Supreme Court Weekly Round-Up (11 March-16 March, 2024)

Supreme Court Dismisses SBI's Plea For Extension Of Time For Furnishing Electoral Bonds Details; Directs Disclosure By March 12

Case Details: State Bank of India v. Association for Democratic Reforms & Ors. | MA 486 of 2024 in Writ Petition (Civil) No. 880 of 2017

Coram: Chief Justice DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra

In the latest development in the electoral bonds case, the Supreme Court dismissed an application for extension of time filed by the State Bank of India (SBI) for complying with the court's earlier directions to furnish electoral bonds details. Concluding that the requisite information is sufficiently available with the bank, the court asked it to disclose the information by the close of business hours of March 12, 2024.

HC Erred In Setting Aside CM's Remarks Against IAS Officer's PAR : Supreme Court Allows Haryana Govt Appeal Against Ashok Khemka

Case Title: The State of Haryana v. Ashok Khemka and Anr., 2024 LiveLaw (SC) 220

Coram: Justices Vikram Nath and Satish Chandra Sharma

The Supreme Court today allowed Haryana government's challenge to a Punjab and Haryana High Court order, which set aside Chief Minister ML Khattar's (Accepting Authority's) remarks and overall grade regarding senior IAS Officer Ashok Khemka's Performance Appraisal Report (PAR).

Supreme Court Refuses To Stay Acquittal Of GN Saibaba & 5 Others, Says HC Judgment Prima Facie Well Reasoned

Case Title: State of Maharashtra v. Mahesh Kariman Tirki & Ors., Diary No. 10501 of 2024

Coram: Justices BR Gavai and Sandeep Mehta

The Supreme Court on Monday (March 11) refused to stay the judgment of the Bombay High Court, which acquitted Professor GN Saibaba and five others in a case under the Unlawful Activities (Prevention) Act 1967 over alleged Maoist links.

The bench, while hearing the special leave petition filed by the State of Maharashtra, made a prima facie observation that the judgment of the high court is "very well reasoned".

Supreme Court Dismisses WB Govt's Challenge To HC Ordering CBI Probe Into Sandeshkhali Violence, Expunges HC's Remarks Against Police

Case Title: State of West Bengal & Ors. v. Enforcement Directorate, Kolkata Zonal Office I & Anr., Special Leave Petition (Civil) No. 5875-5876 of 2024

Coram: Justices BR Gavai and Sandeep Mehta

In a significant decision, the Supreme Court dismissed West Bengal government's plea against the Calcutta High Court's decision to transfer the probe into the attack against ED officials at Sandeshkhali to the Central Bureau of Investigation (CBI).

However, the apex court did agree to expunge the critical observations made by the high court regarding the conduct of the state government and police.

Supreme Court Suspends Former TN Minister Ponmudi's Conviction & Sentence In DA Case

Case Title: K Ponmudi@Deivasigamani v. The State of Tamil Nadu, Crl.A. No. 530-531/2024

Coram: Justices Abhay S Oka and Ujjal Bhuyan

The Supreme Court suspended the conviction and the 3-year sentence awarded to former Tamil Nadu Higher Education Minister K Ponmudi in a disproportionate assets case.

The Bench directed that Ponmudi shall appear before the Special Court and complete the bail formalities within a period of 1 month. Till the time these formalities are completed, the order granting exemption from surrendering will continue to operate, it added.

'No Live Issue Existing' : Supreme Court Dismisses PIL To Declare Right To Vote As Fundamental Right

Case Details : DEVADIPTA DAS vs. UNION OF INDIA Diary No.- 3169 - 2024

The Supreme Court refused to entertain a Public Interest Litigation (PIL) seeking the declaration of voting rights as part of fundamental rights.

Chief Justice of India (CJI) highlighted the necessity for a live controversy to be present before the court, emphasizing the need for a "live lis" (legal dispute) to warrant jurisdiction under Article 32.

Should CBFC's Advisory Panel Include Persons With Disability To Deal With Films Portraying Disability? Supreme Court To Consider

Case Details: Nipun Malhotra vs Sony Pictures Films India Pvt Ltd SLP(C) No. 005239 - / 2024

Coram: CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra

The Supreme Court issued notice in a petition challenging the alleged insensitive portrayal of disabled individuals in the film 'Aankh Micholi,' produced by Sony Pictures. The Court, in the present matter, will consider the potential implications of the Rights of the Persons with Disabilities Act 2016 ( Act of 2016) on the certification process for films involving differently-abled individuals.

Allegation Of Sexual Harassment Committed Within Closed Confines Requires Closer Scrutiny If Victim's Statement Is Doubtful: Supreme Court

Case Title: NIRMAL PREMKUMAR & ANR. VERSUS STATE REP. BY INSPECTOR OF POLICE., 2024 LiveLaw (SC) 221

Coram: Justices Dipankar Datta, KV Viswanathan and Sandeep Mehta

The Supreme Court observed that the offence of sexual harassment committed within the confines of a room or a house (under the POCSO Act) requires closer scrutiny by the courts while deciding the conviction of the accused solely based on the victim's statements.

