bombay High Court order which ordered the company to stop operations in Maharashtra immediately as it does not have a license to operate bike taxi or rickshaw services. The plea will be heard by a bench consisting of CJI DY Chandrachud.

SC gives more time to Centre to response on Ram Setu national monument plea

January 12, 2023, 1:02 pm

Subramanian Swamy, the president of the Bharatiya Janata Party, had petitioned for Ram Setu to be designated as a “national monument,” and the Supreme Court on Thursday gave the Union government an extension until the first week of February to submit its response.

In November, after the government asked for extra time to file its affidavit in the case, the court questioned the administration for “dragging its feet” in making a decision about awarding the status.

Solicitor general Tushar Mehta on Thursday told the court a discussion was going on in the government and the matter was under consideration.

A bench of Chief Justice of India (CJI) Dhananjaya Yashwant Chandrachud and Justice PS Narasimha later posted the matter for hearing in the second week of February.

Since the CJI was scheduled to hear the issue involving the power struggle between the Delhi and the Union governments over control of bureaucrats, Swamy indicated the subject scheduled for Thursday as being unlikely to be called up for hearing.

The Union government argued that its response to Swamy’s petition was complete but was awaiting approval from the appropriate ministry, and the court agreed, giving it until December 12 to file it.

In 2007, Swamy filed a petition with the Supreme Court opposing the Sethusamudram Canal Project, which would have connected Mannar in Sri Lanka with Palk Strait. Swamy claimed that the Ram Sethu would be harmed by the project’s dredging work.

Later, the project’s work was suspended by the court.

Rameswaram off the South East Coast of Tamil Nadu is connected to Mannar Island by Ram Setu, a 48 km chain of limestone shoals. Hindu mythology and references in the Ramayana claim that while Lord Ram was on his way to Lanka to save his wife, Sita, from Ravana’s clutches, his army built the bridge.

The court told the Union government eight weeks to submit an affidavit and explain its position in August. Swamy voiced his dissatisfaction with the situation’s delay in November. He claimed that there are only two possible answers to his plea: yes or no.

Joshimath Demolition: SC denies urgent hearing

January 10, 2023, 12:44 pm

The Supreme Court on Tuesday turned down a plea for an immediate hearing regarding the Joshimath land collapse occurrences and scheduled the case for hearing on January 16.

The top court said that everything which is important need not come to the apex court, adding that there are democratically elected institutions working on it.

“Everything which is important in the country need not come to us. There are democratically elected institutions to see this. They can deal with what falls under their control. We will keep it on 16th (Jan),” justice Chandrachud responded after the petitioner’s lawyer demanded an urgent listing of the matter.

The petition submitted by Swami Avimukteshwaranand Saraswati was cited out of turn for urgent listing on Monday, thus the CJI chose not to set a date for its hearing.

On Saturday, Swami filed a petition asking the court to declare landslides, subsidence, land sinking, land burst, and cracks in the land and properties a “national disaster” that calls for the creation of a plan for disaster assistance and rehabilitation. It demanded that the National Disaster Management Authority be instructed to actively assist the Joshimath locals.

The plea blamed large-scale industrialisation for the subsidence and sought immediate financial assistance and compensation for the residents.

“No development is needed at the cost of human life and their ecosystem and if any such thing is to happen, then it is the duty of the state and Union government to stop the same immediately at war level,” the petition said.

It added the petition was filed to secure the life and personal liberty of the people of Joshimath, where lives are in danger due land subsidence.

Joshimath, which has a population of more than 25,000, serves as an overnight halt for tourists travelling to the shrines at Badrinath and Hemkund Sahib and other tourist destinations. As a result, there have been too many hotels and resorts built nearby, which experts believe is to blame for the town’s most severe land subsidence to date.

