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SC Adjourns Khalid’s Bail Plea Scheduled For July

By LokMarg 12th July 2023

The Supreme Court on Wednesday adjourned the hearing for July 24 on the bail plea filed by former Jawaharlal Nehru University (JNU) student and activist Umar Khalid in a UAPA case related to the alleged conspiracy behind the North-East Delhi riots in February 2020.

A bench of Justices AS Bopanna and MM Sundresh adjourned the hearing after the counsel appearing for Delhi Police sought time to file a response on Khalid’s bail plea.
Senior advocate Kapil Sibal appearing for Khalid told the bench that he has been inside jail for over two years and eleven months now.

Advocate Rajat Nair appearing for Delhi police said chargesheets run in thousands of pages and investigating agency needs some reasonable time to file a reply.

Khalid had approached the top court challenging an October 2022 Delhi High Court verdict that had denied bail to him.

Khalid, arrested by Delhi Police in September 2020, in the High Court had sought bail on grounds that he neither had any “criminal role” in the violence in the city’s North-East area nor any “conspiratorial connect” with any other accused in the case. The Delhi police had opposed the bail plea of Khalid.

Khalid had approached the High Court challenging the dismissal of his bail application by the trial court in March 2022.

He was charged with criminal conspiracy, rioting, unlawful assembly as well as several sections of the Unlawful Activities (Prevention) Act (UAPA).

Besides Khalid, Sharjeel Imam, activist Khalid Saifi, JNU students Natasha Narwal and Devangana Kalita, Jamia Coordination Committee members Safoora Zargar, former AAP councillor Tahir Hussain and several others were booked under the stringent law in the case.

The violence had erupted during the protests against CAA and NRC and had left 53 people dead and over 700 injured. (ANI)

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Krishna Janmabhoomi-Shahi Idgah Masjid dispute

SC Holds Extension Of ED Director Mishra Tenure Illegal

By LokMarg 11th July 2023

After the Supreme Court held the extension of tenure of the director of the Enforcement Directorate (ED) Sanjay Kumar Mishra as “illegal”, Congress General Secretary KC Venugopal on Tuesday said that the apex court’s verdict is a “slap” on the government’s face.

“This is a slap on the government’s face. The motive to give an extension has been questioned by the Supreme Court verdict,” Venugopal said while talking to ANI.
The Supreme Court on Tuesday put a stay on the Centre’s order granting a third extension to Enforcement Director Sanjay Kumar Mishra and termed the order “illegal”. However, it added that Mishra will continue to serve the post till July 31.

The apex court has stated that Mishra will continue to serve as ED director till July 31.

Earlier this May, the SC reserved its order on the various petitions challenging the extension of the tenure of the ED Director.

After hearing submissions by all sides, a bench of Justices BR Gavai, Vikram Nath and Sanjay Karol reserved the order.

Solicitor General Tushar Mehta, appearing for Centre, apprised the Court that Mishra is not the Director General of Police but he represents the country internationally and hence parliament has taken a conscious call. Mehta also apprised the court that SK Mishra will retire in November.

Amicus Curiae KV Viswanathan urged the top court to strike down the amendment in the larger interest of democracy expressing fear that it will be misused by future governments.

In the last hearing, Solicitor General Tushar Mehta defended the government’s decision to extend the tenure of the ED Director and said that the money laundering offence has trans-border implications.

He had said that extension was for administrative reasons as it was vital for the country’s evaluation by the Financial Action Task Force (FATF).

The court was hearing petitions challenging the Centre’s decision on November 17, 2022 whereby the government extended the third tenure of ED director SK Mishra.

In an earlier hearing, Amicus Curiae Vishwanathan had raised an objection to the extension of the tenure of the ED director and submitted before the apex court that the Committee failed to consider the availability and suitability of other officers before taking a decision on the extension of tenure of ED director.