Anticipatory Bail Can't Be Denied On Mere Assertion Of State That Custodial Interrogation Of Accused Is Required: Supreme Court

Case Title: ASHOK KUMAR VERSUS STATE OF UNION TERRITORY CHANDIGARH., 2024 LiveLaw (SC) 223

Coram: Justices JB Pardiwala and Manoj Misra

Recently, the Supreme Court held that anticipatory bail can't be denied merely because the custody of the accused is required by the State for custodial interrogation.

The Supreme Court observed the State cannot oppose the bail plea citing the requirement of custodial interrogation unless the State proves that why the custodial interrogation of the accused is required for investigation.

Filing Of Suit To Assert Rights Cannot Amount To Contempt Of Court: Supreme Court

Case Title: M/S SHAH ENTERPRISES THR. PADMABEN MANSUKHBHAI MODI VERSUS VAIJAYANTIBEN RANJITSINGH SAWANT & ORS., 2024 LiveLaw (SC) 224

Coram: Justices B.R. Gavai, Rajesh Bindal, and Sandeep Mehta

The Supreme Court recently, while hearing an appeal dismissing a contempt petition, observed that filing a suit to assert rights cannot amount to contempt of court.

“We find that, by no stretch of imagination, it could be said that the filing of the suit for asserting the rights of the plaintiffs/respondents could be said to be amounting to contempt of the Court.”

Judiciary Must Avoid Unnecessary Interference With Administrative Decisions Involving Specialized Expertise: Supreme Court

Case Title: The State of Haryana v. Ashok Khemka and Anr., 2024 LiveLaw (SC) 220

Coram: Justices Vikram Nath and Satish Chandra Sharma

While allowing the appeal against a Punjab and Haryana High Court order, which set aside Chief Minister ML Khattar's (Accepting Authority's) remarks and overall grade regarding senior IAS Officer Ashok Khemka's Performance Appraisal Report (PAR), the Supreme Court yesterday reiterated the principle of judicial restraint in administrative decisions.

Conveyance Takes Place Only At Time Of Registration Of Sale Deed; Need For Sanction For Conveyance Doesn't Bar Agreement To Sell : Supreme Court

Case Title: BABASAHEB vs. RADHU VITHOBA BARDE., 2024 LiveLaw (SC) 225

Coram: Justices BV Nagarathna and Augustine George Masih

The Supreme Court observed that conveyance by way of sale would take place only at the time of registration of a sale deed in accordance with Section 17 of the Registration Act, 1908. Therefore, the Court held that there is no bar for a tribal in Maharashtra to enter into an agreement to sell and seeking advance sale consideration.

HC's Order 'Smacks of Arbitrariness and Perversity', Supreme Court Sets Aside Allahabad HC's Order Passed Without Hearing Parties

Case Title: SUNEETA DEVI VERSUS AVINASH AND OTHERS., 2024 LiveLaw (SC) 226

Coram: Justices BR Gavai and Sandeep Mehta

The Supreme Court set aside the order of the Allahabad High Court passed in gross violation of the principle of natural justice whereby the order was passed without hearing to the opposite parties.

Chargesheets Submitted By Police Officers Must Have All Necessary Details As Per Section 173(2) CrPC: Supreme Court

Case Title: DABLU KUJUR VERSUS THE STATE OF JHARKHAND., 2024 LiveLaw (SC) 227

Coram: Justices Bela M. Trivedi and Pankaj Mithal

The Supreme Court observed that police officers submitting the police report/chargesheet to the magistrate as per the State Police Manual shall abide by the particulars of Section 173 (2) and directed the officers in charge of every police station across the country to strictly comply with the mandatory requirements of Section 173 (2) of Cr.P.C. failing which it shall be strictly viewed by the concerned courts i.e., where the chargesheet/police report is filed.

Workers Employed To Perform Perennial/Permanent Nature Of Work Can't Be Treated As Contractual Workers : Supreme Court Allows Regularisation

Case Title: MAHANADI COALFIELDS LTD. VERSUS BRAJRAJNAGAR COAL MINES WORKERS' UNION., 2024 LiveLaw (SC) 230

Coram: Justices P.S. Narasimha and Sandeep Mehta

The Supreme Court observed that the workers employed to perform perennial/permanent nature of work couldn't be treated as contract workers under the Contract Labour (Regulation & Abolition) Act, 1970 to deny them the benefit of regularization of a job.

