New Delhi Feb 25 PTI The Supreme Court Friday said it would hear on March 11 the CBIs plea against the Kerala High Court order granting anticipatory bail to four persons including a former Director-General of Police DGP in a case about the alleged framing of scientist Nambi Narayanan in the 1994 ISRO espionage caseThe high court had on August 13 last year granted anticipatory bail to former Gujarat DGP R B Sreekumar two former police officers of Kerala -- S Vijayan and Thampi S Durga and a retired intelligence official P S Jayaprakash -- in connection with the caseSreekumar was then the Deputy Director of the Intelligence BureauSolicitor General Tushar Mehta told a bench of Justices A M Khanwilkar and C T Ravikumar that he needed some time as the Additional Solicitor General ASG S V Raju assisting the court in the matter is in some personal difficulty and some documents are still awaitedI need some time Mr Raju ASG is assisting your lordships There is some personal difficulty on his part and otherwise also some documents are awaited Mehta told the benchHe requested the apex court to post the matter after two weeksThe bench said the matter would be heard on March 11The CBI had earlier told the apex court that a grant of anticipatory bail might derail the investigation in the caseThe CBI had said that it has found in its probe that some scientists were tortured and framed in the matter due to which development of the cryogenic engine was hit and this led to Indias space programme going back by almost one or two decadesThe investigating agency had earlier alleged that there was a clear indication that the accused were part of a team which had ulterior motives to torpedo the attempts of the ISRO for manufacturing the cryogenic engineWhile granting anticipatory bail to these accused persons the high court had said There is not even a scintilla of evidence regarding the petitioners being influenced by any foreign power so as to induce them to hatch a conspiracy to falsely implicate the scientists of the ISRO with the intention to stall the activities of the ISRO with regard to the development of the cryogenic engine It had said unless there are specific materials regarding their involvement prima facie it cannot be said that they were acting against the interests of the country The CBI has registered a case against 18 persons for various alleged offences including criminal conspiracy in connection with the arrest and detention of former ISRO scientist Nambi Narayanan in the espionage caseThe case which had hit the headlines in 1994 pertained to allegations of transfer of certain confidential documents on Indias space programme to foreign countries by two scientists and four others including two Maldivian womenNarayanan who was given a clean chit by the CBI had earlier said that the Kerala police had fabricated the case and the technology he was accused to have stolen and sold in the 1994 case did not even exist at that time The CBI in its probe had said that the then top police officials in Kerala were responsible for Narayanans illegal arrestThe apex court had on September 14 2018 appointed a three-member committee while directing the Kerala government to cough up Rs 50 lakh compensation for compelling Narayanan to undergo immense humiliationTerming the police action against the ex-scientist of the Indian Space Research Organisation ISRO as a psycho-pathological treatment the apex court had in September 2018 said that his liberty and dignity basic to his human rights were jeopardised as he was taken into custody and eventually despite all the glory of the past was compelled to face cynical abhorrence PTI ABA ABA RKS RKS

New Delhi Nov 19 PTI The recruitment process undertaken by a competent authority would be meaningless without a timeline the Supreme Court has said while setting aside the orders passed by the Allahabad High Court in a matter about the recruitment of police constables to the Provincial Armed Constabulary PAC in Uttar PradeshThe apex court allowed the appeal filed by the Uttar Pradesh government and others against the August 2019 order passed by a division bench of the high court which had upheld an order of the single judgeThe single judge had directed the authorities to permit the petitioner who was one of the candidates in the recruitment process to appear for document verification and physical fitness test for the post of constable in pursuance to the recruitment advertised in the year 2015 In any event though indulgence was shown in the earlier cases a line has to be drawn at some stage as otherwise the recruitment process undertaken by the competent authorities would be meaningless without a timeline and the next recruitment process will also get effected since the determination of the number of vacancies for the next process will keep fluctuating a bench comprising Justices D Y Chandrachud and A S Bopanna said The apex court noted in its judgement that the recruitment process had commenced in 2015 and document verification along with physical fitness test was held in 2018Several candidates who were permitted pursuant to the order of the high court had taken part in early January 2019 Since sufficient time has elapsed thereafter it would not be appropriate to make an exception in the case of the respondent at this stage as otherwise the trickle would continue the bench saidIt said the single judge as well