Tag: Supreme Court

  • SC Verdict Today On Pleas Seeking 100% EVM-VVPAT Vote Verification |

    New Delhi: The Supreme Court is scheduled to declare its verdict on Wednesday regarding several petitions requesting complete cross-verification of votes cast through Electronic Voting Machines (EVMs) using the Voter Verifiable Paper Audit Trail (VVPAT). The VVPAT serves as an autonomous method for voters to verify if their votes have been accurately recorded. A bench of Justices Sanjiv Khanna and Dipankar Datta will pronounce the specific instructions on the plea in which order was reserved by the apex court on April 18. 

    During the hearing the top court pointed out the importance of voter’s trust in the electoral system and their satisfaction. The SC told petitioners seeking direction to go back to using ballot papers, not to suspect the efficacy of EVMs and appreciate if the Election Commission does good work.  

    During the nearly two-day hearing, the bench discussed with senior Deputy Election Commissioner Nitesh Kumar Vyas for about an hour to grasp the operation of EVMs. Senior advocate Maninder Singh, representing the Election Commission, asserted that EVMs are standalone devices invulnerable to tampering, although he acknowledged the potential for human error. 

    On April 16, the SC depreciated the criticism of EVMs and calls for going back to ballot papers, saying the electoral process in India is a “humongous task” and attempts should not be made to “bring down the system”, reported PTI. 

    The NGO ‘Association for Democratic Reforms’ (ADR) sought the court to change a decision made by the election commission in 2017. This decision was about replacing see-through glass on voting machines with opaque glass. With the new glass, a voter can only see their vote slip when a light is on for seven seconds. 

    The ADR has requested that the number of votes recorded by EVMs matches the votes that have been reliably recorded as cast. They also want to ensure that voters can confirm through the VVPAT slip that their vote, as seen on the paper slip, has been counted as recorded. 

    At present, VVPAT slips from five randomly chosen EVMs in each Assembly segment undergo verification.

  • Supreme Court Dismisses Return To Ballot Paper, Says `Have Not Forgotten` Pre-EVM Era

    Supreme Court Justice Sanjiv Khanna said that the petitioner may have forgotten what used to happen before EVM but the judges have not.

  • LIVE Updates | SC To Hear Delhi CM Arvind Kejriwal`s Bail Plea Against Arrest Today

    Arvind Kejriwal Arrest LIVE Updates: Kejriwal was arrested by the ED on March 21, hours after the high court refused to grant him protection from coercive action by the federal anti-money laundering agency.

  • Arvind Kejriwal Arrest LIVE Updates: Delhi BJP Chief Injured During Protest To Oust CM |

    Arvind Kejriwal Arrest LIVE Updates: Delhi Chief Minister Arvind Kejriwal on Wednesday moved the Supreme Court challenging the Delhi high court verdict upholding his arrest related to a money laundering case connected to a alleged excise scam. Vivek Jain, Kejriwal’s legal representative, told news agency PTI that they have challenged the Delhi HC order in the apex court. The Delhi High Court’s decision to sustain Kejriwal’s arrest dealt a significant setback to the Chief Minister just before the Lok Sabha elections.

    The court remarked that the Enforcement Directorate (ED) was left with ‘little option’ but to proceed with the arrest due to Kejriwal’s consistent absence from summons and his refusal to participate in the probe.

    Meanwhile, the Aam Aadmi Party (AAP) on Wednesday said that Punjab’s Chief Minister Bhagwant Mann and AAP’s Rajya Sabha MP Sanjay Singh were scheduled to visit Kejriwal at Tihar Jail, which has now been deferred. The jail authorities have cited security concerns as the reason for the postponement, news agency IANS reported.

    “Yesterday, the time for Bhagwant Mann and Sanjay Singh to meet Kejriwal was fixed. Now, Tihar Jail will inform about the new time,” said AAP.  “The administration had received a letter for a meeting with CM Kejriwal,” IANS quoted jail sources as saying.

    “The Deputy Inspector General (DIG) of Tihar will respond today. The reply will address security measures and propose alternative dates for the meeting. Sanjay Singh and CM Bhagwant Mann may then visit CM Kejriwal on the suggested dates, should they choose to,” a source from the prison administration stated.

