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Supreme Court News Updates Weekly Round Up [October 31 to November 6]
LIVELAW NEWS NETWORK
6 Nov 2022 10:45 AM GMT
![Supreme Court News Updates Weekly Round Up [October 31 to November 6]](https://www.livelaw.in/h-upload/2022/02/13/750x450_409634-sc-weekly-roundup-new.jpg "Supreme Court News Updates Weekly Round Up [October 31 to November 6]")
NEWS THIS WEEKSupreme Court Quashes Criminal Defamation Case Against Aroon Purie, Former India Today Chief EditorSupreme Court bench comprising Chief Justice UU Lalit, Justices Ravindra Bhat and Bela M Trivedi granted relief to Aroon Purie, founder-director of India Today in defamation suit. The petition was filed by Aroon Purie challenging the criminal defamation complaint filed over a 2007...
NEWS THIS WEEK
Supreme Court Quashes Criminal Defamation Case Against Aroon Purie, Former India Today Chief Editor
Supreme Court bench comprising Chief Justice UU Lalit, Justices Ravindra Bhat and Bela M Trivedi granted relief to Aroon Purie, founder-director of India Today in defamation suit. The petition was filed by Aroon Purie challenging the criminal defamation complaint filed over a 2007 news article "Mission Misconduct" in India Today magazine. However, the court did not grant relief to the author of the news article.
The Central Government has told the Supreme Court that the Citizenship Amendment Act 2019 does not violate the cultural rights of the indigenous people in Assam and North Eastern States.
In an additional counter-affidavit filed in the Supreme Court specifically addressing issues raised in relation to North-Eastern states, the Ministry of Home Affairs said that "there is no provision in CAA which would affect the distinct language, script or culture of citizens of Assam and other North-Eastern States".
Supreme Court Adjourns Hearing Of Petitions Challenging Citizenship Amendment Act To December 6
The Supreme Court adjourned the petitions challenging the Citizenship Amendment Act, 2019 to December 6 2022. The matter was heard by a bench comprising Chief Justice UU Lalit, Justices Ravindra Bhat and Bela M. Trivedi.
The bench decided to treat the petition filed by the Indian Union Muslim League as the lead matter.
The Court also appointed two lawyers as nodal counsels who will ensure that the compilations are ready by the next date.
Supreme Court Refuses To Entertain Plea Seeking To Set Up Anti-Corruption Courts In All Districts
Supreme Court bench comprising CJI UU Lalit, Justice Ravindra Bhat and Justice Bela M. Trivedi on Monday refused to entertain a plea seeking the setting up of anti-corruption courts with a mandate to dispose of each case within a year in all districts across India. The bench orally remarked that the petition was not concrete. Accordingly, the bench advised the petitioner to withdraw the petition. The petition was thus withdrawn.
The Supreme court bench comprising Chief Justice UU Lalit, Justices Ravindra Bhat and Bela M. Trivedi issued notice in a petition challenging Section 62(5) of the Representation of the People Act, 1951, which deprives prisoners of their right to vote. The matter has been listed for December 9, 2022.
Supreme Court Of India Issues Notice On Plea Challenging Aadhaar-Voter ID Card Linkage
The Supreme Court bench of Justices Sanjay Kishan Kaul and Abhay Shreeniwas Oka on Monday issued notice in a petition challenging the power of the Election Commission of India to use the Aadhaar database in the process of deletion and updation of entries in the electoral roll.
The Supreme Court on Monday adjourned a batch of petitions challenging Section 124A of the Indian Penal Code which criminalises sedition to January 2023. The matter was heard by bench comprising CJI UU Lalit, Justice Ravindra Bhat and Justice Bela M Trivedi.
At the very outset, the Attorney General for India R. Venkataramani said that the Centre is in the process of reviewing criminal laws.
Supreme Court Issues Notice On Plea Seeking National Plan To Deal With Lumpy Skin Disease In Cattle
The Supreme Court on Friday sought responses from the States and the Centre on a petition seeking directions to formulate a national health plan to deal with the lumpy skin disease which is spreading among the cattle of the country.
A bench of Justices Surya Kant and J. B. Pardiwala considered a petition filed by Aryavarta Mahasabha Foundation which raised the question whether the Centre has any national plan on lumpy skin disease preparedness and whether the States have prepared any plan to stop the spreading of the disease and further death of the cattle.
Exclusion Of Sri Lankan Tamils From CAA Must Also Be Looked At : DMK Tells Supreme Court
The Supreme Court bench comprising Chief Justice UU Lalit, Justices Ravindra Bhat and Bela M. Trivedi heard the petitions challenging the Citizenship Amendment Act, 2019 on Monday.
