Tag: Supreme Court

Morbi Collapse: Court Sends Oreva MD Jaysukh Patel To Judicial Custody

SC: Morbi Bride Collapse Incident Was An Enormous Tragedy

By LokMarg

The Supreme Court on Monday said that the Morbi Bride collapse incident which claimed over 140 lives was an “enormous tragedy” and asked the Gujarat High Court which is already hearing a suo motu case on the same issue, to hold periodical hearings.

“It is an enormous tragedy and this will require weekly monitoring to see the award of contract, credential of the party awarded the contract, attribution of responsibility for those guilty,” observed a bench of Chief Justice DY Chandrachud and Justice Hima Kohli.
The apex court noted that a division bench headed by the Gujarat High Court Chief Justice has already taken a suo motu note of the incident and has passed three orders, it will not hear the petitions as of now.

It asked petitioners to approach the High Court with their pleas seeking an independent probe and award of dignified compensation to those who lost their family members.

The British-era bridge on the Machchhu river in Morbi collapsed on October 30 leaving over 140 dead including 47 children.

The top court was hearing a plea filed by the person who lost his two relatives in the incident, seeking a CBI probe, award of dignified compensation to those who lost their family members, the need to fix responsibility against officials of the Nagar Palika and that the agency entrusted to maintain the bridge is held accountable.

It was also hearing a PIL seeking direction to appoint a judicial commission under the supervision of a retired top court judge to initiate a probe on the Morbi Bridge collapse incident.

During the hearing, the bench said the Gujarat High Court had already taken suo motu cognisance of the Morbi bridge collapse on October 30 hence it wouldn’t hear the case. It said the High Court would “undoubtedly be seized of ensuring a regulatory mechanism so that such incidents do not recur.”

“We are of the view that the High Court would also bring to bear its time and attention on other aspects of the matter which have been highlighted above while recording the submissions of the learned counsel of the petitioner,” the bench stated in its order.

Solicitor General of India Tushar Mehta, appearing for the Gujarat government, submitted that the High Court has already taken note of the issue and that the petitioner can raise the issues there.

More than 140 people died and over 100 people were injured due to the collapse of the suspension bridge over the Morbi Macchu river.

As per reports, the bridge was closed for about 8 months for maintenance and the repair work was being completed by a private agency.

The Gujarat Police has filed a First Information Report under IPC sections 304 and 308 (culpable homicide not amounting to murder) in the bridge collapse tragedy.

The Gujarat government has constituted a five-member committee headed to probe the bridge collapse incident. (ANI)

Read More: http://13.232.95.176/

Supreme Court on living will

SC To Hear Plea For Lifetime Ban On Convicted MPs, MLAs From Contesting Elections

By LokMarg

The Supreme Court on Tuesday posted for next week hearing in a plea seeking to debar convicted Members of Parliament and State Legislative Assemblies from contesting elections for life.

A bench of Chief Justice of India DY Chandrachud and Justice Hima Kohli and JB Pardiwala said that it will hear the matter next week as it was hearing other matters.
Senior advocate Vijay Hansaria, who was appointed amicus curiae to assist the top court in the matter, told the bench, “I am requesting, some urgent orders are required.”

The bench said it will hear the matter next week.

A recent status report submitted before the Enforcement Directorate (ED) stated that there are 51 MPs and 71 MLAs, sitting and former, who stand accused by the agency of offense under the Prevention of Money Laundering Act (PMLA).

The report does not specify exactly how many of those are sitting MPs/MLAs and how many are former MPs/ MLAs.

The Central Bureau of Investigation (CBI) has also submitted a similar report stating that a total of 121 cases are pending trial against sitting and former MPs and MLAs.

The number of MPs involved in those cases is 51 out of which 14 are sitting, 37 are former and 5 are deceased. The report further stated that 112 MLAs are involved in CBI cases out of which 34 are sitting, 78 are former and 9 are deceased.

The number of cases pending investigation against MPs and MLAs by the CBI is 37, the report of the CBI submitted.

