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BSP Chief Mayawati Urges Support for ‘One Nation, One Election’ Bills; Criticizes SP and Congress on Reservations

December 15, 2024, 5:02 pm

Bahujan Samaj Party (BSP) chief Mayawati on Sunday criticized the Congress and the Samajwadi Party (SP) for their stance on reservation policies, accusing them of colluding to oppose legislation that would provide quotas in promotions for Scheduled Castes (SC) and Scheduled Tribes (ST) during the Congress-led UPA government. Speaking at a press conference, she emphasized that these parties should refrain from discussing reservations given their past actions.

Mayawati expressed her support for the Central government’s bills on ‘one nation, one election,’ arguing that such measures would reduce expenses and ensure that public welfare initiatives continue without interruption. She called on other political parties to back this initiative.

BSP leader also demanded that reservations for SC, ST, and OBC

The BSP leader also demanded that reservations for SC, ST, and Other Backward Classes (OBC) be included in the Ninth Schedule of the Constitution to protect them from judicial review. “During discussions in the Lok Sabha, both the ruling party and the opposition, particularly the Congress and SP, have made many baseless claims regarding the reservation issue, which are devoid of truth,” she stated.

Mayawati lamented that the Congress and SP had previously opposed the Constitutional Amendment Bill related to reservations in promotions for SC and ST, recalling that the bill was torn and discarded by SP members in Parliament. She criticized the ruling Bharatiya Janata Party (BJP) for its “anti-reservation mentality,” suggesting that this attitude has hindered the passage of important legislation.

Reflecting on the recent discussions in Parliament regarding the “glorious journey of 75 Years of the Constitution of India,” Mayawati asserted that the Constitution’s effectiveness hinges on the ruling class’s ability to provide employment and justice to the citizens. She stated, “The Constitution has not failed; rather, the people and parties in power have failed it due to their narrow-mindedness and casteist politics.”

Mayawati further warned that any amendments to the Constitution aimed at benefiting a specific party or individual would face strong opposition from the BSP. She reiterated her party’s commitment to the poor and oppressed, welcoming the BJP government’s related bills on ‘one nation, one election.’

In conclusion, she urged all political parties to rise above partisan interests and work collaboratively for the benefit of the country and its citizens. The BSP has faced a steady decline in electoral support in recent years and currently holds only one Rajya Sabha seat in Parliament.

SC Transfers Trial of Cheating Case Against Remo D’Souza to Delhi Court

November 22, 2024, 7:40 pm

On Friday, the Supreme Court ordered the transfer of the trial against choreographer-turned-director Remo D’Souza from Ghaziabad to Delhi’s Karkardooma court. The decision came after hearing D’Souza’s plea, challenging the rejection of his petition by the Allahabad High Court.

Background of the Case

The case dates back to 2016, when an FIR was filed against D’Souza under sections 420 (cheating), 406 (criminal breach of trust), and 386 (extortion by putting a person in fear of death or grievous hurt) of the Indian Penal Code (IPC). The complainant accused D’Souza of encouraging him to finance a movie, promising to double the amount invested. However, the director allegedly failed to honor his promise, leading to the legal dispute.

D’Souza’s legal team argued that the case was originally a civil matter concerning a breach of agreement, but it had been wrongly converted into a criminal one. They further submitted that the trial should be moved to Delhi for convenience.

Supreme Court’s Decision

The Supreme Court, agreeing with the request, said that transferring the trial to Delhi would be beneficial and stated that there was no reason to delay the trial proceedings. The case will now be handled in Delhi’s Karkardooma court.

The decision is seen as a significant step in ensuring the trial moves forward expeditiously.

SC Declares Arbitrator Appointment Clauses in Public-Private Contracts Unconstitutional

November 8, 2024, 9:07 pm

In a significant judgment on Thursday, the Supreme Court ruled that clauses permitting unilateral appointment of arbitrators in public-private contracts are unconstitutional, as they violate Article 14 of the Indian Constitution, which guarantees the right to equality. The verdict, delivered by a five-judge bench including Chief Justice DY Chandrachud, and Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal, and Manoj Misra, concluded that equal treatment of parties is essential at every stage of arbitration, including the appointment of arbitrators.

Key Findings on Party Equality in Arbitration

In his judgment, CJI Chandrachud stated, “Unilateral appointment clauses in public-private contracts are violative of Article 14 of the Constitution.” He emphasized that while the Arbitration and Conciliation Act, 1996 allows Public Sector Undertakings (PSUs) to maintain a panel of potential arbitrators, requiring the opposing party to select solely from a PSU-curated list compromises the fairness and equality of the arbitration process.

The court highlighted that such unilateral clauses can cast doubt on the independence and impartiality of the arbitrators. “A clause that allows one party to unilaterally appoint a sole arbitrator gives rise to justifiable doubts as to the independence and impartiality of the arbitrator,” stated the bench. CJI Chandrachud further remarked that, in cases involving three-member tribunals, mandating one party to choose from a panel limits genuine equal participation and creates a system biased in favor of entities like the Railways.