SCBA Members, Who Were Eligible To Vote In 2023 Elections, Can Participate In Special General Meeting Of April 16: Supreme Court

Case Title: Supreme Court Bar Association v. BD Kaushik, Diary No. 13992/2023

Coram: Justices Surya Kant and KV Viswanathan

Ahead of the Supreme Court Bar Association's Special General Meeting, the Court has modified the eligibility of the members who can participate in this meeting. The Bench clarified that Supreme Court Bar Association members who, per Rule 23 of the SCBA rules, were eligible to vote in the previous elections could participate in this meeting.

Transfer Of Govt Employee Not Vitiated Merely Because It Was Issued At Instance Of MLA : Supreme Court

Case Title: SRI PUBI LOMBI VS. THE STATE OF ARUNACHAL PRADESH., 2024 LiveLaw (SC) 231

Coram: Justices J.K. Maheshwari and Sanjay Karol

The Supreme Court observed that the interference by the court in an order of transfer at the instance of a state employee holding a transferrable position without any violation of statutory provision is impermissible.

Supreme Court Asks States To Inform Steps Taken To Regularise Special Teachers Working On Contractual Basis

Case Title: Rajneesh Kumar Pandey & Ors. v. Union of India & Ors, Writ Petition(s)(Civil) No(s). 132/2016

Coram: Justices CT Ravikumar and Rajesh Bindal

In a matter pertaining to special teachers being engaged on contract basis without security of tenure, the Supreme Court has called for affidavits from all States in the country specifying the number of such teachers working under them on contractual basis, who are Rehabilitation Council of India (RCI)-trained and eligible to be appointed.

'No Case Made Out' : Supreme Court Rejects Manish Sisodia's Curative Petitions Seeking Bail In Delhi Liquor Policy Scam Case

Coram: Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai and SVN Bhatti

The Supreme Court dismissed the curative petitions filed by Aam Aadmi Party (AAP) leader and former Delhi Deputy Chief Minister, Manish Sisodia seeking bail in the Delhi liquor policy scam case.

No Anticipatory Bail To Accused Against Whom Non-Bailable Warrant & Proclamation Under Section 82 CrPC Are Pending: Supreme Court

Case Title: SRIKANT UPADHYAY VS. THE STATE OF BIHAR., 2024 LiveLaw (SC) 232

Coram: Justices C.T. Ravikumar and Sanjay Kumar

The Supreme Court held that an accused would not be entitled to pre-arrest bail if the non-bailable warrant and the proclamation under Section 82(1) Cr.P.C. is pending against him.

NEET-MDS : Supreme Court Refuses To Postpone NEET-MDS 2024 Exam, Centre Says Internship Cut-Off Date Extended To June 30

Case Title: Aditya Dubey & Ors. v. Union of India & Ors., Writ Petition (Civil) No. 104 of 2024

Coram: CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra

The Union Government informed the Supreme Court that it has extended the internship cut-off date for the NEET MDS exam from March 31, 2024 to June 30, 2024.

Taking note of this submission made by the Union, the Court closed an application filed by the NEET MDS aspirants seeking to reschedule the NEET MDS 2024 which is due on March 18, 2024, and to direct extension of cut-off for eligibility after revising the internship completion dates.

S.143A NI Act | Interim Compensation In Cheque Dishonour Cases Isn't Mandatory : Supreme Court Lays Down Broad Parameters

Case Title: RAKESH RANJAN SHRIVASTAVA VERSUS THE STATE OF JHARKHAND & ANR., 2024 LiveLaw (SC) 235

Coram: Justices Abhay S. Oka and Ujjal Bhuyan

The Supreme Court observed that mere filing of the cheque dishonor complaint under the Negotiable Instruments Act would not grant a right to a complainant to seek interim compensation under Section 143A (1) of the N.I. Act, as the power of the court to grant interim compensation, isn't mandatory but discretionary and needs to be decided after prima facie evaluating the merits of the case.

Supreme Court Grants Interim Protection To Poet In Case Over Poem Titled 'Ram'

Case Title: Rakib Uddin Ahmed @ Neelabh Sourav v. State of Assam and Anr., SLP(Crl) No. 3592/2024

Coram: Justices MM Sundresh and SVN Bhatti

In anticipatory bail plea of a man accused of hurting religious sentiments and creating communal discord through his poem on Hindu God Shri Ram and Goddess Sita, the Supreme Court today issued notice.

Retired HC Judges Can't Be Discriminated Regarding Pension Based On Whether They're Elevated From Service Or Bar : Supreme Court

Case details : UNION OF INDIA MINISTY OF LAW JUSTICE vs. JUSTICE (RETD.) RAJ RAHUL GARG (RAJ RANI JAIN) | SLP(C) No. 007246 - / 2019

Coram: Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra

In an important judgment, the Supreme Court held there cannot be any discrimination between the retired High Court judges, depending on their source of elevation (whether from the bar or the District Judiciary), while computing their pensionary benefits.

