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Tag: Supreme Court

Top Court Refuses to Quash Appointments Of CVC

[New Delhi]Top Court Refuses to Quash Appointments Of CVC
The Supreme Court today dismissed a plea challenging the appointment of Central Vigilance Commissioner (CVC) K V Chaudhary and Vigilance Commissioner (VC) T M Bhasin.
The court was hearing a plea challenging the appointment of incumbent CVC Chaudhary and VC Bhasin.
The plea alleged that they did not have a “clean record” and a non-transparent procedure was followed while appointing them.

The Rajinikanth Gets His Movie ‘Kaala’ Cleared From SC

[New Delhi]The Rajinikanth Gets His Movie ‘Kaala’ Cleared From SC
The Supreme Court today refused to stall the release of Rajinikanth-starrer ‘Kaala’ which is scheduled to hit theatres tomorrow.
A vacation bench comprising Justices A K Goel and Ashok Bhushan refused to entertain a plea by K S Rajashekaran, who sought an injunction against release of the movie.
“You want an injunction against the release of the movie. Everybody is waiting for the film to be released,” the bench told the counsel appearing for the petitioner.
The petitioner has approached the apex court against the May 16 order of the Madras High Court which has posted his plea against the release of the movie for hearing on June 16.
The petitioner has claimed that his copyright-protected work related to story scenes and songs were used by the producer of the movie without prior permission.
File Photo

SC Orders Litmus Test In Karnataka Assembly Tomorrow

[New Delhi]SC Orders Litmus Test In Karnataka Assembly Tomorrow
The Supreme Court today ordered that a floor test be held in the Karnataka Assembly at 4 pm tomorrow to ascertain whether newly appointed BJP Chief Minister B S Yeddyurappa enjoys majority in the state.
“Let the House decide and the best course would be floor test,” a three judge bench headed by Justice A K Sikri said.
Senior advocate Mukul Rohatgi, appearing for the Chief Minister, had sought reasonable time till Monday for the floor test but the bench, also comprising Justices S A Bobde and Ashok Bhushan, ordered it for tomorrow.

Top Court Also Dismisses Petition Against Pension Benefits To Ex MPs

[New Delhi]Top Court Dismisses Petition Against Pension Benefits To Ex MPs
The Supreme Court today dismissed a PIL challenging the perks, including pension and travel allowances, given to former Parliamentarians.
A bench of Justice J Chelameswar and Sanjay Kishan Kaul said, “The petition is dismissed”.
The Centre had on March 7 told the apex court that the entitlement of former Members of Parliament (MPs) to get pension and other benefits was “justified” as their dignity has to be maintained even after they complete their tenure as parliamentarians.
The Centre had told the bench about the Finance Bill 2018 which contains provisions regarding salary and pension of MPs and also about revision of their allowances after every five years starting from April 1, 2023, on the basis of cost inflation index.
The apex court had in February directed the Centre to clarify its stand on setting up of an independent mechanism for determination of salaries and allowances of MPs after the government had said the issue was “under consideration”.
.An NGO ‘Lok Prahari’ has approached the apex court challenging the Allahabad High Court order dismissing its plea which had claimed that pension and other perks being given to MPs even after demitting office were contrary to Article 14 (Right to Equality) of the Constitution.
The plea has also said that Parliament has no power to provide for pensionary benefits to lawmakers without making any law.

National Anthem in Cinemas Not Mandatory :SC Accepts Centre’s Request

[New Delhi] National Anthem in Cinemas Not Mandatory
The Supreme Court today made the playing of national anthem in cinema halls before screening of movies optional.
The apex court modified its November 30, 2016, order by which it had made playing of the anthem mandatory in cinema halls before the screening of a film.
A bench headed by Chief Justice Dipak Misra said a 12-member inter-ministerial committee, set up by the Centre, would take a final call on the playing of national anthem in the cinemas.
The bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said the committee should comprehensively look into all the aspects relating to the playing of national anthem and allowed the petitioners to make representations before the panel.
The bench, while disposing of the petitions pending before it, made it clear that the exemption granted earlier to disabled persons from standing in the cinema halls when the national anthem is being played, shall will remain in force till the committee takes a decision.
The top court accepted the government’s affidavit which said that the 12-member panel has been set up to suggest changes in the 1971 Prevention of Insults to National Honour Act.
Attorney General K K Venugopal told the bench that the committee will submit its report within six months.

