The World Opinion

Tag: Supreme Court

  • Supreme Court Rejects Plea Seeking Declaration Of Non-Consensual Unnatural Sex A Offence Under BNS |

    NEW DELHI: The Supreme Court on Monday refused to entertain a plea filed against the exclusion of the penal provisions for the offences of unnatural sex and sodomy from the Bharatiya Nyay Sanhita (BNS), which replaced the Indian Penal Code (IPC). A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said the issue falls within parliamentary domain and it cannot pass any direction in the matter.

    “We can’t compel the Parliament to introduce laws. We can’t create an offence…This court under Article 142 cannot direct that a particular act constitutes an offence. Such exercise falls under parliamentary domain,” the bench said as it allowed the petitioner to approach the government with a representation on the issue.

    Section 377 of the IPC punished non-consensual “unnatural sex” between two adults, sexual activities against minors, and bestiality. On September 6, 2018, the Supreme Court, however, decriminalised same-sex relationships between two consenting adults.

    The BNS, which replaced the IPC, came into force from July 1, 2024. The court was hearing a plea filed by one Pooja Sharma seeking to address the “exigent legal lacuna” resulting from the enactment of the BNS.

    “The act of omission on the part of respondent (authorities) leaves the victims of non-consensual unnatural sex in dearth of any legal remedy, which would commensurate with the gravity of offence as were earlier defined under Section 377 of the IPC,” said the plea.

    In August, 2024, the Delhi High Court had asked the Centre to make its stand clear on the exclusion of penal provisions for the offences of unnatural sex and sodomy from the recently-introduced BNS, replacing the IPC, and said the legislature needs to take care of the issue of non-consensual unnatural sex.

  • Tirupati Prasadam Row: Supreme Court Orders Independent SIT Probe Under CBI Supervision |

    Amid the escalating row over the Tirupati Prasadam row, the Supreme Court on Friday ordered an independent SIT probe under the supervision of the CBI Director into the controversy. There are allegations that animal fat was used for preparing Tirupati laddus. The allegations first came from the ruling Telugu Desham Party (TDP). The Bench, which also includes Justice KV Viswanathan, emphasized that it has not delved into the allegations or counter-allegations, stating that it will not permit the Supreme Court to become a political battleground.

    A Bench headed by Justice BR Gavai said that the new SIT should comprise two Central Bureau of Investigation (CBI) officers, two officers from Andhra Pradesh Police and a senior official of the Food Safety and Standards Authority of India (FSSAI).

    The Supreme Court emphasized that its order should not be interpreted as casting doubt on the independence or fairness of the members of the Special Investigation Team (SIT) established by the Andhra Pradesh Police. “We do not want this to turn into a political drama because the sentiments of crores of people across the world are involved. Therefore, if there is an independent body, everybody will have confidence,” it said.

    Meanwhile, the Andhra Pradesh Police have temporarily stalled the SIT probe ordered by the state government into the alleged adulteration of Tirupati laddus after the matter came under the top court’s scanner.

    During the initial hearing on Monday, the Supreme Court noted that there was, at first glance, no evidence to suggest that animal fat had been used in the preparation of Tirupati laddus during the previous YSRCP government in Andhra Pradesh.

    It said Andhra Pradesh Chief Minister N. Chandrababu Naidu should have ‘kept the gods away from politics’ before rushing in to make public statements based on unsure facts that lard was used to prepare the laddus under the previous regime.

  • Tirupati Laddoo Row: SC To Hear Pleas Of Subramanian Swamy, Ex-TTD Chief Seeking Probe On September 30 |

    Tirupati Laddoo Row: The Supreme Court is set to hear petitions seeking an investigation into the alleged use of animal fat in the preparation of laddoos ‘prasadam’ in Tirupati on Monday. 

    The petitions have been filed by Bharatiya Jaata Party (BJP) leader Subramanian Swamy and former Tirumala Tirupati Devasthanams (TTD) chairman YV Subba Reddy, who is a Rajya Sabha MP.

    Last week, a row erupted after Andhra Pradesh Chief Minister Chandrababu Naidu claimed that animal fat was used to make laddoos given as ‘prasad’ by the Sri Venkateswara Temple in Tirupati under the previous YSR Congress government led by Jagan Mohan Reddy.

    Both Swamy and YV Subba Reddy have urged for a court-monitored probe into the allegations, and their petitions will be heard by a bench of Justices BR Gavai and KV Viswanathan, according to media reports.

    The BJP leader, in his public interest litigation (PIL) filed earlier this week, requested the Supreme Court to direct the Andhra Pradesh government to file a detailed report on the ghee used for making the laddoos. He also sought a detailed forensic report in the matter.

