Last week, a panel of judges headed by the Chief Justice of India ordered that Karnan be transferred to the Calcutta high court. The junior judge reacted that he would fight the order and asked the Chief Justice of India to "not interfere" with his jurisdiction, and also stayed his own transfer order.
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 plea came up for hearing before a bench of Justices SK Kaul and A Amanullah.
Chief Justice of India D Y Chandrachud on Tuesday said the State has an obligation to recognise unions entered into by queer couples and grant them benefit under the law.
Justice Sen said he does not belong to any political party and does not dream of getting a political berth after retirement. He said he had written the judgment based on truth, history and ground reality "to save the citizens of India, irrespective of caste, creed, religion or language".
The Supreme Court on Thursday directed the Centre and the Assam government to provide extensive data, including those on the number of Bangladeshi immigrants granted Indian citizenship in Assam between January 1, 1966 and March 25, 1971, while taking note of pleas that illegal immigration has impacted demography and cultural fabric of the border state.
The Congress on Thursday said it will continue to avail all options still available under the law after a Gujarat court rejected Rahul Gandhi's application for a stay on his conviction in a criminal defamation case.
The Supreme Court on Monday agreed to hear a plea on a dispute involving the Gyanvapi mosque in Varanasi on November 10.
The apex court observed that any law declared by it is "binding" on all stakeholders and the collegium system must be followed.
Congress Member of Parliament and sacked Commonwealth Games Organising Committee chief Suresh Kalmadi on Thursday withdrew his plea seeking permission to attend the Monsoon Session of Parliament from the trial court, saying he will approach the Delhi high court for the same. Special Central Bureau of India Judge Talwant Singh accepted Kalmadi's submission that the high court was the appropriate forum to decide his plea for custody parole to attend Parliament.
'We want to send Indians on the moon and create history, but we don't want to accept the reality that is happening on earth.'
Given the politics behind it all, one possibility is for binding the governor to act according to the decisions of the state government and clarifying his position vis a vis bills and resolutions passed by the state assembly -- or, re-enacted if returned, points out N Sathiya Moorthy.
Justice Soumitra Sen, against whom the Chief Justice of India has recommended impeachment, is not considering resignation and will defend himself as and when required, his counsel has said."At this stage, he is not considering resignation," said senior counsel Subhas Bhattacharya, who is representing the Calcutta High Court judge."If showcaused by Parliament, he will appear before it. He will defend himself in accordance with the law," Bhattacharya said.
Kharge said the BJP made all efforts to get him disqualified as he was speaking the truth.
'The collegium system will remove any such doubts from the minds of people and the political parties.'
'If you were to say today that the government should appoint judges to the high courts and Supreme Court, then I think that even those few good judges that we are getting today we would not get them.'
A five-judge Constitution bench headed by Chief Justice of India D Y Chandrachud was faced with several consequential legal questions, such as adoption, succession, intestacy and laws governing pension and gratuity where a once legally-acknowledged spouse is the beneficiary, if it decides to legalise same-sex marriage.
Elections in Jammu and Kashmir can be held "anytime from now" as the work on updation of voters list is almost over, the Centre told the Supreme Court on Thursday but remained non-committal about setting a time-frame for restoration of statehood to the Union territory (UT).
The 5-judge bench, was referring to four senior most judges of apex court -- Justices J Chelameswar, Ranjan Gogoi, M B Lokur and Kurian Joseph -- who had held January 12 press conference against CJI Dipak Misra raising litany of questions on allocation of cases.
The long-pending demand of high court judges of one rank one pension is set to be met as government plans to bring a bill to rectify an anomaly as per which judges selected from the Bar get lesser pension than those elevated from state judicial services.
oved the Supreme Court against a high court decision dismissing its PIL against Union Law Minister Kiren Rijiju and Vice President Jagdeep Dhankhar for their remarks on judiciary and the collegium system for appointment of judges.
'There is one weapon in the government's armoury which impacts the independence of the judiciary, and which has not been affected by the collegium system.' 'It is post-retirement employment with the government. 'This is because some judges -- but not all -- are offered post-retirement employment by the government, and it has often been feared that judges close to retirement might decide cases so as to please the government in order to get a favourable post-retirement position,' says Abhinav Chandrachud.
