Aadhaar Act should be amended, says SC judge Abhay Oka \
3 min read
\
\

Aadhaar Act should be amended, says SC judge Abhay Oka

20-Nov-2022
Supreme Court Judge Justice Abhay Oka on Saturday addressed a seminar organised by Telecom Dispute Statement Appellate Tribunal (TDSAT) in Pune and said that the Aadhar Act should be amended and remedies should be given to those who are deprived of the Aadhar card
20-Nov-2022 National
\
“All judges are on the same page”: CJI Lalit refutes rift among judges \
5 min read
\
\

“All judges are on the same page”: CJI Lalit refutes rift among judges

15-Sep-2022
New Delhi [India], September 15 (ANI): Chief Justice of India (CJI) UU Lalit refuted any rift among judges of the Supreme Court in relation to the new listing system of cases on Thursday, and said that "all judges are on the same page".
15-Sep-2022 National
\
SC closes contempt cases pertaining to Babri mosque demolition \
1 min read
\
\

SC closes contempt cases pertaining to Babri mosque demolition

30-Aug-2022
New Delhi [India], August 30 (ANI): The Supreme Court on Tuesday closed contempt petitions filed against some BJP leaders, the Uttar Pradesh government, and its officials arising out of the demolition of Babri Masjid in Ayodhya.
30-Aug-2022 National
\
SC issues notice to husband on petition filed by Muslim woman challenging Talaq-e-Hasan \
4 min read
\
\

SC issues notice to husband on petition filed by Muslim woman challenging Talaq-e-Hasan

29-Aug-2022
New Delhi [India], August 29 (ANI): The Supreme Court on Monday issued notice to husbands in two separate pleas filed by two different Muslim women challenging Talaq-e-Hasan.
29-Aug-2022 National
\
SC grants pre-arrest bail to Dalit man, accused of abducting wife \
6 min read
\
\

SC grants pre-arrest bail to Dalit man, accused of abducting wife

27-Aug-2022
New Delhi [India] August 27 (ANI): The Supreme Court on Saturday quashed a non-bailable warrant and granted pre-arrest bail to a Dalit man who married an upper-caste woman and is facing a case of abducting her.
27-Aug-2022 National
\
SC grants interim protection from arrest to 7 Myanmarese citizens who entered India illegally \
3 min read
\
\

SC grants interim protection from arrest to 7 Myanmarese citizens who entered India illegally

09-May-2022
New Delhi [India], May 9 (ANI): In an interim relief, the Supreme Court on Monday directed the Delhi Police not to arrest or conduct further enquiry until further orders with the seven Myanmarese citizens, who entered India illegally, to travel to New Delhi to seek protection from the United Nations High Commissioner for Refugees (UNHCR).
09-May-2022 National
\
SC expresses displeasure at Delhi police stand in hate speech case says file better affidavit \
6 min read
\
\

SC expresses displeasure at Delhi police stand in hate speech case says file better affidavit