Amicus said that the office order dated November 17, 2021 did not satisfy the touchstone of ‘public interest’ and hence it might be set aside.

On the other hand, the Centre in its affidavit had defended its decision to extend the tenure of the ED director. It said that the petition challenging it is motivated and urged the top court to dismiss the plea.

The central government submission came on an affidavit which was filed countering the submission of the petition challenging the extension of the ED director.

Centre had informed the SC that the petition was clearly motivated by an oblique personal interest rather than any public interest litigations. (ANI)

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SC Declines To Extend Time For SpiceJet To Make Payment To Kalanithi Maran, Kal Airways

By LokMarg 7th July 2023

The Supreme Court on Friday refused to extend the time for making payment by low-cost airline SpiceJet to media baron Kalanithi Maran, the former promoter of SpiceJet, and his Kal Airways in pursuance of an arbitral award of Rs 578 crore related to a share-transfer dispute.

A bench headed by Chief Justice DY Chandrachud declined to grant more time to SpiceJet saying these are “luxury” litigations.
SpiceJet was directed to deposit forthwith Rs 75 crore that has to be paid to Maran and his Kal Airways towards interest on the arbitral award.

Earlier, the top court had ordered that the bank guarantee of Rs 270 crore furnished by SpiceJet to Maran and his firm must be encashed immediately if the airlines failed to pay Rs 75 crore towards interest on the arbitral award by May 13.

The apex court was hearing the appeal of SpiceJet against the November 2, 2020 order of the High Court asking the low-cost airline to deposit around Rs 243 crore as interest in connection with a share transfer dispute with its former promoter and media baron Kalanithi Maran and his firm Kal Airways.

On November 7, 2020, the top court stayed the High Court order asking SpiceJet to deposit around Rs 243 crore as interest in connection with the share transfer dispute.

SpiceJet and its promoter Ajay Singh were asked to deposit around Rs 243 crore as interest payable on Rs 579 crore, which the High Court had in 2017 asked SpiceJet to deposit under the 2018 arbitration award in the share transfer dispute. (ANI)

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Cong Has Gone Berserk: Goyal On Uniform Civil Code

By LokMarg 2nd July 2023

Union Minister of Commerce and Industry Piyush Goyal has hit out at Rajya Sabha MP Kapil Sibal and the Congress for questioning the BJP-led government over the implementation of the Uniform Civil Code (UCC) saying that the leaders of the grand old party have gone “berserk”.

In an exclusive interview with ANI, Goyal said that it is the need of the hour that a law should be made by uniting and including all the people of the country and the Supreme Court has also endorsed many of its verdicts.
“I think the Congress and its leaders have gone berserk. It is the need of the hour that a law should be made by uniting and including all the people of the country. Supreme Court had also talked about bringing UCC five times in different judgments. Kapil Sibal has forgotten the development works PM Modi has done for the minorities. No government has done as much as done in Modi government,” Goyal said while talking to ANI.

The union minister further said that the BJP would get cross-party support for the UCC.

“We have a full majority in Rajya Sabha and I think there are many leaders from other parties who want that the country should unite. I think many parties will support BJP on Uniform Civil Code. We will get cross-party support for this,” the minister said.

Earlier on Saturday, Kapil Sibal said that Prime Minister Narendra Modi should inform the country of what the proposal was for a UCC.

The former union law minister also said that Uttarakhkand’s Civil Code cannot be implemented across the country.

“Firstly Prime Minister should inform the country what is the proposal for UCC and on what issues he want uniformity. Until a proposal is put forward, there is no need for a debate (on UCC),” Sibal said.

“Uttarakhkand’s Civil Code cannot be implemented across the country. People are not completely aware of the law, but there are discussions going on,” he added.

Prime Minister Narendra Modi’s strong endorsement of the Uniform Civil Code (UCC) brought it back to the spotlight.

PM Modi said that the country cannot run on two laws and that Uniform Civil Code was part of the Constitution.