as the division bench of the high court were not justified in their conclusionsThe bench noted in its verdict that the authorities had published an advertisement in 2015 to recruit police constables to the PAC Male by direct recruitmentOne of the candidates who had approached the high court had applied according to the advertisement and the admit card was issued to him and an initial fitness examination was also held The bench noted that to complete the selection process the documents were to be verified and the candidates were to be subjected to a physical fitness test which was to be made subsequently as the next stage of the recruitment processThe petitioner had moved the high court claiming that he was unable to appear for a physical fitness test and verification of documents for want of written communication from the concerned authoritiesThe authorities had said that the candidates who were required to appear for physical fitness test and document verification were intimated by issuing SMS over the mobile phone on the number which was furnished in the applicationThey said several other candidates who had received such SMS had appeared and taken part in the process of document verification and physical fitness testThe petitioner before the high court had alleged that he could not appear in the process as he was not intimated by the authorities through the post The petitioner had alleged that the authorities had not adhered to the requirement contemplated under the Uttar Pradesh Civil Police Constable and Head Constable Rules 2008 as per which a call letter was required to be issuedThe apex court noted that the single judge of the high court though did not record a finding of there being violation or non-compliance of any rule had concluded that there was inadvertence on part of the authorities since an applicant would not have deliberately not participated in the process of recruitmentThe authorities had thereafter approached the division bench which upheld the direction issued by the single judgeDuring the arguments before the top court the counsel appearing for the authorities had said that keeping in view a large number of applicants and the process to be completed the candidates were intimated by sending SMS to appear for document verification and physical fitness test The counsel appearing for the candidate had contended that the rules contemplated that intimation has to be sent through the post but no such intimation was issued to himThe apex court observed that in a given case the person may not reside at the same address which is furnished for communication when the application is made and it is for the candidate to intimate any change to the authoritiesThe bench said it is not the case of the candidate that he had not received the SMS and it is only a technical contention that he ought to have been intimated through postal communication PTI ABA ABA RKS RKS

New Delhi Oct 29 PTI Atrocities against the members of the Scheduled Castes and Scheduled Tribes are not a thing of the past and the statutory provisions enacted by Parliament as a measure of protecting their constitutional rights must be complied with and enforced conscientiously the Supreme Court said on FridayThe apex court observed while setting aside an order of the Rajasthan High Court which had granted bail to an accused in a murder case in which offences punishable under the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act 1989 were also addedA bench of Justices D Y Chandrachud and B V Nagarathna noted that there was an infraction of the provisions of the SCST Act in the matter and the high court had not issued notice to the complainant under the provisions of section 15A of the law while considering the bail pleaAtrocities against members of the Scheduled Castes and Scheduled Tribes are not a thing of the past They continue to be a reality in our society even today Hence the statutory provisions which have been enacted by Parliament as a measure of protecting the constitutional rights of persons belonging to the Scheduled Castes and Scheduled Tribes must be complied with and enforced conscientiously the bench said in its verdictSection 15A of the SCST Act deals with the rights of victims and witnesses and its sub-sections 3 and 5 specifically make the victim or their dependent an active stakeholder in the criminal proceedingsWhile sub-section 3 says that a victim or his dependent shall have the right to reasonable accurate and timely notice of any court proceeding including any bail proceeding under the Act sub-section 5 stipulates that a victim or his dependent shall be entitled to be heard at any proceeding under the law in respect of bail discharge release parole conviction or sentence of an accusedThere has been an evident breach of the statutory requirements embodied in sub-sections 3 and 5 of section 15A in the present case the bench said adding that section 15A of the Act contains important provisions that safeguard the rights of victims of caste-based atrocities and witnessesIt said the SCST Act has been enacted by Parliament to effectuate a salutary public purpose of achieving the fulfillment of constitutional rights of the Scheduled Castes and Scheduled TribesInvestigations in India are the exclusive domain of the police where victims are often relegated to the role of being a spectator in the criminal justice system Victims of crime