Justice Gavai-led Bench Says Aravalli Batch Matters Ought To Be Listed Before It; Asks Registry To Take Instructions From CJI

Case Title: IN RE: T.N. GODAVARMAN THIRUMULPAD vs. UNION OF INDIA AND ORS., Diary No.- 2997 – 1995

Coram: Justices B.R. Gavai and Sandeep Mehta

The Supreme Court's Green Bench has directed the registry to obtain CJI's order on whether all the matters pertaining to Aravalli Range can be heard together by the same Bench.

NI Act | Director Not Responsible For Day-To-Day Affairs Of Company Can't Be Held Liable For Cheque Dishonour: Supreme Court

Case Title: SUSELA PADMAVATHY AMMA VS. M/S. BHARTI AIRTEL LIMITED., 2024 LiveLaw (SC) 237

Coram: Justices B.R. Gavai and Sandeep Mehta

The Supreme Court observed that the Director of the company not responsible for its day-to-day affairs cannot be held liable for dishonor of cheque under the Negotiable Instruments Act,1882.

Constitution Bench Hearing

Is Royalty On Mining Leases Tax? What Are States' Powers To Tax Mineral Rights? Supreme Court 9-Judge Bench Reserves Judgment

Case details: Mineral Area Development v. M/S Steel Authority Of India & Ors (CA N0. 4056/1999)

Coram: CJI DY Chandrachud, Justices Hrishikesh Roy, Abhay Oka, BV Nagarathna, JB Pardiwala, Manoj Misra, Ujjal Bhuyan, SC Sharma and AG Masih.

The Supreme Court 9 judge constitution bench has reserved its judgment on the issue of whether royalties on mining leases be considered as tax and whether the States have the power to levy royalty/tax on mineral rights. The 8 days long hearing deliberated upon the multifaceted taxation matter of mineral-bearing lands. The key reference question involved in the present matter is to examine the nature and scope of royalty as prescribed under Section 9 of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) and whether it could be termed as tax.

News Update

Appoint Arun Goel's Replacement In Election Commission Only As Per SC Judgment & Not New Act : Plea In Supreme Court

Case Title: Dr. Jaya Thakur & Ors. v. Union of India & Anr., Writ Petition (Civil) No. 14 of 2024

In a pivotal development, Congress leader Jaya Thakur has filed an application before the Supreme Court to restrain the Union from appointing a new Election Commissioner (EC) as per the latest Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 (Act).

Supreme Court Extends Stay On Defamation Proceedings Against Arvind Kejriwal For Retweeting Dhruv Rathee's Video On BJP IT Cell

Case Title: Arvind Kejriwal v. State (National Capital Territory Of Delhi) & Anr., Special Leave Petition (Criminal) No. 2413 of 2024

Coram: Justices Sanjiv Khanna and Dipankar Datta

In a challenge to the defamation case lodged against Delhi Chief Minister Arvind Kejriwal for retweeting a video by Youtuber Dhruv Rathee making certain allegations against Bharatiya Janata Party (BJP) IT Cell, the Supreme Court today extended the interim stay of trial proceedings against Kejriwal.

Supreme Court Grants Interim Protection To Aaj Tak's Sudhir Chaudhary In Jharkhand Police FIR Over Alleged Anti-Tribal Remarks

Case: Sudhir Chaudhary v. State of Jharkhand SLP(Crl) No. 3525/2024

Coram: Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra

The Supreme Court granted interim protection to Sudhir Chaudhary, Consulting Editor of Aaj Tak TV channel, in relation to an FIR registered by the Jharkhand Police over the alleged remarks made by him against the tribal community following the arrest of former Jharkhand Chief Minister Hemant Soren.

'Atrocious' : Supreme Court Frowns Upon Madras HC Judgment That Watching Child Porn In Private Isn't Offence

Case Details: JUST RIGHTS FOR CHILDREN ALLIANCE vs. S. HARISH Diary No.- 8562 - 2024

Coram: CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra

The Supreme Court, orally expressed disapproval of a recent Madras High Court judgment, which declared that downloading and viewing child pornography is not an offence.

"This is atrocious", Chief Justice of India orally remarked about the High Court's reasoning.

'Counselling' In Habeas Corpus Proceedings Should Not Be To Change One's Sexual Orientation Or Gender Identity: Supreme Court

Case Details: DEVU G. NAIR vs. THE STATE OF KERALA SLP(Crl) No. 001891 - / 2023

Coram: CJI DY Chandrachud, comprising Justices JB Pardiwala and Manoj Misra

The Supreme Court issued a word of caution that there should not be any attempt to influence the sexual orientation or gender identity of persons by directing them to undergo "counselling" during habeas corpus proceedings before High Court.