Prospective Application and Public Policy Concerns

The court clarified that the judgment will apply prospectively, meaning it will affect only those arbitrator appointments made after the date of this decision. Justice Roy, concurring with CJI Chandrachud’s view, noted that the principle of equality under Section 18 of the Arbitration and Conciliation Act applies at all stages, including the appointment of arbitrators. However, he pointed out that unilateral appointments are permissible under the Act if the appointed arbitrator meets eligibility criteria under the Act’s Seventh Schedule.

Justice Narasimha, in a separate opinion, asserted that arbitration agreements must comply with public policy principles, ensuring the formation of an independent and impartial tribunal. He emphasized that while parties may maintain their own panel of arbitrators, clauses that allow one party to unilaterally form the tribunal can violate public policy and fail to inspire confidence in the tribunal’s independence.

The Supreme Court’s ruling underscores the interplay between party autonomy in arbitration and the need for an impartial tribunal. The bench highlighted that the Arbitration Act respects party autonomy but also mandates principles like party equality, tribunal independence, and procedural fairness.

Justice Narasimha reiterated that the court must ensure arbitration agreements uphold public policy by establishing impartial tribunals. He remarked that, if necessary, the court will scrutinize and invalidate arbitration clauses that fail to provide a truly independent and fair dispute resolution process.

The case involved appeals addressing the independence and impartiality of arbitrators under the Arbitration and Conciliation Act. While the Act permits parties to mutually decide on the arbitration process, it imposes certain mandatory principles, ensuring equality and impartiality.

This ruling holds potential implications for public-private contracts, particularly those involving PSUs. Legal experts view the judgment as a reinforcement of party equality and impartiality in arbitration proceedings, which could prompt revisions in standard contract templates used by PSUs and other government entities.

Kolkata Rape Murder: SC Grants NTF Three Weeks to Submit Recommendations on Doctors’ Safety

October 15, 2024, 8:05 pm

The Supreme Court on Tuesday granted the National Task Force (NTF) three weeks to submit its recommendations on ensuring safe working conditions for medical professionals. The bench, led by Chief Justice of India DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra, expressed concern over the lack of progress by the NTF, noting that no meetings had taken place since the first week of September.

The court directed the Centre to take proactive steps to ensure the NTF completes its work on time, urging that future meetings be held regularly. The NTF and its subgroups were instructed to submit tentative recommendations by the next hearing. The case was adjourned until after the Diwali vacation.

Background: RG Kar Medical College Case

The court was hearing a suo motu petition related to the rape and murder of a 31-year-old doctor at RG Kar Medical College and Hospital in Kolkata, West Bengal, on August 9, 2024. The doctor, who was on a 36-hour duty shift, was found murdered and allegedly raped in the hospital’s seminar room. In response, the court had established the NTF on August 20, 2024, to develop an action plan to prevent violence against medical professionals and improve working conditions.

Senior Advocate Rakesh Dwivedi informed the court that the West Bengal government had filed an affidavit assuring the court that security upgrades at RG Kar Medical College would be completed by October 31. The state government also committed to finalizing security improvements at all 28 medical colleges in West Bengal by October 25.

Additionally, the state had set up a state-level grievance redressal committee to conduct security audits and deployed additional security personnel in hospitals. The Supreme Court also asked the West Bengal government to provide details about the recruitment of civic police volunteers and the measures taken to prevent their deployment in sensitive institutions.

CBI Updates on Investigations

Solicitor General Tushar Mehta updated the court that the Central Bureau of Investigation (CBI) had filed a chargesheet against Sanjoy Roy, the accused in the rape and murder case at RG Kar Medical College, and that the relevant court had taken cognisance of the chargesheet.

The CBI also reported on its ongoing investigation into financial irregularities at RG Kar Medical College. The Supreme Court allowed both investigations to continue and requested further status reports from the CBI within three weeks.

CJI Chandrachud Reminds Lawyer He’s ‘Still in Charge’ Amid Courtroom Exchange

October 3, 2024, 8:40 pm

Chief Justice of India (CJI) DY Chandrachud, who is set to retire in November, reminded a lawyer on Thursday that he is “still in charge” despite his short remaining tenure. The remark came as the CJI reprimanded the lawyer for attempting to cross-check details of a previously dictated order with a court officer.

‘How dare you’: CJI

“How dare you ask the court master what I dictated? Tomorrow, will you come to my house and ask my secretary what I’m doing?” CJI Chandrachud sternly questioned, adding that lawyers have “lost all sense.”

The CJI, who will be succeeded by Justice Sanjiv Khanna, warned the lawyer not to engage in such behavior again.

This exchange followed a recent incident where CJI Chandrachud objected to a lawyer saying “yeah” instead of “yes,” reminding him that the courtroom is not a “coffee shop.” Throughout his tenure, the CJI has maintained strict decorum, previously admonishing advocates for raising their voices or disrupting proceedings.

SC Takes Suo Motu Cognizance of Karnataka HC Judge’s Remarks

September 20, 2024, 6:35 pm

The Supreme Court of India has taken suo motu cognizance of media reports regarding controversial comments made by a Karnataka High Court judge towards a woman lawyer.

A five-judge bench, led by Chief Justice DY Chandrachud, has directed the Karnataka High Court to submit a report on the matter. The Supreme Court also called upon the Attorney General and Solicitor General to assist in the proceedings.