During the hearing, Senior Advocate P Wilson, appearing for Dravida Munnetra Kazhagam (DMK) party sought reply from the Centre on the applicability of the 2019 Act on the Hindu Tamils in Sri Lanka.
Supreme Court Extends Stay On Further Lokayukta Proceedings Against Former Karnataka CM Yediyurappa
The Supreme Court, on Monday, impleaded State of Karnataka to the proceedings assailing the order of the Karnataka High Court, whereby a bribery complaint, filed against former Chief Minister B.S. Yediyurappa, his son B.Y. Vijayendra and others alleging offences under Prevention of Corruption Act, had been restored.
At the request of Senior Advocate, Mr. Siddharth Dave, representing Yediyurappa, a Bench comprising Justices D.Y. Chandrachud and Hima Kohli impleaded the State Government and issued notice to it. The Bench that though the dispute was between private parties the assistance of the State would be beneficial in the matter.
Supreme Court Posts Gyanvapi Masjid Case On November 10 After Urgent Mentioning By Hindu Plaintiffs
The Supreme Court on Monday, agreed to post the Gyanvapi Masjid case on November 10, after an urgent mentioning was made by the Hindu plaintiffs.
Advocate Vishnu Shankar Jain made an urgent mention before a bench comprising Justice Chandrachud saying that the matter was to be listed on 20th October 2022. The counsel pointed out that the Court's order to preserve the area where a Shivling was reportedly found in the Gyanvapi masjid premises during the survey will expire on 12th November, 2022.
Supreme Court Refuses To Entertain PIL To Abolish 'Sahayak System' In India Army
The Supreme Court on Monday refused to entertain a Public Interest Litigation seeking the abolition of the 'Sahayak' system in the Indian Army. The matter was heard by a bench comprising Chief Justice UU Lalit, Justice Ravindra Bhat and Justice Bela M Trivedi.
The term 'Sahayak' means 'buddy' which in army parlance means pairing two soldiers during operations and peacetime postings. This system ensures that the two take care of each other during the war and in peace. It is a colonial system where combat soldiers were treated as orderlies or 'Sahayaks' to maintain the uniforms of the officers.
While hearing suo moto case regarding the incident in Rajkot, Gujarat on 26.11.2020, resulting in the death of Covid patients in the Covid Hospital, on Monday, the Supreme Court bench of Justices D.Y. Chandrachud and Hima Kohli curious to know what the State of Gujarat's plan of action is, asked the State Government to file an affidavit providing updated position on plans.
In a plea filed by the Central Administrative Tribunal (CAT) Bar Association Kolkata seeking filling up of vacancies at the Kolkata Bench of CAT, the Supreme Court bench comprising of Justices D.Y. Chandrachud and Hima Kohli, on Monday, further extended the terms of one Judicial Member and one Administrative Member till appointment to the posts of the judicial and administrative members lying vacant in the CAT, Kolkata Bench is made and the new members take charge. The extension ought to be effective subject to their availability of the concerned members.
Supreme Court Issues Notice On Plea Seeking To Examine Efficacy Of Anti-Rabies Vaccines
The Supreme Court on Monday issued notice in a petition seeking to constitute an independent expert committee to study the efficacy of the Intra Dermal Rabies Vaccines (IDRV) currently being administered to Humans and Rabies Veterinary Vaccine, administered to dogs in India.
A Bench of Justices Ajay Rastogi and CT Ravikumar issued notice after hearing Advocate Kuriakose Varghese assisted by Advocate V Shyamohan.
A public interest litigation has been filed before the Supreme Court in wake of the recent Morbi bridge collapse in Gujarat, that claimed 137 lives.
The matter was mentioned today before the CJI, seeking immediate intervention by establishment of judicial enquiry commission under the supervision of Retired Supreme Court Judge. Court posted the matter for further hearing on 14th November.
Chief Justice of India U.U. Lalit on Tuesday asked the Supreme Court registry to provide an explanation for not listing a matter which had been ready to be listed for a year and a half.
The issue arose when a bench comprising CJI UU Lalit and Justice Bela M Trivedi came across a matter which had long remained pending in the Supreme Court despite it being ready for listing.
Supreme Court Asks ECI To Consider Plea To Remove Symbols of Political Parties From EVMs
The Supreme Court today disposed of a petition filed by BJP leader and Advocate Ashwini Kumar Upadhyay seeking removal of party symbols from EVMs.
