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Tag: Supreme Court

Unfazed CM ‘Pul’ Sees No Judicial Crises To His Govt:Arunachal Pradesh

[Guwahati]Unfazed Pul Sees No threat to His govt :Judicial Crises In Arunachal Pradesh
Arunachal Pradesh Chief Minister Kalikho Pul today said that there was no threat to his government as the required numbers are with him and it will be decided on the floor of the Assembly.
Reacting to the Supreme Court verdict ordering restoration of the previous Nabam Tuki-led Congress government, Pul, who had led the Congress rebels then, said, “(Our) government will remain.
“That will be decided on the floor of the Assembly.
Government runs only with the numbers. There is no threat to our government,” he told reporters
In a landmark verdict, the Supreme Court ordered restoration of the Congress government in Arunachal Pradesh by quashing all decisions of the Governor that had precipitated its fall in January, holding them “violative” of the Constitution

Odd-Even-Why Much Hyped Scheme Not Working in Delhi:SC Wonders

[New Delhi] Odd-Even -Why Much Hyped Scheme Not Working in Delhi:SC Wonders
The Supreme Court today wondered why Arvind Kejriwal-led government’s much hyped Odd-Even scheme has not been able to reduce pollution level
“Why no difference is made out in pollution level in Delhi, even after steps have been taken like odd-even scheme, diversion of trucks from the national capital. What are the solutions,” a bench headed by Chief Justice T S Thakur asked while hearing a PIL filed in 1985 to check pollution levels.
The bench also comprising Justices A K Sikri and R Banumathi, on Saturday, said that earlier, the trucks used to ply through the centre of the national capital but now they have been diverted but still no difference seems to have been made in improving the ambient air quality.
Senior advocate Abhishek Manu Singhvi appearing for the automobile manufacturers said that there are several other factors which contribute to pollution which include road dust which is 38 per cent and industries which contribute 11 per cent.
“Unless we look and address the issue of real pollutant, nothing will seem to improve,” Singhvi said without commenting on the Odd-Even scheme whose second phase ends today.
Singhvi further said, “to say diesel cars cause more pollution and therefore we should ban them will solve no problem.”
The second phase of Odd-Even scheme started on April 15. The first phase of Odd-Even scheme was first launched on January 1 to January 15.
Chief Justice of India T S Thakur, earlier in December, had virtually endorsed the Delhi government’s decision to allow plying of private vehicles bearing odd and even registration numbers on alternate days to lower pollution levels, saying it can be followed “if it helps in reducing” the problem.
He had said that he was not averse to pooling vehicle with brother judges

SC Demands Centre’s Clarification On Prestigious+Precious Kohinoor

[New Delhi]SC Asks Centre’s Clarification On Prestigious+Precious Kohinoor.Court Says Everyone Is Demanding Kohinoor But Govt Shows Ignorance
The Supreme Court asked the government to clarify its stand on a PIL seeking return of Kohinoor diamond in the country.
A bench headed by Chief Justice T S Thakur, which did not issue notice on the PIL, asked the Solicitor General to seek instructions in the matter within a week.
“Everybody is claiming the Kohinoor. How many countries are claiming Kohinoor? Pakistan, Bangladesh, India and even South Africa. Somebody here is also asking for the Kohinoor.
Do you know about it,” the bench asked the Solicitor General.
Solicitor General Ranjit Kumar said he was unaware about it and would need time to seek instructions and get back.
During the hearing, the bench, also comprising Justices R Banumathi and U U Lalit, said there has been a press report attributing statements to the British Prime Minister quoting him as saying, “if we were to accept such demands, British Museums would be empty”.
“Why don’t you approach the government? Hasn’t the government taken up the matter? Government has done something.
They have done whatever it could,” the bench told the petitioner.
The apex court was hearing a PIL filed by All India Human Rights & Social Justice Front seeking directions to the High Commissioner of United Kingdom for return of the diamond besides several other treasures.
The PIL has made Ministry of External Affairs and Ministry of Culture, High Commissioners of UK, Pakistan and Bangladesh as parties in the case.
It has also sought return of the “ring and talwar of Tipu Sultan and other treasures of Tipu Sultan, Bahadur Shah Zafar, Rani of Jhansi, Nawab Mir Ahmad Ali Banda and other rulers of India.