The Supreme Court said on Tuesday it has to be alive to the fact that the concept of marriage has evolved and must accept the basic proposition that marriage itself is entitled to constitutional protection as it is not just a matter of statutory recognition.
"Religious festivals seem to have become occasions to intimidate and bully others -- a far cry from when they were occasions for joy and celebration. Instead, there is intimidation and discrimination only on account of their religion, food, caste, gender or language," Gandhi said.
The Lok Sabha speaker and the secretariat found themselves embroiled in an angry dispute on Tuesday as members of the Trinamool Congress party and Telugu Desam Party clashed over the contentious Room no 5 on the first floor of Parliament House.
The central government's response was conveyed to the court by Solicitor General Tushar Mehta, after a five-judge constitution bench headed by Chief Justice DY Chandrachud, hearing the pleas challenging the abrogation of Article 370, asked it to set a specific time frame for restoration of electoral democracy in the erstwhile state.
Union Law Minister Kiren Rijiju on Friday said formalities are being carried out ahead of the appointment of the next chief justice of India and hoped that everything will go smoothly because the government is "always particular" about rules and conventions.
"In the UK, every judge delivers a judgments in maximum of three to four cases in a day. But in Indian courts, every judge on an average presides over 40 to 50 cases every day. Now I realise that they sit extra time...people expect quality judgment. Judges are also human beings," Rijiju said.
Having been unceremoniously removed as Sri Lanka's top judge, Shirani Bandaranayake on Tuesday said she still believed she was the legitimate chief justice of the country and expressed fear for her life in a stoic parting statement. Sri Lanka's first woman chief justice, who was impeached by the parliament, said she was unjustly persecuted for standing up for an independent judiciary.
Amid furore created by All India Anna Dravida Munnetra Kazhagam members in Parliament for the second day running, the government on Tuesday admitted that a Supreme Court collegium during the United Progressive Alliance rule had recommended extension of a judge in Tamil Nadu who was under corruption cloud.
Senior Congress leaders, including Priyanka Gandhi Vadra, are accompanying Rahul Gandhi to the court.
Vice President Dhankar's and Law Minister Rijuju's recent interventions have the danger of destabilising the Constitutional equilibrium, cautions N Sathiya Moorthy.
Justice Joseph, while penning the verdict, gave illustrations where the top court had resorted to giving directions, which had the colour of a legislation, if there was a void in law or no legislation.
The Allahabad high court on Thursday allowed the Archaeological Survey of India (ASI) to conduct a scientific survey at the Gyanvapi premises in Varanasi to determine whether the 17th-century mosque has been constructed over a pre-existing structure of a Hindu temple.
Two judges of the Supreme Court, who were scheduled to hear on Monday the bail plea of Dravida Munnettra Kazhagam Member of Parliament Kanimozhi, an accused in the 2G spectrum allocation scam, on Friday recused themselves from the hearing. Instead, Justice G S Singhvi, whose bench has been monitoring the case, will hold a special hearing on Monday along with Justice B S Chauhan to decide the bail applications of Kanimozhi and Kalaignar TV Managing Director Sharad Kumar.
'Is the idea of a committed judiciary once again being floated, though surreptitiously, unlike in the past when it was direct?'
A special court in Mumbai on Monday extended Shiv Sena member of Parliament Sanjay Raut's judicial custody by another 14 days in a money laundering case linked to alleged irregularities in the redevelopment of a Mumbai 'chawl'.
The Supreme Court on Monday asked National Conference leader Mohammed Akbar Lone to file an affidavit swearing allegiance to the Constitution of India and accepting the country's sovereignty, after the 'Pakistan zindabad' slogan that he allegedly raised in the Jammu and Kashmir assembly in 2018 kicked up a massive row.
In a temporary relief for Imran Khan, a Pakistani court on Wednesday ordered the police to stop till Thursday its operation outside the former prime minister's residence in Lahore to arrest him in a corruption case after a scuffle between the security personnel and his supporters.
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