A bench headed by Chief Justice of India UU Lalit said that ends of justice would be met if the Petitioner's representation is considered by the Election Commission of India.
Supreme Court bench comprising CJI UU Lalit and Justice Bela M. Trivedi on Tuesday directed that the plea concerning freebies during election campaigns be listed before a three-judge bench.
The court stated that considering the nature of the controversy and submissions made by the parties in the earlier hearings, the matter would be listed as early as possible.
Supreme Court Admits Plea Against Abolition Of State-Funded Madrassas In Assam
The Supreme Court of India bench of Justices Ajay Rastogi and C. T. Ravikumar on Tuesday admitted a special leave petition against a Gauhati High Court decision upholding a 2020 Assam Assembly law, according to which all state-run madrassas were to be converted into general educational institutions.
The Supreme Court, on Tuesday, commenced with the hearing of the petition filed by Malayalam news channel Media One against Kerala High Court's order upholding the telecast ban imposed on it by the Ministry of Information and Broadcasting, by not renewing its broadcast license.
Appearing before a Bench comprising Justices D.Y. Chandrachud and Hima Kohli, Senior Advocate Dushyant Dave representing the channel, submitted that the Cable Television Networks (Regulation) Act, 1995 which also makes provision for renewal of licenses, does not contemplate any security clearance from MHA at the renewal stage.
The Supreme Court, on Tuesday, commenced with the hearing of the petition filed by Malayalam news channel Media One against Kerala High Court's order upholding the telecast ban imposed on it by the Ministry of Information and Broadcasting, by not renewing its broadcast license.
During the hearing, Senior Advocate Dushyant Dave appearing before a Bench comprising Justices D.Y. Chandrachud and Hima Kohli, on behalf of the channel objected to 'sealed files' submitted by the Ministry before the Court. He beseeched the Bench to settle the law with respect to, 'whether sealed covered affidavits or materials can be given by parties to the Court behind the back of the other parties and whether the court can rely upon such material for depriving the other side of having access to it'.
Supreme Court bench comprising Chief Justice UU Lalit and Justice Bela M. Trivedi disposed of a petition seeking directions to the Central Government to permit NRIs and migrant labourers to exercise their franchise through casting their votes by postal ballots. The bench remarked that the matter was not fit to be taken up by the court since it had already passed directions to form a committee in this regard.
Is Principle Of Rounding Off Permissible In Open Competition ? Supreme Court Issues Notice
Is the principle of rounding off permissible in the open competition? The Supreme Court bench comprising of Justices Ajay Rastogi and CT Ravikumar issued notice in a Special Leave Petition which raised this issue.
A candidate for the post of TGT on batch wise basis under ex-serviceman category had approached the Himachal Pradesh High Court seeking a declaration that his percentage in graduation i.e. 44.8 be considered as 45% for the purpose of selection. The High Court disposed of the petition directing the authorities to consider the petitioner.
A Constitution Bench of the Supreme Court, on Tuesday, posted the batch of petitions filed by both the Uddhav Thackeray faction and the Eknath Sindhe faction in relation to the political crisis in the State of Maharashtra, for directions, on 29th November, 2022.
Upon the agreement of Counsel representing all the concerned parties on certain procedural directions, the 5-Judge Bench comprising Justices D.Y. Chandrachud, M.R. Shah, Krishna Murari, Hima Kohli and P.S. Narasimha recorded the following directions for effective hearing of the clutch of petitions.
A Constitution Bench of the Supreme Court comprising of Justices D.Y. Chandrachud, M.R. Shah, Krishna Murari, Hima Kohli and P.S. Narasimha, on Tuesday, posted the pleas challenging the constitutional validity of extending political reservation granted to the Scheduled Caste and Scheduled Tribe communities in Lok Sabha and State Legislature beyond the original ten years contemplated by the Constitution, for directions, on 29th November, 2022.
Chief Justice UU Lalit on Tuesday recused himself from hearing an appeal of the Andhra Pradesh government against a verdict of the High Court of Andhra Pradesh which held that the State Legislature was not competent to bring out legislations shifting, bifurcating or trifurcating the capital and Heads of Departments of the three wings of the Government.
The appeal against the decision of the High Court was listed before a bench comprising Chief Justice UU Lalit and Justice Bela M Trivedi.
A Constitution Bench of the Supreme Court, on Tuesday, posted the pleas challenging the constitutional validity of Section 6A of the Citizenship Act inserted by way of an amendment in 1985 in furtherance of the Assam Accord, for directions, on 13th December, 2022.
