The Supreme Court of India has ruled that it is mandatory to consider the twin conditions laid out in the Prevention of Money Laundering Act (PMLA) when deciding bail applications in money laundering cases. The court emphasized the seriousness of the crime and the need to comply with the rigorous requirements of Section 45 of the PMLA, which includes giving the prosecutor an opportunity to oppose bail and ensuring that the court is satisfied that there are reasonable grounds to believe the accused is not guilty and unlikely to commit another offense on bail. The ruling was made in response to an appeal filed by the Enforcement Directorate against a Patna High Court order granting bail to an accused in a money laundering case. The Supreme Court found that the High Court had granted bail without properly considering the requirements of Section 45 and remanded the case back for a fresh review.
Former chief justice of India D Y Chandrachud on Friday said media reports of him being considered for the National Human Rights Commission chairperson's post were 'untrue'.
The Union Cabinet, at a meeting chaired by Prime Minister Narendra Modi, held a detailed discussion on the Supreme Court judgement on the sub-categorisation of reservation for SCs and STs as granted in the Constitution.
Faktoo, who is in jail since 1993, is the husband of Asiya Andrabi, also a separatist leader and chairperson of Islamist organisation Dukhtaran-e-Millat.
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.
As many as 430 high court judges out of a total of 554 appointed since 2018 belong to the general category, Law Minister Kiren Rijiju told the Rajya Sabha on Thursday, noting that 58 were from the Other Backward Classes and 19 from the Scheduled Castes.
The Delhi government has requested the Centre's air quality panel to suspend the fuel ban on older vehicles, citing implementation challenges and public discontent. The government is also seeking solutions to restrictions on end-of-life vehicles.
Nanavati was appointed as judge of the Supreme Court with effect from March 6, 1995, and retired on February 16, 2000.
The Supreme Court of India has ruled that maternity leave is a fundamental right and cannot be denied to a woman based on the number of children she has from previous relationships. The court overturned a Madras High Court decision that had denied maternity leave to a Tamil Nadu government school teacher who had two children from a previous marriage. The Supreme Court emphasized the importance of reproductive rights, including maternity benefits, as part of international human rights law. The court also highlighted the right to life under Article 21 of the Indian Constitution, which includes the right to health, dignity, and reproductive choice. The decision has significant implications for women's rights and reproductive healthcare in India.
The blame must be shared by the investigating agencies, the government of the day and the nation at large, points out Colonel Anil A Athale (retd).
Setting a precedent, the Supreme Court collegium headed by Chief Justice DY Chandrachud has recommended a retired district judge for appointment as judge of the Madhya Pradesh high court.
N Srinivasan was on Friday restrained from assuming charge of the Board of Control for Cricket in India, if elected to the post, by the Supreme Court, which allowed the Board to hold its proposed Annual General Meeting scheduled for Sunday.
"There is bound to be revision," the top court said, "otherwise, how will the poll panel delete the names of those who are dead, migrated or shifted to other constituencies?"
Speaking after laying the foundation stone of the Bombay high court's new complex on land allotted by the Maharashtra government in Mumbai's upscale Bandra area, he noted the mega project was a collaboration between the state and the judiciary to provide modern infrastructure to citizens.
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.
Sajjan Kumar is currently lodged in Tihar jail.
The bench, which asked Jain to withdraw the plea filed against a Delhi high court order that dismissed a writ petition challenging the registration and recognition of the AIMIM by the Election Commission (EC), granted liberty to the petitioner to file a writ petition, wherein he may make a wider prayer for reforms in respect of political parties on different counts.
When the government chooses to either ignore or use identity documents only when it suits them, it shakes people's sense of stability, notes Shyam G Menon.
The Supreme Court of India has sought the government's response on a Public Interest Litigation (PIL) that challenges the appointment process of the Comptroller and Auditor General of India (CAG), arguing it's unconstitutional. The PIL, filed by the Centre for Public Interest Litigation, claims the current process, solely through executive appointment by the Prime Minister, undermines the CAG's independence and violates constitutional principles. The court, while acknowledging the importance of institutional trust, questioned the extent to which it should intervene in the appointment process and whether this would constitute rewriting constitutional provisions. The PIL suggests the CAG's appointment should be similar to other independent bodies, with a selection committee comprising the Prime Minister, Leader of the Opposition, and Chief Justice of India. The case has implications for the independence and transparency of India's audit system.
A Delhi court on Monday extended by 12 more days the NIA custody of 26/11 Mumbai attack accused Tahawwur Hussain Rana.