    Kejriwal was taken into custody by the Enforcement Directorate on March 21 over allegations related to the excise scam. Since his arrest, Kejriwal has been under the ED’s authority, followed by his transfer to Tihar Jail.

    Follow LIVE Updates Here: 

    2:20 PM: The Bharatiya Janata Party (BJP) on Wednesday organized a demonstration close to the Aam Aadmi Party (AAP) main office on DDU Marg, calling for the resignation of the incarcerated Delhi Chief Minister Arvind Kejriwal, who is in Tihar jail due to allegations related to the excise policy.
    To break up the gathering, the police resorted to using water cannons, which resulted in injuries to Virendra Sachdeva, head of the BJP’s Delhi division. He received medical attention at RML Hospital.

    13.42 PM: The Delhi High Court declined to consider a petition filed by former AAP Minister and ex-MLA Sandeep Kumar, requesting the removal of Arvind Kejriwal from his position as Chief Minister. The court noted that this was the third petition with the same demands and expressed its intention to impose a fine of Rs. 50,000 on the petitioner. Additionally, the court urged the petitioner to refrain from ridiculing the legal system, stating that imposing costs is the only effective measure to deter such petitions.

    13.29 PM: Police have apprehended Delhi BJP leaders and supporters who were staging a demonstration, calling for the resignation of Delhi Chief Minister Arvind Kejriwal.

    #WATCH | Police detain Delhi BJP leaders and workers protesting demanding resignation of Delhi CM Arvind Kejriwal. pic.twitter.com/EPA4ZE2FFD


    — ANI (@ANI) April 10, 2024

    12.57 PM: AAP MP Sanjay Singh stated that according to him, the Modi government intends to detain an elected Chief Minister of Delhi. He mentioned that two days prior, Arvind Kejriwal had a meeting with his lawyer where he conveyed a message for elected MLAs to engage with people in their respective areas and address their concerns. Singh expressed to ANI, he said investigation has been initiated against Kejriwal, accompanied by threats of restricting his access to family and legal counsel.

    #WATCH | AAP MP Sanjay Singh says, “The Modi government wants to keep an elected Chief Minister of Delhi in jail… two days ago Arvind Kejriwal met his lawyer and during that meeting, he gave the message that the elected MLAs should go to their areas and listen to the problems… pic.twitter.com/Fu3eEjqapk
    — ANI (@ANI) April 10, 2024

    12.53 PM: There will be a gathering at the residence of Chief Minister Arvind Kejriwal around 1 PM to discuss plans for the upcoming Lok Sabha elections. Alongside the CM, his wife Sunita Kejriwal will participate. Punjab Chief Minister Bhagwant Mann, MPs Sandeep Pathak and Sanjay Singh, ministers Saurabh Bhardwaj and Gopal Rai, as well as party leader Jasmine Shah, are also expected to be in attendance at the meeting organized by the Aam Aadmi Party (AAP).

    12.12 PM: Arvind Kejriwal, the Chief Minister of Delhi, has taken his case to the Supreme Court after a ruling by the Delhi High Court. Saurabh Bharadwaj, a leader of the Aam Aadmi Party and a minister in Delhi, expressed that their approach to news agency ANI. He highlighted that they’ve followed this pattern from district courts to high courts, and now to the Supreme Court. Bharadwaj conveyed optimism about receiving justice from the Supreme Court. Drawing a parallel to a previous case involving Sanjay Singh, he suggested that just as the Supreme Court provided guidance then, they anticipate the same in their current situation.

    11.50 AM: After a Delhi court on Wednesday said no to Delhi Chief Minister Arvind Kejriwal’s request to have more meetings with his lawyers, bumping it up from two times a week to five. Kejriwal argued that because he’s dealing with several police cases in different states, he needs more legal consultations. However, the court rejected his plea. The lawyers representing the authorities argued against it, saying that the Jail Manual only allows one legal meeting a week, maybe two in special cases. Kejriwal is already having two meetings, so asking for more goes against the rules.