Delhi HC to hear plea against clean-chit to Shashi Tharoor in her wife’s death case

December 1, 2022, 11:16 am

The Delhi High Court on Thursday will hear a petition from the city police contesting the clean-chit given to Congress MP Shashi Tharoor in connection with the enigmatic passing of his wife Sunanda Pushkar.

The case is listed before Justice Dinesh Kumar Sharma.

A trial court had discharged Tharoor from charges of abetment to the suicide of his wife in August, 2021, ruling that there was no material against the legislator, much less any positive act to instigate or aid her in committing suicide, assuming it as the cause of death.

The court had ruled that the prosecution’s evidence was “wholly or absolutely insufficient,” providing justification for discharge.

It said that even prima facie, there is nothing to show that Tharoor subjected Pushkar to mental cruelty of such a high degree that would lead to suicide.

It said that even though the statement of the witnesses indicated that Pushkar was “agitated”, “distressed”, “felt betrayed” and “cheated” due to the alleged affair of Tharoor with Pakistani journalist Mehr Tarar, nothing has been shown by the investigating agency to show that the former minister had provoked, incited or induced the deceased to commit suicide.

It said that none of the medical boards had concluded that the death had happened due to suicide.

Additionally, the charge sheet was submitted in the hopes that the court may discover enough evidence to move on with the trial; however, criminal proceedings require proof.

“No doubt, a precious life was lost. But in the absence of specific allegations and sufficient material to make out the ingredients of the various offences and on the basis of which the court could, at this stage, presume that the accused had committed the offence, the accused cannot be compelled to face the rigmaroles of a criminal trial, the court had said.

On the evening of January 17, 2014, Pushkar was discovered dead in a suite at a five-star hotel. The police immediately sealed the room and filed a FIR. Due to renovations taking place in Tharoor’s official residence, the couple was staying at the hotel.

Months before general elections, the case quickly made national headlines and ignited a political scuffle between the Bharatiya Janata Party (BJP), the party’s main rival, and the then-ruling Congress party.

On May 15, 2018, the Delhi Police issued a 3,000-page charge sheet against Tharoor under Indian Penal Code sections 498-A (husband or relative of husband subjecting women to cruelty) and 306 (abetting suicide) (IPC). Ten years in prison is the maximum penalty for the offence.

All accusations were rejected by him as being “preposterous and motivated.”

Bilkis Bano approaches apex court against remission of 11 convicts, CJI to look into

November 30, 2022, 2:37 pm

Bilkis Bano approached the Supreme Court on Wednesday to challenge the release of the 11 convicts who were released on August 15 of this year. Her lawyer brought up the subject today before Chief Justice of India DY Chandrachud, who responded by saying he will look into the plea’s listing.

A number of petitions challenging the Gujarat government’s decision were filed in the top court after the early release of the 11 defendants who had been given life sentences in the 2002 gangrape case received widespread criticism. As the cases are being considered, Bilkis Bano’s lawyer on Wednesday submitted a writ petition challenging the remission of the sentence.

The 11 men were found guilty of the gang rape of Bilkis Bano and the murder of seven of her family members during the riots in 2002.

The Gujarat administration claimed that the remission was given to them as a result of their “good behaviour” as the Supreme Court heard earlier petitions filed in opposition to the remission.

The Gujarati government stated that the Centre had given its approval to the move. However, it was disclosed in its affidavit that the CBI and the trial court’s presiding judge opposed the convicts’ release because of how serious and horrific their offence was.

The subject became the focus of a political controversy prior to the Gujarat Assembly Election in 2022 after BJP MLA CK Raulji supported the Bilkis Bano rapists and said that some of the convicts were brahmins with good “sasnkaar.”

A court chaired by Justice Ajay Rastogi declared in May 2022 that Gujarat’s government has the authority to hear the petition for remission. On Wednesday, lawyer Shobha Gupta represented Bilkis Bano. She expressed doubt that Justice Rastogi would be able to hear the case because he is currently engaging in a Constitution Bench hearing.