22-Apr-2022
New Delhi Apr 22 PTI The Supreme Court on Friday expressed its displeasure over a Delhi Police affidavit which said no hate speech was made during an event held here by a right-wing outfit and wondered whether the officer who filed the document had applied his mind or merely reproduced the inquiry report Posing searching questions the court also directed the police to file a better affidavit after which Additional Solicitor General ASG K M Nataraj appearing for the Delhi Police said they will have a re-look of the matter and file a fresh affidavit The Delhi Police had told the top court that no specific words against any community were uttered at the event organised by the Hindu Yuva Vahini on December 19 last The affidavit has been filed by the Deputy Commissioner of Police We hope he has understood the nuances Has he merely reproduced the inquiry report or applied his mind Is it your stand as well or the reproduction of inquiry report of sub-inspector level officer a bench of Justices A M Khanwilkar and Abhay S Oka asked The bench questioned can such a stand be taken on an affidavit before the court and wanted to know who verified the affidavit and if Delhi Police was accepting it as a correct finding The ASG seeks time to get instructions from authorities to file a better affidavit Two weeks time prayed for List this matter on May 9 Better affidavit be filed on or before May 4 it said The top court was hearing a petition filed by journalist Qurban Ali and former Patna High Court judge and senior advocate Anjana Prakash who has also sought a direction for an independent credible and impartial investigation by an SIT into incidents of hate speeches against the Muslim community As the hearing commenced senior advocate Kapil Sibal appearing for the petitioners drew the attention of the bench towards extracts of the speech and the enquiry report of the Sub Inspector PS Okhla Industrial Area The counter affidavit of the Delhi Police says an inquiry has been conducted and that the persons had gathered to save ethics of their community In the speech in question they say We are ready to kill And the Delhi Police says it is to save the ethics of the community Your Lordships may fix it for hearing and decide what constitutionally the ethics are Sibal said The court then asked the ASG if any senior officer has verified the affidavit Some superior officer has seen it Who has verified it Has there been an application of mind as to if this stand can be taken on affidavit before the court This affidavit is filed by the deputy commissioner of police He accepts this position Is this his understanding or only a reproduction of IOs report We want to understand from you the affidavit filed before this court by the deputy commissioner of police a senior officer it said The apex court then asked the ASG if the Delhi Police was accepting it as a correct finding This is the reproduction of the inquiry report prepared by a sub-inspector level officer or is it your stand If it is so then we have to ask the Commissioner of Police to look into it if this is your stand also In a counter-affidavit filed in the apex court the Delhi Police had said the petitioners had not approached them for taking any action in connection with the alleged incident and have directly moved the top court and such a practice must be deprecated It said that on the same subject matter some complaints were lodged alleging that a hate speech was made at an event organised here by the Hindu Yuva Vahini on December 19 last year and all those complaints were consolidated and an inquiry was initiated After a deep enquiry was conducted and the contents of the video were evaluated the police did not find any substance in the video as per the allegation levelled by the complainants the affidavit added It said the police after carrying out a preliminary inquiry on the complaints and after examining the video link and attached video in respect of the alleged hate speech delivered at Delhi found that no such words as mentioned by the complainant in his complaint have been used The affidavit further said no hate was expressed in the event at Delhi against any group community ethnicity religion or faith and that the speech was about empowering ones religion to prepare itself to face the evils which could endanger its existence which is not even remotely connected to a call for genocide of any particular religionPTI PKS RKS GSN GSN GSN
22-Apr-2022 National
\
Hate speech SC directs Delhi police to file better affidavitHate speech SC directs Delhi police to file better affidavit \
2 min read
\
\

Hate speech SC directs Delhi police to file better affidavitHate speech SC directs Delhi police to file better affidavit

22-Apr-2022
New Delhi Apr 22 PTI The Supreme Court on Friday expressed its displeasure over a Delhi Police affidavit filed in connection with alleged hate speeches made during an event held here and directed it to file a better affidavitDelhi Police had told the top court that no specific words against any community were uttered at an event organised here by the Hindu Yuva Vahini on December 19 last yearA bench of Justices A M Khanwilkar and Abhay S Oka gave two weeks to the Additional Solicitor General K M Natraj to seek instructions and file a better affidavit by May 4The affidavit has been filed by Deputy Commissioner of Police We hope he has understood the nuances Has he merely reproduced the inquiry report or applied mind Is it your stand as well or the reproduction of inquiry report of sub inspector level officer the bench askedThe ASG seeks time to get instructions from authorities to file a better affidavit Two weeks time prayed for List this matter on May 9 Better affidavit be filed on or before May 4 it saidThe top court washearing a petition filed by journalist Qurban Ali and former Patna High Court judge and senior advocate Anjana Prakash who have also sought a direction for an independent credible and impartial investigation by an SIT into incidents of hate speeches against the Muslim community PTI PKS MIN MIN
22-Apr-2022 National
\
Constitutional courts cant assume role of appellate authority in cases of disciplinary inquiries SC \
3 min read
\
\

Constitutional courts cant assume role of appellate authority in cases of disciplinary inquiries SC

