Tag Archives: SC

SC Decision on Rafale case – Leaked documents can be allowed.

10 Wednesday Apr 2019

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The Left parties Wednesday hailed the decision of the Supreme Court allowing leaked documents to be relied upon by petitioners seeking review of the Rafale judgement and alleged that Narendra Modi government was compromising on national security.

Continuing his attack on the ruling party, CPI(M) General Secretary Sitaram Yechury said that through the Rafale fighter jet deal with France, the government “promoted cronyism”.

“Modi and his govt have compromised national security for corruption and cronyism in an important defence deal.

“They tried to evade accountability, denied a JPC, hid price from CAG, tried to first mislead, then stall any hearing in Supreme Court. Important that culprits are booked,” he tweeted.

In a setback to the Modi-led government at the Centre a day ahead of the first phase of the Lok Sabha election, the Supreme Court Wednesday allowed leaked documents to be relied upon by petitioners seeking review of its Rafale judgement and dismissed the government’s preliminary objections claiming “privilege” over them.

“Modi and his minions have falsely claimed that they have a ‘clean chit’ in the Rafale scam.

“But the proofs have come tumbling out one after another. It has been the most corrupt and most compromised govt in India’s history. Now is the time to throw it out,” he said.

CPI National Secretary, Atul Kumar Anjaan said the Supreme Court’s decision has completely “exposed” the Modi government.

“The Modi government has been exposed layer by layer in the Rafale scam. “The SC has rejected the claims made by the Centre that the documents related to the deal had been stolen. Now, it is clear that the Modi government has done some scam in the Rafale deal,” he said.

‘Horrendous acts of mobocracy’ can not be allowed – Supreme Court issues directions to Central Government

18 Wednesday Jul 2018

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The Supreme Court today asked Parliament to consider enacting a new law to effectively deal with incidents of mob lynching, saying “horrendous acts of mobocracy” cannot be allowed to become a new norm.
A bench headed by Chief Justice Dipak Misra also passed a slew of directions to provide “preventive, remedial and punitive measures” to deal with offences like mob violence and cow vigilantism.
The bench, which also comprised justices A M Khanwilkar and D Y Chandrachud, said it was the duty of state governments to ensue law and order in society, besides ensuring that the rule of law prevailed.
“Citizens cannot take law into their hands and cannot become law unto themselves,” the bench said.
“Horrendous acts of mobocracy cannot be allowed to become a new norm and has to be curbed with iron hands,” it said, adding that states cannot turn a deaf ear to such incidents.
The bench asked the legislature to consider enacting a new penal provision to deal with offences of mob violence and provide deterrent punishment to such offenders.
The top court passed the order on a plea seeking formulation of guidelines to curb such violent incidents in the country.
The bench has now posted the PIL filed by persons like Tushar Gandhi and Tehseen Poonawalla for further hearing on August 28 and asked the Centre and state governments to take steps to deal with such offences in pursuance of its directions.
The CJI, who pronounced the verdict in a packed courtroom, did not read out measures directed by the court to deal with such offences.
The SC had earlier dubbed the cases of lynching by vigilantes as a crime and not merely a law and order problem and had taken serious note of mob violence.
During the earlier hearing, senior advocate Indira Jaising, appearing for Mahatma Gandhi’s great grandson Tushar Gandhi, had said that lynching by cow vigilantes was happening despite the top court’s orders directing states to appoint nodal officers in each districts.
Additional Solicitor General P S Narasimha had said the Centre was alive to the situation and trying to deal with it.
On September 6 last year, the apex court had asked all states to take stern measures to stop violence in the name of cow protection, including appointment of senior police officers as nodal officer in every district within a week and acting promptly to check cow vigilantes from behaving like they are “law unto themselves”.
The apex court had sought response from Rajasthan, Haryana and Uttar Pradesh governments on a plea seeking contempt action for not following its order to take stern steps to stop violence in the name of cow vigilantism.
A contempt petition was filed by Tushar Gandhi, saying the three states have not complied with the top court order of September 6 last year. (Courtesy: PTI)

9 Member Supreme Court Bench on ‘Whether Right to Privacy is a fundamental right?’

18 Tuesday Jul 2017

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New Delhi, Jul 18 : The Supreme Court today decided to set up a nine-judge bench to decide whether right to privacy can be declared as a fundamental right under the Indian Constitution.

A five-judge Constitution bench headed by Chief Justice J S Khehar said that the larger bench would examine the correctness of the two judgements delivered in the cases of Kharak Singh and M P Sharma in which it was held that right to privacy was not a fundamental right.

While the Kharak Singh judgement was delivered by a six- judge bench in 1960, the M P Sharma verdict was reported in 1950 and was delivered by an eight-judge Constitution bench.

The five-judge bench, also comprising Justices J Chelameswar, S A Bobde, D Y Chandrachud and S Abdul Nazeer, said that the nine-judge bench would commence hearing tomorrow and decide the issue as to whether the fundamental rights, described under Part III of the Constitution, also include the right to privacy.

The order came on a batch of petitions challenging the constitutional validity of the Aadhaar scheme.

It has also been alleged that the Aadhaar scheme infringes the ‘fundamental right to privacy’.