“Today people are being instigated in the name of UCC. How can the country run on two (laws)? The Constitution also talks of equal rights…Supreme Court has also asked to implement UCC. These (Opposition) people are playing vote bank politics,” PM Modi had said.

However, going against his own party, Himachal Pradesh Congress leader Vikramaditya Singh has backed the implementation of the UCC.

“Congress party has always represented all segments of the fabric of India…As far as uniform civil code is concerned. We have said in this that we believe in the uniformity of diversity…So before bringing any law, no one should feel that this law is against them…There has to be a strong consensus building amongst all the parties concerned…But they (BJP) have to take everybody on board,” the Congress leader added. (ANI)

SC Grants Interim Protection To Activist Teesta For 7 Days

By LokMarg 2nd July 2023

The Supreme Court granted interim protection to social activist Teesta Setalvad, whose regular bail was rejected by the Gujarat High Court today in a case of alleged fabrication of evidence in relation to the 2002 Gujarat riots. High Court had asked her to surrender immediately.

In a special sitting, a three-judge bench of Justices BR Gavai, AS Bopanna and Dipankar Datta stayed for seven days the order of the Gujarat High Court which asked her to surrender immediately while rejecting her regular bail plea.
Granting interim protection from arrest for seven days to Setalvad, the bench said, “The single judge ought to have granted some time… We stay the order of the single bench for a period of one week.”

While giving the judgement Supreme Court observed that “we are sorry to say the single judge was totally wrong in not granting interim protection even for one week.”

When this court has granted interim bail, extending it by a week would have been ideal, observed Supreme Court.

Solicitor General said that it’s not an ordinary case; somebody takes institutions for a joy ride. The country and state were maligned for decades. She wrote to Geneva, the SG said.

Supreme Court asked Solicitor General, “Her conduct may be reprehensible, but today we are considering whether a person should be stripped of liberty even for a day?”

Supreme Court further observed that she was on bail for 10 months and asked about the urgency in taking her into custody?

“Will the skies fall if interim protection granted… We are taken by surprise by what the High Court has done. What is the alarming urgency?” asked Supreme Court.

In the evening Supreme Court’s two-judge bench of Justices Abhay S Oka and Prashant Kumar Mishra differed on granting interim protection to her and referred the matter to Chief Justice of India to constitute a larger bench. (ANI)

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UCC Should Be Implemented For Hindu Religion First: Elangovan

By LokMarg 27th June 2023

Following Prime Minister Narendra Modi’s emphasis on having a Uniform Civil Code in the country, Dravida Munnetra Kazhagam (DMK) leader TKS Elangovan on Tuesday said that it should first be implemented for the Hindu religion.

“Uniform Civil Code should be first introduced in the Hindu religion. Every person including Scheduled Castes and Scheduled Tribes should be allowed to perform pooja in any temple in the country,” Elangovan said.
“We don’t want UCC only because the Constitution has given protection to every religion,” he said.

Earlier today, PM Modi said that the country cannot run on two laws and that Uniform Civil Code was part of the Constitution.

It is noteworthy that Part 4, Article 44 of the Indian Constitution, corresponds with Directive Principles of State Policy, making it mandatory for the State to provide its citizens with a uniform civil code (UCC) throughout the territory of India.

After flagging off five Vande Bharat Express trains on Tuesday morning, PM Modi addressed the Bharatiya Janata Party (BJP) booth workers in Bhopal.

“Will a family function if there are two different sets of rules for people? Then how will a country run? Our Constitution too guarantees equal rights to all people,” PM Modi said in Bhopal today while addressing party workers under the BJP’s “Mera Booth Sabse Majboot” campaign.

The Prime Minister further said that people are being instigated in the name of the Uniform Civil Code.

“The Muslim brothers and sisters of India have to understand which political parties are taking political advantage of them by provoking them. We are seeing that work is being done to incite such people in the name of UCC,” he further said.