    11.30 AM: Supreme Court refuses early hearing in Delhi Chief Minister Arvind Kejriwal’s petition challenging Delhi High Court’s order against his arrest in Delhi Liquor Policy Case. CJI DY Chandrachud says, “I will look into e-mail”

  • Supreme Court Refuses To Stop Prayers In Gyanvapi`s Vyas Ka Tehkhana

    The top court issued notice to trial court petitioner Shailendra Vyas on the mosque side’s plea against worship in the basement. 

  • Will SC Put Stay On CAA Implementation? Apex Court To Hear 237 Petitions Today |

    The Supreme Court is set to review several pleas on Tuesday requesting the government to suspend the enforcement of the 2024 Citizenship Amendment Rules. The stay is demanded until the court has resolved the challenges to the constitutionality of the 2019 Citizenship Amendment Act (CAA). The bench announced its intention to schedule all applications requesting a suspension of the Rules for a hearing on Tuesday. Additionally, the highest court mentioned that the entire set of 237 petitions will be included in the list alongside the most recent applications.

    The early hearing was warranted after Senior advocate Kapil Sibal, representing the Indian Union Muslim League (IUML) argued that once migrant Hindus are granted Indian citizenship, it cannot be revoked, thus suggesting the need for an expedited hearing. A panel consisting of Chief Justice of India DY Chandrachud and justices JB Pardiwala and Manoj Misra have acknowledged the arguments by Sibal.

    Apart from IUML, the Democratic Youth Federation of India (DYFI), Debabrata Saika, the Leader of the Opposition in the Assam Assembly, Abdul Khaleque, a Congress MP from Assam, and various others have also submitted applications requesting a suspension of the Rules.

    ‘Muslim Community Deprived Of CAA Benefits’ 

    One day after the government released the regulations under the CAA, the Kerala-based political party IUML filed a petition in the Supreme Court, requesting a stay to the enforcement of these regulations. The IUML urged for a suspension of the contested law and regulations, arguing that no punitive measures should be taken against members of the Muslim community who have been excluded from the benefits of this legislation, reported ANI. 

    PK Kunhalikutty, a leader of the Indian Union Muslim League (IUML), expressed solidarity with the Kerala government’s stance of abstaining from enforcing CAA. “Why should they implement a law that has not been welcomed by anyone in India? What is the need? Why are they taking a partisan stand in the matter of citizenship? ” Kunhalikutty told agency. 

    Kerala Government’s Plea Against CAA 

    On March 11, following the Union Home Ministry’s notification of the Citizenship Amendment Act (CAA) rules, Kerala Chief Minister Pinarayi Vijayan asserted that Kerala would not enforce the Act. Vijayan stated, “The LDF government approached the Supreme Court to confirm that Kerala would not implement the Citizenship Amendment Act. Kerala is the first state to move a plea against CAA in the Supreme Court. The state will initiate further legal action soon.”

    Mandate Under CAA 2019  

    The regulations of the CAA, brought by the Central government and ratified by Parliament in 2019, is designed to grant Indian citizenship to persecuted migrants belonging to Hindus, Sikhs, Jains, Buddhists, Parsis, and Christians community who fled from Bangladesh, Pakistan, and Afghanistan and entered India prior to December 31, 2014.

  • What Is An Electoral Bond? |

    NEW DELHI: The State Bank of India (SBI), the country’s largest lender, recently provided the details of all electoral bonds sold from 2019 to 2024 to the Election Commission of India (ECI), which is now being published on its website in a phased manner. In compliance with the Supreme Court’s directive, SBI shared the information with the poll panel on March 12 and presented the affidavit about the same with the apex court on March 13. Importantly, the top court had given the ECI time till March 15 to upload the data on its website. The electoral body has uploaded the ‘Disclosure of Electoral Bonds’ submitted by SBI into two sections on “as is where is basis”.

    Electoral Bonds In Political Funding

    Electoral bonds have emerged as a novel mechanism in the domain of political funding since their inception in 2017. They provided individuals and corporate entities with the opportunity to donate unlimited sums of money to political parties anonymously. Until a landmark Supreme Court decision in mid-February, the bonds were acquired from SBI in fixed denominations and handed over to political parties without the need for disclosing the donors’ identities, thus revolutionizing the funding landscape.

    Who Can Buy Electoral Bonds?

    Electoral bonds are accessible to individuals who are citizens of India or entities incorporated or established in the country. Both individuals and groups have the liberty to purchase these bonds either individually or jointly with other individuals.