Senior Advocate, Mr. Kapil Sibal apprised the 5-Judge Bench comprising Justices D.Y. Chandrachud, M.R. Shah, Krishna Murari, Hima Kohli and P.S. Narasimha that several documents, including 'very old' documents, relevant to the present proceedings are with the Supreme Court Registry. He requested the Bench to pass an order to the Registry to permit them to access the same.
Can The Post Of Deputy Mayor In Municipal Corporation Be Reserved? Supreme Court To Consider
The Supreme Court of India on Tuesday issued notice in a petition challenging the move of the Bihar State government to reserve the post of the Deputy Chief Councillor in a municipal corporation.
A Bench of Justices Surya Kant and JB Pardiwala issued notice after Senior Advocates Neeraj Kishan Kaul and Gopal Shankarnarayan, assisted by Advocate on Record Rahul Shyam Bhandari made preliminary submissions.
The Supreme Court on Tuesday commenced hearing on the issue of whether striking down of a provision granting immunity from arrest would have retrospective application, especially in view of rights protected under Article 20 of the Constitution.
The 5-Judge Bench of Justices S.K. Kaul, Sanjiv Khanna, A. S. Oka, Vikram Nath and J. K. Maheshwari was hearing the matter.
The Supreme Court on Wednesday dismissed a petition which sought to restrain Justice DY Chandrachud from taking oath as the next Chief Justice of India.
A bench comprising Chief Justice of India UU Lalit, Justice Ravindra Bhat and Justice Bela M Trivedi considered a petition filed by Mursalin Asijith Shaikh.
"We find the entire petition to be misconceived", the bench observed.
Senior Advocate Dushyant Dave told the Supreme Court on Wednesday that the Malayalam news channel MediaOne, whose broadcast license was not renewed by the Centre in January this year citing security concerns, has never violated the Programmed Code.
"There is no allegation that the channel has violated the Program Code. The only crime is that the channel is owned by people of the minority community", Dave submitted before a bench comprising Justices DY Chandrachud and Hima Kohli. He added that the channel is "widely respected among Malayalees" and that renowned persons participate in the debates conducted by it.
The Supreme Court of India bench of Justices KM Joseph and Hrishikesh Roy on Wednesday adjourned, by three weeks, a plea filed by a woman in 2014 seeking transfer of a defamation suit filed by a former judge of the Supreme Court from Delhi High Court.
The judge filed the defamation suit against the woman after she alleged that she was sexually harassed by him while she was a law intern. Certain media reporters were also named as defendants in the suit.
On Wednesday, the Supreme Court continued hearing the plea filed by Malayalam news channel Media One against Kerala High Court's order upholding the telecast ban imposed on it by the Ministry of Information and Broadcasting. The Ministry had refused to renew the uplinking permission for Media One citing denial of security clearance by the Union Ministry of Home Affairs.
After hearing the contentions raised by the Counsels representing the interest of Media One, and brief submissions of Additional Solicitor General, Mr. K.M. Nataraj, a Bench comprising Justices D.Y. Chandrachud and Hima Kohli had orally put forth some doubts and sought the ASG's assistance regarding the same.
A petition has been filed in the Supreme Court seeking directions to the Union of India and the States to provide free sanitary pads to girls studying from Class 6th to Class 12th and to provide a separate girls' toilet in all Government aided and residential schools.
The petitioner Jaya Thakur points out that females aged between 11 to 16 years coming from poor backgrounds often lack access to hygienic methods.
Supreme Court Judge, Justice Ajay Rastogi on Wednesday expressed displeasure with the court registry for not listing a matter despite a specific order passed by the Bench of which he was a member. On being informed by the counsel for one of the parties that the matter had not been listed despite repeated efforts and even after receiving the approval of the Bench in the form of an order, Justice Rastogi told the Court Master, "Once a date is passed by this Court for listing, the Registry has no business changing it."
The Supreme Court on Wednesday asked the Centre, once again, to "sensitively" consider the issue of inclusion of disabled people to the Indian Police Service, Indian Railways Protection Force Service and Delhi, Daman & Diu, Dadra and Nagar Haveli, Andaman and Nicobar Islands and Lakshadweep Police Service.
A Bench of Justices Abdul Nazeer and V Ramasubramanian was considering a petition filed by an NGO, National Platform For The Rights Of The Disabled challenging the blanket exclusion of disabled persons from the abovementioned services.
upreme Court bench comprising Chief Justice UU Lalit, Justice Ravindra Bhat and Justice Bela M Trivedi refused to entertain a petition praying to constitute expert committees to weed-out corruption in India.
