SC to hear case relating to sexual harassment against judges on Nov 15 \
2 min read
\
\

SC to hear case relating to sexual harassment against judges on Nov 15

31-Aug-2022
New Delhi [India], August 31 (ANI): The Supreme Court has directed its Secretary-General to respond in a case relating to the enquiry mechanism into sexual harassment cases against sitting and retired judges.
31-Aug-2022 National
\
Just because order is not to someones liking does not mean it is without reason SC \
3 min read
\
\

Just because order is not to someones liking does not mean it is without reason SC

28-Mar-2022
New Delhi Mar 28 PTI Every order is passed for some reason and just because it is not to someones liking does not mean that it is without reason the Supreme Court said on MondayThe apex court observed this after a petitioner requested a bench of Justices A M Khanwilkar and A S Oka that his plea be heard by some other bench as speaking orders were not passed on his previous petitionThe bench told the petitioner who was appearing in person that perhaps he is under a mistaken beliefJust because it is not to your liking it does not mean it is without reason Every order is passed for some reason the bench observedThe top court rejected the petitioners suggestion that his plea be heard by some other bench saying no tangible reason is forthcoming as to why this prayer should be acceded toThe bench was hearing a petition seeking initiation of criminal contempt action against some respondents for allegedly not complying with the previous order of the apex courtAs regard merits the thrust of the prayers in the writ petition is essentially to initiate contempt action against the respondents After having gone through the petition we find no reason to entertain this petition the bench saidAt the outset the petitioner requested the bench that his plea be heard by some other bench The only reason is this None of the orders are speaking orders I am not desirous of my favourable order I am only desirous of speaking orders he said adding that he had earlier also filed petitions on which orders were passedHe said reasons were not mentioned in those ordersJust to demonstrate what you are saying is wrong The judgement runs into 20 pages Now you say it is without reasons the bench said while referring to one of the ordersWe dont think there is anything in this petition that we need to take forward the bench observedIt noted that grievance of the petitioner is that in the past his pleas have been dismissed without giving reasonsFinding no reason to entertain this petition as aforesaid is in fact an expression of opinion that the petition is devoid of merits and does not deserve to be taken forward Hence dismissed the apex court said PTI ABA SA
28-Mar-2022 National
\
SC grants bail to 90-year-old man serving jail term for culpable homicide \
2 min read
\
\

SC grants bail to 90-year-old man serving jail term for culpable homicide

21-Mar-2022
New Delhi Mar 21 PTI The Supreme Court Monday granted bail to a 90-year-old man serving a jail term for culpable homicide not amounting to murder considering his health condition owing to age The apex court also noted that the man has already undergone three years of the sentence As regards the applicant-appellant number one Achchey Lal it is noticed that he is over 90 years and already undergone 3 three years of sentence period a bench of Justices A M Khanwilkar and A S Oka said Considering his health condition owing to age coupled with the fact that he was on bail during the pendency of appeal before the high court without any adverse remark or report against him including his satisfactory conduct while in jail in the interest of justice it is ordered that during the pendency of the appeal applicant-appellant number one be released on bail to the satisfaction of the trial court the bench said The top court is hearing the appeal filed by the man against the April 2020 verdict of the Allahabad High Court which had converted the conviction of two accused including Lal from the alleged offence of murder under the Indian Penal Code to that of culpable homicide not amounting to murder The high court had reduced their sentence from life imprisonment to 12 years Meanwhile the apex court dismissed the bail application filed by the another appellant who has also challenged the high court verdict convicting him in the case The case relates to the killing of two people in March 1996 in Uttar Pradesh following an altercation over grazing of cattle in the field A trial court had convicted six people in the case Later the high court had acquitted four of them PTI ABA SMN
21-Mar-2022 National
\
SC directs authorities in Faridabad to extend cooperation to Railways for removal of encroachment \
3 min read
\
\

SC directs authorities in Faridabad to extend cooperation to Railways for removal of encroachment