    Citing a lab report, the state government had claimed that the ghee used in the laddoos contained traces of beef tallow, fish oil, and lard (pig fat). 

    “There ought to have been checks and balances internally to supervise and verify and check the quality, or the lack of it, of the suppliers supplying various ingredients to the temple that go into the making of the prasad,” the petition said. 

    Meanwhile, a PIL was also filed by YV Subba Reddy seeking an independent Special Investigation Team (SIT) monitored by a retired judge of the apex court to probe the allegations levelled by Naidu’s. 

    Amid the controversy over Tirpati laddoos, Reddy has been going all out to defend his party against the Andhra Pradesh Chief Minister’s claims. He has been reiterating that no adulterated ghee was used in the process of making laddoos.

    Meanwhile, Chandrababu Naidu on Friday slammed Jagan Mohan Reddy and accused him of “spreading false information.” This comes after Reddy claimed that the TDP government obstructed his visit to Tirumala.

  • Supreme Court Stops Punjab’s NRI Quota Expansion, Says ‘Fraud Must End’ |

    New Delhi: The Supreme Court on Tuesday upheld a high court order that quashed the Punjab government’s decision to widen the ambit of ‘NRI quota’ in undergraduate medical admissions to include distant relatives, observing this quota expansion was a “complete fraud” which must be put to an end. 

    “This is nothing but a money spinning machine,” observed a bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra while dismissing the state government’s appeal against the verdict of the Punjab and Haryana High Court. 

    On September 10, the high court had set aside the AAP-led government’s August 20 notification that expanded the NRI seat category to include distant relatives of candidates “such as uncles, aunts, grandparents, and cousins” for admissions under the 15 per cent NRI quota to medical and dental courses in state government colleges. 

    “We will dismiss all the petitions. This NRI business is nothing but a fraud. We will put an end to all this…. now the so called precedents must give way to primacy of law,” the bench said. 

    The top court said distant relatives of a ‘mama, tai, taya,’ who are settled abroad, will get admissions ahead of meritorious candidates and this cannot be allowed. 

    “This is completely a fraud. And this is what we are doing with our education system!…We will affirm the high court judgement. We must stop this NRI quota business now. The judges know what they are dealing with. The high court has dealt with the case threadbare,” the CJI said. 

    “Let us put a lid on this…what is this ward? You just have to say that I am looking after X … We cannot lend our authority to something which is blatantly illegal.” 

    Terming the high court verdict “absolutely right,” the top court said, “Look at the deleterious consequences… the candidates who have three times higher marks will lose admission (in NEET-UG courses).” 

    Senior advocate Shadan Farasat, appearing for the Punjab government, said other states like Himachal Pradesh, Uttar Pradesh also followed the broader interpretation of the term ‘NRI quota.’ 

    Moreover, the states have the power to decide as to how 15 per cent NRI quota within the 85 per cent quota for the states has to be granted. 

    A total of 85 per cent NEET-UG seats in medical colleges are filled up by the states in medical colleges under their jurisdiction, the counsel, who was in favour of the NRI quota, told the bench. 

    A division bench of the high court had come out with an elaborate judgement setting aside the state government decision to broaden the ambit of NRI quota for admissions in medical colleges in Punjab. 

    The high court took note of the submissions that the decision to widen the ambit of NRI quota was taken to divert the seats which would have otherwise come to the general category applicants. 

    “Imparting education is not an economic activity but a welfare-oriented endeavour as the ultimate aim is to achieve an egalitarian and prosperous society in order to bring about social transformation and upliftment of the nation. 

    “Doctrine of merit and fairness cannot be sacrificed only because the students falling in the expanded definition of Non-Resident Indian (NRI) possess financial muscle,” the high court had said. 

    “Capitation fee has totally been prohibited. If the admissions in the expanded NRI category to include non-genuine NRIs are permitted; the prohibition made on charge of capitation fee would serve no higher purpose, as the State/private colleges would be at liberty to reap the benefits by amending the provisions according to their whims, which means accepting it by disguising the process,” according to the high court. 

    The expansion of ‘NRI’ definition through the state government corrigendum is “unjustified for several reasons,” the high court said. 

    “Initially, the ‘NRI Quota’ was intended to benefit genuine NRIs and their children, allowing them to access education opportunities in India. By broadening the definition to include distant relatives such as uncles, aunts, grandparents, and cousins, the core objective of NRI quota is undermined. 

    “This widening opens the door for potential misuse, allowing individuals who do not fall within the original intent of the policy to take advantage of these seats, potentially bypassing more deserving candidates,” it said.

  • Supreme Court Of India’s YouTube Channel Likely Hacked |

    The YouTube channel of the Supreme Court of India has reportedly been hacked, with the platform currently displaying videos related to the US-based company Ripple.

