Activists Vernon Gonsalves and Arun Ferreira, accused in the Elgar Parishad-Maoist links case, are likely to walk out of jail only next week after securing bail from the Supreme Court on Friday as certain formalities are to be completed before they are released, defence lawyers said in Mumbai.
In a significant verdict, the Supreme Court by a majority of 7:2 on Tuesday held all private properties cannot form part of "material resources of the community" empowering states to take them over for distribution to serve "common good" under the Constitution.
A bench comprising Chief Justice D Y Chandarchud, and Justices V Ramasubramanian and J B Pardiwala, took note of the submissions of senior advocate Meenakshi Arora that an interim order was needed keeping in mind the practical examinations, scheduled for some classes from February 6 in the state.
The Supreme Court on Friday said that it will set up a five-judge Constitution bench to hear pleas challenging the constitutional validity of polygamy and 'nikaah halala' practice among Muslims.
'The ruling does not automatically mean that your house can be taken away, but suppose it blocks an expressway or a highway or such essential development, then it can be taken away as long as there is a law to support that action.'
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.
The top court's observation came while dismissing a plea filed by the college against an order of the Andhra Pradesh High Court which set aside the government's decision to enhance the tuition fee of MBBS students.
The Supreme Court is scheduled to pronounce its verdict on Thursday on a batch of petitions challenging the Karnataka high court judgment refusing to lift the ban on hijab in educational institutions of the state.
The Supreme Court on Friday refused to stay the proceedings before the Allahabad high court on suits related to the Sri Krishna Janambhoomi-Shahi Idgah dispute, saying it will not be fair to interfere with the high court order without hearing both the sides.
The Supreme Court on Wednesday directed activist Teesta Setalvad and her husband Javed Anand to cooperate with the Gujarat Police in connection with a case filed against them over alleged misappropriation of funds.
The year 2022 is going to be the second year since the inception of the top court in 1950 which will see three different CJIs in as many months.
If children can go to school at seven in the morning, why cannot judges and lawyers start their day at 9 am, Supreme Court judge Justice UU Lalit remarked on Friday.
During the hearing on Tuesday, the bench said it has not received the information from the high court yet.
'A rigid or overly broad interpretation could lead to a chilling effect on investments and growth in sectors traditionally driven by private initiative.' 'Entrepreneurs may fear that their assets could be arbitrarily appropriated by the State under the guise of serving the 'common good' without sufficient legal safeguards.' 'The judgment thus supports a more nuanced view, one that balances individual property rights with public welfare objectives.'
The Supreme Court on Wednesday said the Constitution intended to bring about a 'sense of social transformation' and it would be 'dangerous' to say that the private property of an individual cannot be regarded as material resources of community and taken over by state authorities to subserve 'common good'.
The Supreme Court on Friday asked the Central Bureau of Investigation whether there was any "common thread" in the murders of rationalist Narendra Dabholkar, Communist Party of India leader Govind Pansare, activist-journalist Gauri Lankesh and scholar M M Kalburgi.
The apex court on July 28 granted bail to the two accused, noting that the actual involvement of Gonsalves and Ferreira in any terrorist act has not surfaced from any third-party communications.
The Supreme Court on Friday ordered withdrawal of the Look Out Circular (LOC) issued against Trinamool Congress MP Abhishek Banerjee and his wife Rujira in connection with the money laundering cases against them linked to an alleged coal smuggling scam in West Bengal.
The Supreme Court on Thursday asked a petitioner, who has sought the constitution of an independent committee under a retired apex court judge to inquire into the incidents of sexual assault and violence in Manipur, to mention his plea for listing before a bench headed by Chief Justice D Y Chandrachud.
The Supreme Court on Monday regained its full strength of 34 judges as chief justice of Gauhati high court Justice Sudhanshu Dhulia and Gujarat high court judge Justice Jamshed B Pardiwala took oath as apex court judges.
Citing popular protests in Iran, an Islamic country, against the mandatory use of hijabs, he claimed that religion freedom in India cannot mean promotion of "separatist" designs.
The apex court noted that the Representation of People Act, 1950, read with the Conduct of Elections Rules, 1961, has contemplated the name of a candidate has to be proposed while filling the nomination form.
The apex court was hearing separate pleas filed in 2007 by senior journalist BG Verghese, and noted lyricist Javed Akhtar and Shabnam Hashmi, seeking a probe into the alleged fake encounters.
The high court had passed the order on May 23 while hearing the bail plea of the man accused of raping the woman on the false promise of marriage.
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.
The Supreme Court is all set to regain its full strength of 34 judges with the apex court collegium headed by CJI N V Ramana recommending names of the Chief Justice of Gauhati high court Justice Sudhanshu Dhulia and Gujarat high court judge Justice Jamshed B Pardiwala for elevation to the apex court, sources said.
The Supreme Court on Tuesday said the plea for an SIT probe into the damage to public properties during the protests against Agnipath will be listed for hearing after the Chief Justice of India takes a decision in this regard.
'As per the provisions under the Constitution of India, Hon'ble President of India has appointed the following Chief Justices of High Courts as Judges of the Supreme Court. My best to them: Rajesh Bindal, Chief Justice, Allahabad HC and Aravind Kumar, Chief Justice, Gujarat HC,' Law Minister Kiren Rijiju tweeted.
As you know that the Karnataka Education Act and Rule does not permit any religious items inside the class. So we are very clear that no student can wear hijab inside the class, Nagesh explained.
Hearing a public interest litigation filed by NGO Amguri Naba Nirman Samity, a high court division bench comprising Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia asked the Assam government to file a detailed status report on the case.
The Supreme Court on Monday flagged the issue of "pick and choose" by the Centre in clearing the collegium's recommendations for transferring high court judges and said this does not send a good signal.
While Justice Hemant Gupta dismissed the appeals against the high court verdict, Justice Sudhanshu Dhulia allowed them.
A bench comprising Chief Justice Uday Umesh Lalit and justices S Ravindra Bhat and Sudhanshu Dhulia, which was to take up the plea for hearing at 3.45 pm, adjourned the matter to September 1 due to paucity of time.
The apex court also issued notice on the interim relief sought in the plea for restraining the state from appointing or dismissing 'archakas' (priests) at temples and Hindu religious institutions in the state till the disposal of the petition.
The apex court had earlier restrained the high court from proceedings with the PILs seeking a probe against Soren in the mining lease issue.
The Supreme Court on Tuesday sought the response of the National Human Rights Commission (NHRC), National Commission for Women (NCW) and the National Commission for Minorities (NCM) to pleas challenging the constitutional validity of polygamy and 'nikah halala' among Muslims.
"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.
The apex court rejected an appeal challenging a July 10 decision of the Allahabad high court which had also dismissed the plea finding no error or illegality in the order of a Mathura civil judge who had decided to first hear the issue of maintainability of the suit as raised by management committee of the mosque.
A bench headed by Justice U U Lalit issued notice and sought responses, including from the Delhi government, on Hussain's plea and posted it for hearing in the third week of September.
The Supreme Court said on Thursday it will set up a fresh five-judge Constitution bench to hear the pleas challenging the constitutional validity of polygamy and 'nikah halala' among Muslims.
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