Tag: Supreme Court

Omar Abdullah on India Bharat

Change Constitution If You Have Guts: Omar Abdullah Amid India-Bharat Row

By LokMarg

As controversy has erupted on the ‘Bharat-India’ name, National Conference leader Omar Abdullah on Friday challenged the Centre to ‘change’ the Constitution first if they have ‘guts’.

Talking to the reporters here, the NC leader said nobody will support the union government if it will change the Constitution to rename the country.

“Nobody can change it… It is not so easy to change the name of the country. To do this, you will have to change the Constitution of the country. If you have the guts, then do it, we will also see who supports you…,” Omar Abdullah said.

Speculations have gained ground that the Centre might change the name of the country to Bharat from India after Rashtrapati Bhawan sent out invitations for a G20 dinner on September 9 on behalf of the ‘President of Bharat’.

The opposition alleged that the government was resorting to “drama” just because they got together and called their bloc INDIA. BJP leaders have strongly supported the move by the government.

National Conference (NC) patriarch Farooq Abdullah also commented on the same on Friday and said, “Read the Constitution first; it is mentioned there that Bharat and India are one. You (media) create controversy.”

However, the Ladakh administration announced a new schedule for elections to the fifth Ladakh Autonomous Hill Development Council (LAHDC) in the Kargil region, following a directive by the Supreme Court, Omar Abdullah said that his party is now looking forward to getting the support of the people in the region after the verdict.

“It is unfortunate that we had to fight for the thing that was our right as a political party. Election guidelines are very clear about the allocation of the symbol. Clearly, the administration and Ladakh had a biased agenda which is why they went all the way to the Supreme Court. But if you read the verdict, particularly the detailed judgement and the imposition of Rs 1 lakh on Ladakh administration is itself an indication how seriously the court viewed the conduct of Ladakh government,” the NC leader said.

As per the notification, elections to 26 seats of the 30-member LAHDC will be held on October 4. The LAHDC Kargil had come into effect in 2003.

As per the previous notification the Union Territory of Ladakh had announced that elections to the LAHDC were scheduled to be held on September 10 and counting to be held on September 14.

According to the new notification, the process for filing nominations will start on September 9 and the last date for filing nominations is September 16. The last date for withdrawing nominations has been fixed on September 20, it said.

The counting of votes will take place on October 8.

“Voting will be held between 8 am to 4 pm,” it said.

The notification further said that the entire election process should be completed before October 11.

The Supreme Court Wednesday set aside the August 2 notification issued by the Ladakh administration for elections to LAHDC and directed that a fresh notification be issued within seven days.

The bench of Justices Vikram Nath and Ahsanuddin Amanulla imposed a cost of Rs 1 lakh on the Ladakh administration and also dismissed its appeal against an August 14 order of a division bench of the Jammu and Kashmir High Court which had upheld an interim order by a single-judge bench for grant of the ‘Plough’ poll symbol to the Jammu and Kashmir National Conference (JKNC). (ANI)

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Omar Abdullah

SC Allots Plough Election Symbol To J&K National Conference

By LokMarg

The Supreme Court on Wednesday set aside the notification issued by the Union Territory of Ladakh for the election in the Ladakh Autonomous Hill Development Council (LAHDC) and allotted the ‘plough’ symbol to the Jammu and Kashmir National Conference (JKNC).

Welcoming the Supreme Court’s decision, JKNC Vice President Omar Abdullah said, “We have got the verdict we wanted and deserved.”

Hitting out at the ‘biased’ UT administration, Abdullah said, the Bharatiya Janta Party, ably assisted by a totally biased Ladakh administration, did everything possible to deny us our rights.

“Our symbol, the plough, was given to us by the Hon. Supreme Court earlier this morning. The BJP, ably assisted by a totally biased Ladakh administration, did everything possible to deny us our rights. The court saw through this and penalized them with ₹1 lakh in costs imposed on the administration. Congratulations to @JkncKargil! And a huge thank you to @ShariqJReyaz for the amazing job he did arguing this in front of the HC and SC,” Omar Abdullah wrote on X.

On Friday, the Supreme Court reserved orders on a petition filed by the Ladakh administration seeking to restrain the Jammu & Kashmir National Conference Party (JKNC) from fighting the local body elections in Kargil on its registered ‘plough’ symbol. The court announced that an order would be passed on Wednesday.

Elections will be held in the Kargil region on September 10. The Court, in its order, asked the election authorities to allot the plough symbol to the JKNC.