often face significant hurdles during investigation and prosecution Scheduled Castes and Scheduled Tribes specifically suffer on account of procedural lapses in the criminal justice system They face insurmountable hurdles in accessing justice from the stage of filing the complaint to the conclusion of the trial the bench notedIt said due to the fear of retribution from members of upper caste groups ignorance or police apathy many victims do not register complaints in the first place and if they muster up the courage to approach the cops the police officials are reluctant to register complaints or do not record allegations accuratelyThe top court noted that many perpetrators of caste-based atrocities get away scot-free due to shoddy investigations and the negligence of prosecution and this results in low conviction rates under the SCST Act giving rise to the erroneous perception that cases registered are false and that it is being misusedIn the present case it is evident that the right to notice and to be heard were violated the bench said It noted that when the complainant had moved the high court for cancellation of bail the single judge took the view that compliance with the principles of natural justice at that particular stage would cure the deficiencyThere has been a clear infraction of the mandate of the statute it said adding Sub-sections 3 and 5 have been introduced by Parliament to ensure a right to be heard to the person against whom the offence is committed or to the dependents These provisions must be scrupulously observed It said sub-section 3 of section 15A of the Act provides that reasonable and timely notice must be issued to the victim or their dependent and this would entail that notice is served upon them at the first or earliest possible instanceIf the undue delay is caused in the issuance of the notice the victim or as the case may be their dependents would remain uninformed of the progress made in the case and it would prejudice their rights to effectively oppose the defense of the accused It would also ultimately delay the bail proceedings or the trial affecting the rights of the accused as well it notedThe bench said there was no reasoning in the order of the high court granting bail and such orders cannot pass musterThe duty to record reasons cannot be obviated by recording submissions followed by an omnibus in the facts and circumstances formula Brief reasons which indicate the basis for granting bail are essential for it is the reasons adduced by the court which indicate the basis of the order it saidThe top court while allowing the appeal filed by the man who had lodged a police report regarding the murder of his younger brother based on an FIR registered in 2018 said that the accused shall surrender on or before November 7 PTI ABA ABA RKS RKS

New Delhi Sep 28 PTI The Supreme Court Tuesday said it is not impossible for an experienced architect to find out during inspection that inadequacies in the condition of amenities like fire-fighting equipment and water softening plants in a building complex were due to due to lack of maintenance or incomplete commissioningThe apex court made the observation while dealing with a matter in which the residents welfare association of an apartment complex in Noida had filed a consumer complaint before the National Consumer Disputes Redressal Commission NCDRC raising several issues including that of water softening plants fire-fighting equipment and second swimming pool in the societyThe NCDRC in its January 2010 order had partly allowed the complaint filed by the RWA after which the builder and the association had approached the top courtA bench comprising justices Hemant Gupta and V Ramasubramanian noted in its judgement that while adjudicating the matter the NCDRC had appointed a local commissioner who was an architect to inspect the facilities regarding which the RWA had raised issues including water softening plants fire-fighting equipment and second swimming pool in the apartment complex The top court noted that the local commissioner had submitted a report after making an inspection in the presence of the representatives of both the parties and the NCDRC had accepted the report and allowed the complaint partlyIt said that the local commissioner had examined the facilities and found several things including that equipment for the water softening plant was incomplete and fire-fighting equipment was not in operation due to incomplete commissioning of the system as a wholeIn the light of the aforesaid findings by an independent architect appointed by the National Commission it is not open to the opposite party builder to create a facade as though all essential services and amenities were handed over in a fully functional state the bench saidThe court observed that if all the services had been handed over in a fully functional state the builder should have taken an acknowledgment in writing from the RWAIt is not impossible for an experienced architect to find out whether the condition in which the aforesaid amenities and services were found on the date of the inspection was entirely due to lack of maintenance or due to noncommissioning or incomplete commissioning it saidThe bench noted that as per the operative portion of the NCDRC order the builder is obliged to make the facilities including fire safety equipment and water softening plant fully operational