Chairman Of State Electricity Regulatory Commission Need Not Mandatorily Be A High Court Judge: SC [Read Judgment]

The Supreme Court, on Thursday, ruled that it is not mandatory to appoint a High Court Judge as the Chairperson of the State Electricity Regulatory Commission (SERC), which determines power tariff in the States.The Bench comprising Justice J. Chelameswar and Justice Sanjay Kishan Kaul noted that as per the Electricity Act, 2003, the Chairperson "may" be a Judge of a High Court for the...

Detention Order Can’t Be Quashed Merely For Not Providing Period Of Detention, Reiterates SC [Read Judgment]

Reiterating that an order of detention cannot be quashed merely on the basis that no period of detention was provided in the order, the Supreme Court set aside a Madras High Court order that had followed an earlier two-judge bench decision of the apex court which stands overruled by another three-judge bench.The Madras High Court, relying on apex court decision in Commissioner of Police...

Alleged Defamatory Statements Shall Have Reasonable Connection With The Discharge Of Public Duties By CM To Invoke Section 199(2) CrPC Proceedings: SC [Read Judgment]

Sections 199(2) and 199(4) CrPC provide an inbuilt safeguard which require the Public Prosecutor to scan and be satisfied with the materials on the basis of which a complaint for defamation is to be filed by him acting as the Public Prosecutor, the court said.The Supreme Court, invoking its inherent powers under Article 142 of the Constitution, closed criminal proceedings against a...

Policy Statement To Improve Mental Health Services At Central, State Level Filed, Centre Tells SC

The Supreme Court bench of Justice SA Bobde and Justice L Nageswara Rao, in the course of the hearing of a Criminal Miscellaneous Petition of the NHRC in the 1981 PIL filed by Professor Upendra Baxi in respect of mental health care services in India, was informed by the Central government that the policy statement as to the future roadmap and the steps that need to be taken at the State and...

Unnao Rape Case: Allahabad HC Orders Immediate Arrest Of BJP MLA Kuldeep Singh Sengar And Other Accused [Read Order]

The approach of the learned Advocate General not only exudes an unpleasant flavour, but raises doubts about the bona fides of the police authorities at the highest level, said the Bench.Allahabad High Court has ordered the arrest of BJP law maker Kuldeep Singh Sengar and other accused involved in the Unnao Rape Case.“We, in the circumstances, are inclined to direct the Investigating Agency...

Breaking: Kathua Rape And Murder-SC Takes Suo Motu Cognizance Of Obstruction By Lawyers; Issues Notice To BCI, Bar Associations [Read Petition & Order]

“Obstruction of process of law and delivery of justice, and that too by lawyers cannot be condoned and is unethical. Access to justice cannot be impeded by lawyers”“It is impermissible under law and ethics to prevent filing of chargesheet or oppose representation of victim's family by lawyer. Every party before any court is entitled to engage a lawyer and if advocates oppose this...

CJI’s Power As The Master Of The Roster Is Subject To The Caveat That This Power Is Exercised Fairly: Dave, Sibal Argues Shanti Bhushan’s Plea

The Supreme Court bench of Justices A. K. Sikri and Ashok Bhushan on Friday requested the assistance of the Attorney General in respect of the writ petition filed by Former Union Law Minister and Senior Counsel Shanti Bhushan seeking clarification of administrative authority of the Chief Justice of India as the ‘master of the roster’.“You are praying that any reference to...

Kathua Rape & Murder: Lawyers Ask SC To Take Suomotu Cognizance On Kathua Lawyer's Action Against Filing Of Charge Sheet, SC Agrees To Hear And Ask Lawyers To File Petition

A bench headed by Chief Justice Dipak Misra today agreed to hear a plea seeking some direction against the Jammu and Kashmir and Kathua Bar lawyers who prevented the Crime Branch from filing charge sheet against 7 accused in the gang rape and murder of 8-year-old girl.A group of Supreme Court lawyers  mentioned the matter and said a "judicial notice of the shocking conduct of Jammu Kashmir...

Aadhaar [Day-28]There Is No Surveillance Under The Aadhaar Scheme: Senior Advocate Rakesh Dwivedi

As the hearing in the string of writ petitions challenging the constitutionality of the Aadhaar project resumed on Thursday, Additional Solicitor General (ASG) Tushar Mehta continued his submissions on the mandate of linking Aadhaar number with bank accounts under the Prevention of Money Laundering Act of 2002 (PMLA)and the Rules framed thereunder.Referring to sections 2(1)(wa) and 12(1)(c)...

"History Will Not Pardon Us": Read The Full Text Of Justice Kurian Joseph's Letter To CJI Dipak Misra

Esteemed Chief Justice Shri Dipak Misraji,Today, we complete three months since we resolved to recommend Ms. Indu Malhotra, Senior Advocate and Justice K.M. Joseph for appointment as Judges of the Supreme Court. To my limited information, it is the first time in the history of this Court where nothing is known as to what has happened to a recommendation even after three months. Government owes...

ECI Tells SC It Has Been Seeking More Independence, Rule-Making Powers Since 1998 [Read Affidavit]

Responding to a PIL for more autonomy and independence to the Election Commission of India, the Commission has told the Supreme Court that it has been sending the proposal to the Centre for amendments to this effect since 1998 and seeking that the rule-making power, which as present rests with the Centre, be given to it.The ECI said so in an affidavit filed in response to a PIL moved by...

SC/ST Act Ruling Led To Commotion, Anger & Disharmony: Centre To SC [Read AG’s Written Submissions]

Also reminding the Supreme Court about 'separation of powers' enshrined in the Constitution, AG K K Venugopal’s written submissions said: “The entire judgment is vitiated by the fact that the court proceeds on the basis that it can legislate and has the power to make laws when none exists”.Vehemently urging the Supreme Court to recall its March 20, 2018 order that laid down...