Hansaria also filed a report pursuant to an order passed by the court seeking a status report relating to the pendency and grant of sanctions for prosecution, the expected time for completion of the investigation, and reasons for the delay in the same.

In his report Hansaria highlighted a “glaring case of inordinate delay” in the trial of cases against lawmakers, submitting that many cases were pending for over five years.

He sought directions to ensure that courts dealing with case against lawmakers should exclusively try such issues.

The plea filed by advocate Ashwini Upadhyay sought direction that convicted parliamentarians and State legislators, former and sitting, should be disqualified and banned for life from contesting elections to Parliament or Assemblies.

The plea also sought speedy disposal of cases against them and pointed out that while judges and babus were suspended for such activities, politicians were condoned by the law.

As of now, convicted politicians are banned from polls for six years.

The Central government in an affidavit filed in 2020 had rejected the idea of a lifetime ban on convicted persons contesting elections or forming or becoming an office-bearer of a political party.

It had said that disqualification under the Representation of the People Act of 1951 for the period of six years was enough for legislators.

Hansaria had earlier filed the report in the apex court and informed that a total of 4,984 criminal cases against former and sitting MPs and MLAs are pending before various sessions and magistrate courts across the country, an increase of 862 such cases in the last three years.

In August 2021 the top court directed that no prosecution against sitting former MPs and MLAs will be withdrawn without the permission of the High Court of the concerned state.

It had further directed that judges hearing the criminal cases against MPs and MLAs in Special Courts should continue in their current posts until further orders of the Supreme Court. (ANI)

Read More: http://13.232.95.176/

Retd CJI UU Lalit Backs Collegium System, Calls It ‘Near Perfect’

Unless Guilt Established, Circumstantial Evidence Theory Not Accepted: Chhawala Case

By LokMarg

Amid the public outrage over the acquittal of three accused in the Chhawala rape and murder case, former Chief Justice of India UU Lalit on Sunday said unless and until that guilt is completely established, circumstantial evidence case theory is not to be accepted.

Speaking to ANI, Justice Lalit said, “The element was purely based on circumstantial evidence. Law is clear that facts must point only in direction of the guilt of that man, unless and until that guilt is completely established, circumstantial evidence case theory is not to be accepted.”
On the public outcry on his judgment in the Chhawala rape case, Justice Lalit said the law is that the chain must get completed.

“There were actually no circumstances that could point in their direction conclusively. The law is that the chain must get complete, it is on account that the benefit of the doubt must flow in that direction,” added the former CJI.

The Supreme Court on Monday set aside the Delhi High Court order and acquitted three men who were awarded the death penalty by a lower court after being held guilty of raping and killing a 19-year-old woman in Delhi’s Chhawala area in 2012.

A bench of Chief Justice of India UU Lalit, S Ravindra Bhat, and Bela M Trivedi set aside the judgments and orders of conviction and sentence passed by the trial court and the High Court in the case.

The court gave the accused a benefit of the doubt and directed to set free the accused forthwith if not required in any other case.

However, the court also directed that the parents of the victim would be entitled to the compensation, if not awarded so far by the Delhi State Legal Services Authority, as may be permissible in accordance with the law.

“Every case has to be decided by the Courts strictly on merits and in accordance with the law without being influenced by any kind of outside moral pressures or otherwise,” the top court remarked.

Three men had moved the top court against capital punishment for the rape and murder of a 19-year-old girl in Delhi’s Chhawala.

The three convicts were awarded the death penalty after being held guilty of raping and killing a 19-year-old woman in 2012. The victim’s mutilated body was found in a field with multiple injuries due to assault with objects ranging from car tools to earthen pots.

A Delhi court in February 2014 convicted them. The capital punishment was confirmed by the Delhi High Court on August 26, 2014, saying they were “predators” moving on the streets and “were looking for prey”.

Three men, Ravi Kumar, Rahul, and Vinod were convicted under various charges dealing with kidnapping, rape, and murder.

The three convicts have challenged the Delhi High Court order in the Supreme Court.

A case was registered regarding this at outer Delhi’s Chhawala (Najafgarh) police station.