“The review has to be heard first. let it come before Justice Rastogi,” CJI said adding that he will decide on the listing of the plea after looking into it.

Delhi minister drops Delhi Court plea to stop airing videos from jail cell

November 24, 2022, 5:52 pm

Jailed Satyendar Jain, a Delhi minister, dropped his application on Thursday asking a Delhi court to issue an order prohibiting media from airing any CCTV footage of him taken from his cell at Tihar. Instead, the Delhi High Court, according to the leader of the Aam Aadmi Party. Jain’s lawyer Rahul Mehra stated in his court filing on Wednesday that despite a hearing in the subject, additional footage was leaked yesterday morning.

They have taken a particular day and particular time and shown some major thing is going on in jail. Please test everything. We are not running away. Today one release, tomorrow another release”, Mehra had argued in court.

A fresh video showing the AAP leader eating and receiving meals in his cell surfaced on Wednesday. This happened a day after he informed the court that he was denied access to a special fasting diet due to his religious convictions. Jain was seen eating a range of foods in the film, including instances where he was seen eating raw fruits and vegetables and prepared meals.

A video showed him receiving massages from a man who turned out to be a convict accused of raping a minor surfaced on Saturday.

Jain and two other accused in the case have been denied bail by the court on November 17. A CBI FIR filed against Jain in 2017 under the Prevention of Corruption Act led to his detention by the federal anti-money laundering agency. Jain is accused of using four companies that are purportedly connected to him to launder money. The latest issue in the conflict between the BJP and the AAP ahead of the Municipal Corporation of Delhi polls on December 4 appears to be the CCTV videos. Jain is taken out of the cabinet by Kejriwal.

The BJP has allegedly released phoney films out of fear of losing the election, according to the AAP. Kejriwal, the chief minister, has been ordered by the BJP to fire Jain from the cabinet.

Shraddha murder case: Plea moved in Delhi High Court seeking transfer of investigation to CBI

November 21, 2022, 3:14 pm

A Practicing Lawyer of Delhi has moved a plea in the Delhi High Court seeking transfer of investigation from Delhi Police to Central Bureau of Investigation (CBI) in Shraddha murder case.

The plea says that the investigation by Delhi Police cannot be carried out efficiently due to administrative, staff paucity as well as lack of sufficient technical and scientific equipment to find out the evidence and the witness as the incident had taken place about six months back. It also stated that whatever investigation done by Delhi Police has been revealed by media. The presence of media and other public persons at the place of recoveries, court hearings etc. of any accused amounts to their interference with the evidence and witnesses in the present case.

It also stated that the Delhi Police have not sealed the alleged place of the incident to date which is continuously being accessed by the public and media personnel.

“The forensic evidence in the present case has not been preserved properly by the Delhi Police since all the alleged recoveries are being touched and accessed by different public persons and media personnel within the Mehrauli Police Station, alleged scene of crime i.e. house of the deceased, place of recoveries i.e. Mehrauli, Chhattarpur forest etc. which are clearly evident in the various news coverage of the present case,” the plea read.

Due to faulty investigation, most of the heinous crimes result in the acquittal of the accused since as per the National Crime Records Bureau (NCRB) report, 2021 only 44 per cent of murder cases result in a conviction, stated the plea.

Plea seeking the worship of ‘Shivling’ in Gyanvapi mosque postponed by Varanasi court

November 8, 2022, 1:49 pm

The plea seeking worship of the ‘Shivling’ that the Hindu side claimed to be found on the Gyanvapi mosque premises has been postponed by a Varanasi court to November 14.

The plea was scheduled to be heard today, but it is adjourned as the concerned judge would not sit in the court today. The court was expected to rule on the plaintiff’s three primary demands, which were to grant permission for Swayambhu Jyotirlinga Bhagwan Vishweshwar to immediately begin offering prayers, turn over the entire Gyanvapi complex to Hindus, and forbid Muslims from entering the Gyanvapi complex’s grounds.