The decision was announced by a bench of Justices, including Vikaram Nath and Ahsanuddin Amanullan. The court directed a fresh notification to be issued to LAHDC within 7 days. Also, a fine of Rs 1 lakh has been imposed on the UT administration. The Court said that only due to this reason, the entire election process issued by the Ladakh authority has been set aside. (ANI)

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Article 370

SC Reserves Judgement On Pleas Challenging Abrogation Of Article 370

By LokMarg

The Constitution bench of the Supreme Court has reserved its verdict on a batch of petitions challenging the abrogation of Article 370 and bifurcation of the erstwhile state of Jammu and Kashmir into two Union territories.

Five-judge Constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant reserves the judgement after hearing the arguments for 16 days.

The bench granted three days time to parties to file written notes on their submissions in the case.

The Central government has defended its decision of abrogation of Article 370 saying there was no “constitutional fraud” in repealing the provision that accorded special status to the erstwhile state of Jammu and Kashmir.

Attorney General R Venkataramani and Solicitor General Tushar Mehta appeared for Centre.

Centre told the bench that Jammu and Kashmir was not the only State whose accession to India was through instruments of accession but many other princely States that too had joined India, post-independence in 1947, with conditionalities and after their merger their sovereignty was subsumed in the sovereignty of India.

Of the 565 princely States at the time of independence in 1947, the majority of them were in Gujarat and many had conditions relating to taxes, land acquisition and other issues, the Central government told the bench.

Centre also submitted that the status of Jammu and Kashmir as a Union Territory is only temporary and it will be restored to Statehood, however, Ladakh would remain a Union Territory.

Senior advocate Kapil Sibal, appearing on behalf of the petitioners, opened the arguments by saying Article 370 was no longer a “temporary provision” and it had assumed permanence post the dissolution of the Constituent Assembly of Jammu and Kashmir.

He contended that the Parliament could not have declared itself to be the legislature of J-K in order to facilitate the abrogation of Article 370 as Article 354 of the Constitution does not authorise such an exercise of power.

Highlighting that the express terms of clause 3 of Article 370 show that a recommendation from the Constituent Assembly was essential to remove Article 370, Sibal argued that in the wake of the dissolution of the Constituent Assembly whose recommendation was required to abrogate Article 370, the provision could not be revoked.

Jammu and Kashmir High Court Bar Association has told the Supreme Court that while acceding to India, the Maharaja of Jammu and Kashmir acceded his sovereignty over the territory of the State but not his sovereign power to rule and govern the State.

Accession of Jammu and Kashmir to India was territorial and except for defence, external affairs and communication, rest all the powers were retained with the State to make laws and govern, said senior advocate ZA Zafar appearing for J-K High Court Bar association.

The Central government has defended its decision to abrogate Article 370 from Jammu and Kashmir saying post the changes, street violence, which was engineered and orchestrated by terrorists and secessionist networks has now become a thing of the past.

Since 2019, when Article 370 was abrogated, the entire region has witnessed an “unprecedented era of peace, progress and prosperity”, Centre said.

After the abrogation of Article 370 from Jammu and Kashmir life has returned to normalcy there after three decades of turmoil, the Centre in its affidavit told the Supreme Court.

It has been said that schools, colleges and universities have been functioning without any strikes during the last three years.

The Constitution bench was hearing a batch of petitions challenging the abrogation of Article 370 of the Constitution and bifurcating the state into two Union Territories.

A number of petitions were filed in the top court including those of private individuals, lawyers, activists politicians and political parties challenging the Jammu and Kashmir Reorganisation Act, 2019, which splits Jammu and Kashmir into two Union Territories — Jammu and Kashmir, and Ladakh.

On August 5, 2019, the Central government announced the revocation of the special status of Jammu and Kashmir granted under Article 370 and split the region into two Union territories. (ANI)

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supreme court women dr

Ready Eor elections In J&K Anytime Now, Centre To SC

By LokMarg

The Central government on Thursday told the Supreme Court that it is ready for elections in Union Territory of Jammu and Kashmir any time now and the decision depends on the Election Commission of India and State Election Commission. The court is hearing a batch of petitions challenging the abrogation of Article 370.

Solicitor General Tushar Mehta appearing for Centre, told a five-judge Constitution bench headed by Chief Justice of India DY Chandrachud that the process of updation of the voters’ list in Jammu and Kashmir is underway and it will take a month or so to complete.

“Central government is ready for elections any time now,” the Solicitor General told the Constitution bench hearing pleas against abrogation of Article 370.

“To date, updating of voters list was going on, which is substantially over. Some part is remaining, that the Election Commission is doing,” SG told the bench also comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant.

The Solicitor General further said that the State Election Commission and the Election Commission of India will take a call together on the time for elections.

