Aadhaar Hearing: Day-1 (Summary) ‘Eminent Domain Does Not Extend To Human Body’, Argues Shyam Divan

The hearing on a string of writ petitions challenging the constitutionality of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act of 2016 commenced on Wednesday before the five-judge constitution bench of the Supreme Court.Given the critical significance of the matter in issue and the exhaustive nature of the hearing, Attorney General KK Venugopal...

There Should Be Roster Of Allotment Of Matters Available In The Public Domain: SCBA To CJI

Amidst the on-going differences between four senior most judges of Supreme Court with Chief Justice of India (CJI)  Dipak Misra over the allocation of cases,  the Supreme Court Bar Association (SCBA) has suggested for roaster of allotment of matters which should be available in the public domain.The Supreme Court Bar Association President Vikas Singh, Vice President Shukumar Pattjoshi...

Aadhaar Is A Switch Which Can Cause Civil Death Of An Individual: Senior Advocate Shyam Divan Submits Before 5-Judge Constitution Bench [Read Opening Statement]

The hearing on the Constitutional validity of Aadhaar cards is currently progressing in the Supreme Court, with Senior Advocate Shyam Divan submitting that the Aadhaar "seeks to tether every resident of India to an electronic leash".As per the opening statement on behalf of the Petitioners as handed over in Court today, Mr. Divan explains, "This leash is connected to a central data base that...

Ex-PMs, Presidents Be Barred From Occupying Govt Bungalows? SC To Hear Central Govt [Read Order]

The Supreme Court today said it will hear the law officers of the central government before considering the plea of amicus curiae Gopal Subramanium to expand the ambit of plea to ban ex-Chief Ministers of UP from occupying government bungalows and make it applicable to former Presidents and Prime Ministers too.It is necessary to hear law officers of the central government and of the...

Marital Rape: Married, Married But Separated, & Unmarried-Classifying Rape Victims Is Unconstitutional: Petitioners Submit Before Delhi HC [Read Written Submissions]

If slapping and anal rape in marriage is criminal why isn't rape? Pressing against provisions allowing “legal rape” of married women and the unconstitutional classification of rape victim as married, married but separated and unmarried, the RIT Foundation and The All India Democratic Women's Association (AIDWA) has submitted before the Delhi High Court that when sodomy, sexual...

Judge Loya Case To New Bench?

While adjourning the petitions seeking independent probe into Judge Loya’s Death, the Supreme Court bench of justices Arun Mishra and M Shantanagoudaron Tuesday directed the matter to be placed "before the appropriate bench". This might be an indication of the PIL being moved to a new Bench.It may be recalled here that the issues surrounding Judge Loya's death are being considered as...

SC Constitution Bench To Begin Final Hearing On Validity Of Aadhaar Cards Tomorrow

A five-judge constitution bench headed by the Chief Justice Dipak Misra will commence the much-awaited hearing on the constitutional validity of Aadhaar cards on Wednesday.The landmark hearing comes five months after a nine-judge bench of the Supreme Court ruled that Indians enjoy a fundamental right to privacy, that it is intrinsic to life and liberty and thus comes under Article 21 of...

CJAR Seeks In-house Inquiry Against Chief Justice Of India

The Campaign for Judicial Accountability and Reforms (CJAR) has made a complaint under the in-house procedure seeking inquiry by a committee of three/ five judges against the Chief Justice of India in relation to medical college scam.The complaint has been made by the executive committee of CJAR to five senior-most judges of the apex court after the CJI i.e. Justice J Chelameswar, Justice...

Bofors Case: What Is Your Locus To File Appeal? SC Asks BJP Leader [Read Order]

CHIEF JUSTICE DIPAK MISRA: “We expect the petitioner to argue the matter on the next date of hearing and argue the parameters on grant of leaves” “PILs are used in personal battles, political battles, commercial battles, publicity battles and now we are seeing it in criminal jurisprudence. Criminal appeals can only be filed by State or relatives of victim. Why is third party bothered...

SC To Decide If Sec. 24(2) Of 2013 Land Act Applies To Pvt Firms As Farmers Challenge Gujarat HC Ruling In Favour Of RIL [Read Order]

The Supreme Court has issued notice on appeal filed by farmers/ land owners challenging the 2017 Gujarat High Court rule that in case of acquisition of land for private companies, Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, providing for lapse of acquisition proceedings if the land so acquired is not...

SC Reprimands CBI For Delay In Registration Of FIRs In Fake Encounter Cases In Manipur

The Supreme Court special bench of Justice Madan B Lokur and Justice UU Lalit on Tuesday reprimanded the Central Bureau of Investigation (CBI), on account of its failure to register FIRs in respect of the fake encounters of innocent persons by police personnel and personnel in uniform in the state of Manipur.By judgment dated July 14, 2017, the bench had held, “... it would be appropriate...

Khap Panchayats Can't Question Adult's Choice Of Marriage :SC

“You can take it from us. Whatever the Amicus may say about the Khap Panchayats, we are not concerned. What we are concerned with is the freedom of an adult girl or boy to pick their spouse. Even if a legislation is not passed, the concept will be evolved. But the changes cannot be expected to come in a regressive society”, said CJIOn Tuesday, the Supreme Court bench of Chief Justice Dipak...