The controversy arose after two video clips surfaced on social media, showing the judge making gender-insensitive remarks about a woman lawyer. In another clip, he allegedly referred to a Muslim-majority locality in Bengaluru as “Pakistan.”

The Supreme Court has scheduled a hearing for September 25 and requested a report from the Registrar General of the Karnataka High Court, following administrative directions from the Chief Justice of the High Court.

During the proceedings, the bench emphasized the importance of judicial conduct in the age of social media, stating that judges are under close scrutiny and must act accordingly.

Prominent advocates, including Senior Advocate Indira Jaising, have called for action against the judge, urging the Chief Justice of India to send him for gender sensitization training. The circulating videos have sparked widespread calls for accountability within the judiciary.

SC To Hear Plea Against Mumbai College’s Hijab Ban On Friday

August 9, 2024, 2:09 am

The Supreme Court is set to hear a plea on Friday challenging a Bombay high court ruling that upheld a Mumbai college’s ban on wearing hijabs, niqabs, burqas, and similar attire. This comes after students requested an expedited hearing due to the start of their term exams.

Key Details

Date of Hearing: Friday
Petitioners: Students from NG Acharya & DK Marathe College, Mumbai
Issue: Ban on religious attire at the college
High Court Ruling: Upheld the dress code

The petitioners, represented by advocate Abiha Zaidi, argued that the college’s dress code, which prohibits religious attire, infringes on their fundamental rights. They claim the ban violates their freedom of expression and religious rights under the Constitution.

The case echoes a similar dispute from October 2022, where the Supreme Court delivered a split verdict on the hijab ban in Karnataka. Justice Gupta supported the state’s authority to enforce uniforms, while Justice Dhulia opposed the ban, highlighting it as a matter of personal choice.

The Supreme Court’s upcoming decision will address the broader issue of balancing religious freedoms with institutional dress codes.

SC Adjourns Manish Sisodia’s Bail Plea Hearing To August 5, Awaits ED’s Response

July 29, 2024, 12:10 pm

The Supreme Court has adjourned the petition of AAP leader Manish Sisodia against the Delhi High Court’s order that rejected his bail plea in the excise policy money laundering case to August 5. During the hearing, time was given to the Enforcement Directorate to file a response until Thursday, August 1. The Central Bureau of Investigation informed the Supreme Court that it had already filed its reply. The Supreme Court directed the placing of the CBI’s reply on record.

Supreme Court adjourns till August 5, AAP leader Manish Sisodia's petition challenging Delhi High Court order rejecting his bail plea in excise policy money laundering case.

SC gives time to the Enforcement Directorate to file reply till Thursday, August 1. In the meantime, CBI… pic.twitter.com/1tUnzlypvZ

— ANI (@ANI) July 29, 2024

Former Deputy Chief Minister of Delhi and AAP heavyweight Manish Sisodia is under investigation over charges of money laundering related to the excise policy. His bail plea was dismissed by the Delhi High Court, following which Sisodia went to the apex court door seeking relief.

The case has attracted wide publicity, and both parties to it have some strong points to argue. First, the position that Sisodia occupies is of a high profile; second, the nature of the offenses against him is grave. Thus, adjournment until August 5 allows detailed responses from ED and CBI, which are going to be very important in the consideration of Sisopia’s bail plea in the Supreme Court.

The proceedings; all eyes look up to the next steps the apex court is going to take in this high-stakes legal matter.

Supreme Court Denies NEET Re-Test Plea

July 23, 2024, 5:23 pm

The Supreme Court, on Tuesday, announced its decision that there will be no re-examination for the 2024 NEET-UG. After going through several petitions, Chief Justice D.Y. Chandrachud said that there is nothing in the available data that points to a “systemic breach” or that the test’s “sanctity” has been compromised.

It was realized at the hearing that 155 students from Hazaribagh and Patna were likely beneficiaries of fraudulent activities. Notwithstanding these concerns, the court has taken a view that a re-test is not necessary; this means the results of the examination will still be valid. This decision underlines, once more, the court’s commitment towards maintaining the integrity of the competitive examination process.

(This is a developing story)

Kawar Yatra Controversy: SC To Hear Petition Against UP Govt’s Name Display Order

July 22, 2024, 12:43 am

The Supreme court is set to hear the petition filed by NGO Association of Protection of Civil Rights (APCR) against UP government nameplate order on Monday.

The Bench of Justices Hrishikesh Roy and SVN Bhatti will hear the matter on July 22, 2024.

Earlier on July 19, Uttar Pradesh mandated that eateries, restaurants, dhabas, beverage and fruit shops along Kawar routes must show names of their owners.

Initially, this order was given by Muzaffarnagar Police. But subsequently, the UP government issued the direction for the whole state.

As a result, it caused a row. Samajwadi party MP Ram Gopal Yadav condemned this action saying not a right thing to do.

Besides UP, Uttarakhand CM Pushkar Singh Dhami also issued similar order in Himalayan state.

In addition, this development also comes around the time, when similar directions were also announced in Madhya Pradesh. As per Mayor Mukesh Tatwal, those defying the order will have to give Rs 2,000, if the offence is committed first time. But if this order is again violated, fine of Rs 5,000 will be levied in Ujjain.

What Government Says?