The Public Interest Litigation was filed by Advocate Ashwini Upadhyay who sought directions to Centre, States and Union Territories to set up expert committees to examine good practises of the countries ranked above top 20 in Corruption Perception Index and accordingly take apposite steps to weed out bribery, black money generation, benami transaction, tax evasion, money laundering profiting, hoarding etc. The petition alternatively prayed for the Law commission to suggest steps to improve India's Corruption Perception Index ranking.
Supreme Court refused to entertain a petition seeking to allow both side use of A-4 size papers in all judicial and quasi judicial proceedings. The matter was heard by bench comprising of CJI UU Lalit, Justices Ravindra Bhat and Bela M Trivedi.
The petition was filed by 'Youth Bar Association of India' which sought directions to High Courts', Tribunals, Judicial and Quasi-judicial authorities within the territory of India to consider changing rules to allow both side of a page to be used in all judicial proceedings. Necessary guidelines were sought in this regard.
Supreme Court Dismisses Plea To Change Name Of Bombay High Court As Maharashtra High Court
The Supreme Court on Thursday dismissed a petition which sought to change the name of Bombay High Court as Maharashtra High Court.
A bench comprising Justices Aniruddha Bose and Vikram Nath dismissed the petition filed by VP Patil after noting that it is a matter to be decided by the Parliament. The bench said that it cannot interfere with the Parliamentary procedure.
The Supreme Court on Wednesday reserved its judgment on the issue of whether striking down of a provision granting immunity from arrest would have retrospective application, especially in view of rights protected under Article 20 of the Constitution.
The 5-Judge Bench of Justices S.K. Kaul, Sanjiv Khanna, A. S. Oka, Vikram Nath and J. K. Maheshwari heard SG Tushar Mehta, for the UOI, and ASG S. V. Raju, for the CBI. Earlier, the SG had stated that once a provision is struck down, it would be considered as if the provision never existed. Senior Advocate Arvind Datar had refuted that submission.
Live-Streaming : Trying To Have A National Infrastructure Which HCs Can Also Use, Says Supreme Court
The Supreme Court on Thursday said that it is trying to set up a national platform for live-streaming, which can be used by the High Courts as well.
A bench comprising Justices DY Chandrachud and Hima Kohli said this orally while hearing a petition filed by Advocate Mathews J Nedumpara seeking a uniform platform for live-streaming.
The bench told the petitioner that the Court is trying to take steps to institutionalise the directions issued in the 2018 Swapnil Tripathi case judgment which approved live-streaming of the Court hearings.
No Communication From Vijay Mallya, Lawyer Tells Supreme Court
Fugitive businessman Vijay Mallya's lawyer requested the Supreme Court on Thursday to relieve him from representing Mallya in a case as he is not receiving any communications from the liquor baron who is at present residing in the United Kingdom.
"I want to be discharged from this matter. I am not receiving any instructions from this man", Advocate EC Agarwala told a bench comprising Justices DY Chandrachud and Hima Kohli. The bench was considering two special leave petitions filed by Mallya in relation to a monetary disputes with the State Bank of India.
Supreme Court bench comprising CJI UU Lalit and Justice Bela M Trivedi directed registry officials responsible for not listing a mater which had been 'ready' for one and a half years to file an explanation for the same by November 5 2022.
The issue arose on 01.11.2022, when the bench led by CJI Lalit came across a matter which had long remained pending in the Supreme Court despite it being ready for listing. The bench had issued notice to the registry to file an explanation regarding why the matter was not listed before the court for a year and a half despite it being ready.
1984 Anti-Sikh Riots : Supreme Court Takes On Record SIT Report
The Supreme Court on Thursday took on record the summarised report filed by a Court-constituted Special Investigation Team in relation to the 1984 anti-Sikh riots cases.
A bench comprising Justices AS Bopanna and PS Narasimha adjourned the hearing of a plea seeking probe into the 1984 riots after two weeks, to peruse the report.
Senior Advocate HS Phoolka, appearing for the Petitioner S. Gurlad Singh Kahlon, cited the SIT report filed on 29th November 2019 and stated that sham trials are being taken up.
Supreme Court bench comprising Chief Justice UU Lalit and Justice Bela M Trivedi adjourned a petition seeking directions to the Ministry of Urban Development to convert land measuring 1.33 acres, that was allotted to the Supreme Court, into chamber blocks for lawyers. The matter is now listed for 21st November 2022.
