A plea in the Supreme Court of India seeks a direction to Delhi Police to lodge an FIR over the alleged discovery of semi-burnt stash of cash from the official residence of Delhi High Court judge Yashwant Varma. The plea challenges a 1991 judgement that prohibits criminal proceedings against judges without prior consent from the Chief Justice of India, arguing it violates the principle of equality before the law. It also seeks to declare the collegium's 3-member committee investigating the incident as having no jurisdiction and calls for action against corruption within the judiciary.
The Supreme Court of India has expressed concern over the erosion of the family institution, stating that people in India, while valuing the concept of 'vasudhaiva kutumbakam' (the world is one family), are failing to maintain unity even within their immediate families. This observation came in a case involving a dispute between a mother and her eldest son over property and family relations.
The Supreme Court of India has invalidated the appointment of 25,753 teachers and other staff in West Bengal's state-run and state-aided schools, deeming the selection process "vitiated and tainted." The court ordered the state government to conduct a fresh selection process within three months. The decision comes after a Calcutta High Court verdict in April 2024, which also annulled the appointments. The apex court, while upholding the high court's order, made some modifications, including exempting disabled employees from returning their salaries. The case stemmed from alleged irregularities in the 2016 recruitment process by the West Bengal School Service Commission (SSC), involving OMR sheet tampering and rank-jumping. The Supreme Court had previously termed it a "systemic fraud." Former West Bengal education minister Partha Chatterjee and Trinamool Congress MLAs Manik Bhattacharya and Jiban Krishna Saha are among the accused being investigated in the recruitment scam.
The top court issued notice to the Election Commission on the PIL filed by author, activist and motivational speaker Shiv Khera.
The court was hearing a PIL by Gantavya Gulati, a lawyer who was appearing in person, seeking to address the "exigent legal lacuna" resulting from the enactment of the BNS which has also led to the repeal of section 377 of the Indian Penal Code (IPC).
Commencing final arguments on a batch of pleas against the verdict, the bench, heard senior lawyers including Abhishek Manu Singhvi, Salman Khursheed and Menaka Guruswamy for the petitioners.
The Supreme Court referred to a larger bench the legal issues stemming from a plea of BJP leader B S Yediyurappa, including the question whether a prior sanction to prosecute is needed under the Prevention of Corruption Act after a magisterial court order of inquiry. The questions revolve around the interplay between the provisions of the Prevention of Corruption Act and the Code of Criminal Procedure on the issue of prior sanction to prosecute a public servant.
The BJP has demanded the death penalty for former Congress MP Sajjan Kumar, who was sentenced to life imprisonment for his role in the 1984 anti-Sikh riots. The party's leaders have called for the CBI to appeal the verdict, saying it was not an ordinary murder case but a genocide. The BJP has also said that the "wheels of justice" are starting to turn and that other Congress leaders involved in the riots will soon face consequences.
The top court took note of the submission that the definition of forest under the 2023 amended law on conservation leaves out nearly 1.99 lakh sq km of forest land from the ambit of 'forest' which can be used for other purposes.
The West Bengal government has sought permission from the Calcutta High Court to appeal against the Sealdah court order that sentenced Sanjay Roy to life imprisonment until death in the RG Kar hospital doctor's rape and murder case. The state government is seeking the death penalty for Roy, the sole convict in the case, and has expressed dissatisfaction with the Sealdah court's verdict, which did not consider the crime "rarest of the rare." The court also ordered Roy to pay a Rs 50,000 fine and directed the state government to pay compensation of Rs 17 lakh to the family of the deceased doctor.
Bukhari said party president Mehbooba Mufti was scheduled to address various workers' conventions as part of her ongoing public outreach programme over the next few days.
The judge, however, ruled that there was a clear prima facie case under Section 354 of IPC for 'assault or criminal force to woman with intent to outrage her modesty".
The investigating agencies could not expose the masterminds behind the murder of rationalist Dr Narendra Dabholkar, and must introspect whether it was a mere failure or a 'deliberate inaction' due to the influence of any 'person in power', the trial court here said on Friday in its judgment.
The Supreme Court of India has ruled that informing an accused of the grounds for their arrest is not a formality but a mandatory constitutional requirement. The court declared the arrest of Vihaan Kumar, who was accused of financial fraud, as unconstitutional and ordered his immediate release. The ruling emphasizes the importance of procedural safeguards in criminal law and highlights the fundamental rights of arrested individuals. The court also expressed disapproval of the police's treatment of Kumar, including handcuffing and chaining him while he was in the hospital.
The Supreme Court on Friday said the plea seeking a policy for verification of electronic voting machines should go before the same bench that delivered a verdict in April rejecting the demand for bringing back the old paper ballots.
The Calcutta High Court has ordered the revival and prosecution of ten criminal cases related to murders in Nandigram and Khejuri during an anti-land acquisition movement in 2007. The court deemed the West Bengal government's decision to withdraw prosecution in these cases, involving the deaths of at least ten individuals, as unlawful. The bench emphasized that murders had indeed occurred and that allowing the prosecution to withdraw under Section 321 of the Criminal Procedure Code would not be in the public interest. The court stated that violence in any form should be eschewed in a democracy and that a state must exhibit zero tolerance towards it. The court set aside the state government's decision to withdraw prosecution and directed the public prosecutor to take appropriate measures within a fortnight.
The Bombay high court on Monday ordered a first information report (FIR) against five policemen for the custodial death of Badlapur sexual assault case accused Akshay Shinde, allegedly shot dead in a police van in September 2024, and setting up of an Special Investigation Team, noting that a prima facie offence is disclosed.