However, amidst the criticism and controversy generated, the government have justified this rule, asserting that this direction will prevent potential law & order problem. Moreover, it also ensures, that Kawariyas do not face confusion.

As quoted by PTI, the Ujjain mayor while talking about this order also declared that Ujjain is a religious place and people possess the right to know details about their shopkeepers. In case of cheating or mere dissatisfaction, customers will be able to get remedy due to this rule.

SC Directs Government To Formulate Policy On Menstrual Leave For Women Employees

July 8, 2024, 2:15 pm

The Supreme Court, comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, has instructed the Indian government to formulate a standardized policy on menstrual leave for female employees following consultations with states and stakeholders.

The bench underscored that such issues are policy-related and fall outside the court’s jurisdiction. They expressed concerns that judicial mandates on menstrual leave could potentially deter employers from hiring women. The court emphasized the importance of policies that promote rather than hinder women’s workforce participation.

“We do not want that,” the bench remarked, “This is actually a government policy aspect and not for the courts to look into.”

The court granted permission to the petitioner’s lawyers to approach the Ministry of Women and Child Development and Additional Solicitor General Aishwarya Bhati for further discussions on drafting a model policy. It stressed that the consultation process at the central government level should not impede any state-level initiatives on the issue.

“We request the secretary to look into the matter at the policy level and take a decision after consulting all stakeholders and see if a model policy can be framed,” the court ordered.

In a previous instance, the Supreme Court had disposed of a similar plea, advising that policy matters should be addressed through representations to the government. It was noted that despite earlier submissions, no decision had been made by the Centre.

SC: ED Cannot Arrest Accused Under PMLA After Special Court’s Cognisance

May 16, 2024, 11:41 am

In a significant ruling, the Supreme Court has stated that the Enforcement Directorate (ED) is not authorized to arrest accused individuals under the provisions of the Prevention of Money Laundering Act (PMLA) once a special court has taken cognisance of the complaint. This ruling clarifies the procedural limitations on ED’s powers post-cognisance by a special court.

Additionally, the apex court outlined that if the ED deems custody necessary for interrogation, it must file an application before the concerned court. Subsequently, the court can grant custody only after thoroughly assessing the reasons presented by the probe agency, ensuring that custodial interrogation is indeed warranted.

This decision sets a legal precedent regarding the protocol for arrests and custodial matters under the PMLA, emphasizing the judiciary’s role in overseeing investigative processes.

SC seeks reply from EC, Centre on petition for complete count of VVPAT Slips

April 2, 2024, 12:40 am

In a significant development, the Supreme Court requested responses from both the Election Commission and the Centre regarding a petition seeking a full count of VVPAT slips in elections, contrasting with the current practice of verifying only five randomly chosen EVMs through VVPAT paper slips. VVPAT, which allows voters to verify their votes, generates a paper slip stored in a sealed cover for potential disputes.

Previously, the court had mandated the Election Commission to increase the number of EVMs undergoing VVPAT verification from one to five per assembly segment in a parliamentary constituency. The bench, consisting of Justices BR Gavai and Sandeep Mehta, acknowledged the arguments made by lawyers representing activist Arun Kumar Agrawal, who advocated for a complete count of VVPAT slips.

Notices were issued to the Election Commission and the central government, with the hearing potentially scheduled for May 17. Agrawal’s legal team challenged the Election Commission’s guideline requiring sequential VVPAT verification, proposing simultaneous verification to expedite the process.

Despite the government’s substantial investment in VVPATs, only a fraction of the VVPAT slips are currently verified. The plea stressed the necessity for comprehensive VVPAT verification in light of concerns raised by experts and numerous past discrepancies between EVM and VVPAT vote counts, advocating for voters to physically deposit their VVPAT slips in the ballot box for proper verification.

SC Grants AAP Leader Jain Interim Bail Extension Till December 4

November 24, 2023, 12:16 pm

The Supreme Court has extended the interim bail granted to Satyendar Jain until December 4 in the ongoing money laundering case. The decision was deferred as Senior Advocate Abhishek Manu Singhvi informed the court that the matter is now listed before a two-judge bench comprising Justices AS Bopanna and Bela M. Trivedi.

Previously listed before Justices Bela M. Trivedi and Satish Chandra Sharma on November 24, the court adjourned the matter and continued the interim relief granted to Jain. The next hearing on the bail plea is scheduled for December 4.

In his appeal against the Delhi High Court’s rejection of his bail application in the money laundering case, Jain’s lawyer emphasized his client’s deteriorating health, revealing a 35-kilogram weight loss and skeletal transformation.

The Delhi High Court denied Jain’s bail application on April 6, citing his influence and potential tampering with evidence. According to the court, Jain failed to meet the two requirements of the Prevention of Money Laundering Act (PMLA).

The Delhi High Court, in its April 6 order, had dismissed Jain’s bail plea, citing his influence and potential tampering with evidence. The court stated that Jain failed to satisfy the twin conditions of the Prevention of Money Laundering Act (PMLA).

The Enforcement Directorate (ED) case, based on a Central Bureau of Investigation (CBI) complaint, alleges that Jain acquired movable properties between February 14, 2015, and May 31, 2017, without satisfactory explanation. Jain, arrested on May 30, 2022, is presently in judicial custody. The trial court dismissed his bail petition on November 17, 2022.