    In addition to multiple videos on cryptocurrency, the hacked YouTube channel of the Supreme Court of India features a live stream of a blank video titled “Brad Garlinghouse: Ripple Responds to the SEC’s $2 Billion Fine! XRP Price Prediction.”

    The channel is primarily used by the apex court to live stream hearings on public interest cases, a practice that began following a landmark ruling in 2018.

    No official comments have been made on the matter. 

    Supreme Court of India’s YouTube channel appears to be hacked and is currently showing videos of US-based company Ripple. pic.twitter.com/zuIMQ5GTFZ


    — ANI (@ANI) September 20, 2024

    (More details awaited.) 

  • Supreme Court Rejects Petition Of Former RG Kar Principal Sandip Ghosh In Corruption Case |

    RG Kar Scam: The Supreme Court on Friday refused to entertain a petition filed by Sandip Ghosh, the former principal of RG Kar Medical College in Kolkata. Ghosh had approached the apex court. He  claimed that the Calcutta High Court had not considered his version before ordering a CBI investigation into the corruption case against him.

    In his plea, Ghosh argued that the High Court’s decision was one-sided and that he was not given a fair hearing. However, the Supreme Court declined to hear the matter. This leaves the High Court’s order for a CBI probe intact.

    Further details are awaited

  • President Droupadi Murmu Reveals New Flag And Insignia For Supreme Court On Its 75th Anniversary |

    President Droupadi Murmu unveiled a new flag and insignia for the Supreme Court to commemorate its 75th anniversary in the national capital on Sunday.President Murmu graced the valedictory session of the two-day National Conference of District Judiciary, organised by the Supreme Court of India.

    She emphasised that there are many challenges before the judiciary that will require coordinated efforts by all stakeholders to be resolved, informed an official release. Addressing the gathering, the President said that since its establishment, the Supreme Court of India has made an invaluable contribution as a vigilant sentinel of the judicial system of the world’s largest democracy.

    Indian jurisprudence has a very respectable place because of the Supreme Court. She appreciated the contribution of all present and past people associated with the Indian Judiciary. She was happy to note that on the completion of 75 years of its establishment, the Supreme Court has organised many programmes that have increased people’s trust and attachment towards our judicial system.

    The President said that the feeling of faith and reverence towards justice has been a part of our tradition. She referred to her address on a previous occasion and reiterated that people consider every judge in the country as God. The President said that in recent years there have been significant improvements in the availability of infrastructure, facilities, training, and human resources of the judiciary at the district level, but a lot remains to be done in all these areas.
    She affirmed confidence that the rapid progress would continue on all dimensions of reform.

    The President said that pendency and backlog of cases are big challenges before the judiciary. She stressed the need to ponder the serious issue of cases remaining pending for as long as over 32 years. She emphasised that programmes such as special Lok Adalat week should be organised more frequently and said that this will help in tackling the pendency of cases.

    President Murmu also expressed her happiness while noting that many aspects related to case management were discussed in one of the sessions of this conference. She expressed confidence that these discussions will yield practical results.
    The President said that the Constitution provides for the power and responsibilities of the legislative and executive bodies at the local level through panchayats and municipalities.

    She asked if we could think of a justice system at the local level equivalent to these and stated that making arrangements to provide justice in the local language and local conditions can help in achieving the ideal of taking justice to everyone’s doorstep, the release stated.

    The President said that when court decisions in a heinous crime like rape come after a generation has passed, the common man feels that the judicial process lacks sensitivity. She stated that it is a sad aspect of our social life that, in some cases, people with resources continue to roam around fearlessly and freely even after committing crimes, and those who suffer from their crimes live in fear, as if those poor people have committed some crime.

    The President also expressed happiness at the fact that the Supreme Court has ordered the implementation of the provision of the Bharatiya Nagarik Suraksha Sanhita with retrospective effect. Under this, there is a provision to release first-time accused and those who have served one-third of the prescribed maximum imprisonment period, on bail, the release added.

    She expressed confidence that by implementing the new system of criminal justice with this promptness, our judiciary will usher in a new era of justice.

     

  • Telangana CM Revanth Reddy Apologises To Supreme Court Over Bail Remark Linked To BRS Leader K Kavitha |

    Telangana Chief Minister Revanth Reddy tendered an apology to the Supreme Court on Friday after the apex court expressed strong displeasure over the Telangana Chief Minister’s statement that he gave on the top court granting bail to BRS leader K Kavitha. In a post on X, CM Reddy said, “I have the highest regard and full faith in the Indian Judiciary. I understand that certain press reports dated 29th August, 2024 containing comments attributed to me have given the impression that I am questioning the judicial wisdom of the Hon’ble Court.”

