Right to establish Educational Institutions is not a Fundamental Right, Hence it cannot be agitated under Article 32; SC [Read the Judgment]

The Supreme Court of India in a ruling [DM Wayanad Institute of medical sciences vs. Union of India and Another - Writ Petition (C) No. 441 Of 2015] rendered today has reaffirmed the settled legal position as established through a catena of decisions that under Article 32 it will not interfere with an administrative order where the constitutionality of the statute or the order made there...

Yakub Memon challenges the Death Warrant in SC pleading violation of Procedure

Yakub Memon, convicted in the 1993 Mumbai serial blasts, has now approached the Supreme Court challenging the death warrant for his execution which is scheduled on July 30. According to his new plea the Death warrant is illegal because it didn't follow proper procedure prescribed by the Supreme Court in Shatrughan Chauhan & Anr. v. Union of India & Ors..  In this Judgment Supreme...

Teesta Setalvad misappropriated charity money for personal expenses; Gujarat Govt. to SC

The Supreme Court of India is currently hearing an anticipatory bail plea raised by Teesta Setalvad in connection with the case of alleged violation of the Foreign Contribution Regulation Act, 2010. In that matter, on Wednesday, the Gujarat State Government made sharp allegations against Teesta Setalvad and her husband Javed Anand before the Supreme Court of India.The Gujarat State Police...

Validity of Aadhar Scheme: Central Government submits that the Scheme must not be rolled back; says citizens do not have a Fundamental Right to privacy

On Tuesday, the Supreme Court heard a batch of petitions against the decision to make Aadhaar cards mandatory by some State Governments for purposes like salary, Provident Fund, marriage and registration of properties. In the course of this hearing, the Centre argued before a 3 judge bench headed by Justice J. Chelameswar it has become too late to shut down the Aadhar scheme as the...

NGO Common Cause files PIL in SC challenging the appointment of CVC and VC as being in violation of SC guidelines

A PIL has been filed in the Supreme Court challenging the appointment of Mr. K.V. Chaudhary as the Central Vigilance Commissioner and Mr. T.M. Bhasin as the Vigilance Commissioner as being “illegal and arbitrary”.The PIL has been filed by the NGO, Common Cause; Admiral L. Ramdas- former Chief of Naval Staff; Dr. E.A.S. Sarma- former Secretary of Government of India; Mr. Ramaswamy R....

Madras High Court wants defamation to be decriminalized [Read the Judgment]

The Madras High Court opined on Tuesday that mere filing of a private complaint of defamation against a person for writing articles in a magazine could not make him a person with criminal background. The Madras HC said that the trend the world over is in favour of decriminalizing defamation. The Court also added that defamation laws should "avoid excessively punitive measures and penalties.”...

SC refers the Question of Citizenship of Illegal Migrants’ Children to a Constitution Bench

The Division Bench of the Supreme Court comprising Justices Ranjan Gogoi and Rohinton F Nariman referred the question whether the children of illegal migrants born India can obtain Indian citizenship, to a Constitution Bench.The court stated that, "We are referring to the Constitution bench the question as to whether the children of illegal migrants would get the benefit of Section 3 of...

Denial of Woman’s Right to wear her Religious Attire is not proper; Kerala HC allows Muslim girls to wear Hijab in AIPMT Exams [Read Order]

A Single Judge of Kerala High Court allowed two Muslim girl students to wear Hijab and full sleeve dress while appearing for the CBSE All-India Pre-Medical Entrance Test (AIPMT) on 25th July. The Students challenged the new dress code introduced by the CBSC for the AIPMT Examination.  Justice K. Vinod Chandran allowed the plea on the conditions that the girls shall be present before a...

No mercy for Rajiv Gandhi’s killers; Centre tells SC

The Centre today contended before the Supreme Court Constitution Bench that the assassinators of former Prime Minister Rajiv Gandhi did not deserve any mercy as the assassination was the result of a conspiracy involving foreign nationals.Solicitor General Ranjit Kumar argued, "Our former Prime Minister was killed by these people. There was a conspiracy to kill him in which foreign nationals...

Courts must ensure that criminal prosecution is not used as an instrument of harassment or for seeking private vendetta: SC [Read the Judgment]

Setting aside an order passed by the High Court, a Supreme Court Bench comprising of Justice Dipak Misra and Justice Prafulla C. Pant observed that the Courts must ensure that  criminal  prosecution  is  not  used  as  an instrument of  harassment  or  for  seeking  private  vendetta.The Court was hearing an appeal [Mr. Robert John D’Souza and Others vs. Mr. Stephen v. Gomes...

SC rejects Yakub Memon’s Curative Petition, likely to be hanged on July 30th

The Supreme Court on Tuesday rejected the curative petition of Yakub Memon, the lone death row convict in the 1993 Mumbai serial bomb blasts case. A bench of the Apex Court headed by Chief Justice HL Dattu dismissed ,Yakub's curative petition without hearing saying that the grounds raised in the Curative Petition which would not fall within the principles laid down in   the   ...

SC slams Trial Judge for passing an Order of Acquittal in Murder Trial as Witnesses not present; calls it a ‘Mock Trial’ [Read Jt]

Calling a trial that resulted in a judgment of acquittal under Section 232 Cr.P.C. after closing evidence pursuant to examination of one formal prosecution witness, as a ‘farce’, a ‘mock trial’ and comparable to an experimentation conducted by a child in a laboratory, the Supreme Court has come down heavily on the conduct of the trial judge, calling the course of conduct adopted in...