    Who Can Receive Funding Through Electoral Bonds?

    Only political parties registered under Section 29A of the Representation of the People Act, 1951, and securing at least one percent of the votes polled in the last General Election to the House of the People or the Legislative Assembly of the State are eligible to receive electoral bonds.

    How To Encash Electoral Bonds?

    The encashment of electoral bonds is exclusively facilitated through authorized bank accounts held by eligible political parties. These parties can redeem the bonds only through designated banks within a specified period.

    Which Bank Can Issue And Encash Electoral Bonds?

    The Government of India has designated the State Bank of India (SBI) as the sole authorized entity for issuing and encashing electoral bonds through its specified branches during allocated sale phases.

    What Is The Validity Period For An Electoral Bond?

    Electoral bonds are valid for fifteen calendar days from the date of issue. Failure to encash the bonds within this timeframe renders them ineligible for payment to the beneficiary political party.

    How Do Electoral Bonds Work?

    These bonds, available in various denominations, can be procured from SBI branches during designated periods specified by the government. Upon acquisition, political parties can encash these bonds through their designated bank accounts within the stipulated timeframe.

    Who Benefits From Electoral Bonds?

    Political parties are the primary beneficiaries of electoral bonds, receiving contributions from public or corporate entities. The opacity surrounding donor identities has prompted calls for enhanced transparency and accountability in the political funding process.

    How To Buy Electoral Bonds?

    Eligible individuals and entities can purchase electoral bonds from specified branches of SBI in various denominations ranging from Rs 1,000 to Rs 1 crore.

    Are Electoral Bonds Tax-Free?

    Electoral bonds, while tax-exempt for individuals or entities, are subject to the provisions of Section 13A of the Income Tax Act. This provision governs the acceptance of donations by political parties.

    Why Electoral Bonds Are Issued?

    Introduced through the Finance Act, 2017, electoral bonds were purported to promote transparency in political funding by directing donations through banking channels. However, concerns have been raised regarding the opacity surrounding the sources of these funds.

    Who Can Accept Electoral Bonds?

    Legally registered political parties meeting specified criteria can accept electoral bonds within fifteen days of issuance.

    Electoral Bonds Vs Electoral Trusts?

    Electoral bonds, challenged before the Supreme Court, have supplanted electoral trusts as the primary mode of political funding. The distinction lies in the level of transparency offered, with electoral bonds prioritizing donor anonymity.

    Do Electoral Bonds Come Under RTI?

    A Supreme Court verdict deemed the electoral bonds scheme violative of the right to information, citing concerns about transparency and free speech. The anonymous nature of the scheme was identified as a barrier to accountability.

    What Are The Concerns Regarding Electoral Bonds?

    Critics have voiced apprehensions about electoral bonds, citing the potential for corruption and undue influence resulting from undisclosed donor identities. Calls for reforms aim to address these concerns and ensure integrity in the political funding process.

    How Electoral Bonds Impact Political Funding?

    The advent of electoral bonds has transformed political funding dynamics, providing a legal avenue for contributions while maintaining donor anonymity. However, concerns persist about the implications for transparency and accountability.

    How Will Political Funding Work Now?

    Despite challenges, political funding avenues remain open through direct donations and electoral trusts. However, stringent regulations and increased scrutiny are imperative to mitigate potential loopholes and ensure compliance.

    How Much BJP And Other Parties Received?

    The Bharatiya Janata Party emerged as the highest beneficiary of electoral bonds, encashing bonds worth Rs 6060.5 crore between April 12, 2019, and January 24, 2024. Other major parties, including the All India Trinamool Congress and the Congress, also received substantial sums through this mechanism.

  • From KS Hegde To Abhijit Gangopadhyay, Meet Judges Who Quit Judiciary To Join Politics |

    Calcutta High Court Justice Abhijit Gangopadhyay, who recently announced retirement and said that he will join the BJP, has again brought back to light former Finance Minister Arun Jaitley’s statement that pre-retirement judgements get influenced by the post-retirement jobs. Justice Gangopadhyay is not the first judge to join politics as the list has several big names. 