18-Feb-2022
New Delhi Feb 18 PTI Constitutional courts cannot assume the role of an appellate authority in exercising judicial review powers in matters related to disciplinary inquiry and have to see that legal or procedural errors do not lead to manifest injustice the Supreme Court said on Friday The apex court made this crucial observation in a verdict by which it quashed the 2021 judgment of the Allahabad High Court setting aside the disciplinary proceedings and consequential punishment inflicted upon an employee of the UCO Bank So far as the scope of judicial review in the matters of disciplinary inquiry is concernedthe Constitutional courts while exercising their power of judicial review under Articles 226 or 227 of the Constitution would not assume the role of the appellate authority where jurisdiction is circumscribed by limits of correcting errors of law or procedural errors leading to manifest injustice or violation of principles of natural justice At the same time the power of judicial review is not analogous to adjudication of the case on merits as an appellate authority said a bench of Justices Ajay Rastogi and Abhay S Oka Writing the judgement Justice Rastogi allowed the appeal of the UCO Bank against the high court verdict The apex court said it was not the case of Krishna Kumar Bhaardwaj against whom the disciplinary proceedings were initiated even before the high court that the departmental inquiry was not conducted in accordance with the procedure prescribed under the Regulations It said there was no violation of any provision of Regulations or denial of fair opportunity of hearing to the employee in the course of inquiry or there was violation of the principles of natural justice In our considered view the premises on which the high court has proceeded even in reference to charge no 1 is unsustainable and deserves to be set aside Consequently the appeal succeeds and is allowed The judgment of the Division Benchis accordingly set aside it said It was alleged that the employee was the officiating Manager and posted at Taharpur Bhabisa Muzaffarnagar and had committed gross irregularities in discharge of his duties He was found guilty by the inquiry officer The appellate authority upheld the findings but awarded a lesser penalty such as lowering of the pay scale However the high court set aside the findings of the authorities below during the departmental proceedings PTI SJK SA
18-Feb-2022 National
\
Food adulteration Accused has right to send sample to Central Food Laboratory for analysis \
3 min read
\
\

Food adulteration Accused has right to send sample to Central Food Laboratory for analysis

30-Oct-2021
New Delhi Oct 30 PTI The Supreme Court has set aside sentence and conviction of a shopkeeper for food adulteration saying the accused has the right to send the sample to the Central Food Laboratory for analysisA bench of Justices Ajay Rastogi and Abhay S Oka said it is mandatory under section 13 of the Prevention of Food Adulteration Act 1954 for the LocalHealth Authority to forward a copy of the report of the Public Analyst to the person from whom the sample of the food has been takenThe apex court said mandate of sub-section 2 of Section 13 is that a person to whom the report is forwarded should be informed that if it is so desired he can make an application to the court within a period of 10 days from the date of receipt of the copy of the report to get the sample analysed by the Central Food LaboratoryThe report is required to be forwarded after institution of prosecution against the person from whom the sample of the article of food was takenApart from the right of the accused to contend that the report is not correct he has the right to exercise an option of sending the sample to the Central Food Laboratory for analysis by making an application to the court within 10 days from the date of receipt of the report the bench saidThe apex court said if a copy of the report of the Public Analyst is not delivered to the accused his right under sub-section 2 of Section 13 of praying for sending the sample to the Central Food Laboratory will be defeatedConsequently his right to challenge the report will be defeated His right to defend himself will be adversely affected the bench saidThe apex court was hearing an appeal filed by Narayana Prasad Sahu challenging the order of the Madhya Pradesh high court which dismissed his revision applicationThe case of the prosecution is that on January 16 2002 Sahu was selling chana daal in weekly market in Kagpur when a food Inspector came there and called upon him to show licence which he failedThe food Inspector purchased 750 g of chana daal from him and the said quantity was divided into three parts and was sent for examination to the public analyst The report of the public analyst showed that the chana daal was adulterated The judicial magistrate ordered his conviction and he was sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs 1000 In an appeal preferred by the appellant the Sessions Court confirmed the conviction and sentenceSahu filed a revision application before the high court which was dismissed in 2018 PTI PKS KJ
30-Oct-2021 National
\