Indian Olympic Association : Supreme Court Accepts Proposal To Hold Elections On December 10
The Supreme Court, on Thursday, permitted the amendment to the Constitution of the Indian Olympic Association (IOA) as proposed by retired Supreme Court Judge, Justice L. Nageswara Rao to be circulated to the members on 3rd November, 2022 so that it can be put to vote in the General Body Meeting of IOA to be held on 10th November, 2022. The Apex Court also accepted Justice Rao's proposal to hold the executive body elections on 10th December, 2022. In September, 2022, the Apex Court had appointed Justice Rao to take over the process of amending the sports body's constitution, preparing its electoral rolls, and conducting elections to its executive body.
The Supreme Court on Thursday heard an appeal against Madras High Court's judgement dismissing the petitions filed by Congress MP Karti Chidambaram and his wife Srinidhi to quash two criminal complaints under the Income Tax Act and the trial proceedings in the Special Courts for MPs/MLAs. The matter was heard by a bench comprising CJI UU Lalit and Justice Bela M Trivedi.
At the outset, the petitioner submitted that the Madras High Court had misconstrued the Supreme Court's order in the Ashwini Upadhyay case regarding Special Courts for trial of cases against MPs/MLAs. He added that Supreme Court has subsequently clarified that the order for trial in Special Courts would not mean that cases triable by Magistrates are not to be transferred to Sessions Courts.
The Supreme Court on Thursday admitted a petition seeking to declare the National Minority Commission Act, 1992 And the National Minority Commission, 1992 as unconstitutional.
A Bench of Justices Sanjay Kishan Kaul and Abhay Shreeniwas Oka told the Attorney General.
"AG, we have admitted the matter. This can't be decided at pre-admission stage. Let pleadings, documents, everything be completed. Then we will seek hearing of the matter."
The Supreme Court bench comprising of Justices D.Y. Chandrachud and Hima Kohli, on Thursday, reserved judgment in the pleas filed by Malayalam news channel Media One, its Chief Editor, Kerala Union of Working Journalists assailing the judgment of the Kerala High Court, whereby the telecast ban imposed on the channel by the Ministry of Information and Broadcasting was upheld. The Ministry had decided against renewing the broadcasting license of the news channel citing denial of security clearance by the Union Ministry of Home Affairs.
Supreme Court Asks Centre To Maintain Status Quo On Release Of Genetically Modified Mustard Seeds
The Supreme Court on Thursday orally asked the Union Government to maintain status quo on the commercial cultivation of Genetically Modified Mustard and to refrain from taking any precipitate action on its release.
A bench comprising Justices Dinesh Maheshwari and Sudhanshu Dhulia passed the interim order on the application of Aruna Rodriguez, an activist campaigning against genetically modified crops. The order imposed a status quo on the decision of Genetic Engineering Appraisal Committee, which cleared the proposal for commercial cultivation of Genetically Modified Mustard. The decision of GEAC was recently given a green flag by the Ministry of Environment, Forest and Climate Change.
The Supreme Court today adjourned the PIL seeking establishment of community kitchens for two weeks after asking the Centre to look into the policies being implemented by the States and come up with a policy.
The bench of Justices A. S. Bopanna and P. S. Narasimha heard the counsel appearing for the Petitioner Anun Dhawan. The Counsel apprised the court that the Union was earlier directed to file a report. The Counsel also submitted before the court that, "22 states have said that if the Centre comes out with a policy we will implement it".
BREAKING| EPF Pension Case : Supreme Court To Pronounce Verdict On EPFO Appeals Tomorrow
The Supreme Court will pronounce the judgment tomorrow in the appeals filed by the Employees Provident Fund Organization challenging the Kerala, Rajasthan and Delhi High Court judgments which had quashed the Employee's Pension (Amendment) Scheme, 2014.
A 3-judge bench comprising Chief Justice of India Uday Umesh Lalit, Justices Aniruddha Bose and Sudhanshu Dhulia had reserved judgment on August 11 after 6-days of hearing. Justice Bose has authored the judgment. The judgment will be pronounced tomorrow at 10.30 AM.
A Supreme Court bench comprising Chief Justice U.U. Lalit and Justices S. Ravindra Bhat and Bela M. Trivedi on Wednesday issued notice to Punjab National Bank (PNB) on petitions filed by the Serious Fraud Investigation Office (SFIO) regarding alleged siphoning of funds of Bhushan Steel Ltd.