According to the prosecution, the offense was barbaric in nature as they first kidnapped the woman, raped her, killed her, and dumped her body in a field in Rodhai village in Haryana’s Rewari district.

“The woman was kidnapped by the three men in a car from near her house in the Qutub Vihar area on the night of February 9, 2012, while she was returning from office,” the prosecution had said.

The prosecution had also revealed multiple injuries on the woman’s head and other parts of her body and said that the three men had assaulted the woman with a car jack and an earthen pot. The crime was committed by Ravi Kumar with the help of the other two accused as the girl has refused the friendship proposal of Ravi Kumar, the prosecution had alleged. (ANI)

Read More:http://13.232.95.176/

US Midterm Polls

US Midterm Polls: Democrats To Retain Senate

By LokMarg

Democrats will keep their narrow Senate majority for the next two years, CNN projects, after victories in close contests in Nevada and Arizona. Democrats now have 50 Senate seats to Republicans’ 49 seats.

The Democrats need to win just one more seat to retain majority control – with Nevada and Georgia the two states outstanding paving the way for Joe Biden to spend two more years filling the federal courts with his nominees and staffing his administration largely the way he sees fit.
Retaining Senate control is a huge boost to President Biden over the remaining two years of his first term in the White House.

It means Democrats will have the ability to confirm Biden’s judicial nominees — avoiding scenarios such as the one former President Barack Obama faced in 2016 when then-Senate Majority Leader Mitch McConnell refused to hold a vote on his Supreme Court nominee, Merrick Garland. It also means that Senate Democrats can reject bills passed by the House and can set their own agenda, reported CNN.

Meanwhile, Republicans appear to be inching closer to a majority in the House of Representatives – with big implications for the next two years of Joe Biden’s presidency.

Republicans appear to be slowly inching closer to the 218 seats that would deliver them a House majority, but several congressional races — including in California and Colorado — remain uncalled.

Georgia will hold a run-off election on December 6, after neither Senate candidate won an outright majority.

Georgia’s race between Democratic Sen. Raphael Warnock and Republican challenger Herschel Walker is headed to a December runoff after neither candidate cleared the 50 percent threshold on Tuesday.

Even if Republicans win the Georgia runoff, though, Vice President Kamala Harris would continue to cast the tie-breaking vote in an evenly divided Senate to guarantee the Democratic majority.

Only one Senate seat has changed hands so far in the 2022 midterm elections: Pennsylvania, where Democratic Lt Gov John Fetterman, who campaigned as he recovered from a May stroke, defeated Republican Mehmet Oz, the celebrity doctor who was endorsed by former President Donald Trump.

Republicans successfully defended seats in hard-fought races in Florida, North Carolina, Ohio, and Wisconsin, while Democrats retained their seats in competitive contests in Arizona, Colorado, Nevada, and New Hampshire.

In Nevada, CNN projects that Democratic Sen. Catherine Cortez Masto, a former prosecutor, and state attorney general, will defeat Republican Adam Laxalt, her successor in the attorney general’s office and the son and grandson of former senators.

In Arizona, CNN projects that Democratic Sen. Mark Kelly, a former astronaut and the husband of former Rep. Gabrielle Giffords, will defeat Republican Blake Masters, a venture capitalist who was endorsed by Trump and supported by tech mogul and emerging GOP megadonor Peter Thiel. (ANI)

Read More:http://13.232.95.176/

Haldwani Railway Land

SC Grants 4 Weeks To Centre To Respond On Ram Sethu Plea

By LokMarg

The Supreme Court on Thursday granted four more weeks to the Centre to file a response to a plea filed by Bharatiya Janata Party (BJP) leader Subramanian Swamy seeking direction to the government to declare ‘Ram Sethu’ as a national heritage monument.

A bench of Chief Justice of India DY Chandrachud and Justices Hima Kohli and JB Pardiwala adjourned the case after it was informed that an adjournment letter had been circulated by the Central government.
The counsel appearing for the Centre told the bench that the affidavit was ready to be filed, but they were awaiting instructions from the concerned Ministry.

