Ad

Tag: Supreme Court

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.

Minors Can not Play”Govindas”In Dahi Handi Festival

[New Delhi]Youth Below 18 Yrs Of Age Cannot Play “Govindas” In Dahi Handi Festival
Youth below 18 years of age cannot participate as ‘Govindas’ in upcoming Dahi Handi festival in Maharashtra,
Supreme Court Barring Minors also said the height of human pyramid, meant for Dahi Handi festival cannot exceed 20 feet ceiling fixed by the Bombay HC

Rahul Targets PM Over SC’s Hammer On Judges Appointment

[New Delhi] Rahul Targets PM Over SC’s Hammer On Judges Appointment
Congress Vice President Rahul Gandhi today attacked Prime Minister Of India Narendra Modi over the Supreme Court’s scathing observation on appointment of judges, saying it was a reality check for the PM.
Rahul Tweeted “Reality check from Supreme Court for the PM : No Govt of Modi, by Modi, for Modi,”
The Supreme Court had yesterday sent out a stern message to the Centre over non-execution of collegium’s decision to transfer and appoint Chief Justices and judges in High Courts, saying it will not tolerate the “logjam” and would intervene to make it accountable.
Observing that justice delivery system is “collapsing”, a bench headed by Chief Justice T S Thakur, who also heads the five-membered apex court collegium, had said, “We won’t tolerate logjam in judges’ appointment which is stifling its judicial work. We will fasten accountability

Out Going CMs Not Entitled for Govt Accommodation for Lifetime:SC

[New Delhi] Out Going CMs Not Entitled for Govt Accommodation for Lifetime: SC
The Supreme Court today held that former Chief Ministers are not entitled for government accommodation for lifetime.
A bench headed by Justice Anil R Dave, which pronounced its verdict on a 2004 plea, said that any such government accommodation should be vacated within two to three months.
“They don’t have the right to occupy government accommodation for lifetime,” the bench also comprising justices U U Lalit and L Nageswara Rao said.
The judgment came on a plea filed by a UP-based NGO Lok Prahari, which had sought a direction against allotment of government bungalows to ex-CMs and other “non-eligible” organisations.
The NGO had alleged that despite the direction of Allahabad High Court, the UP government had framed ex-Chief Minister’s Residence Allotment Rules, 1997 (non-statutory)
The NGO had also contended that those occupying them were allegedly unauthorised occupants under the purview of the UP Public Premises (Eviction of Unauthorised Occupants) Act.
The petitioner also said that retention of government accommodation by chief ministers after demitting office was against the Provisions of UP Ministers (Salaries/allowances and other facilities) Act.
The judgment on the plea was reserved on November 27, 2014

SC Accepts Plea for Governor’s Rule in Disturbed Jannat (J&K)

[New Delhi] SC Accepts Plea for Governor’s Rule in Disturbed Jannat (J & K)
The Supreme Court today agreed to hear a plea seeking imposition of Governor’s rule in Jammu and Kashmir,
A bench headed by Chief Justice T S Thakur directed that the petition filed by Jammu and Kashmir National Panthers Party (JKNPP) be listed next week.
The plea was mentioned before the bench by the counsel for JKNPP who said that Jammu and Kashmir has been “under siege of the security forces and the police for the past two weeks resulting in a total chaos, anarchy and disorder in the entire valley of Kashmir”.
The counsel said that Governor’s rule under section 92 of the Constitution of Jammu and Kashmir should be imposed.
The bench also comprising justices FML Kalifulla and A M Khanwilkar asked the petitioners why they did not approach the Jammu and Kashmir High Court for remedy.
The counsel said that the Jammu and Kashmir High Court “has been locked up” as well and they can’t go anywhere else.
“The situation in Jammu and Kashmir has been chaotic and there is no public order in existence as such.”
It said “there is literally rule of the gun and the people in the Valley have no access to even water or medical stores.
“The people in Jammu and Kashmir have been forced to stay inside their house and homes without food, medicines or other essential commodities needed for human survival,” it alleged
Curfew remained in force in all 10 districts of the Valley due to apprehension of law and order problems in view of large gatherings for Friday prayers.
The death toll in the clashes between protesters and security, which erupted following the killing of Hizbul Mujahideen commander Burhan Wani in an encounter on July 8, has climbed to 44.
Although no incident of violence was reported yesterday, authorities clamped curfew in all 10 districts of Kashmir as a precautionary measure today,