He explained that three-tier elections are to be held. For the first time, the three-tier Panchayat Raj system is introduced, SG told the bench. First, elections would be for Panchayats.

Legislative elections in Jammu and Kashmir are likely to be held after Panchayat polls, and municipal polls, said the government.

The Centre also said that it is unable to give a specific timeline for restoring the Statehood status of Jammu and Kashmir but clarified that Union Territory status is temporary.

“I am unable to give an exact time period for complete Statehood while saying Union Territory status is temporary,” the Solicitor General told the bench.

On the last date of the hearing, the top court while observing that “restoration is important” had asked the Centre to give a definite timeline for Statehood and elections in the region.

Centre told the bench today that steps are being taken by the Central government for the Statehood of Jammu and Kashmir and these steps can be taken only if it is a Union Territory.

Developments are taking place for it to become a complete State, he said.

SG explained the various steps taken by the Centre saying terrorist instances have reduced by 45.2 per cent compared from 2018 to 2023 and infiltration reduced by 90 per cent. Law and order issues like stone pelting etc. reduced by 97 per cent.

Security persons casualty is reduced by 65 per cent, he said.

Stone pelting instances in 2018 were 1767 cases, it is nil now. Youth has been gainfully employed now and earlier they were misled by secessionist forces. Organised bandhs etc in 2018 were 52 and now it is nil, the Solicitor General told the bench.

In 2022, 1.8 crore tourists visited and in 2023, 1 crore tourists have visited, Mehta said.

On the other hand, senior advocate Kapil Sibal, appearing for one of the petitioners against abrogation of Article 370, said that the government has 5,000 people under house arrest, section 144 imposed, the internet was shut off, and people could not go to hospitals even.

“Let us not make a mockery of democracy, and not talk about bandhs etc.,” he said.

CJI Chandrachud then clarified that it will deal with the legality of the abrogation of Article 370 on constitutional grounds and that facts relating to election or statehood won’t affect that determination.

On the last date of the hearing Centre told the apex court that the status of Jammu and Kashmir as a Union Territory is only temporary and it will be restored to Statehood, however, Ladakh would remain a Union Territory.

The Constitution bench is hearing a batch of petitions challenging the abrogation of Article 370 of the Constitution and bifurcating the state into two Union Territories.

On August 5, 2019, the Central government announced the revocation of the special status of Jammu and Kashmir granted under Article 370 and split the region into two Union territories (ANI).

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Chief Minister DK Shivakumar

We Will Safeguard Interests Of State: Deputy CM On Cauvery Dispute

By LokMarg

Karnataka Chief Minister DK Shivakumar on Tuesday said the Supreme Court will announce its verdict soon on the Cauvery water dispute and said they will “safeguard the interests” of the state.

Speaking to reporters in Mysuru, Shivakumar said, “Let the hearing finish. We will put forth our arguments and we will safeguard the interests of the state.”

“Let the Supreme Court verdict come. Then I will react,” he added.

This comes a day after the Cauvery Water Regulation Committee (CWRC) passed an interim order asking Karnataka to release 5,000 cusecs of water to Tamil Nadu daily for the next 15 days till September 2.

The Supreme Court on Friday refrained from passing any order on the Tamil Nadu government’s plea on the release of Cauvery water, saying it doesn’t possess any expertise on this issue and sought a report from the Cauvery Water Management Authority (CWMA) on the quantum of release made by Karnataka.

Tamil Nadu government has approached the top court seeking direction to Karnataka to release 24,000 cusecs of water daily per day from the reservoirs in Karnataka.

Karnataka government on Thursday filed an affidavit opposing Tamil Nadu’s application saying that the application is based on an assumption that this year is the normal rainwater year.

The government said that Tamil Nadu’s application that Karnataka to ensure the release of 36.76 TMC (thousand million cubic feet) stipulated for September 2023 has no legal basis since the said quantity is stipulated in a normal water year and this water year, being a distressed water year so far, it is not applicable.

The application is based on an “erroneous assumption” that this year is the normal rainwater year, even though, rainfall is lesser by 25 per cent and inflow into four reservoirs in Karnataka was lesser by 42.5 per cent up to August 9 as recorded by the Cauvery Water Management Authority, Karnataka government stated in its affidavit.

On Monday Karnataka CM Siddaramiah instructed the Water Resources Department officials to prioritise the welfare of Karnataka farmers from the Cauvery water.

“We cannot give 83 Tmcft of water as it will empty out reservoirs and cause problems for drinking water,” he said.

The Cauvery water issue has been a controversial issue between Karnataka and Tamil Nadu for decades and they have been locked in a battle over the sharing of water from the Cauvery River, which is a major source of irrigation and drinking water for millions of people in the region.