and is also obliged to obtain a certificate of completion from an independent architectIt said as per the order if the builder fails to do so within the time stipulated by the NCDRC it was obliged to pay the cost as estimated by the commissioner in his July 2008 report which comes to around Rs 116 croreThe top court noted that when it had issued a notice in the matter in 2010 it had stayed the operation of the NCDRC order on the condition that the builder would deposit Rs 60 lakh which was deposited and the amount was invested in a fixed deposit which is renewed from time to time by the court orderIn view of the fact that the possession of the common amenities was handed over by the opposite party builder to the complainant association 18 years ago under the agreement dated November 15 2003 it may not be possible at this distance of time to compel the opposite party to make those facilitiessystemsfully operational now it saidThe bench noted that the estimate is around Rs 116 crores including the cost of fire-fighting equipment which comes to around Rs 83 lakhsTherefore taking into account the overall picture we are of the considered view that interests of justice will be met if the order of the National Commission is modified in such a manner i that the complainant association shall receive in the full and final settlement the deposit now lying in the Registry of this court towards adequate compensation for the reliefs that they are held entitled to by the National Commission the bench saidIt directed the builder to remove all building material stored in the clubhouse in the basement of a tower there and hand over possession of the clubhouse to the RWAThe bench dismissed the separate plea filed by the RWA against the NCDRC order which had refused to grant certain reliefs sought by the associationThe apartment complex had around 282 apartments and the completion certificate was issued in December 2001The RWA was registered in 2003 and the association had entered into an agreement in November 2003 with the builder for taking over the maintenance of the apartment complex Thereafter the RWA had filed a consumer complaint before the NCDRC which was opposed by the builder on merits as well as on the ground of limitationBoth the builder as well as the RWA had approached the apex court against the order passed by the apex consumer commission PTI ABA ABA RKS RKS

New Delhi Aug 23 PTI The Supreme Court Monday said that demolition of all unauthorised structures standing on Aravali forest land in Faridabads Khori village has to continue even as the municipal corporation informed it that some farmhouses have already been razed thereThe apex court while hearing an application filed by owners of some marriage halls which have received notices from the civic body said that Faridabad Municipal Corporation has to proceed and demolish the unauthorised structures as per lawA bench comprising Justices A M Khanwilkar and Dinesh Maheshwari said that as per previous order of the apex court the intervenors are supposed to make representation to the concerned authority which will consider themLet the corporation decide on your representation and after that is decided we will consider what course of action can be adopted Today all unauthorised structures are being demolished and that has to continue the bench told the counsel appearing for the owners of some marriage hallsThe counsel appearing for the municipal corporation told the bench that they have filed a compliance report in the matter on Monday and as far as representation is concerned there is already a direction by the court and the authority will consider it in accordance with lawWe have already demolished few farm houses the lawyer appearing for the civic body saidWhen the bench said it would hear the matter after two weeks the counsel appearing for marriage hall owners submitted that in the meantime the authority should not demolish their structures while they consider their representationThe bench told the counsel that they can make representations and the authority will consider itIf it is unauthorised it has to be demolished as per the present law and legal position The corporation has to proceed Let them proceed the bench observed and posted the matter for hearing on September 6The apex court had on August 3 said that all unauthorized structures on Aravali forest land in Khori village will have to go as its order passed in the matter regarding demolition of such buildings was very clearOn July 23 the top court had granted four more weeks to the municipal corporation to remove encroachments on the Aravali forest land after the civic body had said that unauthorised structures on nearly half of the total 150 acre area has been clearedThe bench was last month informed that the municipal corporation has undertaken a planned drive to remove unauthorised constructions and so far 74 acres out of 150 acres was cleared and back in the possession of the civic bodyOn June 7 the top court had directed state of Haryana and Faridabad municipal corporation to remove all encroachments consisting around 10000 residential constructions in Aravali forest area near the village saying land grabbers cannot take refuge of rule of law and talk of fairnessIt had passed the June 7 order after hearing a separate plea filed by five alleged encroachers against the demolition drive of civic body PTI ABA ABA RKS RKS