Senior Most Judge J S Khehar to be 1st Sikh Chief Justice of India

[New Delhi] Justice J S Khehar to be the 44th Chief Justice of India
Justice Jagdish Singh Khehar, who led the five-judge constitution bench in the Supreme Court which had struck down the controversial NJAC Act for appointment of judges, was today recommended as the 44th Chief Justice of India.
Chief Justice of India T S Thakur today wrote a letter recommending the name of Justice Khehar, who is the senior most judge of the Supreme Court to be his successor.
Justice Khehar, 64, will be the first Chief Justice from the Sikh community and he will succeed CJI Thakur who will be demitting office on January 3, 2017.
Justice Khehar, who will be sworn in on January 4, will hold the tenure for over seven months till August 27, 2017.
Besides heading the bench in NJAC matter, Justice Khehar has also headed a bench which had set aside the imposition of President’s Rule in Arunachal Pradesh in January this year.
He was also a part of the bench which sent Sahara chief Subrata Roy to jail while hearing the matter relating to the refund of money invested by people in his two companies.
Justice Khehar also headed a bench which recently gave a significant verdict holding that the principal of ‘equal pay for equal work’ has to be made applicable to those engaged as daily wagers, casual and contractual employees who perform the same duties as the regulars.
While the turf war between the judiciary and the executive over the appointment of judges for higher judiciary has intensified, Justice Khehar on the occasion of Constitution Day on November 26 had responded to the tirade from Attorney General Mukul Rohatgi by saying that the judiciary was working within its “lakshmanrekha”.

SC Refuses to Stay Demonetisation Notification:Blow To Cong Move

[New Delhi,]SC Refuses to Stay Demonetisation Notification
Supreme Court today refused to stay the government’s notification demonetising Rs 500 and Rs 1,000 currency notes but asked it to spell out the steps taken to minimise public inconvenience.
Bench Of Chief Justice T S Thakur and D Y Chandrachud said.”We will not be granting any stay,”
The remarks were made after some advocates insisted on a stay.
Senior advocate Kapil Sibal, appearing for one of the petitioners, however, said he was not asking for a stay on the notification but seeking answers from the government about the steps taken to remove public inconvenience.
The bench asked Attorney General Mukul Rohatgi to file an affidavit about the measures already undertaken by the government and the RBI to minimise public inconvenience and also the steps likely to be undertaken in future.
Without issuing any notice to the Centre or the RBI, the bench posted the matter for further hearing on November 25