Swamy said that the case has been pending for eight years but the government has not been able to respond to the plea.

He contended that on several occasions the Supreme Court had directed the Union government to file the affidavit, but nothing has been filed till date.

As the bench was initially granting two weeks to the Centre to file an affidavit, the counsel requested not to specify two weeks as it might take some time to get instructions from the Ministry.

CJI asked, “Why are you dragging your feet?”

In his plea, Swamy had urged the apex court to pass an order and direct the “Union of India along with National Monuments Authority (NMA) to declare Ram Setu as an Ancient Monument of National Importance.”

He had also urged the top court to pass an order and direct the “Union of India to engage the Geological Survey of India and Archeological Survey of India to conduct a detailed survey in respect to Ram Setu as an Ancient Monument of National Importance.”

Swamy said that he has already won the first round of the litigation in which the Centre accepted the existence of ‘Ram Sethu’ and added that the union minister concerned had called a meeting in 2017 to consider his demand to declare the Sethu as a national heritage monument but subsequently nothing happened.

Ram Sethu is a chain of limestone shoals between Pamban Island, also known as Rameswaram Island, off the south-eastern coast of Tamil Nadu, and Mannar Island, off the north-western coast of Sri Lanka. (ANI)

Read More: http://13.232.95.176/

Supreme Court judge DY Chandrachud

Justice Chandrachud Takes Oath As 50th Chief Justice Of India

By LokMarg

Supreme Court judge DY Chandrachud will take oath as the 50th Chief Justice of India on Wednesday.

President Droupadi Murmu will administer the oath of Office of the Chief Justice of India to Justice Chandrachud at Rashtrapati Bhavan here at 10:00 am today.
Justice Chandrachud will become the 50th CJI and will assume office on November 9. He will have a tenure till November 10, 2024. Supreme Court judges retire at the age of 65.

Justice Chandrachud is the second most senior judge of the Supreme Court.

His father Justice YV Chandrachud was the 16th Chief Justice of India serving from February 2, 1978, to July 11, 1985.

Justice Chandrachud, born on November 11, 1959, was appointed judge of the Supreme Court on May 13, 2016.

He was the Chief Justice of the Allahabad High Court from October 31, 2013, until his appointment to the Supreme Court.

Justice Chandrachud was the judge of the Bombay High Court from March 29, 2000, until his appointment as Chief Justice of the Allahabad High Court.

He had also served as Additional Solicitor General of India from 1998 until his appointment as a judge in the Bombay High Court. He was designated as a senior advocate by the Bombay High Court in June 1998.

Justice Chandrachud succeeds Justice UU Lalit. Justice Lalit on October 11, had recommended Justice DY Chandrachud’s name as his successor to the Centre in accordance with the convention. President Murmu had appointed him as the next CJI on October 17.

The Union Law Ministry had recently initiated the process for the appointment of the next CJI, asking the outgoing CJI to recommend his successor.

According to the Memorandum of Procedure (MoP), which governs the process of appointment of judges in the higher judiciary, the outgoing CJI initiates the process of naming the successor after getting a communication from the Law ministry.

The MoP states that the senior-most judge of the Supreme Court is considered fit to hold the office of the CJI and the views of the outgoing head of the judiciary have to be sought at the appropriate time.

The MoP, however, does not specify the time limit for the initiation of the process of recommending the name of the successor CJI. (ANI)

Read More: http://13.232.95.176/

Allahabad HC Declines Stay On Pray In Gyanvapi Mosque

Hearing Of Plea Seeking Worship Of Shivling In Gyanvapi Premises Adjourned To Nov 14

By LokMarg

A fast-track court in Varanasi on Tuesday adjourned the matter for November 14 on the plea seeking worship of the ‘Shivling’ that the Hindu side claimed to be found on the Gyanvapi mosque premises.

The matter was adjourned for November 14 as the concerned judge would not sit in the Fast Track court today.
The Court was supposed to deliver its verdict on the three main demands by the plaintiff which include the permission for the immediate beginning of prayer of Swayambhu Jyotirlinga Bhagwan Vishweshwar, the handing over of the entire Gyanvapi complex to the Hindus, and banning the entry of Muslims inside the premises of the Gyanvapi complex.