Manipur Violence | Judges Committee Raises Concerns About Armed Protests By Weaponised Outfits, Supreme Court Seeks Union's View

Case Details : Dinganglung Gangmei vs Mutum Churamani Meetei & Ors | 2023 LiveLaw (SC) 626

Senior Advocate Ms. Makhija, representing the Court-appointed Committee led by Justice Gita Mittal, brought urgent concerns before the Supreme Court regarding recent spurt of violence in Manipur. The Committee, formed in August 2023 to address humanitarian issues arising from ethnic violence, sought specific directions from the court to restrain protesting organizations from inciting violence against State Administration.

ED v. Tamil Nadu | Can't There Be Judicial Oversight Before Coercive Orders Are Passed? Supreme Court Asks

Case Title: Directorate of Enforcement v. The State of Tamil Nadu, W.P.(Crl) No. 23/2024 (and connected matter)

Coram: Justices Surya Kant and KV Viswanathan

The Supreme Court posted to March 20, 2024 a plea by the ED seeking transfer of investigation into bribery allegations against one of its officers from Tamil Nadu State authorities to CBI. The Bench also enquired if judicial oversight could be brought both ways before any coercive steps are taken.

'Prima Facie Unconstitutional' : Indian Union Muslim League Moves Supreme Court To Stay Citizenship Amendment Rules 2024

A day after the Union Government notified the rules to implement the controversial Citizenship Amendment Act 2019, the Indian Union Muslim League (IUML) filed an application seeking stay of the Citizenship Amendment Rules 2024.

Allow Additional Borrowing By Kerala Before March 31 As One Time Measure Subject To Adjustment Next FY : Supreme Court Urges Union

Case Details : State of Kerala v. Union of India., Original Suit No. 1 of 2024

Coram: Justices Surya Kant and KV Viswanathan

The Supreme Court urged the Union Government to relax the borrowing limits for the State of Kerala for the current financial year before March 31, 2024 as a one-time measure as a special case. The Court suggested that more rigid conditions can be imposed for the next financial year.

Mahua Moitra's Expulsion Beyond Judicial Review, Parliament Sovereign On Its Internal Proceedings : Lok Sabha Secretariat Tells Supreme Court

Case Details: Mahua Moitra v. Lok Sabha Secratariat & Ors. | Writ Petition (Civil) No. 1410 of 2023

The Lok Sabha secretariat asserted the Parliament's exclusive jurisdiction over its internal proceedings and procedures, in response to Trinamool Congress leader Mahua Moitra's plea challenging her expulsion from the Lok Sabha.

ADR Seeks Urgent Hearing Of Challenge In Supreme Court Against New Election Commissioners' Law Dropping CJI From Selection Committee

Case Details: Association for Democratic Reforms v. Union of India., Writ Petition (Civil) No. 87 of 2024

A plea challenging the constitutionality of Section 7 of the Chief Election Commissioner and Other Election Commissioners Act, 2023 was mentioned on Tuesday (March 12) before the Supreme Court, seeking an urgent hearing.

This petition, moved by the Association for Democratic Reforms (ADR), sought relief against the provision, which lays down the process for the appointment of the Chief Election Commissioner and other Election Commissioners.

'What Fundamental Right Violated?': Supreme Court Asks Rebel Congress MLAs Who Filed Writ Petition Against Disqualification From HP Assembly

Case Details: Chaitanya Sharma & Ors. v. Speaker, Himachal Pradesh Legislative Assembly & Ors., Writ Petition (Civil) No. 156 of 2024

Coram: Justices Sanjiv Khanna, Dipankar Datta, and Prashant Kumar Mishra

The Supreme Court adjourned until next week the hearing of a plea by six rebel MLAs of the Congress party challenging their disqualification from the Himachal Pradesh state assembly. The adjournment was granted at the petitioners' request. The court, however, expressed its doubts over the maintainability of the petition under Article 32 of the Constitution, asking which fundamental rights of the petitioners were violated.

'Extending Citizenship Based On Religion Offends Secularism' : DYFI Moves Supreme Court To Stay Citizenship Amendment Rules 2024

The Democratic Youth Front of India (DYFI) filed an application in the Supreme Court seeking to stay the Citizenship (Amendment) Rules 2024.

In the application, the DYFI contended that granting citizenship based on the religion of immigrants offends the fundamental principle of secularism. The Citizenship Amendment Act 2019, for the first time ever in the history of India, introduced religion as a condition to grant citizenship to immigrants.

Supreme Court Puts On Hold Karnataka Govt's Board Exams For Classes 5, 8 & 9

Case Title: Registered Unaided Private Schools Management Association Karnataka v. State of Karnataka and Ors., SLP(C) No. 6256/2024 (and connected matters)

Coram: Justices Bela M. Trivedi and Pankaj Mithal

The Supreme Court on Tuesday (March 12) put on hold the Board Exams proposed to be held by the Karnataka Government for students of Classes 5, 8 and 9 of the schools affiliated to the State Board.

