The Uttar Pradesh government has informed the Supreme Court that the disputed "private well" near the Mughal-era Jama Masjid mosque in Sambhal was situated on public land. The state government said the petitioner failed to disclose there was a well within the boundary walls of the mosque known locally as "yagna koop". The committee, in a spot inspection, found that the well was situated outside the mosque boundary wall, the report said. The report said the state was committed to ensuring peace and harmony in the region and any restraint on the use of such public wells by the community at large may not help in achieving that goal.
Samajwadi Party leader and Kairana MP Iqra Choudhary has moved the Supreme Court seeking effective implementation of the Places of Worship (Special Provisions) Act, 1991. This move comes amidst several petitions challenging the law's validity, including those filed by the Akhil Bhartiya Sant Samiti and lawyer Ashwini Upadhyay. The Supreme Court, in December 2022, had restrained all courts from examining fresh suits and passing interim orders in pending cases seeking to reclaim religious places. The Act aims to maintain the religious character of places of worship as they existed on August 15, 1947, but the dispute relating to Ram Janmabhoomi-Babri Masjid at Ayodhya was kept out of its purview. The court has listed Choudhary's plea with other pending pleas for February 17.
The Chief Justice of India (CJI) Sanjiv Khanna has ordered an in-house inquiry into allegations against a Delhi High Court judge, Justice Yashwant Varma, after reports of burnt cash being found at his residence. The inquiry will be conducted by a three-member committee headed by Justice Sheel Nagu, Chief Justice of the Punjab and Haryana High Court. The allegations stem from a report by the Delhi High Court Chief Justice Devendra Kumar Upadhyaya, who stated that four to five semi-burnt sacks of Indian currency notes were found at Justice Varma's residence following a fire. Justice Varma has strongly denied the allegations, calling them a conspiracy to frame him.
A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar also indicated that it may not take up the pending scheduled petitions, heard earlier by a three-judge bench, during the day as it was sitting in a combination of two judges.
The Supreme Court of India has ruled that the secular nature of the state does not prevent it from interfering with religious practices and attitudes when they impede development and the right to equality in the larger public interest. The court dismissed pleas challenging the 1976 amendment to the Constitution, which added the terms "socialist", "secular", and "integrity" to the Preamble, stating that Parliament's amending power extends to the Preamble as well.
The Supreme Court of India has extended its stay on a court-monitored survey of the Shahi Idgah Mosque complex in Mathura, which is located adjacent to the Krishna Janmabhoomi temple. The court deferred the hearing on a plea against the survey to April 1, while the interim order staying the survey will continue to operate. The Hindu side claims that the mosque complex holds signs of a temple that once existed at the site, while the Muslim side contends that the lawsuits filed by the Hindu litigants violate the Places of Worship (Special Provisions) Act of 1991.
Chief Justice of India-designate Sanjiv Khanna on Friday lauded CJI D Y Chandrachud for his "monumental" contribution, saying he worked on a mission to improve the apex court and pursued his goal of making it "a sanctuary of inclusivity", which was accessible to all.
The Supreme Court has adjourned pleas challenging the appointments of the chief election commissioner (CEC) and election commissioners (ECs) under the 2023 law. The court indicated the matter would be listed after the Holi festival break due to a paucity of time. Petitioners, including the NGO Association for Democratic Reforms, argued for an urgent hearing, emphasizing the importance of the issue and the potential impact on democratic processes. The appointment of the new CEC and ECs under the 2023 law, which excludes the Chief Justice of India from the selection panel, has been a point of contention, with petitioners alleging it undermines the independence of the election commission.
A court in Budaun will decide on December 24 whether to proceed with a hearing in the Jama Masjid Shamsi versus Neelkanth temple case. The dispute arose in 2022 when a Hindu group claimed the temple existed at the mosque site and sought permission to worship. The Supreme Court recently restrained all courts from entertaining and passing any orders on lawsuits seeking surveys of religious places under the Places of Worship (Special Provisions) Act, 1991. The Muslim side argues that the lower court should not proceed with the hearing as it cannot pass any orders, while the Hindu side maintains the Supreme Court order does not stop the hearing. The court will now decide whether to continue the proceedings.
Terming as 'unfortunate' the January 29 stampede at Maha Kumbh where at least 30 people were killed, the Supreme Court on Monday refused to hear a public interest litigation (PIL) for guidelines over safety of devotees and asked the petitioner to move the Allahabad high court instead.
The Supreme Court on Wednesday ordered the deletion of advocate Bansuri Swaraj's name from its order of granting bail to AAP leader Sanjay Singh after the Enforcement Directorate said her name got added to the list due to an "inadvertent error".
