Supreme Court judge Sanjay Kishan Kaul on Monday recommended setting up of an 'impartial truth and reconciliation commission' to probe and report on human rights violations by both state and non-state actors in Jammu and Kashmir since the 1980s, saying the 'wounds need healing'.
The mass exodus of the Kashmiri Pandit community changed the very cultural ethos of Kashmir and there has been little turnback despite three decades having gone by since it got triggered by growing fundamentalism fuelled from across the border, Supreme Court judge Justice Sanjay Kishan Kaul said on Monday.
The Supreme Court has questioned the Election Commission's decision to allot the Shiv Sena's bow-and-arrow symbol to the Eknath Shinde faction, asking if the possibility of denying the symbol to both factions was adequately considered. The court also raised concerns about using legislative majority as a test while disqualification proceedings against MLAs were pending. The Shinde faction argued for the validity of the legislative majority test, citing significant vote share and legal precedents.
The Supreme Court resumed hearing pleas challenging the Maharashtra Speaker's decision regarding the Eknath Shinde-led Shiv Sena MLAs and the Election Commission's recognition of the Shinde faction as the "real" Shiv Sena. Senior advocate Neeraj Kishan Kaul, representing the Shinde camp, argued that the EC has jurisdiction under Article 324 to examine a party's democratic character and organisational structure, especially when the Thackeray faction's constitution was not registered with the poll panel. He emphasised that the Shinde faction's case is based on a split within the political party, not just its legislative wing, citing cadre discontent. The hearing remains inconclusive.
The Supreme Court has questioned the reliability of legislative majority as the sole determinant for political party ownership, especially when disqualification proceedings are pending against the very legislators forming that majority. This query arose during arguments concerning the Shiv Sena faction dispute between Eknath Shinde and Uddhav Thackeray.
The Supreme Court on Monday stayed an interim order passed by Madras high court controversial judge Justice C S Karnan
The Calcutta High Court has appointed a retired judge as a special officer to manage the day-to-day expenses of the Mamata Banerjee-aligned Trinamool Congress (TMC) from three debit-frozen bank accounts. The accounts were frozen following a complaint by a rival TMC faction alleging they held proceeds of crime. The court allowed transactions for party expenses and legal costs, noting that the initial freezing lacked specific material basis and that the complainant had previously benefited from these accounts.
The Supreme Court of India has dismissed the use of information from 'WhatsApp University' as evidence in a case concerning religious freedom and discrimination against women at religious sites, including the Sabarimala Temple.
A nine-judge Supreme Court bench has reserved its order on petitions related to discrimination against women at religious places, including the Sabarimala temple, and the scope of religious freedom.
'I've asked them so many times that after going through gruelling shoot sessions for 30-40 years, what keeps your passion alive? I think it's the discipline to show up.'
The post-mortem report of Twisha Sharma, who died in Bhopal, indicates 'antemortem hanging by ligature' as the cause of death, along with multiple blunt force injuries. Police investigation and family accusations continue.
People must have tolerance for each other's opinion at a time when the tolerance level has gone down internationally, Supreme Court judge Justice Sanjay Kishan Kaul said on Friday.
A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia had heard the matter on November 20 and posted it for further hearing on Tuesday.
Non-heterosexual unions and heterosexual marriages ought to be considered as two sides of the same coin, both in terms of recognition and consequential benefits, Supreme Court judge Justice Sanjay Kishan Kaul said as he lamented that the only deficiency at present is the absence of a suitable regulatory framework for such unions.
From demonetisation to sub-categorisation of Scheduled Castes to bulldozers, Justice Gavai has been part of several judgments.
"Today, I am quiet because the attorney general has sought a very short time, next time I will not be quiet. Use your good office to see these issues are resolved," Justice Sanjay Kishan Kaul told Attorney General R Venkataramani. "I thought of saying a lot, but since the attorney general is only seeking seven days time, I'm holding myself," said Justice Kaul, whose bench also comprised Sudhanshu Dhulia, after Venkataramani sought a week's time to come back with instructions on the pending recommendations for judges' appointment to the high court.
Highlights of the judgment pronounced by a five-judge Constitution bench of the Supreme Court that on Monday unanimously upheld the Centre's decision to abrogate provisions of Article 370 of the Constitution bestowing special status on the erstwhile state of Jammu and Kashmir.