The Court allowed the appeals filed by organisations of private schools and parents challenging the interim order passed by a division bench of the Karnataka High Court on March 7 staying a single bench judgment which quashed the Government's decision to hold board exams for Classes 5, 8,9 and 11.

The Supreme Court set aside the interim order of the High Court division bench and asked it to decide the main appeals expeditiously.

Delhi Liquor Policy Case | Supreme Court To Hear AAP MP Sanjay Singh's Bail Plea And Challenge Against ED Arrest On March 19

Case Details: Sanjay Singh v. Union of India & Anr., Special Leave Petition (Criminal) No. 14510 of 2023 AND Sanjay Singh v. Directorate Of Enforcement., Special Leave Petition (Criminal) No. 2558 of 2024

Coram: Justices Sanjiv Khanna, Dipankar Dutta and Prashant Kumar Mishra

The Supreme Court directed Aam Aadmi Party (AAP) leader Sanjay Singh's challenge against his arrest by the Enforcement Directorate (ED) in connection with the alleged Delhi liquor policy scam and bail application to be listed for hearing on Tuesday, March 19.

'Not Keen On Letting Interim V-Cs Continue, Regular Appointments Needed': Supreme Court On WB Universities Row

Case Details: State of West Bengal v. Dr. Sanat Kumar Ghosh & Ors. | Special Leave Petition (Civil) No. 17403 of 2023

Coram:Justices Surya Kant and KV Viswanathan

The Supreme Court expressed reluctance to allow interim vice-chancellors to continue in their roles indefinitely in state-run universities in West Bengal, stressing the need to initiate the process for regular appointments without further delay.

SBI Furnishes Electoral Bonds Details To ECI After Supreme Court Rebuke

In a significant development following the Supreme Court's rebuke, the State Bank of India (SBI) has furnished electoral bonds details to the Election Commission of India (ECI) in compliance with the court's directives.

'Legitimizing Illegal Migration' : All Assam Students Union Moves Supreme Court Challenging Citizenship Amendment Rules 2024

The All Assam Students Union (AASU) has filed a writ petition in the Supreme Court seeking the annulment of the Citizenship Amendment Rules 2024. ASSU asserts that the notification of the Rules on 11.3.2024 stands in stark contradiction to the Assam Accord and S. 6A of the Citizenship Act 1955. AASU argues that these rules legitimize illegal migrants, adversely impacting indigenous culture and violating constitutional provisions.

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court

Case Title: NARESH KUMAR & ANR. VERSUS THE STATE OF KARNATAKA & ANR., 2024 LiveLaw (SC) 228

Coram: Justices Sudhanshu Dhulia and PB Varale

The Supreme Court reiterated that the High Court by exercising their inherent power must quash the prosecution based on the criminal complaint arising out of a civil transaction.

Farmers' Protest | Supreme Court Refuses To Entertain Ex-BJP MLA's Plea To Remove Protesters From Delhi Borders; Asks Him To Approach HC

The Supreme Court declined to entertain a public interest litigation (PIL) petition seeking the immediate removal of farmers from the borders of Delhi, amidst the ongoing farmers' protest demanding minimum price guarantees for their crops.

Social worker and former Bharatiya Janata Party MLA Nand Kishore Garg, in a bid to clear the border areas, approached the apex court with this plea.

Kerala Rejects Union's Offer To Allow Borrowing Of Rs 5K Crores With Conditions, Urges Supreme Court To Hear Suit On Merits

Case Details: State of Kerala v. Union of India., Original Suit No. 1 of 2024

Coram: Justices Surya Kant and KV Viswanathan.

The Union Government informed the Supreme Court it can give consent to an additional borrowing by the State of Kerala for an amount of Rs 5000 crores in the present financial year as a one-time measure. However, this will be subject to stringent conditions to be imposed the next Financial Year.

Senior Advocate Kapil Sibal, appearing for the State of Kerala, refused the Centre's proposal, saying that the concession is based on a presumption that the State was not entitled to the additional borrowing.

'CAA Will Ensure Only Muslims Excluded From NRC Will Face Action' : Assam Congress Leaders Approach Supreme Court

The Leader of Opposition in the Assam Assembly, Mr. Debabrata Saika, and Congress MP from Assam, Mr. Abdul Khaleque, have filed an interim application in the Supreme Court seeking a stay on the implementation of the Citizenship Amendment Rules 2024 notified on March 11. The application contends that these rules are unconstitutional and violate the Assam Accord.

Electoral Bonds Data Given To ECI In Two PDF Files With Purchaser & Political Parties Details : SBI Chairman Tells Supreme Court

The Chairman of the State Bank of India (SBI) filed a compliance affidavit, informing the Supreme Court that the Bank has furnished the details of electoral bonds to the Election Commission of India (ECI). The details have been provided in two separate information packets the first containing details of the purchasers of the electoral bonds, and the second containing names of the political parties who have encashed these bonds with all the requisite details.