Pb Cong Resigns&Haryanavi Khattar Welcomes SC Verdict On SYL

[Chandigarh] Capt Amarinder Opposes+Resigns & Khattar Welcomes SC Verdict On SYL Link Canal
Punjab Congress president Amarinder Singh today resigned from his Lok Sabha seat while his party MLAs resigned en-masse from the state assembly, n protest against the Court Verdict On SYL Link Canal
Amarinder, who is also former Punjab Chief Minister, has sent his resignation to the Lok Sabha Speaker, copy of which was released to the media here, and has also sought a personal meeting with the Speaker next week.
The party MLAs have also sent their resignations to the Speaker, Punjab Assembly, and will meet him tomorrow morning to personally hand over their papers.
Punjab goes to polls early next year.
The Supreme Court held as unconstitutional the 2004 law passed by Punjab to terminate the Sutlej-Yamuna Link (SYL) canal water sharing agreement with neighbouring states.
Amarinder said Badal and his team had “failed” to defend Punjab s stand in the court, leading to such disastrous consequences for the state.
On the other hand Haryana CM Manohar Lal Khattar welcomes SC verdict on SYL canal issue
Haryana Chief Minister Khattar welcomed Supreme Court’s decision today to hold as “unconstitutional” the 2004 law passed by Punjab to terminate the SYL canal water sharing agreement with neighbouring states.
“I welcome the Supreme Court verdict. It is natural justice,” he told reporters here.
In its judgement the apex court made it clear that the Punjab Termination of Agreements Act, 2004, was “unconstitutional” and Punjab could not have taken an “unilateral” decision to terminate the water sharing agreement with Haryana, Himachal Pradesh, Rajasthan, Jammu and Kashmir, Delhi and Chandigarh.
“The Supreme Court has given its decision on this vital issue after 12 years and it is a result of the persistent efforts made by the present state government,” he claimed.
This judgement has brought smile on the face of every Haryanvi because the state would get its legitimate share of surplus water of 3.5 million acre feet (MAF) from the Ravi-Beas River,
The Haryana Assembly had recently unanimously passed a resolution condemning Punjab Chief Minister Parkash Singh Badal’s statement that Punjab and its residents will not accept any verdict against the state’s interest on river waters.
On November 1, in his ‘Punjabi Suba’ address, Badal had said the state was ever ready to make any sacrifice to safeguard its legitimate share of river waters.

RJD’s HistorySheeter Shahabuddin Surrenders Before Siwan Court,Sent to Div jail

[PatnaNew Delhi] RJD’s HistorySheeter Leader M Shahabuddin Surrenders Before Siwan Court, Sent to Divisional jail
The Supreme Court today set aside the Patna High Court order granting bail to controversial RJD leader Shahabuddin in a murder case.
The apex court ordered that either the gangster-turned- politician should surrender or Bihar Police should take him in custody “forthwith”.
A bench comprising Justice P C Ghose and Amitava Roy directed the state government and the lower court to ensure that the trial in the Rajiv murder case is concluded “expeditiously as contemplated under the law”.
Meanwhile, the court issued notice to Shahabuddin and Bihar government on another plea seeking cancellation of bail granted to him in a murder case of two brothers of Roshan.
Shahabuddin has been awarded life imprisonment in the twin murder case and the Patna High Court had granted him bail in this matter as well.
The apex court, which yesterday reserved its verdict on two appeals challenging the grant of bail to him by the Patna High Court, had rebuked Nitish Kumar-led Bihar government, which has RJD as its coalition partner, for its lax approach in opposing the bail granted to the RJD strongman in various cases at different judicial forums including the High Court.

Lodha Panel Echoed In SC For Removal of BCCI Top Brass

[New Delhi]Lodha Panel Echoed In SC For Removal of BCCI Top Brass
The Supreme Court today pulled up the BCCI, asking it to “fall in line” after the Justice R M Lodha panel sought removal of the top brass of BCCI, including its President Anurag Thakur and Secretary Ajay Shirke, for non-compliance of the apex court directions.
The Lodha panel, in its status report filed before the apex court, had sought the replacement of top brass of the cricket body with cricket administrators.
It said that the BCCI and its office bearers are not complying with directions and repeatedly issuing statements to undermine the authority of the court and the members of the Lodha panel, which had recommended structural reforms in BCCI.
The counsel appearing for the panel said BCCI is not replying to emails and other communications sent to them and repeatedly defying the orders of the court.
The bench headed by Chief Justice T S Thakur took note of the submissions and said these are serious allegations and BCCI has to follow the directions of the court.
“If the BCCI thinks that they are law unto themselves, then they are wrong. They have to comply with the directions of the court,” the bench also comprising Justice A M Khanwilkar and D Y Chandrachud said.
“You (BCCI) are behaving like Lords. Fall in line otherwise we will make you fall in line,” the bench said, adding that, “BCCI is bringing the system to disrepute by not following the directions”.
The bench posted the matter for hearing on October 6.