He said that appeasement politics had left many people behind, including the Pasmanda Muslims.

“Pasmanda Muslims have become a victim of politics. Some people are using the politics of appeasement to break the country. The BJP cadre should go and explain this to the Muslims and educate them so that they do not fall victim to such politics”, PM Modi said.

“If they were supportive of Muslims the Muslim brothers would not be poor or deprived…Supreme Court has also asked for the implementation of the UCC. But these people are hungry only for vote bank,” Modi said accusing the Opposition in the country of employing vote-bank politics of appeasement. (ANI)

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Grave Injustice To Muslim Daughters: Modi On Triple Talaq

By LokMarg 27th June 2023

Prime Minister Narendra Modi on Tuesday hit out at Opposition parties for “vote bank politics” and their “policy of appeasement” and said that those who are supporting triple talaq are doing grave injustice to Muslim women.

Stating that advocating Triple Talaq is a “grave injustice” to Muslim women, PM Modi said that if it is a necessary tenet of Islam, then why Pakistan, Indonesia, and Bangladesh do not have it?
“Whoever talks in favour of Triple Talaq, whoever advocates it, those vote bank hungry people are doing a great injustice to Muslim daughters. Triple talaq doesn’t just do injustice to daughters. It is beyond this; the whole family get ruined. If it has been a necessary tenet of Islam, then why was it banned in countries like Qatar, Jordan, Indonesia, Pakistan and Bangladesh,” said PM Modi while addressing Bharatiya Janata Party booth workers in Madhya Pradesh’s Bhopal.

Making a strong pitch for uniform law, he said that the country cannot run on two laws and that Uniform Civil Code was part of the Constitution.

Notably, Part 4, Article 44 of the Indian Constitution, corresponds with Directive Principles of State Policy, making it mandatory for the State to provide its citizens with a uniform civil code (UCC) throughout the territory of India.

PM Modi, after flagging off five Vande Bharat Express trains on Tuesday morning, addressed the Bharatiya Janata Party (BJP) booth workers in Bhopal.

The Prime Minister further said that people are being instigated in the name of the Uniform Civil Code.

He said that appeasement politics had left many people behind, including the Pasmanda Muslims.

“If they were really supportive of Muslims the Muslim brothers would not be poor or deprived…Supreme Court has also asked for the implementation of the UCC. But these people are hungry only for vote bank,” Modi said accusing the Opposition in the country of employing vote-bank politics of appeasement. (ANI)

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SC Stays WB Govt Ban On ‘The Kerala Story’, Asks Makers To Add Disclaimer

By LokMarg 18th May 2023

The Supreme Court on Thursday stayed the ban imposed by the West Bengal government on the film ‘The Kerala Story’.

“Prohibition by West Bengal is not tenable. The order of the additional secretary of West Bengal shall remain stayed,” Chief Justice of India DY Chandrachud said.
The apex court also directed the makers of The Kerala Story to give a proper disclaimer regarding the unsubstantiated figure ‘32,000’ mentioned in the film.

Senior Adv Harish Salve, appearing for film producers, says that disclaimer -“there is no authentic data to back up the suggestion that the figure of conversions is 32,000 or any other established figure” and “the film represents the fictionalised version” of the issue- shall be added.

As for the alleged ‘shadow ban’ in Tamil Nadu, the SC said, “In TN, additional security can be provided for every cinema hall and requisite arrangements can be made for moviegoers who want to see the film. No steps shall be taken by TN or its officers or instrumentalities including police to prevent the screening of the film.” (ANI)

Gyanvapi: SC Agrees To Hear Tomorrow Plea of Muslim Side

By LokMarg 18th May 2023

The Supreme Court on Thursday agreed to hear on May 19 an appeal challenging the Allahabad High Court order which has directed a “scientific survey”, including carbon dating, of a “Shivling” said to have been found at the Gyanvapi mosque complex in Varanasi during a video graphics survey last year.