    KS Hegde

    Kawdoor Sadananda Hegde was born on 11 June 1909 in the village Kawdoor of Karkala Taluk in South Kanara district of the erstwhile State of Mysore. He began his legal profession in 1933 and worked as a Government Pleader and Public Prosecutor during the period 1947-51. Hegde was elected to the Rajya Sabha as a Congress Party nominee in 1952. Hegde served in the Upper House till 1957. In 1957, Hegde resigned from the Rajya Sabha when he was appointed a Judge of the Mysore High Court. He was later elevated to the Supreme Court. On 30 April 1973, Hegde tendered his resignation when one of his junior colleagues was appointed as the Chief Justice of India. In 1977, he was elected to the Sixth Lok Sabha from the Bangalore South constituency on a Janata Party ticket and was made the Speaker of the Sixth Lok Sabha. 

    Baharul Islam

    Baharul Islam, a former judge of the Supreme Court, made a significant career shift by resigning six weeks before his scheduled retirement. In 1983, he entered the political arena and contested the Lok Sabha elections as a Congress candidate from Barpeta in Assam. Before this, he had a political stint when he was elected to the Rajya Sabha on April 3, 1962, as a Congress candidate and secured another term in 1968. He resigned from the Rajya Sabha on January 20, 1972, accepting an appointment as a judge in the Gauhati High Court. Later, on December 4, 1980, he was elevated to the position of a Supreme Court judge. On January 13, 1983, Baharul Islam resigned from his position and got the Congress nomination from Barpeta for the Lok Sabha elections. However, due to unrest caused by the Assam agitation, the election in Barpeta had to be postponed. Despite this, the Congress accommodated Islam once again by making him the Rajya Sabha MP in 1983.

    VR Krishna

    Justice V R Krishna Iyer was born on 15th November 1915 a Palakkad, in the Malabar region of the then Madras State. In 1956, he was elected initially to the Madras Legislative Assembly and later, after the reorganisation of States, to the Kerala Assembly, where he was appointed as Minister in charge of important portfolios, like Home, Law, Social Welfare, etc. He was appointed as a Judge of the Kerala High Court in 1968. He was a Member of the Law Commission from 1971 to 1973. He was appointed as Judge of the Supreme Court of India in 1973.  He was conferred with the Padma Vibhushan in 1999.

    Mohammad Hidayatullah

    Justice Md. Hidayatullah was born on 17th December 1905 at Betul in the erstwhile Central Provinces and Berar. He was appointed Additional Judge of Central Provinces and Berar High Court (now Madras HC) on 24th June 1946. He was appointed as Permanent Judge of the High Court on 13th September 1946. On 3rd December 1954, he was appointed as the Chief Justice of the Madhya Pradesh High Court. On 1st December 1958, he was elevated to the Supreme Court and became the Chief Justice of India on 25th February 1968. He retired from that high office on 17th December 1970. Justice Hidayatullah was sworn in as the Acting President of India on 20th July 1969. After his retirement as the Chief Justice of India, he was unanimously elected as the Vice President of India between 1979 to 1984. During his tenure as Vice President, he also acted as the President in 1982.

    Rangnath Mishra

    Justice Ranganath Misra was appointed as a Permanent Judge of the Orissa High Court in 1969. He was elevated as an acting Chief Justice of the Orissa High Court on November 6th 1980. He then became the permanent Chief Justice on 16 January 1981. Justice Misra was elevated as a Judge of the Supreme Court on March 15th 1983. He became the 21st Chief Justice of India on 25 September 1990. After his retirement, he became the first Chairman of the National Human Rights Commission. He became a Member of Parliament in Rajya Sabha from the Congress Party, serving between 1998 and 2004. 

    Koka Subba Rao

    Koka Subba Rao, the former Chief Justice of India (CJI), assumed the role of CJI on June 30, 1966. In 1967, the Swatantra Party extended an invitation to him to be the United Opposition’s candidate for the presidential election in India. Subba Rao, accepting the nomination a day later, entered the presidential race. Unfortunately, he faced defeat as the Congress candidate Zakir Hussain emerged victorious in the election.