SC Validates June Session of Punjab Vidhan Sabha, Directs Governor to Clear Pending Bills

November 10, 2023, 6:06 pm

The Supreme Court declared the June session of the Punjab Vidhan Sabha as valid and instructed the Governor to process pending bills according to the law. The bench, led by Chief Justice of India DY Chandrachud, upheld the constitutional validity of the Punjab Assembly session held on June 19–20, 2023. While emphasizing that it has not expressed an opinion on the constitutional exercise of the governor, the court directed the governor to make decisions on bills submitted for assent during the mentioned session.

The court criticized the Punjab Governor for casting doubt on the session’s validity, asserting that any attempt to question the legislature’s session poses risks to democracy. It highlighted that the Speaker, recognized as the guardian of the House’s privileges, acted within his jurisdiction by adjourning the House sine die.

During the hearing, the court expressed concern over the situation in Punjab, stating that not passing bills and claiming the session is invalid is akin to playing with fire. Solicitor General Tushar Mehta urged the court to allow a week to find a constitutional solution. The case involves the delay in the Governor’s clearance of bills passed by the Punjab government, with the state government highlighting the non-compliance with Article 200 of the constitution regarding the bills’ processing.

Delhi AQI: AAP works to enforce Supreme Court air quality rules, holds meeting

November 8, 2023, 1:40 pm

Delhi Environment Minister Gopal Rai led a meeting involving relevant departments to ensure compliance with the Supreme Court’s instructions regarding pollution. Transport Minister Kailash Gahlot and Revenue Minister Atishi were also present during the meeting.

Rai emphasized that the AAP government would adhere to the Supreme Court’s pollution control guidelines. The Supreme Court has issued directives related to curbing pollution in Delhi, including putting an end to stubble burning in states where it occurs.

Despite deteriorating air quality and the ongoing pollution concerns affecting people’s health, reports of stubble-burning incidents in the Mamdot area of Ferozepur, Punjab, continued.

The national capital remained shrouded in a thick toxic haze, with air quality categorized as “severe,” as reported by the Central Pollution Control Board (CPCB) on Wednesday.

The Supreme Court expressed grave concerns about the hazardous air quality in Delhi and directed that farmers cease stubble burning immediately in Punjab, Haryana, and western Uttar Pradesh, considering it a major contributor to air pollution. The court also noted that the smog towers installed as per a prior order were not functioning and instructed the government to ensure their repair.

The top court further asked the chief secretaries of the respective states to hold a meeting, either physically or via Zoom, to address the pollution issue. It was observed that schemes like odd-even for vehicles, which have been used in the past to tackle pollution, were seen as mere optics.

Air pollution during winter months can be attributed to various factors, including dust and vehicular pollution, dry-cold weather, stubble burning, crop residue burning, and increased commuting.

Centre asks SC to leave it to Parliament on same-sex marriages

April 26, 2023, 5:38 pm

The Centre today asked the Supreme Court to take into account referring any issues highlighted in the arguments for legal recognition of same-sex marriages to Parliament.

Speaking on behalf of the government, Solicitor General Tushar Mehta told the five-judge Constitutional Court bench presided over by Chief Justice DY Chandrachud that the apex court is dealing with a “very complex subject” with “profound social impact.”

On the fifth day of the hearing, Mr Mehta stated, “The real question is who would take a decision on what constitutes marriage and between whom.”

He informed the court, which was made up of Justices SK Kaul, SR Bhat, Hima Kohli, and PS Narasimha, that the decision would have an impact on a number of other statutes and would require discussion in society and in numerous state legislatures.

Hearing in the matter is currently underway. More details are awaited.

The Constitution Bench started hearing arguments on 18 April.

Centre has opposed the petition seeking marriage equality. The Supreme Court is addressing several petitions that ask for the legal recognition of same-sex marriages. One of the early petitions brought out the lack of a legal framework that allowed members of the LGBTQ+ community to marry whoever they chose.

Sexual harassment case: SC issues notice to Delhi govt on pleas of 7 women wrestlers

April 25, 2023, 4:12 pm

The Supreme Court issued notice to the Delhi government and others on the pleas filed by seven women wrestlers who alleged that their FIR is not being registered regarding sexual harassment against WFI president Brij Bhushan Sharan Singh. The apex court said that these allegations are serious and need to be considered.

Meanwhile, top wrestler Bajrang Punia alleged on Tuesday that Wrestling Federation of India president Brij Bhushan Sharan Singh tried to sexually exploit seven female athletes, including a minor, forcing wrestlers to withdraw their police complaint. Some people from WFI offered money as well, Punia claimed during a press conference in Delhi’s Jantar Mantar.

The apex court first believed that the women’s wrestlers’ case might be scheduled for a hearing on Friday. However, it decided to take up the case right away after hearing some arguments from senior lawyer Kapil Sibal, who brought up the subject.

The bench stated that generally, a remedy to approach the police is accessible under Section 156 of the Code of Criminal Procedure (police officers’ power to investigate cognisable matters). The bench asked, “What are the charges?”