The Centre formed the Cauvery Water Disputes Tribunal (CWDT) on June 2, 1990, to adjudicate disputes between Tamil Nadu, Kerala, Karnataka and Puducherry with respect to the water-sharing capacities.

The Cauvery is an interstate basin that originates in Karnataka and passes through Tamil Nadu and Pondicherry before draining into the Bay of Bengal.

The total watershed of the Cauvery basin is 81,155 sq km, of which the river’s catchment area is about 34,273 sq km in Karnataka, 2,866 sq km in Kerala and the remaining 44,016 sq km in Tamil Nadu and Pondicherry. (ANI)

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rajasthan HC

SC Sets Aside Rajasthan HC Order In Rape Case Against MLA’s Son

By LokMarg

The Supreme Court has set aside a Rajasthan High Court order which granted bail to a rape accused, who is the son of a sitting MLA, and asked him to surrender within two weeks.

The top court noted that the accused Deepak is the son of MLA Johari Lal and could influence the witnesses.

“The fact that accused Deepak is the son of sitting MLA would disclose the domineering influence he would wield not only in delaying the proceedings but also in pressurizing the witnesses to either resile from their statement given during the course of investigation, or pose a threat to them from deposing against accused on their failure to act according to his dictates, or induce them to testify as per his dictates or to help the defence of the accused,” the Supreme court noted.

The top court was hearing an appeal challenging an order dated April 6 passed by a single judge of the High Court of Rajasthan. The court had given bail to the accused.

A 15-year-old girl was allegedly gang-raped by three persons in Mandawar in Rajasthan’s Dausa district. The FIR was registered in March 2022 alleging gang rape, threat of making video of the crime viral besides extortion.

The accused were booked under provisions of the POCSO Act and Section 66D of the Information Technology Act. (ANI)

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Imphal Manipur

Manipur Violence: Three-Judge Committee Submits Reports To SC

By LokMarg

The Supreme Court on Monday said that it will pass orders on Friday to facilitate the proper functioning of a committee headed by Justice (retd) Gita Mittal which was set up to monitor relief work, rehabilitation, compensation and healing of violence-hit Manipur.

The committee has submitted three reports before the top court, a bench headed by Chief Justice of India DY Chandrachud said.

The bench hearing the Manipur violence cases said that certain procedural directions would be required to be issued for administrative assistance, to meet the financial expenses of the committee, etc. 

It said three reports filed by the Committee be given to advocates in the case.

The committee in its report flagged that victims of ethnic violence in Manipur have lost their necessary documents in the violence and need to be reissued. It further highlighted that the Manipur victim compensation scheme may be updated and the proposal of the committee for the appointment of domain experts.

After reviewing the reports, the bench also underlined that the committee had bifurcated the cases under several heads such as compensation, violence against women, mental health care, medical health care, relief camps, data reporting and monitoring etc.

The bench posted the matter for direction on Friday.

The apex court had set up the three-member committee of former High Court judges — Justice Gita Mittal, former Chief Justice of Jammu and Kashmir High Court, Justice Shalini Phansalkar Joshi, former Judge of the Bombay High Court and Justice Asha Menon, former Judge of the Delhi High Court.

A three-member committee was set up to look into humanitarian aspects of the issue including relief, remedial measures, rehabilitation measures, and restoration of homes and places of worship.

The top court seized the cases relating to the violence in Manipur between Meitei and Kuki communities.

The violence in Manipur between the Hindu Meiteis and the tribal Kuki, who are Christians, erupted after a rally by the All Tribal Students Union of Manipur (ATSUM) on May 3.

Violence has gripped the entire state for over three months now and the Central government had to deploy paramilitary forces to bring the situation under control. (ANI)

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supreme court women dr

SC Allows Gujarat Rape Victim To Terminate Pregnancy

By LokMarg

Observing that pregnancy outside marriage is injurious and a cause of stress, the Supreme Court on Monday allowed a rape victim from Gujarat to terminate her 27-week pregnancy.

A bench of Justices BV Nagarathna and Ujjal Bhuyan took into note the victim’s medical report and said she is fit to terminate the pregnancy.

“In Indian society, within the institution of marriage, pregnancy is a source of joy for couples and society. In contrast, pregnancy outside marriage is injurious, particularly in cases of sexual assault or abuse and is a cause of stress and trauma affecting the physical and mental health of pregnant women. Sexual assault of a woman is itself distressing and sexual abuse resulting in pregnancy compounds the injury. This is because such a pregnancy is not voluntary or mindful,” the bench said.

The apex court in its order stated, “In view of the above discussion and the medical report, we permit the appellant to terminate her pregnancy. We direct her to be present in hospital tomorrow so that the procedure for termination of pregnancy can be carried out.”