Existing Ships Need Modification Before Female Officers Can Be Sent On Sea Borne Missions: Coast Guard Tells Supreme Court

Case Title: Priyanka Tyagi v. Union of India & Ors., Special Leave to Appeal (C) 3045/2024

Responding to a woman officer's petition seeking permanent commission, the Indian Coast Guard has told the Supreme Court that various infrastructural changes are to be made to send female officers on sea-borne missions. The affidavit affirmed by the Principal Director, Coast Guard Head Quarters, stated that ICG, primarily a sea-going service, allocates 66% of its billets for manning afloat units, leaving only 33% for shore support units. Limited shore billets result in prolonged sea tenures for officers.

Farmers Protest | Haryana Govt Approaches Supreme Court Against High Court Directing Judicial Inquiry Into Death Of Protesting Farmer

Case Title: The State Of Haryana Vs. Uday Pratap Singh |Diary Number 11369-2024

The Haryana government has filed a Special Leave Petition challenging the High Court's order of a judicial inquiry into the death of a protesting farmer, Shubhkaran Singh, who lost his life on February 21 on the Punjab-Haryana border.

According to the case details available on the Supreme Court's website, the instant appeal was filed on March 11. However, it is still on the defect list. In other words, the registry has not cleared it for listing.

Supreme Court Asks Ajit Pawar Group To Not Use Sharad Pawar's Name & Photo In Posters; Suggests 'Clock' Symbol Be Not Used

Case Details: Sharad Pawar v. Ajit Anantrao Pawar & Anr., Special Leave Petition (Civil) No. 4248 of 2024

Coram: Justices Surya Kant and KV Viswanathan

The Supreme Court asked the Ajit Pawar faction, which has been officially recognized as the Nationalist Congress Party (NCP) by the Election Commission of India, why they are using the pictures of former NCP supremo Sharad Pawar in campaign materials.

Supreme Court Invites Fresh Applications For Senior Designation

The Supreme Court has invited applications from Advocates/Advocates-on-Record as well as Former Chief Justices/Judges of High Courts for designation as Senior Advocates in terms of the 2023 guidelines available on the Court website.

Election Commission Uploads Electoral Bonds Data On Website As Per Supreme Court's Direction

The Election Commission of India has uploaded on its website the data supplied by the State Bank of India regarding electoral bonds. Two sets of files can be seen on the webpage. One set contains the purchase details - date of purchase of the electoral bond, the name of the purchaser and the denomination.

The second set contains the political parties' details- date of encashment, the name of the political party and the denomination. Notably, no link between the purchaser and the party is discernible from the files.

Supreme Court Says State Bank Of India Has To Disclose Electoral Bond Numbers, Issues Notice To SBI

Case Details: Association for Democratic Reforms & Anr. v. Union of India & Ors., Diary No. 11805 of 2024

Coram: Chief Justice DY Chandrachud, Justice Sanjiv Khanna, Justice BR Gavai, Justice JB Pardiwala, and Justice Manoj Misra

The Supreme Court has categorically stated that the State Bank of India (SBI) has to disclose electoral bonds numbers as well, in addition to the details it has already disclosed regarding the purchase and redemption of the bonds.

Supreme Court To Hear Pleas For Staying Citizenship Amendment Rules 2024 On March 19

The Supreme Court has agreed to hear a batch of pleas for staying the freshly-notified Citizenship Amendment Rules on Tuesday, March 19.

'Normally We Don't Stay A Legislation' : Supreme Court Posts Pleas To Stay Election Commissioners Act On March 21

Case Details: Dr Jaya Thakur & Ors. v. Union of India & Anr., Writ Petition (Civil) No. 14 of 2024 and connected matters

Coram: Justices Sanjiv Khanna, Dipankar Datta, and Augustine George Masih

The Supreme Court decided to postpone the hearing on pleas to stay the new law that removes the Chief Justice of India from the selection panel appointing election commissioners. Stating that the interlocutory applications are not on record, the court posted the matter to March 21.

1984 Anti-Sikh Riots : Supreme Court Calls CBI's Response On Ex-Congress Councilor Balwan Khokhar's Furlough Plea

Case Title: Balwan Khokhar v. CBI Crl. A. No. 1665-66/2019

Coram: Justices JK Maheshwari and Sanjay Karol

In a furlough application filed by former Congress Councillor Balwan Khokhar, one of the convicts in 1984 anti-Sikh riots case, the Supreme Court today called for a response from Central Bureau of Investigation.

Employer Can't Change Qualifications Prescribed In Advertisement In The Middle Of Selection Process : Supreme Court

Case Title: ANIL KISHORE PANDIT VERSUS THE STATE OF BIHAR AND OTHERS., 2024 LiveLaw (SC) 233

Coram: Justices Hima Kohli and Ahsanuddin Amanullah

Recently, the Supreme Court observed that any change to the eligibility/qualifications prescribed in the recruitment advertisement in the middle of the selection process is an impermissible exercise and would tantamount to denial of opportunity to the candidate eligible to be selected as per the original advertisement.