Sibal claimed that despite the law being quite clear on this subject, no FIR has yet been filed despite seven wrestlers, including a minor, making alleged sexual harassment claims.

There are seven female wrestlers, including a minor. A committee has submitted a report, but it has not been made public. And no FIR has been filed, he added.

The senior lawyer cited judgements when he indicated that failure to file an FIR for a crime of this sort could result in the prosecution of police personnel as well.

Taking note of the arguments, the bench stated, “There are significant claims of sexual harassment against Indian wrestlers raised in the petition.” This court needs to consider the subject.

During the brief hearing, the court was informed that the president of the Wrestling Federation of India (WFI) is also a BJP member of parliament.

Numerous award-winning wrestlers have been incessantly protesting at Delhi’s Jantar Mantar, demanding from the government that it make the probe regarding the sexual harassment case against Brij Bhushan Sharan Singh public.

SC grants bail to eight convicts in 2002 Godhra train burning case

April 21, 2023, 5:46 pm

The Supreme Court on Friday granted bail to eight convicts in the 2002 Godhra train burning case. The bail application of the four other accused, however, was denied due to their involvement.

The eight prisoners were granted bail by a panel led by Chief Justice DY Chandrachud on the grounds that they had served more than 17 years in prison.

These eight people were those whose life sentences had been affirmed by the Gujarat High Court order after they had been found guilty and sentenced to life in prison.

The Supreme Court, on Monday rejected the request for bail of those convicts who were awarded a death sentence by the trial court. Later, it was converted to life in prison by the Gujarat High Court.

The Gujarat government reaffirmed on Monday that the convicts in the Godhra train coach-burning case had committed serious crimes. Solicitor General Tushar Mehta claimed before the apex court that the accused had bolted the train’s door from the outside.

The convicts’ lawyers countered that they had already served 17 years in prison.

Some coaches of the Sabarmati Express caught fire at the Godhra Railway Station in Gujarat, killing at least 58 persons on 27 February, 2002.

After that, massive riots broke out in Gujarat as a result of the incident. In 2011, a local court found 31 people guilty and acquitted 63 others.

The trial court gave life sentences to 20 convicts and death sentences to 11 others.

Centre to SC: New Data Protection Bill likely to be introduced in Monsoon Session in Parliament

April 11, 2023, 12:50 pm

The government would introduce the Digital Personal Data Protection Bill during the forthcoming Monsoon Session of Parliament in July, Center notified the Supreme Court on Tuesday.
The case was scheduled for hearing in August before a five-judge Constitutional Court panel made up of Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and CT Ravikumar. The new Personal Data Protection Bill is ready and will be submitted in the Parliament’s Monsoon Session, according to Attorney General R. Venkatramani, speaking on behalf of the Centre.
The Attorney General stated, “The Bill is ready; it just needs to be introduced in Parliament during the monsoon session at the end of June, July.”

To this bench replied, “So, it will be under consideration if we list in July , August will be most practical.”

“We notice the Attorney General’s suggestion that a Bill covering several areas of the… addressing all concerns will be introduced during the Monsoon Session in July 2023. The matter should be presented to the Chief Justice of India for a bench to be formed, preferably in the first week of August, the bench mentioned in its order.
The petitioners’ attorneys asked the top court to list the case earlier because the bill hadn’t been introduced in the Parliament for a while.
“The consultation process is lengthy…We want a good law to be passed,” the Attorney General replied.

The bench was listening to two students’ complaints that WhatsApp’s 2021 Privacy Policy, which allows users’ data to be shared with the parent corporation Facebook and others, violates their right to privacy and free speech.
The Bill that addresses user privacy concerns and requirements for WhatsApp was requested by the top court last year. If the government did not comply, the case’s final hearing would start.
The Centre had previously stated that other WhatsApp users cannot discriminate against Indian users, and it had also informed the Supreme Court that the government had already withdrawn the previous Data Protection Bill and would be introducing a new one.

Karmanya Singh Sareen and Shreya Sethi, two students, brought a complaint before the Constitution bench alleging that the agreement between the two companies to allow access to calls, photos, texts, videos, and documents shared by users violates their right to privacy and their right to free speech.

RSS route march: SC reserves order on TN Govt plea against Madras HC order

March 27, 2023, 1:52 pm

The Supreme Court reserved its decision on the Tamil Nadu government’s appeal against the Madras High Court’s order directing state police to allow Rashtriya Swayamsevak Sangh (RSS) route marches in the state on Monday.

After hearing both parties’ submissions, a bench of justices V Ramasubramanian and Pankaj Mithal reserved the order. The court stated that it will take the plea into consideration.

Senior Advocate Mukul Rohatgi, representing the Tamil Nadu government, emphasized the importance of law and order and stated that a balance should be maintained. He stated that neither everything can be prohibited nor everything can be permitted.

In its petition, the Tamil Nadu government stated that there is no absolute right to hold a procession, which is subject to various restrictions.

In a statement, the lawyer said “How can there be the direction that marches can be held wherever desired.” Senior Advocate Mahesh Jethmalani, representing the RSS, stated that the state has prohibited the route marches due to the possibility of an attack.

He went on to say that fundamental rights cannot be restricted in this way because of someone else’s deception. “This has earlier passed off peacefully, no complaints were there,” the lawyer said.