The top court also said if the foetus is found to be alive, the hospital shall give all necessary assistance, including incubation to ensure the foetus survives. “If it survives, the State shall take steps to ensure the child is adopted in accordance with the law,” the apex court said.

The victim’s counsel also requested the apex court for the preservation of tissues of the foetus for use as DNA evidence in the rape case trial.

The top court directed the doctors to explore the feasibility of preserving tissues of the foetus, if it is possible, so that it may be handed over to the investigating agency for DNA examination in the rape case filed by the woman in the matter.

The apex court once again criticised the Gujarat High Court for the manner in which it passed an order in the rape victim’s plea seeking termination of her pregnancy.

Today, as the matter came up for hearing, the apex court was informed that after the Supreme Court heard the matter and passed an order in a special sitting on Saturday, the High Court passed another order seemingly attempting to clarify its earlier order.

Justice Nagarathna said, “We do not appreciate the High Court’s counterblast to the Supreme Court’s orders. What is happening in the High Court of Gujarat? Do judges reply like this to a superior court’s order? We do not appreciate this. These kinds of attempts are being made by High Court judges to circumvent something we have said, like this. There is no need for any judge of the High Court to justify its order,”

Judges do not have to justify their orders by passing a subsequent order, Justice Bhuyan said.

Solicitor General Tushar requested the bench to refrain from making comments about the High Court judge.

“No judge can counterblast the Supreme Court’s order,” Justice Nagarathna said.

The bench in its order stated, “We restrain ourselves from saying anything on the High Court order dated August 19 (Saturday).”

On Saturday, the top court heard plea of a rape victim to terminate her pregnancy and ordered a fresh medical examination.

That day also, the bench criticised the High Court which rejected the victim’s plea to terminate the pregnancy and said that in such cases, “there should be a sense of urgency” and not a “lackadaisical attitude treating it as a normal matter”.

It had noted that a lot of time had been lost with the High Court initially adjourning the case. (ANI)

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Yamuna

SC Asks Delhi, Haryana For Status Report On Pollution In Yamuna River

By LokMarg

The Supreme Court has asked the Delhi and Haryana governments to file a status report on pollution of the Yamuna River.

A bench of Justices AS Bopanna and Prashant Kumar Mishra has listed the matter for further hearing on October 3.

“In that view, we deem it appropriate to first hear the issue relating to the pollution of the Yamuna River. In that regard, the status report shall separately be filed by the State of Haryana as also by the State of Delhi,” the court said on its Tuesday’s order copy.

The court order came after hearing the submission made by Amicus Curiae as also the other counsel representing the parties.

It was brought to the court’s notice that in these petitions and applications, the matter

relating to the pollution of the Yamuna River as also the coastal areas and the remedial measures are an issue.

It was pointed out that it would be appropriate these issues be divided and heard so that corrective measures may be implemented effectively.

The court further stated that, while the subject of coastal areas will be dealt up separately, with a date set on following occasions when these cases are mentioned, the progress report in that regard is also required to be filed by the relevant authorities.

The apex court had taken suo moto cognizance on the issue of “remediation of polluted rivers” observing that one of the major causes of water pollution was the discharge of non treated/ partially treated municipal waste and effluents of various states and cities.

The suo moto cognizance was taken on the issue of pollution of water resources and the deterioration in quality of fresh water as being an issue of greater importance affecting general public and living beings including marine life.

“Deterioration of quality of fresh water has a direct correlation with the quality of public health. It is an acknowledged fact that pollution of water supplies by sewage effluents has been and still is a major cause of variety of diseases and discomforts,” the Bench had stated in its earlier order. (ANI)

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Chandigarh Mayor elections

SC Declines To Cancel Bail Of Accused In Morbi Bridge Collapse

By LokMarg

The Supreme Court has declined to cancel the bail granted by the Gujarat High Court to an accused who had issued tickets to visitors on the day when the Morbi bridge collapsed last year, which claimed over 140 lives.

A bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra did not agree to the submissions of the lawyer, appearing for the Tragedy Victim Association, Morbi, seeking cancellation of bail of the man.

The bench while dismissing the plea on Monday said, “He was just selling the tickets”.

Tragedy Victim Association, Morbi, approached the apex court seeking cancellation of bail granted to an accused Mansukhbhai Valjibhai Topia by the High Court on June 9.

The Association said the High Court wrongly granted bail to the accused.

The Gujarat High Court granted bail to the accused while taking into note the fact that the investigation was over and the charge sheet was already filed.

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 British-era bridge was closed for about eight 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)

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