The Supreme Court of India ordered the release of a man who had spent 25 years in prison for murder, ruling that he was a juvenile at the time of the crime. The court found that the convict, Om Prakash alias Raju, had been wrongly convicted due to errors by the courts in determining his age. The case highlights the importance of proper age verification and the need for courts to actively ensure the fair treatment of juveniles within the legal system.
Gupta, arrested in the Czech Republic on June 30 last year, is currently held in Prague's Pankrak prison.
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.
The Supreme Court of India has directed all high courts, state governments, and union territories to ensure the availability of separate toilet facilities for men, women, persons with disabilities (PwDs), and transgender persons in all court premises and tribunals across the country. The court stressed the importance of public health and the right to privacy, stating that adequate public toilets protect women and transgender persons. The court also expressed concern about the condition of public toilets near toll plazas on national highways and emphasized the need for proper sanitation facilities in court premises for judges, advocates, litigants, and staff members. This decision highlights the importance of access to basic amenities in ensuring a fair and dignified justice system.
The Supreme Court has sought the assistance of the solicitor general of India in a plea that seeks job security for members of internal complaint committees (ICC) for sexual harassment at workplaces. The court recognized the importance of the plea and expressed concern over the lack of response from the Central government, despite issuing notice. The petitioners, Janaki Chaudhry and Olga Tellis, argue that ICC members in the private sector face a serious conflict of interest as they can be terminated without reason if a decision goes against the senior management. The petition highlights the vulnerability of ICC members to retaliation and the lack of protection they have compared to their counterparts in the public sector.
The bench wondered if it struck down the immunity clause in the penal codes then the offence will be covered under the main provision on rape or "can the court create a separate offence or adjudicate the validity of the exception (clause)".
The Supreme Court will hear on February 19 pleas challenging the appointments of the Chief Election Commissioner and Election Commissioners under the 2023 law. The court will take up the matter on a priority basis, after some urgent listed matters. The government has appointed a new CEC and ECs under the new law, which excludes the Chief Justice of India from the selection panel, despite a 2023 Supreme Court verdict directing the inclusion of the CJI in the panel. The petitioners argue that the exclusion of the CJI undermines the independence of the election commission.
A Public Interest Litigation (PIL) has been filed in the Supreme Court seeking immediate action to prevent future stampedes at railway stations. The PIL, filed by advocate Vishal Tiwari, calls for the implementation of a 2014 report by the National Disaster Management Authority (NDMA) on crowd management. The plea also criticizes the disparity in safety efforts, questioning why high-end technology and intelligence are deployed for VIPs while common citizens remain vulnerable to such incidents. The PIL seeks directions to the Indian Railways to take measures for passenger safety, including widening corridors, constructing broader over-bridges and platforms, and ensuring easy access to platforms through ramps and escalators.
The Supreme Court of India has ruled that foreign nationals facing criminal charges cannot be allowed to leave the country. The court emphasized the need to ensure the presence of foreigners during criminal proceedings and outlined procedures for enforcing this restriction. The ruling clarifies legal provisions related to foreigners' movements in India, particularly during bail applications.
The Mathura Shahi Masjid Eidgah Committee has approached the Supreme Court, requesting the court to prevent the central government from filing a response to a petition challenging the Places of Worship Act's constitutional validity. The committee accuses the BJP-led government of intentionally delaying its response. The court had previously issued a notice to the government in March 2021, but the government has yet to submit its reply despite numerous opportunities. The committee argues that the government's delay is intended to obstruct those opposing the challenge to the Places of Worship Act from filing their own responses. The petition also states that the pleas challenging the law's validity are scheduled for hearing on February 17, and closing the government's right to respond would serve justice. The Supreme Court previously issued a ruling in December 2022 that stopped courts from entertaining new lawsuits or issuing interim or final orders regarding the reclaiming of religious places, particularly mosques and dargahs. The ruling halted proceedings in 18 lawsuits filed by Hindu groups seeking surveys to confirm the original religious character of 10 mosques, including the Gyanvapi Masjid in Varanasi, the Shahi Idgah Masjid in Mathura, and the Shahi Jama Masjid in Sambhal. This decision was made in response to six petitions, including one filed by lawyer Ashwini Upadhyay, challenging various provisions of the Places of Worship Act. The 1991 law prohibits the conversion of places of worship and guarantees the preservation of their existing religious character as it stood on August 15, 1947. Notably, the dispute regarding the Ram Janmabhoomi-Babri Masjid in Ayodhya was excluded from this law. There are also several cross-petitions advocating for a strict enforcement of the 1991 law to uphold communal harmony and maintain the current status of mosques that Hindu groups seek to reclaim, claiming they were temples before being destroyed by invaders.