RSS Senior Advocate Maneka Guruswamy questioned the status report filed by the Tamil Nadu Government in the matter, saying that public order and reasonable restrictions cannot be reduced to this type of status report. She informed the court of the status report, which stated that RSS processions could only take place in an enclosed area.

SC to hear slew of petitions seeking to criminalize marital rape on 9 May

March 22, 2023, 1:38 pm

The Supreme Court set 9 May for a detailed hearing on a slew of petitions seeking to criminalize marital rape. Indira Jaising, a senior advocate, raised the issue before a bench led by Chief Justice DY Chandrachud.

She informed the bench that the order of arguments and the common compilation in the case are complete. According to Solicitor General Tushar Mehta, the Centre’s response is ready but needs to be vetted.

The Apex court on 16 January had sought a response of the Centre on a batch of petitions pertaining to criminalization of Marital rape. The bench said that “List this on May 9, 2023.”

One of the petitions was filed in response to the Delhi High Court’s split decision on the issue. Khushboo Saifi, one of the petitioners before the Delhi High Court, filed this appeal, on May 11, last year, the Delhi High Court issued a split decision on the issue.

Person convicted for rape-murder found to be juvenile, SC sets aside death sentence

March 4, 2023, 3:27 pm

The Apex Court has set aside the death sentence of a rape-murder convict after the court finds out that the man was juvenile when the incident took place. A bench comprising of justices BR Gavai, Vikram Nath and Sanjay Karol set aside the death sentence of the accused, convicted in a December 2017 rape and murder case in Madhya Pradesh.

However, the SC upheld the order of Madhya Pradesh High Court which affirmed the trial court order convicting him in the rape and murder case. “The conviction of the appellant is upheld, however, the sentence is set aside. Further, as the appellant at present would be more than 20 years old, there would be no requirement of sending him to the JJB or any other childcare facility or institution. Appellant is in judicial custody. He shall be released forthwith,” the top court said.

The Apex court was hearing the plea challenging High Court of Madhya Pradesh, Indore’s Bench order dated 15 November, 2018. High Court of Madhya Pradesh affirmed the death sentence awarded by the Trial Court and at the same time dismissed the appeal preferred by the appellant against his conviction and sentence awarded by the Trial Court.

The Trial Court vide judgment dated 17 May, 2018 convicted the appellant.
During the pendency of these appeals, the appellant moved an application claiming juvenile and consequently the benefits available under the provisions of the Juvenile Justice (Care and Protection) Act, 2015.

Supreme Court adjourns hearing on PILs for 4-weeks over uniform laws on divorce

February 20, 2023, 5:05 pm

On Monday, February 20, the SC adjourned for 4-weeks on petitions seeking direction to the Centre to make gender and religion-neutral laws on uniform marriage age, divorce, maintenance and alimony.

A bench led by CJI, DY Chandrachud, adjourned the matter for 4-weeks. The court in addition, observed the question, to what extent the court can intervene in the prayer raised by the petitioner.

The court also noted that it is a legislative function and this is for government to consider and pass laws. Meanwhile, Solicitor General, Tushar Mehta, appearing for the Centre questioned whether gender-neutral laws can be done judicially. The court was hearing the petition filed by advocate Ashwini Upadhyay, which sought uniform grounds for divorce, alimony, succession, inheritance, adoption, marriage, and maintenance for all citizens of the country, keeping with the spirit of the Constitution and international conventions

Hindu Jan Aakrosh Morcha allowed only if ‘no hate speech’ is guaranteed: SC

February 3, 2023, 4:34 pm

The SC on Friday directed the Maharashtra government to ensure no use of hate speeches if the Hindu Jan Aakrosh rally is permitted in Mumbai on 5 February.
Justices KM Joseph and JB Pardiwala’s bench issued a directive stating that if the event is to take place, it would be subject to the requirement that no one will use hate speech, behave in defiance of the law, or disrupt public order. The bench stated that if the incident occurs, the police would videotape it, and the court should have access to its contents.
“Record submissions of Solicitor General that if permission is applied for holding the apprehended meeting on February 5, it will be considered and if permission is granted, it will be subject to the condition that nobody will make any hate speech or act in defiance of law and in violation of public order,” the bench said in its order.
During the hearing, Solicitor General Tushar Mehta, appearing for the Maharashtra government, gave the undertaking that action will be taken against hate speeches.
However, the Solicitor General also questioned the demand to stop the event, saying that it would amount to “pre-censorship”.
“See what happened in Uttarakhand and then State took action. If there is a replica of what happened then we cannot allow this,” Justice Joseph said.
“We may be reluctant to grant a relief that this procession is not held but it should be ensured that during this rally no rash statements are made and steps are taken and vigil is kept,” the bench added.
In support of the petitioner, senior attorney Kapil Sibal said that serious remarks made by attendees of a meeting on July 29—among them, an MP from the ruling party—should be taken into account before considering whether to permit a subsequent meeting.
A petition alleging that several events and demonstrations are organised throughout Maharashtra in support of the social and economic boycott of Muslims was being heard by the Supreme Court at the time.
The argument made in the petition was that a rally scheduled for February 5 in Mumbai will be used as a platform to sow division among groups and that the court should intervene to order the State authorities to take appropriate action and prevent it.