21-Mar-2022
New Delhi Mar 21 PTI The Supreme Court Monday directed the commissioner of Faridabad municipal corporation and other authorities to ensure that full cooperation is extended to the Railways in executing the order passed for removal of encroachment from the Railways propertyThe apex court passed the order after the Railways said that in Faridabad area there is encroachment by around 600 people and though they have passed orders of eviction under the Public Premises Eviction of Unauthorised Occupants Act the local administration is not cooperatingWe direct the Commissioner of Faridabad municipal corporation superintendent of police and the district collector to ensure that full cooperation is extended to the officers of Railways wanting to execute the orders passed for removal of the unauthorised structures at the earliest a bench of Justices A M Khanwilkar and A S Oka saidAdditional Solicitor General K M Nataraj appearing for the Railways told the bench that formal orders under the Public Premises Eviction of Unauthorised Occupants Act have been passed in respect of encroachment on the Railways property but its execution is being delayed because of the non-cooperation by the local authoritiesIn Faridabad area there is an encroachment by about 600 people We have passed orders of eviction However the local administration is not cooperating Without the cooperation of the local administration we are unable to execute it Nataraj told the benchThe ASG said the local administration has to cooperate by appointing duty magistrates and police assistance have to be given for execution of the orderHe said orders under the Public Premises Eviction of Unauthorised Occupants Act have been passed and the issue is about its executionThe bench noted that as per the Railways the execution is being delayed because of the non-cooperation by the local authorities namely the corporation district administration and policeThe apex court which posted the matter for hearing on April 11 said copy of its order be forwarded to the commissioner of the municipal corporation district collector and superintendent of police of Faridabad for information and necessary action forthwithThe apex court is hearing two separate petitions which have raised issues related to removal of encroachment from Railway land in Gujarat and HaryanaThe plea filed in the Haryana matter relates to the demolition of jhuggis near the Railway tracks at FaridabadDuring the hearing on Monday the ASG told the bench that he has filed a status report in which details regarding progress of clearing encroachment from Railways property and steps taken in cases which are pending in different courts have been givenWe would like to see that report said the bench while asking its registry to circulate the status report along with the paper book on the next date of hearing PTI ABA SA
21-Mar-2022 National
\
SC grants bail to students arrested under UAPA in Kerala over Maoist links \
5 min read
\
\

SC grants bail to students arrested under UAPA in Kerala over Maoist links

28-Oct-2021
New Delhi Oct 28 PTI The Supreme Court on Thursday granted bail to two students arrested by the National Investigation Agency NIA under the Unlawful Activities Prevention Act UAPA for their alleged Maoist links saying mere association with a terrorist organisation is not sufficient to attract the stringent provisions under the ActObserving that the accused might have been fascinated by CPI Maoist at a formative young age abench comprising justices Ajay Rastogi and A S Oka granted relief to Thwaha Fasal and Allan Shuaib who were apprehended on November 1 2019Mere association with a terrorist organisation is not sufficient to attract Section 38 Offence Relating to Membership of a Terrorist Organisation and mere support given to a terrorist organisation is not sufficient to attract Section 39 Offence Relating to Support Given to a Terrorist Organisation The association and the support have to be with intention of furthering the activities of a terrorist organisation the bench saidThe apex court said that in a given case such intention can be inferred from the overt acts or acts of active participation of the accused in the activities of a terrorist organisation which are borne out from the materials forming a part of the charge sheetAt a formative young age the accused might have been fascinated by what is propagated by CPI Maoist Therefore they may be in possession of various documentsbooks concerning CPI Maoist in soft or hard form the bench saidThe apex court said that apart from the allegation that certain photographs showing that the accused participated in a protestgathering organised by an organisation allegedly linked with CPI Maoist prima facie there is no material in the charge sheet to project active participation of both the accused in the activities of CPI MaoistAn allegation is made that they were found in the company of the accused no3 C P Usman on November 30 2019 That itself may not be sufficient to infer the presence of intention But that is not sufficient at this stage to draw an inference of the presence of intention on their part which is an ingredient of Sections 38 and 39 of the 1967 ActApart from the fact that overt acts on their part for showing the presence of the required intention or state of mind are not borne out from the charge sheet prima facie their constant association or support of the organization for a long period of time is not borne out from the charge sheet the bench saidThe top court directed that Fasal be produced before the Special Court within a maximum period of one week from today to enable him to complete the bail formalities by furnishing the fresh bondsWe also make it clear that all the conditions imposed by the Special Court are restored it saidThe apex court clarified that the observations and findings recorded in this 46-page-judgement are only for the limited purposes of considering the applications for bail made by the two accused The Special Court shall not be influenced by the said observations and findings while applying its mind to the question of framing charge as the considerations for framing charge are different The Special Court will not be influenced by the observations made in this Judgment during the trial of the case it saidThe apex court also dismissed the appeal filed by the Union of India challenging the Kerala High Court judgement affirming the trial courts order granting bail to law student Shuaib in a UAPA case registered over an alleged Maoist link The division bench of the high court had refused to cancel the bail of Shuaib the second accused considering his young age and healthFasal and Shuaib who are students of Journalism and Law respectively and CPIMs branch committee members were arrested on November 2 2019 from Kozhikode causing widespread criticism in the Left-ruled stateThe police had allegedly seized objectionable printed and written materials from them which include violent exhortations for civil war in tune with Maoist ideologyThe CPIM in Kerala had expelled them from the party following their alleged link with Maoists PTI PKS RKS RKS
28-Oct-2021 National
\