सपा नेता+प्रवक्ता गौरव भाटिया ने अपर महाधिवक्ता पद से इस्तीफा दिया

[लखनउ,यूपी]सपा नेता+प्रवक्ता गौरव भाटिया ने अपर महाधिवक्ता पद से इस्तीफा दिया||गौरव के अनुसार उन्होंने स्वयं इस पद से इस्तीफा दिया |सूत्रों के अनुसार उच्चतम न्यायालय में पार्टी हितों के मध्यनजर गौरव की सेवाओं को अनदेखा किया गया है|
उत्तर प्रदेश सरकार ने टेलीविजन चैनलों पर आने वाले चर्चा कार्यक्रमों में अक्सर समाजवादी पार्टी [सपा] का पक्ष रखने वाले अपर महाधिवक्ता गौरव भाटिया समेत दो वरिष्ठ कानून विशेषज्ञों को पद से हटा दिया है।
विशेष सचिव[विधि कोष्ठक]अमरजीत त्रिपाठी द्वारा गत 22 मार्च को जारी आदेश के मुताबिक उच्चतम न्यायालय में राज्य सरकार की ओर से मुकदमों की पैरवी के लिये अपर महाधिवक्ता के पद पर नियुक्त गौरव भाटिया और रीना सिंह को हटा दिया गया है।
आदेश में इस कार्रवाई का कोई कारण नहीं बताया गया है।जबकि गौरव ने व्यक्तिगत कारणों से इस्तीफ़ा देने की बात कही है |
राज्य के पूर्व महाधिवक्ता और सपा के राज्यसभा सदस्य रह चुके वीरेन्द्र भाटिया के बेटे गौरव सपा के आनुषांगिक संगठन ‘अधिवक्ता सभा’ के राष्ट्रीय अध्यक्ष भी हैं।
गौरव ने इस कार्रवाई के बाद अपनी ‘फेसबुक वॉल’ पर लिखा है कि उन्होंने अपर महाधिवक्ता पद से अपना इस्तीफा मुख्यमंत्री के पास भेज दिया है।गौरव भाटिया सपा में न केवल प्रभावी पंजाबी चेहरा हैं,वरन टीवी चैनलों पर पार्टी का पक्ष मजबूती से रखने में सक्षम हैं |

Indian Supreme Court Agrees to Hear SGPC for Prohibiting Jokes on Sikhs

[New Delhi]Supreme Court Agrees to Hear SGPC for Prohibiting Jokes on Sikhs
,The Supreme Court today agreed to hear on April 5 the plea of Shiromani Gurdwara Parbandhak Committee (SGPC) along with other petitions seeking ban on circulation of jokes about the Sikh community and said it may act if people are commercially exploiting the jokes.
A bench comprising Chief Justice T S Thakur and Justice U U Lalit said that the fresh plea of the SGPC would be tagged along with other pending matters on the issue and will be heard together on April 5.
During the brief hearing, the bench asked advocate Satinder Singh Gulati, appearing for SGPC, to point out the areas where sub-judicial orders can be passed.
We will certainly look into it if entire community is feeling harassed,” the bench said, adding that it may pass some orders if circulation of such jokes is being commercially exploited.
The counsel for SGPC said, “A stereotype has been created and Sikhs are being discriminated in society because of a particular language and religion.”
Earlier, on a separate plea by Delhi Sikh Gurudwara Management Committee (DSGMC) against jokes on Sikhs, the apex court had observed that there was a need for sensitising the society from the formative stages.
The Supreme Court, which had asked for suggestions from the committee, had said it can stop jokes when they are circulated for a commercial purpose and it would examine the framing of guidelines to stop circulation of racist or communal jokes in the cyber world.

Banks Consortium Pleads SC for Restraining Mallya from Leaving India

[New Delhi]Banks Consortium Pleads SC for Restraining Mallya from Leaving India
Bank Consortium Submitted a Plea With Supreme court Against King Fisher Mallya
The Supreme Court agreed to hear tomorrow this plea of 17 PSU banks seeking a direction that industrialist Vijay Mallya be restrained from leaving India.
“List it for hearing tomorrow,” a bench comprising Chief Justice T S Thakur and Justice U U Lalit said, when Attorney General Mukul Rohatgi, appearing for PSU banks, mentioned the matter for urgent hearing.
Rohatgi said that the plea has been moved by 17 banks, including State Bank of India, against Mallya whose various firms have taken loan from them.