The petitions were referred to a larger bench in 2015 when then attorney general Mukul Rohatgi had referred to the inconsistencies in the past apex court verdicts and said that the issue whether right to privacy was a fundamental right or not, needed to be settled first. (PTI)

50% of casual labour service to be counted for pension – SC

28 Tuesday Mar 2017

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The Supreme Court ordered that 50% of service of the casual period should be counted for pension, after the worker is regularised. The judgment was delivered in an appeal filed by the Railway Department against the decision of the Central Administrative Tribunal that the full period of casual service should be counted for pension and other benefits, after the worker is regularised.

The judgment was delivered by the Bench consisting of Justice A.K.Sikri and Justice Ashok Bhushan.

‘Equal Pay for Equal Work’ – An important Judgement of the Supreme Court

27 Thursday Oct 2016

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An important judgment has been pronounced by the Supreme Court on ‘Equal Pay for Equal Work.” A Bench of Justices J.S.Khehar, and S.A.Bobde said the principle of equal pay for equal work constitutes a clear and unambiguous right vested in every employee, whether engaged on regular or temporary basis.

The Bench further said ” In our considered  view, it is fallacious to determine artificial parameters to deny fruits of labour. An employee engaged for the same work, can not be paid less than another… Certainly not, in a welfare state.Such an action besides, demeaning, strikes at the very foundation of human dignity.”

The Bench continued:”Any act of paying less wages as compared to others similarly situated, constitutes an act of exploitative enslavement, emerging out of a domineering position. Undoubtedly, the action is oppressive, suppressive, and co-ersive as it compels involuntary subjugation.”

The judgement is establishing the right of the workers and their demand : Equal Pay for Equal Work”. This is a great judgment indeed!The government and the Management should implement. ( With inputs from “Times of India”, 27-10-2016)

Review the right to contest – CPI(M)

10 Thursday Dec 2015

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New Delhi, December 10: The Polit Bureau of the Communist Party of India (Marxist) has issued the following statement:

The Polit Bureau of the Communist Party of India (Marxist) considers the latest ruling of the Supreme Court upholding minimum education qualifications as a prerequisite for candidates contesting panchayat polls in Haryana as being violative of the fundamental feature of universal suffrage guaranteed to all citizens of India by the Indian Constitution.

Universal suffrage is not limited only to the right to vote.  All those who have the right to vote also automatically have the right to contest.  Such restrictions on the right to contest are against the spirit of the constitutional right of universal suffrage and the principle of equality before law.

By setting such preconditions for contesting panchayat and local bodies elections, a large section of the rural poor have been excluded from their basic right to be elected representatives.

At the beginning of the current winter session, the Indian Parliament reaffirmed  its resolve to implement our Constitution and the Central government has declared a new observance every year of the Constitution Day on November 26.

The PB of the CPI(M) considers that this present ruling should be reviewed by the full Constitution Bench of the Supreme Court.

Update state support to older peoples – SC to Central government

28 Friday Aug 2015

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New Delhi, Aug 28 The Supreme Court today asked the Centre to update its national policy that envisages state support to ensure financial and food security, health care, shelter and other needs of older persons across the country.

The social justice bench comrpising justices Madan B Lokur and U U Lalit said “national policy on old age homes is 15 year old. You need to update it. So much has happened since 1999.”

The court said that revisiting the 1999 NPOP has become necessary in the wake of the enactment of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

The National Policy on Older Persons (NPOP) envisages state support to ensure financial and food security, health care, shelter and other needs of older persons, equitable share in development, protection against abuse and exploitation and availability of services to improve the quality of their lives.

It also provides state support on issues like social security, inter-generational bonding, family as the primary caretaker, role of NGOs, training of manpower and research.

The court expressed dissatisfaction over the reply filed by the Social Justice and Empowerment Ministry and said that it had not disclosed the steps taken so far for setting up old age homes.

Earlier, the apex court had issued notice to the Centre on the PIL seeking setting up of old age homes with basic healthcare facilities in every district of the country. (PTI)

 

Aadhar Card only optional for Welfare Schemes – SC

11 Tuesday Aug 2015

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Aadhar card will be optional for availing various welfare schemes of the government, the Supreme Court today said and ordered that no personal information of the holders of such cards shall be shared by any authority.

A three-judge bench, which in the forenoon referred to a larger Constitution Bench a batch of petitions challenging the Aadhar scheme and the issue whether right to privacy is a fundamental right, recorded the statement of Attorney General Mukul Rohatgi that “no personal information of Aadhar card shall be shared by any authority”.(Courtesy: PTI)

 

Compassionate Appointment can not be denied due to passage of time – Supreme Court.

26 Tuesday May 2015

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The Supreme Court in an important judgment has stated that the right of compassionate appointment cannot be denied on the plea that some years have passed. This judgment was given by Justices R.Banumathi and TS Thakur directing Canara Bank to consider the claim of the petitioner according to its scheme which existed in 1993, when the official expired. The Bank was denying compassionate appointment on the plea that the rules have been changed afterwards. (Courtesy: Business Line)

Is CBI Director Sinha compromised in Coal Block Case?

15 Friday May 2015

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Any thing can happen in India, it seems. The Supreme Court has now asked the Central Vigilance Commission to give its views on whether a probe is required to find out if any of the coal block allocations cases has been compromised as a result of the large number of meetings of the CBI Director Ranjit Sinha with the accused corporates.

Interesting! CBI is being inquired. It is clear that corporates in India can influence almost any body.