Opposition members in Rajya Sabha on Thursday accused the government of imposing Hindi by bringing new bills with titles only in that language, a charge the treasury bench contested while alleging they were stuck with a colonial mindset.
Swamy Shraddananda, jailed for 30 years for killing his wife, has moved the Supreme Court seeking authorities to decide his mercy plea before the President in December, 2023.
Kumar, who played a key role in implementing decisions following the abrogation of Article 370 of the Constitution in Jammu and Kashmir during his stint in the Union home ministry, took charge as an election commissioner on March 15, 2024.
Justice Sodhi said the right to frame laws lies with Parliament.
The Supreme Court of India will examine the age limits for surrogate mothers and other provisions of the Surrogacy Regulation Act and Assisted Reproductive Technology (Regulation) Act on February 11. The court has asked the government to file its written submissions on the matter. The laws set age limits for intended parents and surrogate mothers, restricting commercial surrogacy and emphasizing altruistic surrogacy. The court is also considering alternative mechanisms for compensating surrogate mothers and has proposed a designated authority for disbursing payments instead of intended couples.
It will be court's opinion versus the legislative power to enact law, the Supreme Court on Wednesday said as it posted the pleas challenging the appointment of the chief election commissioner and election commissioners under the 2023 law on February 4.
The Supreme Court of India has ordered the burial of a pastor whose body has been lying in a mortuary since January 7th, after a dispute arose regarding the location of his burial. The court issued a split verdict, with one judge ruling for burial on the family's private land and the other for a designated place away from the village. The decision was made due to the prolonged delay in the burial and the potential for unrest. The court ordered the state government to provide security to prevent any further incidents.
Attorney General K K Venugopal on Wednesday defended The Tribunals Reforms Act of 2021 in the Supreme Court and said that many times the top court through its judgments had waded "into the policy domain" and it should "keep in mind separation of powers".
The Madras High Court has asserted that press freedom and privacy are intertwined and that surveillance constitutes an attack on the press, which is considered the fourth pillar of democracy. The court made this observation while addressing petitions filed by the Chennai Press Club and three reporters seeking protection from harassment by a police Special Investigation Team (SIT) probing the leak of an FIR concerning a sexual assault case at Anna University. The court highlighted the importance of protecting journalists' sources and criticized the SIT for seizing reporters' mobile phones without justification and for failing to adequately investigate the source of the leaked FIR.
'After each election the losers troop to the court with various objections. The general election will not be different.' 'It could be worse if there is no clear majority and the President has to invite the party with the largest number to form the government,' points out M J Antony.
The Supreme Court on Thursday appointed senior advocate Maninder Singh as an amicus curiae to assist it in the matter related to the Board of Control for Cricket in India and fixed the hearing on the plea of the cricket body for amending its constitution concerning tenure of office bearers on July 28.
The Supreme Court has expressed its dissatisfaction with the Delhi Police's handling of appeals against acquittals in the 1984 anti-Sikh riots cases. The court emphasized the need for serious and earnest prosecution, not just for the sake of it. This comes in the wake of a public interest litigation filed by a former Shiromani Gurudwara Prabhandak Committee member, seeking justice for the victims of the violence.
The Supreme Court of India has a new 'Lady Justice' -- a six-foot-tall sculpture in the judges' library holding scales in one hand and the Constitution in the other sans the sword.
