It emerges that not only does the CIDR project fails the test of fairness, justness and reasonableness besides the test of not being fanciful, oppressive or arbitrary; it also fails the test of Arthashastra, Hadith and the Bible.
As the impasse over the crisis after the virtual revolt by the four judges against Chief Justice of India Dipak Misra last Friday continued, sources said Justice Chelameswar had a brief meeting with another dissenting judge Justice Ranjan Gogoi at his residence.
A bench comprising Justices S A Bobde and A M Sapre also said that they will appoint three more members to the CoA and the orders to this effect would be passed in chambers.
The top court on August 31 had directed the removal of around 48,000 slum dwellings along the railway tracks in Delhi within three months and said there shall not be any kind of political interference in execution of the plan.
The Centre on Wednesday urged the Supreme Court that its 2018 verdict decriminalising colonial era offence of adultery under the Indian Penal Code be not made applicable to armed forces.
Karnataka BJP too said such a proposal is "neither the wish nor the will" of the party.
Though the apex court opined that 'cost of the treatment should not be higher at the present time', it also said that court is not equipped to either regulate cost of treatment or say what should be the best model of treatment for patients infected with coronavirus.
The Supreme Court Wednesday agreed to hear a plea filed by the National Commission for Women (NCW) challenging the Bombay high court verdict which said that groping a minor's breast without 'skin to skin contact' cannot be termed as sexual assault as defined under the Protection of Children from Sexual Offences (POCSO) Act.
Solicitor General Tushar Mehta, appearing for Uttar Pradesh, said the state has taken several steps to contain the spread of coronavirus but to "lockdown five cities by a judicial order may not be the right approach".
Senior advocate Rajeev Dhavan, representing the Muslim parties in the case, tore up a pictorial map.
'India is now surrounded on its north, west and east by unfriendly neighbours -- Pakistan, China, Nepal and Bangladesh -- some of whom are openly inimical,' notes Amulya Ganguli.
Sood, who was in the limelight for helping migrants reach their homes during the lockdown last year, had stated in his plea that his application for conversion has been approved by the Municipal Commissioner subject to Maharashtra Coastal Zone Management Authority permission.
A bench, comprising Chief Justice S A Bobde and Justice Aniruddha Bose, did not agree to the submission that the project in Lutyens' Delhi needed to be stayed as the government bodies were to approach the authorities concerned for clearance and other formalities. 'Nobody is going to do anything' during the COVID-19 pandemic, said the bench.
Earlier, the Uttar Pradesh government had told the bench that "shocking findings" have emerged in the investigation so far in the case in which Kappan was arrested on his way to Hathras.
The Supreme Court on Friday directed the Centre to deposit in its account the compensation given by Italy for the kin of two Indian fishermen killed by Italian Marines off the Kerala coast in February 2012.
A bench headed by Chief Justice S A Bobde said it is true that rights guaranteed under Articles 14 and 21 of the Constitution are available to all the persons who may or may not be citizens but the right not to be deported, is "ancillary or concomitant" to the right to reside or settle in any part of India.
he bench asked the Centre and J-K administration to file their responses within seven days.
The Uttar Pradesh government told the Supreme Court on Wednesday that "shocking findings" have emerged in the investigation so far in the case in which Kerala-based scribe Sidhique Kappan was arrested on his way to Hathras, where a young Dalit woman had died after allegedly being gang-raped, in October.
The apex court pulled up the Centre for its "evasive" and "brazen" affidavit on the issue.
The Supreme Court on Friday dismissed a plea seeking stay on further sale of electoral bonds ahead of assembly elections.
The top court had on November 6 issued a show cause notice to Vilas Athawale, Assistant Secretary of Maharashtra Vidhan Mandal Sachivalaya, asking him to explain as to why contempt proceedings be not initiated against him for his letter to the journalist seeming to "intimidate" him for approaching the apex court on the issue of alleged breach of privilege motion.
The top court asked Solicitor General Tushar Mehta, appearing for the Centre, whether protesting farmers are protected from COVID-19.
The apex court said people value their privacy more than the value of the company which might be in trillions.
The SC declined to set up a committee of a retired apex court judge to inquire into the incidents of violent protests
During the pendency of suit filed by Odisha, the top court had on December 2, 1968 directed both the states to maintain status quo till the disposal of suit and said, "there shall be no further ingress or egress on the territories in dispute, on the part of either party".
The Supreme Court Wednesday refused to entertain pleas seeking time-bound probe, including by an apex court-appointed commission, into the tractor rally violence in the national capital on the Republic Day saying the government is already inquiring the matter and the Prime Minister has stated that law will take its own course.
With the elevation of these four new judges, the strength has risen from 24 to 28.
Singh had moved the mercy plea after the Supreme Court dismissed his curative petition against his conviction and death sentence. The apex court had also rejected the curative petition of another death row convict Akshay Kumar, 31.
A bench headed by CJI Bobde is likely to hear a batch of 143 petitions. The apex court had on January 9 refused to entertain a plea seeking that the CAA be declared constitutional, saying the country is going through difficult times and there is so much violence that endeavour should be for peace.
In a relief to Karnataka Chief Minister B S Yediyurappa and former minister for industries Murugesh Nirani, the Supreme Court Wednesday protected them from arrest in a case pertaining to alleged forgery over withdrawal of approval for a parcel of land in the state.
A bench comprising Chief Justice S A Bobde and justices R Subhash Reddy and A S took note of the submission of the main opposition party of the state that speaker has not been taking any decision on the MLAs for last three years and issued notices to him, assembly secretary and 11 lawmakers including O Panneerselvam.
Two pleas were filed in the Supreme Court on Wednesday over the tractor rally violence on Republic Day, with one seeking the setting up of a commission, headed by a retired apex court judge, to inquire into the incident, while the other urged it to direct the media not to declare farmers as "terrorist" without any evidence.
The top law officer was of the view that the "prima facie" conduct of the chief minister and his principal advisor was 'contumacious', but declined consent saying Reddy had sent the letter to Chief Justice of India S A Bobde who was seized of the matter.
It is highly unlikely that Srinivasan's daughter will face any opposition with the last date for filing nomination being September 24.
A bench headed by Chief Justice S A Bobde said it would set up the committee which may include experts like P Sainath and representatives of the government and farmers' bodies to look for the resolution of the deadlock over the statutes.
If a convict is awarded multiple life imprisonment then they shall run concurrently and not consecutively, says SC.
Chief Justice of India Ranjan Gogoi will administer the oath of office to the two judges on Friday, an official circular said.
"The finality of death sentence is extremely important and a condemned prisoner should not be under the impression, that the death sentence remains open ended and can be questioned by them all the time," the SC said.
Azad also accused the state and Centre of not being bothered about the people.
The Muslim parties also attacked 2003 ASI report which had found certain remains, idols and artefacts suggesting existence of a structure before Babri Masjid.
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