Kerala Govt Decision To Appoint Justice Manikumar As SHRC Chairperson Raises Questions

The Kerala Government’s decision to appoint Justice S Manikumar as the Chairperson of the State Human Rights Commission within a few months of his retirement as the Chief Justice of the Kerala High Court raises questions.Post-retirement appointments, which take place soon after retirement, cast a cloud on the perception of judicial independence. Justice Manikumar had a fairly long stint as the Chief Justice of the Kerala High Court from October 11, 2019 till April 23, 2023. In April, a ‘secret’...

S 482 CrPC - High Court Can Try To Read In Between The Lines While Considering Plea To Quash FIR : Supreme Court

The Supreme Court observed that, a High Court, while considering a petition seeking quashing of FIR/Criminal Proceedings under Section 482 CrPC, is empowered to take into account the overall circumstances leading to the initiation/registration of the case as well as the materials collected in the course of investigation."In frivolous or vexatious proceedings, the Court owes a duty to look...

Supreme Court Judge Justice PK Mishra Recuses From Hearing Umar Khalid's Bail Plea In Delhi Riots Larger Conspiracy Case

The Supreme Court on Wednesday adjourned the hearing of the bail application of former JNU scholar and activist Umar Khalid in Delhi riots larger conspiracy case after Justice Prashant Kumar Mishra recused.The matter was listed before a bench comprising Justices AS Bopanna and Prashant Kumar Mishra. As soon as the matter was taken, Justice Bopanna said, "This will come before some other...

Article 370 Case : Live Updates From Supreme Court [Day 4]

A Constitution Bench of the Supreme Court will continue its hearing today in the petitions challenging the decision of the Central Government to scrap the special status of Jammu and Kashmir by diluting Article 370 of the Constitution.A bench comprising Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice BR Gavai and Justice Surya Kant will hear...

'Gender' & 'Sex' Distinct Concepts; Right To Choose Gender Is Vested With The Individual : Kerala High Court

The Kerala High Court on Monday embarked upon an elaborate medico-legal discussion on the two concepts of 'gender' and 'sex', in an interesting decision raising the question as to whether the parents of a child with ambiguous genitalia would have the right to decide the gender of the child without the latter's consent and ignorant of the child's orientation.The Single Judge Bench of Justice...

Kuno Cheetah Deaths| Supreme Court Requests Centre To Take Into Consideration Suggestions Of Expert Committee In 'Right Earnest'

The Supreme Court on Monday closed the plea regarding the deaths of Cheetahs translocated to Madhya Pradesh’s Kuno National Park from the African continent, taking on record the submission of the Centre that all the members on the Consulting Panel of Cheetah Project Steering Committee are being consulted to carry on the project in a proper manner and to ensure further deaths are...

Though Nationalised Bank Employee Is 'Public Servant', Protection Under Section 197 CrPC Not Available : Supreme Court

The Supreme Court has observed that the protection of Section 197 CrPC is not available to a person working in a Nationalised Bank.Section 197 CrPC is attracted only in cases where the public servant is such who is not removable from his service save by or with the sanction of the Government, the bench of Justices B R Gavai and J B Pardiwala said.In this case, the accused was serving as...

Supreme Court Weekly Round-Up: July 31 To 6 August

Judgment/OrdersUAPA - 'Watali' Precedent Won't Apply If Evidence Is Of Low Probative Value On Surface Level Analysis: Supreme CourtCase title: Vernon v. State of MaharashtraCitation: 2023 LiveLaw (SC) 575The Supreme Court’s decision to grant bail to Bhima Koregaon-accused and activists Vernon Gonsalves and Arun Ferreira appears to have carved out a crucial exception in an otherwise...

Chattisgarh Liquor Scam : Supreme Court Asks UP Police To Not Take Coercive Steps On FIR Against Officials

The Supreme Court has asked the Uttar Pradesh Police to not take any coercive action in the FIR registered against Chhattisgarh government officials, including Indian Administrative Service (IAS) officer Anil Tuteja, over alleged making of duplicate holograms in connection with the liquor scam case. The Court has however not restrained the UP Police from investigating the matter.A...

Jammu & Kashmir Case | Constitution Does Not Allow Changing Whole State Into Union Territory : Sibal Tells Supreme Court [Day 3]

Arguing before the Supreme Court Constitution bench, which is hearing the batch of petitions challenging the dilution of Article 370 of the Constitution of India, Senior Advocate Kapil Sibal on Tuesday questioned the constitutionality of converting the State of Jammu and Kashmir (J&K) into a Union Territory (UT). Sibal is representing National Conference MP Mohammed Akbar Lone who...

Bilkis Bano Case : Supreme Court Asks How Convict's Earlier Writ Petition Could Have Been Admitted By Court

While hearing the Bilkis Bano case on Tuesday, the Supreme Court questioned the maintainability of the writ petition filed by one of the convicts in 2022, in which the Court had passed an order allowing the State of Gujarat to decide on the premature release of the life-convicts.A bench of Justices BV Nagarathna and Ujjal Bhuyan was hearing a clutch of pleas against the decision of the...

Article 370 Case | No Question Of Referendum In Our Constitution, Says Supreme Court When Petitioner Cited Brexit-Referendum [Day 3]

Today, the Supreme Court resumed its hearings in the batch of petitions challenging the dilution of Article 370 of the Constitution of India which stripped the erstwhile state of Jammu and Kashmir (J&K) of its special status. The Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant heard arguments raised...