    Ranjan Gogoi

    Justice Ranjan Gogoi was born on 18th November 1954. He was appointed as Permanent Judge of Gauhati High Court on 28th February 2001 and was transferred to Punjab & Haryana High Court on 9th September 2010. He was appointed Chief Justice of Punjab & Haryana High Court on 12th February 2011. Justice Gogoi was elevated to the Supreme Court on 23rd April, 2012 and was appointed as The Chief Justice of India on 03.10.2018. He is currently a Member of the Rajya Sabha, having been nominated by then President Ram Nath Kovind on 16 March 2020.

  • BREAKING: Chandigarh Mayoral Election: Returning Officer Anil Masih Should Be Prosecuted, Says SC |

    NEW DELHI: The Supreme Court on Monday slammed Returning Officer Anil Masih for his role in the alleged defacement of ballot papers during the Chandigarh mayoral election and said that he should be prosecuted. The top court also proposed that results for the Chandigarh mayoral polls be declared by counting the present ballot papers, disregarding the marks made by Returning Officer Anil Masih instead of holding fresh elections.

     

    Chandigarh Mayor poll | Supreme Court remarks that Anil Masih, returning officer in Chandigarh Mayor election, has to be prosecuted as he was interfering with the election process.
    — ANI (@ANI) February 19, 2024

     

    The top court, while hearing a petition on the alleged irregularities in the Chandigarh mayoral election, also expressed concerns over alleged horse-trading after the mayoral polls. “We are deeply concerned about the horse-trading which is taking place…” the SC bench led by CJI DY Chandrachud said. 

    The apex court also directed the administration to provide security to the judicial officer and safeguard the records. It also asked the HC registrar general to depute a judicial officer to bring ballot papers, and videos for its perusal on Tuesday.

    Earlier during the hearing, the Supreme Court grilled Masih over his conduct regarding his conduct during the controversial Mayoral elections in Chandigarh. Responding to the Supreme Court, Masih admitted that he put an ‘X’ mark on 8 ballot papers. Masih said that he was separately marking ballot papers which were defaced by the voters, so that they wouldn’t get mixed up.

    On February 5, the bench of CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra heard a petition filed by the AAP candidate and slammed Masih for his conduct and directed him to explain his conduct as presiding officer in the Chandigarh Mayor elections to the top court in person in next hearing. The CJI had called what transpired in mayoral elections a “murder of democracy”.

     “It is obvious that he defaced the ballot papers. Is this the way he conducts the elections? This is a mockery of democracy. This is a murder of democracy. This man should be prosecuted! Tell him the Supreme Court is watching him,” CJI Chandrachud said while passing orders. The court had expressed dismay over the videos that surfaced from the elections and asked why Masih was looking at the CCTV camera while counting ballot papers. 

    The AAP and Congress have accused Masih of tampering with ballots to favour BJP candidate Manoj Sonkar. It is alleged by the INDIA bloc candidate Kuldeep Kumar that Masih rejected 8 votes as invalid while counting by forgery and BJP won elections by fraud.

    On January 30, Manoj Sonkar, the Mayor candidate from BJP was declared the Mayor after winning 16 votes against the 12 votes received by the Congress-AAP candidate Kumar.

    On February 18, just one day before the next hearing in the Supreme Court, the BJP candidate Manoj Sonkar resigned from the Mayor’s office. In another key development before the hearing, three Chandigarh AAP Councillors Gurcharan Kala, Punam Devi and Neha Musawat joined the BJP. 

  • Hemant Soren now reaches Supreme Court against ED, hearing on Friday

    Hemant Soren:- Hemant Soren has now reached the Supreme Court against ED. SLP has been filed on his behalf and the date for hearing on it has been fixed for Friday i.e. 2nd January. Along with this, Soren has applied to withdraw the petition filed in Jharkhand High Court regarding the same matter. On behalf of the former CM, the Advocate General told the Jharkhand High Court today that an SLP has been filed in the Supreme Court, hence he wants to withdraw the case from the High Court.

    Before this, the acting Chief Justice of the High Court, Justice S. The bench of Justice Chandrashekhar and Justice Anubha Rawat Chaudhary heard the petition of Hemant Soren. The court refused to give any relief to Soren on technical grounds. The bench said that you have not informed the defendant (ED) about the case nor have they been given notice. In such a situation, this petition is not worthy of hearing. (IANS)