Supreme Court,Atlast,Takes Unusual Stand & Appoints Lokayukta For UP

[New Delhi]Supreme Court,Atlast,Takes Unusual Stand & Appoints UP Lokayukta
SC, has ,Appointed Justice Virendra Singh as UP Lokayukta Which Is To Be Complied With Up to 20th December.
In an unusual order, the Supreme Court today exercised its constitutional authority and appointed former High Court judge, Justice Virendra Singh, as Lokayukta of Uttar Pradesh after the state government failed to comply with its directives.
In an embarrassment for the SP government in Uttar Pradesh, the bench examined a list of nominees and ordered the appointment.
“The failure of constitutional functionaries to comply with the orders of the highest court of the land is deeply regretted and astonishing,” a bench headed by Justice Ranjan Gogoi said, adding, “We, therefore, proceed to exercise our right under Article 142 of the Constitution to remedy the situation by passing an appropriate order.”
The court said that it appoints Justice Singh as Lokayukta and asked the state government to file a report by December 20 indicating compliance of its order.
The bench regretted that its several orders have not been “heeded” by the constitutional functionaries — the chief minister, the leader of opposition and the chief justice of the Allahabad high court.
In the forenoon, the bench took strong note of the submission of senior advocate Kapil Sibal, appearing for the state government, that though it had shortlisted five names but no consensus has been arrived at on a specific person.
The bench then asked Sibal to provide the names by 12.30 PM today itself and said, “we know how to get our orders complied with”.
The law provides that a high-powered committee of the chief minister, the leader of opposition and the chief justice of the concerned high court together appoints the chief of the state ombudsman.
Earlier on December 14, the apex court had rapped the UP government for not appointing Lokayukta in the state despite its directions, saying it seemed that appointing authorities have their “own agenda”.
The bench was hearing the pleas filed by Mahendra Kumar Jain and lawyer Radhakant Tripathi seeking a direction to the state to appoint the Lokayukta at the earliest in pursuance of the Supreme Court orders.

Congress To Challenge Delhi High Court Order In SC In National Herald Case

[New Delhi] Congress To Challenge Delhi High Court Order In SC In National Herald Case
Congress Decides To Knock The Doors Of SC To Challenge The Delhi High Court Order In National Herald Case
HC has dismissed pleas against summons issued to Smt Sonia and Rahul Gandhi in the National Herald case
Congress claims several legal deficiencies in this verdict.
Party spokesman Abhishek Singhvi, who is the senior advocate representing the Vice President, brushed aside suggestions that it was a major setback for them in the case filed by BJP leader Subramanian Swamy.

SC,Saying No To Hardik,Directs Guj Govt To Complete Investigation In 90 Days

[New Delhi]SC,Giving No Relief To Hardik,Directs Gujrat Govt To Complete Investigation In 90 Days .Hardik Patel Is Facing Sedition Charges In The State
Hardik Patel today did not get any immediate relief from the Supreme Court which said his plea challenging invocation of sedition charge for allegedly inciting a mob during the quota stir for Patel community will be heard after Gujarat police completes probe in the case.
A bench, comprising justices J S Khehar and R Banumathi, directed Gujarat police to complete the investigation within one-and-a-half month in the sedition case and file a report before it in a sealed cover and posted hearing for January 5.
The bench also directed the police not to file the charge sheet in the sedition case without the apex court’s permission.
The apex court also declined to interfere with the proceedings of the Gujarat high court which is proceeding with another case in which Hardik has been accused of stage- managing his own abduction by the police.
The bench said that it was not interfering in another case of habeas corpus pending before the Gujarat high court in which the police have accused Hardik Patel of stage managing his own abduction.
“It is clarified that the high court may continue with the matter in the special criminal appeal pertaining to habeas corpus,” the bench said.
Before passing the order, the bench took on record the submissions of Attorney General Mukul Rohatgi, appearing for the state government and senior advocate Kapil Sibal, representing Hardik Patel.
“We consider it just and appropriate to defer the hearing in the matter (sedition case). List it after one and a half months on the completion of investigation,” the bench said while posting the matter for January 5.
The bench said “we must allow the high court to proceed with another case (habeas corpus).

SC,Giving Relief,Says Sorry To a PIL Against Minister Dr Mahesh Sharma

[New Delhi]SC,Giving Relief,Says Sorry To a PIL Against Minister Dr Mahesh Sharma In Kailash Hospital Case
In a relief to Union Tourism Minister Mahesh Sharma, the Supreme Court today refused to entertain a plea seeking a direction to CBI to challenge the 2010 acquittal of the BJP leader in a 1997 case relating to allotment of land to his Kailash Hospital at Noida.
“We are sorry,” a bench comprising Chief Justice H L Dattu and Justice Amitava Roy said.
Senior advocate Rajeev Dhavan, who has been associated as amicus curiae with the 1997 PIL relating to land allotments made in Noida, raised the issue of “locus standi” and said that this issue now cannot be raised.
Former Uttar Pradesh Chief Secretary Neera Yadav has been facing various court cases relating to allotment of plots to persons as head of the Noida’s Development Authority.
One of the cases pertained to allotment of land to Kailash Hospital in Noida and Sharma, now a Minister in the NDA government, has been acquitted by the trial court.
The fresh plea, which was rejected today, had sought a direction to CBI to file an appeal in the High Court against Sharma’s acquittal in 2010 in the land case.
A PIL was filed against Neera Yadav and others in 1997 by the Noida Entrepreneurs Association alleging bungling in the allotment of land in different sectors and in commercial Sector 18 in Noida during her tenure as head of Noida’s Development Authority.