A Kashmiri Pandit himself, Kaul feels, it is time now for the people to move forward, after more than 30 years of unbridled violence.
The Supreme Court has scheduled a hearing for January 21 on pleas challenging the Election Commission's decision to allot the 'bow and arrow' symbol to the Eknath Shinde faction of the Shiv Sena. The court will also hear arguments on a similar dispute concerning the Nationalist Congress Party (NCP) on January 22.
The court was hearing two pleas including one alleging delay by the Centre in clearing the names recommended by the collegium for appointment and transfer of judges.
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.
With the livelihood of nearly 5,000 people at stake, and FIFA, the Asian Football Confederation and global players' union FIFPRO keeping a close watch, the Court fixed August 28 as the next date of hearing.
The Supreme Court on Thursday dismissed a batch of pleas seeking to review its October 2023 verdict declining legal sanction to same-sex marriage.
SC directs Nageswara Rao to oversee selection of new commercial partner of AIFF
In a significant development, the Supreme Court on Thursday recalled its controversial May 2 verdict that had ordered liquidation of Bhushan Power & Steel Limited (BPSL) while setting aside a resolution plan of JSW Steel Limited for the ailing firm. A bench comprising Chief Justice B R Gavai and Justice Satish Chandra Sharma observed that the May 2 judgment, authored by Justice Bela M Trivedi, since retired, did not "correctly consider the legal position as has been laid down in the catena of judgments".
The Supreme Court, which is hearing arguments on a batch of pleas seeking legal validation for same-sex marriages, on Wednesday emphasised on the need to finish the matter in a time-bound manner, saying there are other cases waiting to be heard.
Article 370 of the Constitution, which bestowed special status on the erstwhile state of Jammu and Kashmir, was a 'temporary provision' and any interpretation of the provision cannot postulate that integration of J-K with India was temporary, the Supreme Court ruled on Monday.
Govt returns 20 names to SC collegium to reconsider
Karnataka high court Chief Justice P B Varale was on Thursday administered the oath of office as a Supreme Court judge by Chief Justice of India Justice D Y Chandrachud in New Delhi.
The Supreme Court Bar Association (SCBA) will convene its special GBM on March 16 to consider resolutions seeking explanation from senior advocates Kapil Sibal and Neeraj Kishan Kaul for apologising to the top court after a heated exchange of words between the Chief Justice of India and SCBA president Vikas Singh last week on allotment of land at 'Appu Ghar' for lawyers' chambers.
BJP-ruled states argued in the Supreme Court that governors and the President have autonomy in assenting to bills passed by state assemblies, asserting that courts cannot mandate assent.
The Supreme Court Monday said the appointment of the chief justice of Manipur high court has finally received the Centre's attention and will be notified "shortly", over three months after the apex court collegium had recommended Delhi high court judge Siddharth Mridul for the post.
The Supreme Court, which is hearing arguments on a batch of pleas seeking legal sanction for same-sex marriage, said on Thursday that the inflow of cases in the apex court is so heavy that it is impossible to list Constitution bench matters unless the time taken to argue is rationed.
The collegium, also comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai and Surya Kant, recommended the names of Delhi high court Chief Justice Satish Chandra Sharma, Rajasthan high court Chief Justice Augustine George Masih and Gauhati high court Chief Justice Sandeep Mehta as top court judges.
Chief Justice of India Ranjan Gogoi will administer the oath of office to the two judges on Friday, an official circular said.
While closing the contempt proceedings, the bench observed that the matter ought to have come up for hearing earlier.
The Collegium had proposed Justice Singh's transfer on August 3 for "better administration of justice".
Disagreeing with the Centre's submission that the petitions seeking legal validation of same-sex marriage reflected an 'urban elitist' view, Chief Justice of India D Y Chandrachud said on Tuesday queerness is not urban or elite, or restricted to upper classes and privileged communities.
I would say, unhappiness of the Government of the fact that NJAC does not pass the muster, Justice Kaul observed.
A five-judge Constitution bench of the Supreme Court, by a 3:2 majority, on Tuesday upheld one of the adoption regulations prohibiting unmarried and queer couples from adopting children.