Plea In Supreme Court Challenges Bombay HC Decision Prohibiting Public Feeding Of Stray Dogs
Three women from Nagpur claiming themselves to be social activists have moved the Supreme Court challenging a recent decision of the Bombay High Court against feeding of stray dogs in public spaces.
The impugned decision requires persons interested in feeding stray dogs to first adopt and register such dogs with Municipal Authorities or to put them in some shelter home. Meanwhile, the High Court also directed the concerned authorities under Section 44 of the Maharashtra Police Act, 1951 to detain all stray dogs wandering in the public streets.
Supreme Court on Friday issued notice in a Public Interest Litigation challenging the constitutional validity of Section 11 of the Representation of the People Act, 1951. The matter was heard by a bench comprising by CJI UU Lalit and Justice Bela M Trivedi.
The PIL has been filed by an NGO, Lok Prahari. At the outset, the counsel for petitioner submitted that Section 11 had to either be struck down or read down by the court since it suffered from the vice of "excessive delegation".
CJI UU Lalit, while hearing a transfer petition concerning a matrimonial dispute on Thursday orally remarked that the convenience of the wife in matrimonial disputes was paramount as per established jurisprudence of the court. Thus, if a wife required a transfer for her convenience, she would be granted the same. CJI Lalit added that Justice Ruma Pal was the only judge in the court who refused transfer petitions in such cases.
CAT Vacancies: Supreme Court Extends Period Of Incumbent Members Till The Next Date Of Listing
The Supreme Court, on Thursday, extended the period of functioning of the incumbent members of CAT, Principal Bench till the next date of listing.
By an order dated 13.05.2022, the Apex Court taking note of the vacancies in the Central Administrative Tribunals, had exercised power under Article 142 of the Constitution to permit the incumbents to continue functioning beyond their term, subject to their consent and availability. On Thursday, at the request of the Counsel appearing on behalf of the petitioner and with consent of ASG, Balbir Singh, a Bench comprising Justices D.Y. Chandrachud and Hima Kohli extended the operation of the interim order passed on 13.05.2022, till the next date of listing.
The Supreme Court on Friday directed the transfer of all the first information reports lodged against Naveen Kumar Jindal, former media head of the Bharatiya Janata Party's Delhi unit, for his remarks against Prophet Mohammed, to the Intelligence Fusion and Strategic Operations (IFSO) unit of the Delhi Police, a specialised team constituted to prevent cybercrimes, online abuse, and communal disharmony.
Supreme Court Lifts Stay On 30% Quota For Women Domiciled In Uttarakhand In State Services
The Supreme Court on Friday lifted the stay which the Uttarakhand High Court had imposed on the Government Order which provided 30% reservation to the women domiciled in State of Uttarakhand in State Services.
A bench of Justice S. Abdul Nazeer and Justice V. Ramasubramanian also issued notice to the Respondent seeking reply on the Special Leave Petition filed by the State of Uttarakhand.
The State filed the plea assailing the interim order passed by the Division Bench of the High Court staying the 2006 order of the State of Uttarakhand. The High Court had stayed the GO on the prima facie view that the government order was contrary to the mandate of Article 16(2) of the Constitution of India.
The Supreme Court on Friday passed an interim order that no coercive action should be taken against the members of the Federation of Retail Traders Welfare Association for not complying with the Maharashtra Government direction to display names of shops and establishments in Marathi written in the Devanagri script.
A bench comprising Justices KM Joseph and Hrishikesh Roy passed the interim order while considering a petition filed by the Federation against Bombay High Court's order of upholding State Government's decision.
The Supreme Court on Friday issued notice to the Union Territory of Jammu and Kashmir and Ladakh in a plea stating that certain detenues detained under the provisions of Jammu and Kashmir Public Safety Act, 1978 had been shifted from local district and central jails within Jammu and Kashmir to prisons in other States of the country. The matter was heard by a bench comprising CJI UU Lalit and Justice Bela M Trivedi.
The Supreme on Friday issued notice on the petition filed by three persons who were directed by the Telangana High Court to surrender before police in relation to the alleged TRS MLAs poaching case.
A bench comprising of Justices B. R. Gavai and B. V. Nagarathna sought response from the State of Telangana on the plea filed by Ramachandra Bharti, Kore Nandu Kumar and D. P. S. K. V. N. Simhayaji and listed the matter next on November 7. The Court also asked the trial court to consider their bail applications on merits in the meantime.
The Supreme Court on Friday refused to entertain an appeal filed against an order of the Jammu and Kashmir High Court which refused to quash the termination of a judicial officer. The matter was heard by a bench comprising Chief Justice UU Lalit and Justice Bela M Trivedi.