A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala said it would hear on Friday the appeal filed by Gyanvapi mosque management committee against the High Court’s recent order for scientific investigation by ASI to determine the age of “Shivling”.
Senior advocate Huzefa Ahmadi, appearing for the Gyanvapi mosque management committee, mentioned the matter for urgent hearing saying the Allahabad High Court has passed an order when the appeal is pending.

During the survey, a structure — claimed to be a “Shivling” by the Hindu side and a “fountain” by the Muslim side — was found in the mosque premises on May 16 last year during a court-mandated survey of the mosque located next to the Kashi Vishwanath temple.

The High Court on May 12 set aside the Varanasi District judge’s order which had rejected the application for a scientific survey and carbon dating of the “Shivling” on October 14, 2022.

The High Court directed the Varanasi District judge to proceed, in accordance with the law, on the application by the Hindu worshippers for conducting a scientific probe of the “Shivling”.

Petitioners Laxmi Devi and three others had filed a plea in the High Court, challenging the order lower court order. (ANI)

SC Verdict On Law Allowing Jallikattu On Thursday

By LokMarg 17th May 2023

The Supreme Court on Thursday will pronounce its judgement on a batch of petitions challenging Tamil Nadu and Maharashtra governments’ laws allowing the bull-taming sport ‘Jallikattu’ and bullock cart races.

A five-judge Constitution bench of Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar will pronounce the verdict.
The Tamil Nadu government had defended the event of ‘Jallikattu’ and told the apex court that sporting events can also be a cultural events and there is no cruelty on the bulls in ‘Jallikattu’.

“This is an incorrect notion that an activity, which is in nature of a sport or entertainment or amusement, cannot have a cultural value,” the state had said.

Countries like Peru, Columbia and Spain consider bullfighting a part of their cultural heritage, the Tamil Nadu government had argued, adding that bulls involved in ‘Jallikattu’ are maintained by farmers around the year.

Earlier, the apex court had asked the Tamil Nadu government whether an animal can be used in bull-taming sports like ‘Jallikattu’ for the entertainment of humans and how is the sport necessary for preserving the native breed of bulls.

Tamil Nadu government in its affidavit had stated that Jallikattu is “not merely an act of entertainment or amusement but an event with great historic, cultural and religious value.”

Jallikattu is conducted during the Pongal festival as thanksgiving for a good harvest and subsequent festivals are conducted in temples which shows that the event has great cultural and spiritual significance, it had added.

In February 2018, the Supreme Court referred to the Constitution bench whether the people of Tamil Nadu and Maharashtra can conserve Jallikattu and bullock-cart races as their cultural right and demand their protection under Article 29 (1) of the Constitution.

The top court had earlier said that the petitions challenging the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017, needed to be decided by a larger bench since they involved substantial questions relating to the interpretation of the Constitution.

It had said that a larger bench would decide whether states have the “legislative competence” to make such laws on grounds, including that Jallikattu and bullock cart racing fell under the cultural rights enshrined under Article 29(1) and can be protected constitutionally.

Tamil Nadu and Maharashtra had amended the central law, the Prevention of Cruelty to Animals Act, 1960, and allowed Jallikattu and bullock cart racing, respectively.

The petitions were filed in the top court challenging the state laws.

A batch of petitions, led by People for Ethical Treatment of Animals (PETA), sought direction to quash the ‘Jallikattu’ law passed by the Tamil Nadu Legislative Assembly, which brought bulls back into the fold of “performing animals”.

PETA had challenged the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Bill 2017 passed by the state assembly on several grounds, including that it circumvented the apex court verdict holding the bull-taming sport as “illegal” in the state.

The top court had earlier dismissed the Tamil Nadu government’s plea seeking a review of the 2014 judgement banning the use of bulls for Jallikattu events in the state and bullock cart races across the country. (ANI)