The Supreme Court declined to hear a public interest litigation (PIL) seeking directions to the Election Commission and state election bodies to address purported duplication and multiple entries in voter lists. The court suggested the petitioner approach high courts with specific grievances and file representations with appropriate authorities.
Members of several opposition parties in India have initiated proceedings to impeach Allahabad High Court Judge Shekhar Kumar Yadav for his alleged controversial remarks at a recent event. The impeachment motion, signed by 55 opposition MPs, cites the judge's speech at a Vishva Hindu Parishad (VHP) function, where he allegedly made provocative statements on a uniform civil code and the law working according to the majority. The Supreme Court has taken note of the controversy and sought details from the Allahabad High Court.
The action came after a 'jatha' of 101 farmers, who resumed their foot march to Delhi shortly after 12 noon on Saturday from the Shambhu protest site on the Punjab-Haryana border, reached the barricades put up by the Haryana security personnel.
Adani Green Energy, the renewable arm of billionaire Gautam Adani's conglomerate, has withdrawn from two proposed wind power projects in Sri Lanka, following the Island nation's new government deciding to renegotiate tariffs. "Adani Green Energy has conveyed its Board's decision to respectfully withdraw from further engagement in the renewable energy (RE) wind energy project and two transmission projects in Sri Lanka," the firm said in a statement.
The Supreme Court of India censured the Assam government for keeping persons declared foreigners in detention centers indefinitely and not deporting them. The court questioned the state's explanation for not sending nationality verification forms to the Ministry of External Affairs, stating that detainees should be deported immediately once identified as foreigners. The court directed the Assam government to initiate the deportation process of 63 declared foreign nationals whose nationality was known and file a status report in two weeks. The court also directed the Centre to provide details of those deported and how it plans to deal with detainees whose nationality is unknown.
The Supreme Court on Monday dismissed a petition seeking a declaration that abrogation of Article 370 of the Constitution, which bestowed special status on the erstwhile state of Jammu and Kashmir, was constitutionally valid.
Prolonged incarceration without trial amounts to infringement of the right to life under the Constitution, the Bombay high court said while urging a special court to expedite the trial in the 2018 Elgar Parishad-Maoist links case.
BJP president JP Nadda said on Sunday that the party does not seek to control the Waqf Board but wants to ensure that those managing it operate within the bounds of law and adhere to established rules. He said the properties and funds of the Waqf Board should be dedicated to promoting education, providing healthcare and employment opportunities for the Muslim community. Nadda also highlighted the BJP's growth and achievements, emphasizing its commitment to national unity and cultural heritage.
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.
A strong demand was made in the Lok Sabha to eliminate online betting and gambling applications. YSRCP member Maddila Gurumoorthy urged the government to set up a dedicated task force to take action against betting and gambling apps. He also asked the government to draft regulations for such applications and launch awareness campaigns about the dangers of online betting. Other issues raised included deposit insurance coverage for bank depositors, representation of Scheduled Castes in the Kerala government, challenges faced by nurses, and the need for paramilitary forces in Jharkhand during upcoming Hindu festivals.
He will take oath on November 11, a day after incumbent Justice DY Chandrachud demits office on attaining the age of 65.
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.
A bench of Justices Surya Kant and N Kotiswar Singh took note of Allahbadia's submission that the podcast was his only source of livelihood and around 280 people employed by him were dependent on the show.
The Supreme Court on Tuesday asked about the "source of power" of the lieutenant governor under the Constitution and the law to nominate 10 aldermen to the Municipal Corporation of Delhi (MCD) without the aid and advice of the elected government.
Speaking at a "people's court" and holding a "mega press conference", Thackeray said his fight would decide whether democracy survives in the country.
Colorado election officials have said the matter needs to be settled by January 5, which is the statutory deadline to set the list of candidates for the GOP primary scheduled for March 5.
In a viral video of the court proceedings, the judge was seen reprimanding a woman lawyer on Thursday and reportedly made some objectionable comments.