The Supreme Court of India has sought a response from the Election Commission of India (ECI) regarding pleas seeking verification of burnt memory and symbol loading units in Electronic Voting Machines (EVMs). The court directed the ECI to refrain from erasing or reloading data during the verification process and to explain the procedure adopted for verification. The bench also expressed concerns over the high cost of verification and directed the ECI to reduce the fee. The court's directive comes following its previous judgement where it allowed aggrieved candidates to seek verification of EVMs.
The Supreme Court of India expressed concern about the "criminalization of politics" and questioned how convicted individuals can return to Parliament. The court sought the assistance of the attorney general on this issue, highlighting the apparent conflict of interest and the need for clarity on the Representation of People Act's provisions. The court also raised concerns about the slow pace of trials against lawmakers, with a significant number of cases pending. The issue has been referred to a larger bench for consideration.
The Supreme Court of India has sought the Indian government's response to a petition filed by a Muslim woman seeking to be governed by the Indian succession law instead of Shariat. The woman, Safiya P.M., argues that she does not believe in Shariat and wants to be governed by secular law, including the Indian Succession Act of 1925. The court has asked the government to file a counter affidavit within four weeks.
He could have blazed a trail that few Indian judges had. It was a missed opportunity of a lifetime, notes Ramesh Menon.
A five-judge bench of the Supreme Court will consider review pleas challenging the October 2023 verdict that declined legal sanction to same-sex marriage. The review pleas will be heard in chambers on January 9, with Justice P S Narasimha being the only member of the original bench that delivered the verdict.
Amidst rumblings within the state Bharatiya Janata Party seeking a change of leadership in strife-torn Manipur, Chief Minister N Biren Singh on Sunday tendered his resignation to Governor Ajay Kumar Bhalla at the Raj Bhavan in Imphal.
The Supreme Court of India will hear a plea from the mosque management committee challenging an order rejecting its petition in the Krishna Janmabhoomi-Shahi Idgah dispute in Mathura, Uttar Pradesh on January 15. The Allahabad High Court had rejected the mosque committee's plea, stating that the religious character of the Shahi Idgah mosque needed to be determined. The case involves claims that the mosque was built after the demolition of a temple, a claim disputed by the mosque committee. The Supreme Court will now decide on the maintainability of the mosque committee's plea.
The Supreme Court on Friday said the plea seeking a policy for verification of electronic voting machines should go before the same bench that delivered a verdict in April rejecting the demand for bringing back the old paper ballots.
Delhi recorded a voter turnout of over 19 per cent in the first four hours of polling on Wednesday across 70 assembly constituencies, with the highest voter participation witnessed in North East district.
The Supreme Court of India is scheduled to hear a batch of petitions challenging the validity of certain provisions of the Places of Worship (Special Provisions) Act, 1991, which prohibits lawsuits to reclaim a place of worship or change its character from what prevailed on August 15, 1947. The pleas, including one filed by Ashwini Upadhyay, argue that these provisions violate the right to judicial remedy and create an arbitrary cut-off date. The matter will be heard in the backdrop of several ongoing cases related to places of worship, including the Gyanvapi Mosque in Varanasi and the Shahi Idgah Mosque in Mathura. The Muslim side has cited the 1991 law to argue that such suits are not maintainable. The Supreme Court had previously sought the Centre's response to Upadhyay's petition, which alleged that the law creates an "arbitrary and irrational retrospective cut-off date" for maintaining the character of places of worship.
The Supreme Court on Thursday dismissed a batch of pleas seeking to review its October 2023 verdict declining legal sanction to same-sex marriage.
Justice Shekhar Kumar Yadav, an Allahabad High Court judge, is set to appear before the Supreme Court Collegium to explain his controversial statements made at a Vishva Hindu Parishad (VHP) function. The Supreme Court has sought a report from the Allahabad High Court after news reports surfaced regarding Justice Yadav's remarks, which were widely condemned as "hate speech". The judge's statements, made at a VHP event, sparked outrage from various quarters, including opposition leaders and lawyers. The Bar Association of India has also condemned the judge's remarks and called for an apology.
Justice Vishwanathan said he was in "the Common Cause (the NGO which had filed the PIL in coal scam cases). This case was of the ED (Enforcement Directorate), but still...".
The Supreme Court of India has ordered a status quo on a private well located near the entrance of the Sambhal Jama Masjid, prohibiting any action regarding the well without its permission. The order came in response to a plea by the mosque's management committee, which challenged a lower court order that allowed a survey of the mosque, citing concerns over violence and loss of life during previous surveys. The court also instructed the authorities to file a status report within two weeks.
The Indian government has refused to accept recommendations for a 10% pension increase for retired regular Army captains under the One Rank One Pension (OROP) scheme. The Supreme Court heard an appeal by the government challenging an Armed Forces Tribunal order that mandated a decision on pension for retired captains. The government's decision not to accept the recommendations has led to a delay in resolving pension anomalies for these officers. The case will be heard again on December 12, 2023.