It is to be noted that the Muslim side is allowed to offer prayers at present.

During the previous hearing that took place in October, the Varanasi court had refused to allow a ‘scientific investigation’ of the purported ‘Shivling’.

The Hindu side had demanded carbon dating of the structure they claimed to be a Shivling found inside the Gyanvapi Mosque’s wazukhana.

However, the Muslim side said that the structure found was a ‘fountain’. The Hindu side had then submitted an application in the Varanasi District Court on September 22 that sought a carbon dating of the object they claimed to be ‘Shivling’.

The Hindu side said that they would approach the Supreme Court against the Varanasi court’s verdict refusing to allow a ‘scientific investigation’ of the purported ‘Shivling’, claiming to be found on the Gyanvapi mosque premises.

On September 29 hearing, the Hindu side had demanded a scientific investigation of the ‘Shivling’ by the Archaeological Survey of India (ASI) and the carbon dating of ‘Argha’ and the area around it.

The Varanasi court said, “It would not be proper to order the survey of Archaeological Survey of India (ASI) and by giving such order the age, nature, and structure of the said Shivling is known, even this does not imply the possibility of a just solution”.

Advocate Vishnu Jain, representing the side in the Gyanvapi case, “Court has rejected our demand of seeking carbon dating. We’ll move to Supreme Court against this order and challenge it there. I cannot announce the date as of now, but we’ll soon challenge this order in Supreme Court.”

Another lawyer of the Hindu side Madan Mohan Yadav said, “Though the court has rejected the demand of seeking carbon dating, the option of going to the High Court is available and the Hindu side will place their point before the High Court as well.”

Referring to the order of May 17 of the Supreme Court, the Varanasi Court had said that “If the alleged Shivling is damaged by taking samples, then it will be in violation of the order of the Supreme Court”.

“If the Shivling is damaged, the religious sentiments of the general public can also get hurt”, the Varanasi Court had said.

Carbon dating is a scientific process that ascertains the age of an archaeological object or archaeological finds.

After hearing both sides’ arguments, the court had reserved the order in the Gyanvapi Mosque-Shringar Gauri case.

On May 20, the Supreme Court had ordered the transfer of the case related to worship at Gyanvapi mosque from the civil judge to the District Judge, Varanasi.

Akhlaq Ahmed, representing the Muslim side had said that the plea by the Hindu side is not maintainable as it is against the order of the Supreme Court that stated protecting the structure (which the Muslim side claims to be a fountain and the Hindu side claims to be a Shivling).

“We responded to the application on carbon dating. Stone does not have the capacity to absorb carbon. The Supreme Court in its May 17 order, according to which, the object that the commission found, had to be protected. The order of the SC will prevail, so the object cannot be opened. According to the Hindu side, the process will be scientific, even if it is so, there will be tampering with the object. Chemicals will be used for the test. We will take action based on the order by the court on October 14,” Ahmed had told ANI.

Another lawyer representing the Muslim side, Tohid Khan had said, “The court will deliver its verdict on whether the application seeking carbon dating is acceptable or should be rejected. The structure is a fountain and not Shivling. The fountain can still be made operational.” (ANI)

Read More: http://13.232.95.176/

Haldwani Railway Land

2012 Chhawala Case: SC Acquits All Convicts

By LokMarg

Supreme Court on Monday acquitted three convicts who were awarded the death penalty by the Delhi Court after being held guilty of raping and killing a 19-year-old woman in Delhi’s Chhawala area in 2012.

The three convicts were awarded the death penalty after being held guilty of raping and killing a 19-year-old woman in 2012. The victim’s mutilated body was found in a field with multiple injuries due to assault with objects ranging from car tools to earthen pots.
A Delhi court in February 2014 convicted three men for raping and killing a 19-year-old woman in 2012 and awarded them the death penalty.

The capital punishment was confirmed by the Delhi High Court on August 26, 2014, saying they were “predators” moving on the streets and “were looking for prey”.

