Jail Superintendents Should Make Special Efforts To Identify Women Prisoners Eligible For Release U/s. 479 Of BNSS: Supreme Court

The Supreme Court on Tuesday (November 19) directed Jail Superintendents to make special efforts to identify women prisoners who may qualify for release under Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.“Although the provisions of Section 479 of the BNSS are gender neutral, it is also necessary for this Court to say that special efforts should be made to identify women prisoners who are entitled to release under the beneficial provision. The concerned Jail Superintendents...

Supreme Court Forms SIT To Probe Allegations That TN Police Officials Violated POCSO Victim's Rights & Assaulted Parents

In a case relating to alleged sexual assault of a minor girl in Anna Nagar, Chennai, the Supreme Court recently constituted a Special Investigation Team to conduct a probe into the allegations that Chennai police violated the victim's rights and assaulted her parents. The Court further directed that the probe be monitored by the Madras High Court and awarded a cost of Rs.75,000/- in favor of the victim's family.A bench of Justices Surya Kant and Ujjal Bhuyan was dealing with a petition filed by...

Plea In Supreme Court Challenges Validity Of BNS & BNSS Provisions, Says 'Sedition' Reintroduced & Police Custody Powers Enhanced

A petition has been filed in the Supreme Court challenging the constitutional validity of the various provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Bharatiya Nyaya Sanhita, 2023 (BNS) which replaced the Code of Criminal Procedure, 1973 and the Indian Penal Code, 1860 with effect from July 1,The petition challenges the following provisions of BNS and BNSS.- Sections 111 and 113, BNS - which introduces the offences of Organised Crime and Terrorist Act. The primary...

Former Supreme Court Judge Justice HS Bedi Passes Away

Justice HS Bedi, former Supreme Court Judge passed away on November 21, Thursday. Born on September 5, 1946, Justice Bedi served as a Supreme Court judge from 12 January, 2007- September 5, 2011. Justice Bedi's son Justice Jasjit Singh Bedi is presently serving a judge in Punjab and Haryana High Court. The Punjab and Haryana High Court Bar Association circulated a message stating : "With profound grief and sorrow, it is to inform that Hon'ble Mr. Justice H.S. Bedi [Former Judge of...

Bhagavad Gita's Teachings Fundamentally Moral, Not Religious: Gujarat HC Remarks Orally In PIL Against Inclusion Of Teachings In Schools

While hearing a plea challenging the state government's resolution to include the teachings from Bhagavad Gita to be taught in schools, the Gujarat High Court on Thursday (November 21) orally said that the teachings from Bhagavad Gita are fundamentally moral and cultural and not religious. As the counsel for the petitioners' contended that the National Education Policy says that principles of all religions in the spirit of secularism should be taught and that the State has no authority to...

Absence Of Specific Provisions No Reason To Forego Fundamental Requirements Of Election Of Any Society: Supreme Court

The Supreme Court on Wednesday (November 20) observed that the lack of specific statutory election procedures does not justify bypassing fundamental requirements for conducting elections such as a properly drawn voters list.“Prima facie, we are of the view that absence of specific provisions regulating an election in the statute cannot be a reason for holding elections without the basic requirements for conducting an election to any society, which is supposed to be the democratic institution at...

'Sensitise Airport Staff': Supreme Court Endorses Centre's Guidelines On Airport Assistance For Persons With Disabilities

The Supreme Court on November 12 disposed of a writ petition filed by Arushi Singh, a person with benchmark disability, who had approached the Court about the humiliation she had to face at the Kolkata airport where she was allegedly asked to stand up by security personnel. The Court held that the guidelines suggested by the Union Government for the treatment of specially-abled persons with dignity at the airport shall be treated as mandatory onwards and shall also extend to elderly and injured...

Judges Of PMLA Courts Not Supposed To Act Like "Extended Arm Of ED": Punjab & Haryana HC Quashes Unreasoned Custodial Interrogation Order

The Punjab and Haryana High Court has cautioned the Judicial Officers deployed at Special PMLA Courts to not act as an "extended arm" of the central investigating agency Enforcement Directorate, by passing orders of remand against the suspect as a matter of course.Stating so, it set aside a Special Court's "routine order" granting ED custody for custodial interrogation of accused Balwant Singh in a PMLA case.Justice Mahabir Singh Sindhu said, "there would be no hesitation to observe...

Sikh Women Targeted For Their Attire, Children Bullied In Schools : Lawyer Tells Supreme Court In Plea To Ban Jokes On Sikh Community

In a public interest litigation seeking a ban on websites which spread jokes portraying the 'sardar' community as “persons of low intellect, stupid and foolish”, the petitioner(s) today brought to the notice of the Supreme Court grievances of women and children in the Sikh community, saying that they are subjected to ridicule and bullying but their concerns remain unaddressed.A bench of Justices BR Gavai and KV Viswanathan posted the matter after 8 weeks, upon hearing petitioner and...

Hindu Succession Act | Life Interest Given To Woman Will Not Transform Into Absolute Ownership As Per Section 14 : Supreme Court

The Supreme Court held that when a Hindu woman is given only a restricted estate in property, then she cannot claim to be the absolute owner of the property due to the application of Section 14(2) of the Hindu Succession Act 1956.Hence, such a property cannot be bequeathed through a Will.The property possessed by a Hindu woman will transform into absolute ownership by virtue of Section 14(1) only if it was based on any pre-existing right or in lieu of maintenance, the Court explained. However,...

Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA

The Supreme Court today (November 21) granted anticipatory bail to Jagannath Temple Priest, Rajkumar Daitapati in relation to PMLA proceedings initiated against him for alleged offence of money laundering. The petitioner, stated to be a generational priest of the Shri Jagannath Temple, Puri, Orrisa has been arrayed in proceedings under S. 3 and 4 of the Prevention for Money Laundering Act 2002 in connection with an FIR registered by a few foreign nationals. The FIR is against one Mr Kuldeep...

Rajasthan High Court Quashes SC/ST Act Case Against Actress Shilpa Shetty For Using Word "Bhangi" In 2013 Interview

The Rajasthan High Court has quashed a complaint against the SC/ST (Prevention of Atrocities Act) against actress Shilpa Shetty for using the word "Bhangi" in a 2013 Television interview.Justice Arun Monga held: "In light of the absence of essential ingredients for offenses under Section 153A IPC, the failure to adhere to mandatory procedural requirements under Section 196 Cr.P.C., and the lack of applicability of the SC/ST Act, the FIR is patently illegal and deserves to be quashed. The...