CBI Vs CBI- Minimum Tenure Of Director Is To Ensure That A Suitable Officer Not Ignored Merely Because He Has Less Than 2 Yrs Of Future Service: SG Tushar Mehta

In his turn, Solicitor General Tushar Mehta pointed out the “inherent fallacies in the petitioners’ contentions on law, dehors the facts of this case”, keeping in mind the scheme of the CVC and DSPE Acts, the status and tenure of the CBI director and their interplay.Drawing the attention of the bench to the 1997 Jain Hawala case, he explained that the reason for which the Apex court saw...

Lack Of Remorse Doesn’t Indicate That There Is No Scope Of Reform: SC Commutes Death Sentence In Kidnap, Rape & Murder Case [Read Judgment]

‘Though we have noticed above that the possibility of reform of the accused is not completely precluded, we nevertheless share the concerns of the Trial Court and the High Court regarding the lack of remorse on behalf of the appellant and the possibility of reoffending.’While commuting a death sentence awarded to a rape and murder accused, the Supreme Court has observed that lack of...

Alok Verma Is Still Director Of CBI, Current Action Is Only A Temporary Measure: AG KK Venugopal Tells SC

Attorney General K. K. Venugopal on Wednesday countered each of the grounds raised by the petitioners in challenging the propriety of the October 23 order of the Central government sending CBI Director Alok Kumar Verma on leave.It has been the case of the petitioners, being Verma and NGO Common Cause, that in passing the impugned order, the government of India was only influenced by an...

SC Approves Witness Protection Scheme, 2018; Directs Centre, States, UTs To Set Up Vulnerable Witness Deposition Complexes In Every District Within A Year [Read Judgment]

‘The Union of India, as well as States and Union Territories, shall enforce the Witness Protection Scheme, 2018 in letter and spirit.’The Supreme Court on Wednesday approved the Witness Protection Scheme, 2018, prepared by Union of India and has directed it and all states and union territories to enforce the same in letter and spirit.The bench comprising Justice AK Sikri and Justice S...

SC Collegium Recommends Elevation Of 8 Advocates As Judges Of 4 High Courts [Read Resolutions]

The Supreme Court collegium has resolved to recommend elevation of eight advocates as judges of High Courts of Gujarat, Jharkhand, Calcutta and Gauhati.The collegium comprising Chief Justice of India Ranjan Gogoi, Justice MB Lokur and Justice AK Sikri made the following recommendations:Gujarat High CourtBhargav Dhirenbhai KariaMegha Bhupendra JaniSangeeta Kamalsingh VishenJharkhand...

HCs Cannot Adjudicate Upon Affidavits Or Disputed Questions Of Fact Under Article 226: SC [Read Judgment]

The Supreme Court, on Wednesday, reiterated that high courts cannot adjudicate upon affidavits or disputed questions of fact while hearing petitions under Article 226 of the Constitution of India, except in the “rarest of cases”.A bench comprising Justice R. Banumathi and Justice Indira Banerjee asserted, “ It is well settled that proceedings under Article 226 of the Constitution...

"Where Will The Judges Sit And Work? SC Rebukes WB Govt.& Calcutta HC For Lackadaisical Approach Towards The Severely-Inadequate Judicial Infrastructure In The State

The Supreme Court on Wednesday came down heavily on the West Bengal government and the Calcutta High Court for their lax approach towards the severely-inadequate judicial infrastructure in the state.In pursuance of the court’s order at the previous hearing on November 29, the Chief Secretary, the Finance Secretary and the Judicial Secretary of the state government were present personally in...

Allahabad HC Comes Down Heavily On Lawyer Who Played Fake Audio Clip Maligning A Judge In Court [Read Order]

The Allahabad High Court, on Monday, came down heavily on a lawyer, Ranjana Agnihotri, who, it said, was making orchestrated attempts at maligning the judges of the bench hearing her matter.The lawyer had played an audio clip during the hearing of a case filed by her father and being handled by her, soon after the bench hearing it expressed reservations over the maintainability of the...

SC ‘Effaces’ Uttarakhand HC Direction Restraining Criticism Of EVMs Used In State Assembly Elections [Read Order]

“The above observation in the impugned judgment be deemed to have been effaced from the record for all purposes in terms of this order, to which both the parties have no objection. We order accordingly.”The Supreme Court on Monday ordered that the observation made by the Uttarakhand High Court restraining political parties from criticizing Electronic Voting Machines (EVMs) used in...

SC Slaps 1 Lakh Fine Each On 5 States, 2 Lakh on Delhi Govt For Not Taking Mid-Day Meal Scheme “Seriously” [Read Order]

The Supreme Court, on Tuesday, slapped a fine of Rs. 1 lakh on five States—Andhra Pradesh, Odisha, Arunachal Pradesh, Meghalaya and Jammu and Kashmir, and Rs. 2 lakh on the Government of NCT of Delhi in a matter related to the implementation of the mid-day meal scheme in schools.These States had failed to create an online link, along with a chart, meant for monitoring the implementation...

SC Grants Interim Protection From Arrest To Rape Accused Who Later Married The Victim [Read Order]

The Supreme Court has granted interim protection from arrest to a ‘rape’ accused who later married the victim.Jaigopal Saiyam was accused of kidnapping a girl and committing rape on her repeatedly. He had approached the Madhya Pradesh High Court seeking anticipatory bail on the ground that he married with the prosecutrix and they were living together.Rejecting his bail plea, the high...

Any Challenge To Arbitrator Appointed Should Be Raised Before The Arbitrator Himself In First Instance: SC [Read Judgment]

“In the present case, arbitration proceedings commenced way back in 2013, much prior to coming into force of the amended Act and therefore, provisions of the Amended Act cannot be invoked.”The Supreme Court has reiterated that any challenge to the arbitrator appointed should be raised before the arbitrator himself under Section 13 of the Arbitration and Conciliation Act 1996, in the...