The Supreme Court of India has ruled that a wife is entitled to maintenance from her husband even if she refuses to cohabit with him after a decree for restitution of conjugal rights, provided she has valid and sufficient reasons for refusing to live with him. The court stated that the circumstances of each case must be considered individually and a decree for restitution of conjugal rights does not automatically disqualify a wife from receiving maintenance. This landmark ruling clarifies the legal interpretation of Section 125(4) of the Criminal Procedure Code (CrPC) regarding maintenance and emphasizes the importance of considering individual circumstances when determining a wife's right to maintenance.
The Supreme Court on Monday sought the Election Commission's response on a PIL challenging its decision to increase the maximum number of voters from 1,200 to 1,500 at every polling station, saying no elector should be excluded.
'It was a disaster on his part to give an oral remark which allowed ascertainment of the religious character of places of worship.' 'This disrupted the social harmony of the country.'
A four-member team from the Archaeological Survey of India (ASI) conducted a survey of the recently-discovered Shri Kartik Mahadev temple, five pilgrimage sites, and 19 wells in Sambhal, Uttar Pradesh, India. The survey followed the discovery of three damaged idols inside a well of the Bhasma Shankar temple, which was reopened after being shut for 46 years. The Shri Kartik Mahadev temple, also known as the Bhasma Shankar temple, was reopened on December 13 after authorities found the covered structure during an anti-encroachment drive. The temple houses an idol of Lord Hanuman and a Shivling and had remained locked since 1978. The district administration has requested carbon dating of the temple, including the well, from the ASI. Meanwhile, the Supreme Court has restrained courts across India from entertaining new lawsuits or passing any orders in pending ones seeking to reclaim religious places, especially mosques and dargahs, until further notice. This action halts proceedings in approximately 18 lawsuits filed by Hindu parties seeking surveys to determine the original religious character of 10 mosques, including the Gyanvapi at Varanasi, the Shahi Idgah Masjid at Mathura, and the Shahi Jama Masjid at Sambhal, where four individuals died in clashes. The Supreme Court will examine the legality, scope, and boundaries of the Places of Worship (Special Provisions) Act, 1991, which prohibits the conversion of places of worship and ensures the preservation of their religious character as it existed on August 15, 1947.
The court said it is a matter of propriety but there is no legal right seeking removal of Kejriwal as chief minister following his arrest.
A bench of Justices Sanjiv Khanna and Sanjay Kumar issued notice to the Chembur Trombay Education Society, which runs the 'N G Acharya and D K Marathe College', and sought its response by November 18.
In a jolt to telecom firms, the Supreme Court has dismissed a batch of pleas filed by companies, including Vodafone Idea and Bharti Airtel, seeking correction of alleged errors in the Adjusted Gross Revenue. A bench comprising Chief Justice D Y Chandrachud and Justices Sanjiv Khanna and B R Gavai also rejected the plea of telcos seeking to list the curative petitions for open court hearing.
Commencing hearing on pleas challenging the constitutionality of the Places of Worship Act, 1991, the Supreme Court asked the Centre to reply to cross-pleas against or seeking implementation of statute.
The Supreme Court's 2023 order refusing to stay a scientific survey at the Gyanvapi Mosque complex has sparked claims over several other disputed places of worship across India. This has led to several court cases, including one in Mathura where a survey of the Shahi Idgah Mosque complex was ordered, and another in Ajmer where a claim was made that a Shiva temple existed within the dargah of Sufi saint Moinuddin Chishti. The article also highlights a dispute over the Bhojshala in Madhya Pradesh, which Hindus consider a temple and Muslims consider a mosque. The Supreme Court's order has reignited debates about the Places of Worship (Special Provisions) Act, 1991, which prohibits the change of character of religious places as they existed on August 15, 1947.
Senior-most Supreme Court judge Sanjiv Khanna on Wednesday recused himself from considering pleas seeking review of the apex court's judgment last year declining legal recognition to same-sex marriage, sources said.
The Supreme Court on Friday directed a Sambhal trial court to temporarily halt proceedings in the case over the Mughal-era Shahi Jama Masjid and its survey at Chandausi while directing the UP government to maintain peace and harmony in the violence-hit town.
A bench comprising Justices Sanjiv Khanna and Sanjay Kumar passed the remark while hearing a batch of petitions filed by former Rajya Sabha MP Subramanian Swamy, advocate Vishnu Shankar Jain and others, who have challenged the inclusion of words "socialist" and "secular" in the Preamble of the Constitution.
The top court asked the state government to spell out details of its actions taken against the culprits and the encroachers.
In a viral video of the court proceedings, the judge was seen reprimanding a woman lawyer on Thursday and reportedly made some objectionable comments.