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 mass exodus of the Kashmiri Pandit community changed the very cultural ethos of Kashmir and there has been little turnback despite three decades having gone by since it got triggered by growing fundamentalism fuelled from across the border, Supreme Court judge Justice Sanjay Kishan Kaul said on Monday.
The Supreme Court on Monday stayed an interim order passed by Madras high court controversial judge Justice C S Karnan
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.
The Supreme Court on Thursday dismissed a batch of pleas seeking to review its October 2023 verdict declining legal sanction to same-sex marriage.
People must have tolerance for each other's opinion at a time when the tolerance level has gone down internationally, Supreme Court judge Justice Sanjay Kishan Kaul said on Friday.
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.
Non-heterosexual unions and heterosexual marriages ought to be considered as two sides of the same coin, both in terms of recognition and consequential benefits, Supreme Court judge Justice Sanjay Kishan Kaul said as he lamented that the only deficiency at present is the absence of a suitable regulatory framework for such unions.
A Kashmiri Pandit himself, Kaul feels, it is time now for the people to move forward, after more than 30 years of unbridled violence.
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.
"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 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.
Article 370 of the Constitution, which bestowed special status on the erstwhile state of Jammu and Kashmir, was a 'temporary provision' and any interpretation of the provision cannot postulate that integration of J-K with India was temporary, the Supreme Court ruled on Monday.
The Supreme Court, which is hearing arguments on a batch of pleas seeking legal validation for same-sex marriages, on Wednesday emphasised on the need to finish the matter in a time-bound manner, saying there are other cases waiting to be heard.
The Supreme Court Monday said the appointment of the chief justice of Manipur high court has finally received the Centre's attention and will be notified "shortly", over three months after the apex court collegium had recommended Delhi high court judge Siddharth Mridul for the post.
The Supreme Court on Tuesday termed as "unacceptable" the submission that Article 370 of the Constitution ceased to operate once the term of the constituent assembly of Jammu and Kashmir ended in 1957 after drafting the state's constitution.
The Supreme Court, which is hearing arguments on a batch of pleas seeking legal sanction for same-sex marriage, said on Thursday that the inflow of cases in the apex court is so heavy that it is impossible to list Constitution bench matters unless the time taken to argue is rationed.
A three-judge bench headed by Justice Sanjay Kishan Kaul was hearing the pleas seeking reconsideration of the July 27, 2022 verdict by a three-judge bench on certain parameters.
Govt returns 20 names to SC collegium to reconsider
The Supreme Court said on Wednesday it will examine whether its 2022 verdict upholding the Enforcement Directorate's (ED) powers to arrest and attach property involved in money laundering under PMLA required any reconsideration.
The Supreme Court said on Thursday the surrender of Jammu and Kashmir's sovereignty to India was "absolutely complete" with the accession of the former princely state in October 1947, and it was "really difficult" to say that Article 370 of the Constitution, which accorded special status to the erstwhile state, was permanent in nature.
Disagreeing with the Centre's submission that the petitions seeking legal validation of same-sex marriage reflected an 'urban elitist' view, Chief Justice of India D Y Chandrachud said on Tuesday queerness is not urban or elite, or restricted to upper classes and privileged communities.
A five-judge Constitution bench of the Supreme Court, by a 3:2 majority, on Tuesday upheld one of the adoption regulations prohibiting unmarried and queer couples from adopting children.
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.
In an emphatic victory for the Modi government, the Supreme Court on Monday unanimously upheld its decision to abrogate Article 370 of the Constitution that bestowed special status upon the erstwhile state of Jammu and Kashmir, ordered restoration of statehood "at the earliest" and set a September 30, 2024, deadline for holding the assembly elections.
I would say, unhappiness of the Government of the fact that NJAC does not pass the muster, Justice Kaul observed.
While closing the contempt proceedings, the bench observed that the matter ought to have come up for hearing earlier.
The Supreme Court on Monday ruled the former state of Jammu and Kashmir did not have any 'internal sovereignty' that was distinguishable from the powers and privileges enjoyed by other states in the country.
Is there no mechanism to abrogate Article 370 even when the people of Jammu and Kashmir want it, the Supreme Court asked on Thursday and wondered if the now repealed provision can't be touched, will it not amount to creating a "new category" beyond the basic structure of the Constitution.
A five-judge Constitution bench headed by Chief Justice D Y Chandrachud told Solicitor General Tushar Mehta, appearing for the Centre, that the nature and tenability of the preliminary objection will depend on the canvass the petitioners open up and the court wants to have a view of their argument.
Who can recommend the revocation of Article 370 in Jammu and Kashmir when no constituent assembly exists there? The Supreme Court on Wednesday put this question to the petitioners who have challenged the abrogation of the constitutional provision that bestowed special status on the erstwhile state.
Directing the Centre, states and Union Territories (UTs) to ensure the queer community is not discriminated against, the CJI, who is heading the constitution bench, said queer is a natural phenomenon known for ages and is neither urban nor elitist.
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.
A bench of Justices S K Kaul and A S Oka also expressed displeasure over the delay in clearing recommendations for transfer of high court judges, calling it a 'very serious issue', and warned that any delay in this matter may result in both administrative and judicial actions which might not be palatable.
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.
Social changes take a "little time" and sometimes it is easier to bring a law but difficult to persuade society to change with it, the Supreme Court observed on Thursday while deliberating upon the issue relating to the dissolution of marriages.
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.
Amid a spike in pollution levels in Delhi-NCR, the Supreme Court on Tuesday directed Punjab, Haryana, Uttar Pradesh and Rajasthan to ensure crop residue burning was stopped "forthwith", saying it cannot let "people die" due to pollution.
Solicitor General Tushar Mehta, appearing for the Centre, told a five-judge Constitution bench headed by Chief Justice D Y Chandrachud, which is hearing a batch of pleas seeking legal validation of same-sex marriage, that the government is positive about the suggestion for exploring administrative steps in this regard.
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.