The petitioner, who was serving as Munsiff Pulwama in Kashmir Division, was removed from the judicial service by the Governor of the then State of Jammu and Kashmir. The order by the High Court had been passed by the Governor on the recommendations of the Full Court that the said petitioner, in view of his proven misconduct, was not worthy of retention in the judicial service. The officer had been taken to task with regards to certain documents, which he had failed to sufficiently stamp.
The Supreme Court on Friday issued notice in a plea moved by Tata Projects challenging the Employees' State Insurance Corporation's decision to extend the benefits of the Employees State Insurance Act, 1949 to the employees engaged by building / construction agencies at the 'construction site'.
Before issuing notice in the case, a Bench of Justices Dinesh Maheshwari and Sudhanshu Dhulia asked the petitioners why they couldn't approach the High Court.
The Supreme Court on Friday issued notice on a plea filed by the NGO National Federation of Indian Women seeking re-introduction of the Women's Reservation Bill, 2008 to secure 33% quota for women in the Lok Sabha and the legislative assemblies. The bench of Justices Sanjiv Khanna and J. K. Maheshwari stated that the petitioner "has raised an issue of considerable importance."
Appearing for the Union of India, Advocate Kanu Agrawal submitted that a serious issue of maintainability arises in the matter which the court agreed to hear on the next date and sought the response of the Union of India on the issue. Advocate Prashant Bhushan represented the petitioner.
Continuing to voice his opinion regarding the Collegium System on public forums, the Union Law Minister on Friday once again said that the System is opaque and the majority of the Judges also believe so.
However, he did add that he has to work with this system despite not being satisfied with it till the Government comes out with an alternative mechanism. Law Minister Rijiju was speaking at the India Today conclave in Mumbai
Speaking at the India Today conclave in Mumbai, the Union Law Minister Kiren Rijiju on Friday said that he was 'upset' about the fact that the Supreme Court decided to 'strike down' the Sedition Law earlier this year despite the fact that Government had informed the Court that it was thinking to make changes to the Law.
Indian Fishermen Caught By Sri Lankan Navy Released, Centre Tells Supreme Court
The Supreme Court on Friday disposed of a plea seeking direction to the Union of India to negotiate with the Sri Lankan Government authorities to release the arrested Indian Fisherman and their mechanized boat.
A bench of Justices Aniruddha Bose and Vikram Nath, after taking into consideration the status report filed by the Union where it was reported that all the 68 Indian fisherman who were apprehended by the Sri Lankan Navy in December 2021 have been released and repatriated to India, did not find any reason to keep the matter pending.
Terming it as infructuous, the Supreme Court of India recently disposed of a petition which asked the Union of India and all the States government to provide homeless persons in shelter homes set up by the Municipalities and other places with three nutritious and adequate meals every-day during the entire COVID-19 pandemic period.
"From the aforesaid, it can be seen that the reliefs sought were for the period during Covid-19 pandemic. Therefore, by efflux of time and in view of the subsequent development, the present Writ Petition for the aforesaid reliefs has become infructuous. Keeping other questions open, to be considered in the pending proceedings, we dispose of the present Writ Petition. The Writ Petition stands disposed of accordingly", a Bench of Justices MR Shah and MM Sundresh said in the order.
The Supreme Court of India bench comprising of Justices Sanjay Kishan Kaul and Abhay Shreeniwas Oka on Thursday asked the Centre to clarify whether it has fixed the rates of for various procedures and services that registered Clinical establishments should charge from patients as per Rule 9 (ii) of the Clinical Establishment (Central Government) Rules, 2012 [2012 Rules].
The Supreme Court on Friday agreed to hear a plea filed by the Karnataka State Election Commission assailing the order of the Karnataka High Court which granted a further period of 12 weeks to the State Government to complete the exercise of delimitation of constituencies and providing reservation to SC, ST, OBC and other categories for all the Taluk & Zilla Panchayats in the State of Karnataka.
The bench comprising of Justices Aniruddha Bose and Vikram Nath while listing the matter for next week did not issue formal notice but asked the petitioner to serve a copy to the State of Karnataka.
The Supreme Court verdict determining the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections (EWS) in education and public employment is to come out on November 7, 2022.
The matter was heard by a 5-judge bench comprising Chief Justice of India UU Lalit, Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala. As per the cause list, there are two judgments by Chief Justice UU Lalit and Justice S Ravindra Bhat in the case. It is to be noted that Chief Justice UU Lalit is to retire on 8th November 2022.