The Muslim side is allowed to offer prayers at present, as per the reports.The scientific investigation of the purported ‘Shivling’ was refused by the Varanasi court in the previous hearing.

The Hindu side had asked for carbon dating of the object inside the wazukhana of the Gyanvapi Mosque that they believed to be a Shivling.
The discovered building, according to the Muslim side, was a “fountain,” though. On September 22, the Hindu side had filed a request with the Varanasi District Court asking for a carbon dating of the artefact they claimed to be the “Shivling.”
The Hindu side said that they would appeal the Varanasi court’s decision not to permit a “scientific investigation” of the alleged “Shivling,” which they claimed to have discovered on the grounds of the Gyanvapi mosque, to the Supreme Court.

The Varanasi court said, “It would not be proper to order the survey of Archaeological Survey of India (ASI) and by giving such order the age, nature, and structure of the said Shivling is known, even this does not imply the possibility of a just solution”.

Advocate Vishnu Jain, representing the side in the Gyanvapi case, “Court has rejected our demand of seeking carbon dating. We’ll move to Supreme Court against this order and challenge it there. I cannot announce the date as of now, but we’ll soon challenge this order in Supreme Court.”

“Though the court has rejected the demand of requesting carbon dating, the option of going to the High Court is available, and the Hindu side will make their argument before the High Court as well,” said Madan Mohan Yadav, another attorney for the Hindu side.
The Varanasi Court had stated that “if the claimed Shivling is damaged by taking samples, then it will be in violation of the judgement of the Supreme Court” in reference to the Supreme Court’s ruling from May 17.

The Varanasi Court had stated that “if the Shivling is harmed, the religious feelings of the general people can also get injured.”
The age of an archaeological object or find can be determined scientifically using carbon dating.

‘Ridiculous,’ says the Supreme Court in response to a petition to declare Satyendar Jain a ‘person of unsound mind’

October 14, 2022, 12:49 pm

The Supreme Court on Friday dismissed a petition to declare Delhi minister and Aam Aadmi Party (AAP) legislator Satyendar Jain, who has been in judicial custody in a money laundering case since May 30, as “a person of unsound mind” and disqualify him from the Assembly on that basis as “ridiculous.”

A bench of justices Sanjay Kishan Kaul and AS Oka dismissed the petition filed by a Delhi resident, imposing a 20,000 fine on the grounds that the petition was frivolous.“It is such a misconceived and frivolous petition that it deserves to be dismissed with a cost of ₹20,000,” stated the court in its order.

Asking petitioner Ashish Kumar Srivastava to deposit the penalty within a week, the court remarked: “It (plea) is so ridiculous that we must ask you to pay cost.”Srivastava’s lawyer argued in front of the bench that Jain told ED officers during questioning that he had lost his memory due to Covid-19.

According to the lawyer, the AAP MLA is thus disqualified under Article 191(1)(b) of the Constitution, which provides for the disqualification of a lawmaker who is of unsound mind.

But the bench responded: “He (Jain) did not say he has lost his memory but he perhaps said he doesn’t remember a few things. There is a difference. Also, Covid presented a scenario where people were affected. We are not saying whether he is taking advantage of this or not but we cannot entertain a petition like this.”

In August, Srivastava filed an appeal against a Delhi High Court order dismissing his petition. The high court then stated that the Code of Criminal Procedure covers all eventualities and that it is up to the prosecution/court to take appropriate legal action.

In July, the high court rejected a separate petition to remove Jain from the cabinet following his arrest in the money laundering case, stating that it is up to the chief minister to decide whether a person with a criminal record should be allowed to continue as a minister or not.

The ED arrested Jain on May 30 in connection with a case filed by the CBI against the AAP leader in 2017 under the Prevention of Corruption Act. Jain is accused of laundering money through four companies in which he was a shareholder.