73 years of SC: Singapore Chief Justice to deliver first annual lecture

February 3, 2023, 3:37 pm

The Supreme Court of India is going to complete 73 years on Saturday. Chief Justice of Singapore Sundaresh Menon is scheduled to deliver the first annual lecture for the 73^rd Foundation Day of SC.

Today, Chief Justice of India (CJI) D Y Chandrachud’s bench is being observed and attended to by Justice Menon. Inviting Justice Menon to give the inaugural lecture on “The Role of the Judiciary in a Changing World” on February 4 in honour of the Supreme Court’s founding anniversary, CJI Chandrachud said it was an honour to have him.

The Supreme Court’s new building complex’s auditorium will host an event to celebrate the Supreme Court’s 73rd anniversary.

The top court of India came into existence in 1950. Earlier, it functioned from the Parliament House till it moved to the present building on Tilak Marg, New Delhi.

Two days after the nation became a Sovereign Democratic Republic on January 28, 1950, the supreme court was established.

The Council of States and the House of the People of India’s Parliament, which is housed in the same structure as the inauguration, meet in the Chamber of Princes.

In 1958, the Court relocated to the current structure. The structure is designed to resemble a set of scales. The centre beam of the scales is the building’s central wing. The East Wing and the West Wing, two New Wings, were built to the complex in 1979. There are a total of 19 courtrooms spread across the building’s various wings.

The largest court is the Chief Justice’s Court, which is situated in the Central Wing’s Center.

The Supreme Court was to have a Chief Justice and seven puisne judges under the original Constitution of 1950, which left it up to Parliament to increase this number. The Supreme Court’s website states that in the early years, all of the judges sat together to hear cases. However, as the court’s workload increased and case backlogs started to accumulate, Parliament increased the number of judges from 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986, 31 in 2009, and 34 in 2019 (current strength).

SC to hear plea against centre’s decision to ban BBC documentary

January 30, 2023, 12:11 pm

The Supreme Court agreed to hear a plea against Centre’s decision to ban BBC documentary on Prime Minister Modi 2022 Gujarat riots in the country. The apex court agreed to list the Public Interest Litigation on 6 February.

Advocate ML Sharma has filed the PIL mentioned the matter for early hearing before a bench headed by Chief Justice DY Chandrachud. The PIL sought quashing of the January 21 order of the Centre, terming it “illegal, mala fide, arbitrary and unconstitutional”.

The bench took note of the submissions made by senior advocates C U Singh and advocate ML Sharma seeking urgent listing of their separate PILs on the issue.

The PIL filed by advocate Sharma also urged the apex court to call and examine the BBC documentary – both parts I and II – and sought action against persons who were responsible and were involved directly and indirectly with the 2002 Gujarat riots.
PIL has raised a constitutional question and the apex court has to decide whether citizens have the right under Article 19 (1) (2) to see news, facts and reports on the 2002 Gujarat riots, Sharma said.

“Issue writ of mandamus to the Respondent for quashing of the impugned order dated January 21, 2023 issued under rule 16 of IT rule 2021 being illegal, malafide and arbitrary unconstitutional and void ab-initio and ultra vires to the Constitution of India to provide complete justice,” the PIL stated.

As per the sources, on January 21, the Centre had issued directions for blocking multiple YouTube videos and Twitter posts sharing links to the controversial BBC documentary.
Whether the central government can curtail freedom of press which is a fundamental right as guaranteed under Article 19 (1) (2) of the Constitution, asked the PIL.
It added, “Whether without having an Emergency declared under Article 352 of the Constitution of India by the president, Emergency provisions can be invoked by the central government?”

Ahead of byelection, EPS camp moves SC AIADMK party symbol

January 28, 2023, 12:22 pm

As the faction led by former chief minister Edappadi Palaniswami (EPS) filed a petition in the Supreme Court asking for a directive to the Election Commission of India (ECI) to grant it the symbol, the battle for the AIADMK’s two-leaf party symbol heated up on Friday, people familiar with the development said.

SC grants interim protection to filmmaker Leena Manimekalai

January 20, 2023, 2:22 pm

Leena Manimekalai, on Friday, was granted interim protection from any coercive steps, by the Supreme Court, in multiple FIRs lodged against her over the poster of her documentary film showing goddess ‘Kali’ smoking a cigarette.

A bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha issued notice to the States and directed that no coercive steps shall be taken against the filmmaker either on the basis of the FIRs which had already been lodged or on the basis of FIRs which may be lodged, concerning the ‘Kali’ poster row. Taking into account that the lodging of FIRs in multiple states may cause serious prejudice to the filmmaker and issued notice to the states on a plea for consolidation of all FIRs in one place.

Manimekalai had approached the top court seeking protection and quashing of the multiple FIRs registered against her in various States. The plea also sought clubbing of all the FIRs registered against her in Delhi, Uttar Pradesh, Madhya Pradesh, and Uttarakhand over the poster.

Manimekalai had previously said her attempt as a creative filmmaker was not to offend the religious sentiment of anyone but to depict the image of a radically inclusive goddess.
She said she also received open calls for violence against her, her crew, and her family; after she tweeted a poster of her film, Kaali.