Centre Opposes Amicus's Suggestion To Form Panel Of Former SC Judges To Deal With Stubble Burning Issue

The Central Government on Friday (November 22) opposed a proposal made to constitute a committee comprising of former judges to monitor the implementation of measures to reduce stubble burning which contributes to air pollution in Delhi-NCR. The suggestion was made by Senior Advocate Aparajita Singh, the amicus curiae appointed by the Supreme Court in the MC Mehta case.Singh told a bench comprising Justice Abhay S Oka and Justice Augustine George Masih that there are Supreme Court judges who...

Supreme Court Issues Notice On Asaram Bapu's Plea For Suspension Of Life Sentence In Rape Case In Gujarat

The Supreme Court today (November 22) issued notice to the Gujarat Government in a Special Leave Petition filed by self-styled godman Asaram Bapu for suspension of the life sentence granted by Gujarat's Gandhinagar District in a 2013 rape case.On January 31, 2023, a sessions court found Asaram Bapu guilty of raping his female disciple multiple times at his Ahemdabad-based Ashram and convicted and sentenced him to life imprisonment. He was convicted under IPC Sections 376(rape), 377(unnatural...

Delhi Air Pollution : Supreme Court Expresses Dissatisfaction With Enforcement Of Ban On Trucks, Appoints 13 Lawyers To Inspect Entry Points

In the Delhi air pollution matter, the Supreme Court on Friday (November 22) appointed 13 members of the Bar as court commissioners to visit the entry points to Delhi and verify whether entry of trucks is being stopped.As per the GRAP-IV restrictions imposed by the Commission for Air Quality Management, the entry of trucks is prohibited to Delhi-NCR to combat air pollution.The Court however expressed dissatisfaction with the compliance. "So far as complaince is concerned, we are not satisfied....

Supreme Court Rejects Punjab Govt's Request To Access Witness Statements Before Enquiry Committee On Security Lapses During PM's Visit

The Supreme Court on Friday (November 22) rejected a request made by the Punjab Government for a copy of the statements made by witnesses before the Justice Indu Malhotra Committee which enquired into the security lapses which occurred during Prime Minister Narendra Modi's travel to Punjab in January 2022.The State Government sought to access the statements to conduct enquiry against the officers who were liable for the security lapses. The Court observed that the State can conduct its enquiry...

Supreme Court To Hear West Bengal Govt Plea To Stay HC Judgment Quashing OBC Classifications On December 9

The Supreme Court today (November 22) stated that they will consider the plea of the State of West Bengal to stay the judgment of the Calcutta High Court cancelling all Other Backward Classes (OBC) certificates issued after 2010 on December 9.A bench of Justices B.R. Gavai and KV Viswanathan heard a petition filed by the State of West Bengal against the May 22 judgment, which quashed the classification of 77 communities as Other Backward Classes (OBC) under the West Bengal Backward...

'Socialism In Indian Context Means Welfare State' : Supreme Court Reserves Order On Challenge To Adding 'Socialist' & 'Secular' In Preamble

The Supreme Court on Friday (November 2022) reserved orders on a batch of petitions challenging the inclusion of the words "socialist" and "secular" in the Preamble to the Constitution as per the 42nd Amendment passed in 1976.A bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar, which heard the matter, refused the petitioners' plea to refer the matter to a larger bench. Though CJI Khanna was about to dictate the order, miffed with the interruptions from certain...

Supreme Court Stays HC Direction To Initiate Disqualification Proceedings Against HP MLAs Appointed As Parliamentary Secretaries

The Supreme Court on Friday (November 22) issued notice on a Special Leave Petition filed by the State of Himachal Pradesh against a judgment of the Himachal High Court which nullified a 2006 State Law which permitted the state government to appoint Members of the State Legislative Assembly (MLAs) as parliamentary secretaries.A bench comprising Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar also stayed the High Court's direction, till the next date of hearing, to initiate...

Supreme Court Seeks Gyanvapi Mosque Committee's Response On Plea For ASI Survey Of Sealed Area

The Supreme Court on Friday (November 22) sought the response of the Gyanvapi Masjid Committee to an application filed by Hindu worshippers for an ASI survey of the sealed area of the mosque (where a shivlinga was claimed to have been found).A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan issued notice to the Committee of Management, Anjuman Intezemia Masajid (which manages the Gyanvapi mosque) on the application filed by the worshippers. Senior Advocate Shyam Divan, assisted...

Supreme Court To Hear Manish Sisodia's Plea To Relax Bail Conditions In CBI & ED Cases Over Delhi Liquor Policy

The Supreme Court today (November 22) briefly heard two miscellaneous applications filed by former Delhi Deputy Chief Minister and Aam Aadmi Party leader Manish Sisodia in relation to the liquor policy case seeking relaxation of bail conditions. A bench of Justices B.R. Gavai and KV Viswanathan stated that they would issue notice and clarify on the next date regarding the bail conditions. The Court will hear after 2 weeks. Senior Advocate Abhishek Manu Singhvi represented...

Mobile Towers & Pre-Fabricated Buildings Moveable Properties, Qualify As 'Capital Goods' For CENVAT Credit : Supreme Court

The Supreme Court in a recent decision held that mobile service providers (MSPs) could avail the benefit of Central Value Added Tax/CENVAT Credit over excise duties paid on items such as mobile towers and prefabricated buildings. The bench of Justice BV Nagarathna and Justice N Kotiswar Singh observed that since mobile towers and PFBs could be detached and relocated, they qualified as...

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...

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...