    He further stated that he was a firm believer in the Constitution and its ethos and hold the Judiciary in high esteem. “I reiterate that I am a firm believer of the judicial process. I unconditionally express my regret for the statements reflected in the press reports. The remarks attributed to me in such reports have been taken out of context. I have unconditional respect & highest regard for the Judiciary & its independence. As a firm believer in the Constitution of India and its ethos, I have and continue to hold the Judiciary in its highest esteem,” he further said.

    The SC on Thursday expressed strong displeasure over Revanth Reddy’s statement that he gave after the top court granted bail to BRS leader K Kavitha, saying that the judiciary doesn’t interfere in the sphere of the legislature and the same respect applies for the legislature too. A bench of justices of BR Gavai, Prashant Kumar Mishra and KV Viswanathan criticised the statement made by the Telangana CM and remarked that a constitutional functionary is speaking in such a manner. The court asked Revanth Reddy’s lawyer that they read what he said this morning.

    Revanth Reddy reportedly raised doubts over Kavitha getting bail in five months when Manish Sisodia got it after 15 months and Arvind Kejriwal is yet to get it. The bench said that it is not bothered about someone criticizing but they will keep performing the duties as per the conscience. The top court also questioned whether it would pass the order in consultation with a political party. Warning the CM for his statement, the top court also commented that “The trial may be taken outside the state if Telangana Chief Minister does not have respect for the Supreme Court, the highest court in the country.”

    BRS leader K Kavitha was released from Tihar Jail on August 27 following the Supreme Court’s decision to grant her bail. This development comes amid ongoing investigations into alleged irregularities in the ‘excise policy case’ by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED).

  • ‘Can’t Jeopardise Careers Of Two Lakh Students’: Supreme Court Refuses To Postpone NEET-PG Exam |

    New Delhi: The Supreme Court on Friday refused a plea seeking postpone of the NEET-PG examination, set for August 11. The request argued that candidates had been assigned cities that were extremely inconvenient for travel.

    A bench consisting of Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj Misra stated that it jeopardizes the careers of two lakh students for five individuals.

    “How can we postpone such an exam. Mr Sanjay Hegde, nowadays people just come asking to postpone the exam. It’s not a perfect world. We are not academic experts,” the bench said, PTI reported.

    “As a matter of principle, we will not reschedule the exam. There are two lakh students and four lakh parents who will weep over the weekend if we postpone it. We cannot put the careers of so many candidates in jeopardy. We do not know who is behind these petitions,” the bench said.

    Senior advocate Sanjay Hegde, appearing for the petitioners, argued that rescheduling the NEET-PG exam is necessary due to the overlap of another exam taking place in the morning and one in the afternoon.

     

     

  • AAP Leader Atishi Breaks Down After SC Grants Bail To Manish Sisodia, Party Celebrates Homecoming |

    The Supreme Court of India granted bail on Friday to Aam Aadmi Party (AAP) leader Manish Sisodia in connection with the corruption and money laundering cases linked to the alleged Delhi excise policy scam.

     Delhi Minister and AAP leader Atishi got emotional after Supreme Court granted bail to AAP leader Manish Sisodia. She said, “Today the truth has won, the students of Delhi have won…He was put in jail because he provided good education to poor children.”

    #WATCH | Delhi Minister and AAP leader Atishi gets emotional after Supreme Court granted bail to AAP leader Manish Sisodia

    She says, “Today the truth has won, the students of Delhi have won…He was put in jail because he provided good education to poor children.” pic.twitter.com/S5OqxjJ4h0
    — ANI (@ANI) August 9, 2024

    Raghav Chadha, AAP MP, took to X (formerly Twitter) to share his heartfelt sentiments following the court’s decision. He referred to Sisodia as the “hero of Delhi’s education revolution” and expressed his deep gratitude to the Supreme Court. Chadha highlighted Sisodia’s lengthy imprisonment, stating, “Manish bhai was kept behind bars for 530 days. His crime being that he dreamt of giving a bright future to the poor. Dear children, your Manish Uncle is coming back.”

    Punjab Chief Minister Bhagwant Mann also welcomed the verdict, calling it a “victory of truth.” Mann emphasized that the ruling demonstrated justice and transparency in the legal process, particularly as Sisodia had been in custody for 17 months.

    Echoing these sentiments, AAP leader Sanjay Singh described the Supreme Court’s decision as a “victory of truth” and a “slap on the Centre’s dictatorship.” 
    Sunita Kejriwal, wife of Delhi Chief Minister Arvind Kejriwal, said,” There is delay in God’s house, but no injustice”.
     AAP MP Swati Maliwal also voiced her happiness. She said, On Supreme Court grants bail to Manish Sisodia, AAP MP Swati Maliwal says, “I am happy that he got the bail. I hope he will lead the Delhi govt and will work well.”