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.
Asserting that the dharma yudham is on, Panneerselvam, popularly known as OPS said he and his followers would go to the people to seek justice.
In a significant verdict, the Supreme Court on Tuesday upheld the validity of land acquisition for the integrated development of the Yamuna Expressway and its adjoining areas in Gautam Budh Nagar, Uttar Pradesh.
Additional sessions judge A A Jadhav of the special court for cases under the Unlawful Activities (Prevention) Act is likely to pronounce the judgement on Friday, said special public prosecutor Prakash Suryawanshi.
In an unprecedented verdict, the top court said the criminal jurisprudence required courts to apply judicial mind to the facts of a case before granting police custody if it was "genuinely required".
The Supreme Court on Wednesday directed the SEBI to complete its probe into two pending cases relating to allegations against the Adani group within three months. Holding that it cannot regulate Sebi's power of investigation, a bench headed by Chief Justice D Y Chandrachud noted that Sebi has completed its probe in 22 out of 24 cases relating to allegations against the Adani group.
The Supreme Court of India has ruled that a wife is entitled to maintenance from her husband even if she refuses to cohabit with him after a decree for restitution of conjugal rights, provided she has valid and sufficient reasons for refusing to live with him. The court stated that the circumstances of each case must be considered individually and a decree for restitution of conjugal rights does not automatically disqualify a wife from receiving maintenance. This landmark ruling clarifies the legal interpretation of Section 125(4) of the Criminal Procedure Code (CrPC) regarding maintenance and emphasizes the importance of considering individual circumstances when determining a wife's right to maintenance.
The Supreme Court of India has issued pan-India guidelines on property demolition, emphasizing that no property should be demolished without a prior show cause notice and 15 days for the affected party to respond. The court strongly criticized 'bulldozer justice', stating that the Executive cannot demolish homes simply because individuals are accused of a crime. The verdict cites the importance of shelter as a fundamental right and highlights the unconstitutionality of demolishing houses based solely on accusations or convictions.
'Presumption of innocence must guide all formal actions, but transparency must not be mistaken for pre-judgment.' 'The cruel irony, however, is that Justice Varma is a fine judge who enjoys a reputation for writing well-reasoned judgments.'
The observations came while upholding the constitutional validity of Section 6A of the Citizenship Act which grants Indian citizenship to immigrants from Bangladesh who entered Assam on or after January 1, 1966 but before March 25, 1971.
A delegation of National Democratic Alliance's SC and ST MPs, led by LJP chief Ram Vilas Paswan and Union Social Justice Minister Thawarchand Gehlot, had yesterday met Prime Minister Narendra Modi to discuss the apex court judgement diluting provisions of the SC-ST atrocities act.
A Kolkata court has sentenced Sanjay Roy to life imprisonment for the rape and murder of an on-duty doctor at R G Kar Medical College and Hospital. The court rejected the prosecution's plea for the death penalty, stating that the case does not meet the criteria for being classified as "rarest of the rare." The judge emphasized that the measure of a civilised society lies in its capacity for reform and rehabilitation, not revenge.
The Supreme Court of India expressed concern about the "criminalization of politics" and questioned how convicted individuals can return to Parliament. The court sought the assistance of the attorney general on this issue, highlighting the apparent conflict of interest and the need for clarity on the Representation of People Act's provisions. The court also raised concerns about the slow pace of trials against lawmakers, with a significant number of cases pending. The issue has been referred to a larger bench for consideration.
The CBI lawyer pleaded for the highest penalty for the convict, calling the crime "rarest of the rare".
Justice Chandrachud also dealt with questions about criticism by eminent lawyers on the allocation of cases to particular judges and 'bench hunting', and said the allocation of cases is not "lawyer-driven" and vowed to maintain the credibility of the institution of the Supreme Court.
The Gujarat high court on Thursday sentenced four policemen, including an inspector, to 14 days of simple imprisonment in a case of contempt of court that stemmed from the public flogging of some minority community members at a village in Kheda district of the state in 2022.
The Mumbai Police have recorded statements from four individuals, including social media influencer Apoorva Mukhija, in connection with controversial remarks made by Ranveer Allahbadia on the YouTube show "India's Got Talent." The controversy erupted after a video of Allahbadia's comments sparked debate on freedom of speech and decency. The Maharashtra Cyber Department registered a First Information Report against the show, and a BJP functionary filed a complaint alleging offensive language targeting disabled persons. Allahbadia has issued an apology, but the issue has gained significant attention, prompting calls for regulation of social media and an NCW summons to those involved.
'Our legal team is doing their best to argue the matter in the court.'
He referred to the top court's 2022 judgement in the Vijay Madanlal Choudhary case and said it had held that ED officers are not "police officers".
The Supreme Court of India has ruled that family members of an accused in domestic violence cases cannot be implicated without specific charges. The court emphasized the need for sensitivity in handling such cases, noting that emotions run high in matrimonial disputes and there may be a tendency to indiscriminately implicate family members. The court stressed that criminalizing domestic disputes without specific allegations and credible evidence could have disastrous consequences for the institution of family.
The top court said it cannot order a roving inquiry into purchase of electoral bonds on the assumption that it was quid pro quo for award of contract.
The humans have "selective amnesia" about the significance of forests, the Supreme Court said on Thursday while advocating the need for a change in approach towards natural resources from anthropocentric to ecocentric.
The Supreme Court of India has said that mere harassment is not sufficient to hold someone guilty of the offence of abetting suicide, and there must be clear evidence of direct or indirect incitement.