Supreme Court Posts BRS Leader K Kavitha's Plea Against ED Summons To March 19

Case Title: KALVAKUNTLA KAVITHA v. DIRECTORATE OF ENFORCEMENT, W.P.(Crl.) No. 103/2023 (and connected matter)

Coram: Justices Bela M Trivedi and Pankaj Mithal

The Supreme Court adjourned the hearing of the plea by Bharat Rashtra Samithi (BRS) leader and former Telangana CM's daughter K. Kavitha challenging ED summons in relation to the Delhi Excise Policy case till March 19.

Primary Teachers | Any Bridge Course To Put B.Ed. Holders At Par With D.El.Ed. Candidates? Supreme Court Asks Union

Case Title: Devesh Sharma v. Union of India & Ors.m M.A. Diary No(s). 4303/2024 in C.A.No.5068/2023

Coram: Justices Aniruddha Bose and Sudhanshu Dhulia

In a service-related matter, the Supreme Court has asked the Union of India to apprise if there is any bridge course in operation that teachers with Bachelor of Education (B.Ed.) qualification, who were appointed prior to its judgment in 2023, can take to train themselves to be at par with D.El.Ed candidates.

States Are In Prima Facie Violation Of Directions Issued For Exepditing Adoption Process : Supreme Court Gives Last Chance To Comply

Case Title: The Temple of Healing v. Union of India| WP(C) 1003/2021

Coram: Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra

The Supreme Court, while hearing a PIL to simplify adoption procedures, observed that the States are prima facie in breach of the previous directions to expedite the adoption process. In view of this, the Court gave the States one last opportunity to comply with the directions, failing which the Court may resort to coercive proceedings.

Can Writ Under Article 32 Be Issued Against A Private Individual? Supreme Court To Examine

Case Title: SUNIL KUMAR SINGH vs. Y.S. JAGAN MOHAN REDDY., Diary No.- 22175 – 2020

Coram: Justices Surya Kant and K.V. Vishwanathan

The Supreme Court is set to examine a crucial point for its adjudication: "whether a writ under Article 32 of the Constitution of India can be issued against a private individual and if so under what circumstances an appropriate writ can be issued.?”

Bhima Koregaon Case | 'Don't Need Shoma Sen In Custody Anymore': NIA Tells Supreme Court; Oral Arguments In Bail Plea Concluded

Case Title: Shoma Kanti Sen v. State of Maharashtra & Anr., Special Leave Petition (Criminal) No. 4999 of 2023

Coram: Justices Aniruddha Bose and Augustine George Masih

In a significant development, the National Investigation Agency (NIA) made a surprising admission in the Supreme Court this week regarding former Nagpur University professor and Bhima Koregaon-accused Shoma Sen.

Represented by Additional Solicitor General KM Nataraj, the agency admitted that they no longer require Sen's custody, after the bench questioned him over the necessity of her continued detention.

Filing Of Anticipatory Bail Application Through Advocate Can't Be Considered As Appearance Of Absconding Accused : Supreme Court

Case Title: SRIKANT UPADHYAY VS. THE STATE OF BIHAR

Coram: Justices CT Ravikumar and Sanjay Kumar

Recently, the Supreme Court observed that the mere filing of an anticipatory bail application by the accused could not be treated as his appearance before the court which had initiated proceedings under Section 82/83 Cr.P.C. against the accused.

AIMIM President Asaduddin Owaisi Moves Supreme Court Seeking To Stay Citizenship Amendment Rules 2024

In a batch of petitions seeking to stay the implementation of the Citizenship (Amendment) Rules 2024, the leader of All India Majlis-e-Ittehadul Muslimeen (AIMIM), Asaduddin Owaisi, has filed another application.

'Union Itself Aware That There's No Urgency To Enforce CAA' : Kerala Moves Supreme Court For Stay Of Citizenship Amendment Act

The State of Kerala has approached the Supreme Court seeking an interim injunction restraining the Union from implementing the Citizenship Amendment Act, 2019 and its recently notified Rules. In 2019, the State had filed an original suit under Article 131 of the Constitution challenging the constitutionality of the CAA. The State pointed out that in 2019, its Assembly had unanimously requested the Union to abrogate this impugned Act.

Supreme Court To Deliver Judgment On AAP Leader Sateyender Jain's Bail Plea On March 18

Case Title: Satyendar Kumar Jain v. Directorate of Enforcement | Special Leave Petition (Criminal) No. 6561 of 2023

Coram: Justices Bela M Trivedi and Pankaj Mithal

The Supreme Court will deliver the judgment on the bail plea of Aam Aadmi Party leader and former Delhi Minister Satyendar Jain in a money laundering case on March 18.