Religious Conversion Only To Avail Reservation Benefits Without Actual Belief Impermissible, Fraud On Constitution: Supreme Court

The Supreme Court upheld a Madras High Court decision denying a Scheduled Caste ("SC") certificate to a woman born as a Christian who claimed to be Hindu while applying for an Upper Division Clerk job in Puducherry. The Court ruled that religious conversion undertaken solely to access reservation benefits, without genuine belief in the adopted religion, undermines the fundamental...

Supreme Court Quarterly Criminal Digest 2024 [July - September]

Armed ForcesCivilian Killings - FIR and subsequent proceedings quashed due to absence of mandatory sanction under Section 6 of the Armed Forces (Special Powers) Act (AFSPA), 1958. Rabina Ghale v. Union of India, 2024 LiveLaw (SC) 707 : AIR 2024 SC 4547BailAccused in custody can seek anticipatory bail for another case. Dhanraj Aswani v. Amar S. Mulchandani, 2024 LiveLaw (SC) 675Accused need...

'Yamuna Expressway A Vital Heartline' : Supreme Court Upholds Land Acquisition For Yamuna Expressway Invoking Urgency Clause

The Supreme Court today upheld the land acquisition proceedings commenced under the Land Acquisition Act, 1894 (the Act), for the Yamuna Expressway Industrial Development Authority (YEIDA) project in Gautam Budh Nagar, Uttar Pradesh. The Court justified the State's act to invoke the urgency provisions under Sections 17(1) and 17(4) of the Act to bypass the hearing of objections under Section...

'How Do You Check Passengers Who Get Intoxicated In-Flight?' Supreme Court Asks Union In PIL By Air India Urination Case Victim

During the hearing of the Air India urination case, the Supreme Court today queried the Union as to how it checks passengers who get intoxicated in-flight and asked that the Directorate General of Civil Aviation (DGCA) examine the petitioner's suggestions to see if existing guidelines to regulate unruly flight behavior can be made more comprehensive.A bench of Justices BR Gavai and KV...

Any Land Declared As Masjid, Graveyard In Revenue Records Must Be Protected As Waqf Even If Unused By Muslims For Long : Punjab & Haryana High Court

The Punjab & Haryana High Court has said that any entry in the revenue records declaring the land as "Takia, graveyard and Maszid" is required to be protected even if the same is not used by Muslim community from a long time.The Court rejected the plea filed by a Gram Panchayat challenging the decision of a Waqf Tribunal whereby the Tribunal declared a land as waqf property and restrained...

CJI Sanjiv Khanna Stresses Importance Of Judiciary Being Open To Scrutiny & Constructive Feedback

Chief Justice of India Sanjiv Khanna in his speech during the Constitutional Day celebrations at the Supreme Court emphasized the importance of constructive feedback in identifying and eliminating systematic inefficiencies and bottlenecks in the judiciary.CJI Khanna addressed differing perspectives on the constitutional courts in India. While some consider them among the most powerful in...

Plea Bargaining Has Been A Non-Starter, Compounding And Probation Need Legislative Focus: CJI Sanjiv Khanna In Constitution Day Address

CJI Sanjiv Khanna flagged reducing case backlogs & undertrial prisoners as challenges faced by the judiciary.

Supreme Court Allows SDF Functionaries To Withdraw Pleas Challenging Reduction In Sikkim CM's Disqualification Period

Considering applications for withdrawal filed on behalf of the petitioners, the Supreme Court today dismissed two petitions challenging the appointment of Prem Singh Tamang as Chief Minister of Sikkim and the Election Commission's reduction of his disqualification period (upon conviction) from 6 years to 1 year.A bench of Justices Surya Kant and Ujjal Bhuyan passed the order, taking into...

'Worrying Trend' : Supreme Court Expresses Concerns At Using Criminal Law Against Men After Breakup Of Consensual Relationship

Unless it is shown that the physical relationship was purely out of the promise of marriage, it cannot be said that consent was vitiated due to misconception of fact, the Court said.

'Sad That Supreme Court Has To Get Involved': SC Reserves Judgment On PIL Seeking Sanitised Toilets In Courts

The Supreme Court today (November 26) reserved the judgment in a Public Interest Litigation seeking sanitised toilets in Courts and Tribunals across the country after the petitioner provided suggestions on the issue.A bench of Justices J.B. Pardiwala and R. Mahadevan reserved the judgment not before adding that the Court needs to do something about this issue. When it was suggested that...

After RTI Activist Flags Vacancies In Information Commissions, Supreme Court Seeks Data From Centre & States On CIC/SICs

The Supreme Court today called on the Centre and states to furnish data regarding vacancies in Central/State Information Commissions as well as the proposed timelines for appointment of Information Commissioners thereto.A bench of Justices Surya Kant and Ujjal Bhuyan passed the order in a PIL raising the issue of large number of vacancies in information commissions set up under the Right...

Supreme Court Suspends Sentence Of 2 Convicts In 2003 Murder Case Of Chhattisgarh NCP Leader Ram Avatar Jaggi

The Supreme Court on Tuesday (November 26) suspended the life imprisonment of two persons who were convicted for the murder of Nationalist Congress party leader Ram Avatar Jaggi in Chhattisgarh in 2003.The Court suspended the sentence of convicts Feroz Sidhique and Abhay Goel and ordered that they be released on bail during the pendency of the appeals on terms and conditions to be fixed by...