A bench comprising Chief Justice B R Gavai and Justice Augustine George Masih asked senior advocate Kapil Sibal, appearing for those challenging the validity of the law, and Solicitor General Tushar Mehta, representing the Centre, to file their written notes by Monday.
Being released from Tihar jail after 50 days on a 21-day interim bail granted by the Supreme Court, Delhi Chief Minister Arvind Kejriwal received a warm welcome from his family when he reached his residence on Friday evening.
The Supreme Court of India has rejected a plea by a woman claiming to be the legal heir of the Mughal emperor Bahadur Shah Zafar-II, seeking possession of the Red Fort in Delhi. The court termed the plea as "misconceived" and "meritless", dismissing the petition against the Delhi High Court order. The petitioner, Sultana Begum, argued that her family was deprived of the Red Fort by the British East India Company after the first war of Independence in 1857. The court, however, dismissed the petition, citing the delay in filing the appeal and the lack of justification for the claim.
The Supreme Court has directed the Indian Air Force not to release Wing Commander Nikita Pandey from service. Pandey, who participated in Operation Balakot and Operation Sindoor, was denied a permanent commission despite being an expert fighter controller. The court raised concerns about the uncertainty faced by Short Service Commission (SSC) officers who are denied permanent commissions after years of service. The court emphasized the need for a system to accommodate all suitable SSC officers in permanent commissions, highlighting the excellent performance of women officers. The court has ordered the IAF to consider Pandey's case in a second selection board and has postponed the hearing to August 6.
Besides the present CJI Chandrachud, former CJIs Ranjan Gogoi and SA Bobde and former judges Ashok Bhushan and S Abdul Nazeer were part of the bench which had delivered the historic verdict on November 9, 2019.
'The practice of selectively praising judicial decisions that align with one's views while vehemently criticising those that do not, undermines the very essence of judicial review and the rule of law'
'The most powerful lesson I have learned is to observe discipline, always show up and work hard enough if you have the will to win.'
The Aligarh Muslim University's minority status issue will have to wait to reach a logical end after the Supreme Court majority verdict on Friday asked a regular bench to decide the issue.
A bench of justices AS Bopanna and PS Narasimha clarified that the rest of the high court judgment would continue to be in force.
The revised salaries of MPs are significantly lower than the salaries drawn by top bureaucrats in the country.
The Supreme Court on Wednesday agreed to hear the Board of Control for Cricket in India's plea against the Bombay high court verdict, which declared as illegal its probe panel that was set up to look into the Indian Premier League spot-fixing and betting controversy.
A bench of Justices Sanjay Kishan Kaul, AS Oka and Vikram Nath, ordered the secretary-general to file his reply within four weeks on the issue after senior advocate Indira Jaising told that the secretary-general was yet to file an affidavit.
Security has been heightened outside the National Investigation Agency (NIA) headquarters in New Delhi, where Tahawwur Rana, the mastermind of the 2008 Mumbai terror attacks, is being held following his extradition from the United States. Rana was brought to India after the US Supreme Court dismissed his review plea against extradition. The NIA secured an 18-day custody of Rana after he was produced before a special court in Delhi. Additional police and paramilitary forces have been deployed to ensure law and order. The extradition of Rana, a close associate of David Coleman Headley, the main conspirator of the Mumbai attacks, is a significant development in the investigation into the 2008 attacks.
The Congress' attack comes after Law Minister Rijiju wrote to Chief Justice of India D Y Chandrachud suggesting the inclusion of representatives from the Union and state governments in the Supreme Court and high court collegiums.
In a first, the Supreme Court Collegium had last week recommended for appointment to the apex court three women judges, including Justice B V Nagarathna who will be in line to be the first woman Chief Justice of India (CJI) in September 2027 if she gets the final nod.
The Supreme Court on Friday declared JSW Steel Limited's resolution plan for Bhushan Power & Steel Limited (BPSL) "illegal" and ordered the latter's liquidation, four years after the company was acquired by JSW Steel under the Insolvency and Bankruptcy Code (IBC). Following the ruling, JSW Steel shares fell sharply.
The top court said that retaining the file of a case for five months after demitting office was an act of gross impropriety.
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.
A bench of Justices B R Gavai and Augustine George Masih observed it was pained to say that some of the observations made in the high court order depicted total insensitiveness and an inhuman approach.
The SCBA said it unanimously opposes the proposed museum in the high security zone and pressed the demand for a library and a cafe cum lounge.