Three men, Ravi Kumar, Rahul, and Vinod were convicted under various charges dealing with kidnapping, rape, and murder.

The case dates back to February 2012, when a 19-year-old girl’s body was found in Haryana. The girl was brutally killed after being raped.

A case was registered regarding this at outer Delhi’s Chhawala (Najafgarh) police station.

According to the prosecution, the offence was brutal in nature as they first kidnapped the woman, raped her, killed her, and dumped her body in a field in Rodhai village in Haryana’s Rewari district. (ANI)

Read More: http://13.232.95.176/

Air pollution in Delhi-NCR.

SC To Hear On Nov 10 Plea On Worsening Air Pollution In Delhi-NCR

By LokMarg

The Supreme Court on Friday agreed to hear on November 10 a plea seeking measures to curb worsening air pollution in Delhi-NCR.

A bench of Chief Justice of India UU Lalit and Bela M Trivedi posted the case for hearing on November 10 after an advocate mentioned the matter for urgent hearing.
Advocate Shashank Shekhar Jha, who filed the plea, told the bench that stubble burning has increased in Punjab.

“Parali burning has increased in Punjab. Even normal people can’t walk in such a situation,” Jha argued.

The plea sought direction to summon Chief Secretaries of Delhi, Punjab, Haryana, and Uttar Pradesh and directed them to personally take responsibility for no case of stubble burning anywhere.

It sought direction for issuing fresh guidelines to all the States with respect to stubble burning. The plea asked to issue guidelines to each and every State to take necessary measures in order to reduce pollution including the installation of smog towers, plantation drives, affordable public transport, etc.

“Public at large is forced to inhale polluted air and the oxygen filled with smog. Despite the clear orders of this Court to stop stubble burning and construction causing air pollution, there is rampant pollution in the National Capital Territory and other places making it difficult for people to survive,” said the plea adding that the situation is directly against the Right to life of people at large.

The petition said the AQI level on November 3 has been between 440 to 460 across Delhi which as per various sources “affects healthy people and seriously impacts those with existing diseases”.

An AQI of 400 or higher is considered “severe,” and it can affect both healthy people and those who already have illnesses, it said.

It sought direction for appointing a high-level committee under the chairmanship of a retired Supreme Court judge to tackle the air-pollution crisis due to stubble burning.

The plea further urged that the schools, colleges, government, and private offices go virtual/online in order to protect the life of people at large.

The advocate said that the pollution is caused because states like Punjab have failed to provide an alternative to the farmers against stubble burning.to control pollution. (ANI)

Read More: http://13.232.95.176/

1984 Sikh Massacre

1984 Sikh Massacre: SC Takes SIT On Record

By LokMarg

Senior Advocate HS Phoolka on Thursday apprised the Supreme Court about the sham trial that has taken place in the 1984 cases.

Senior Advocate HS Phoolka cited the SIT report which was filed on November 29, 2019. According to the SIT report, in FIR No 433/84 PS Kalyanpuri, while police after clubbing various cases sent a challan in respect of the murder of 56 persons, the trial court framed charges only in respect of the killing of 5 persons and no change was framed in respect of remaining murders.
The report stated that witnesses appeared before the court and gave evidence about the killings of their nears and dears but since no charge was framed in respect of the rest of the murderers/accused persons, the testimony of witnesses went waste and nobody was punished.

The report also stated that it is not known why charges were framed only for 5 murders and not 56 murders and why the trial court did not order a separation of the trial for each incident of crime.

According to the report, it is also seen from the perusal of judgments found in these files that when the witness stated in the court that she had seen the incident and could identify the culprits, the public prosecutor did not even ask her to identify the rioters out of several accused persons present in the court.

A bench of Justices AS Bopanna and PS Narasimha took the report of the Special Investigation Team on record and adjourned the hearing for two weeks. The court also asked Senior Advocate HS Phoolka to file a note.

The court was hearing Petitioner S Gurlad Singh Kahlon, who had sought the court’s direction for setting up of the SIT to ensure speedy justice for the riot victims. (ANI)

Read More:http://13.232.95.176/