'Production Of Accused In Court Fundamental To Criminal System': Supreme Court Refuses To Entertain PIL Seeking To Produce Undertrials In Court Virtually
2 years, 5 months ago

'Production Of Accused In Court Fundamental To Criminal System': Supreme Court Refuses To Entertain PIL Seeking To Produce Undertrials In Court Virtually

Live Law  

The Supreme Court, on Tuesday, refused to entertain a Public Interest Litigation seeking directions to prevent undertrial prisoners from being produced in court to ensure safety of judges, prisoners and others inside the courtroom. The matter was heard by a bench comprising Chief Justice UU Lalit, Justice Ravindra Bhat and Justice Bela M. Trivedi. While advising the petitioner to withdraw the petition, the bench underlined that an accused being produced in the court room was a fundamental part of the criminal justice system. Justice Bhat orally remarked– "Personally speaking, an accused going to the court is fundamental is to our criminal system.

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History of this topic

Why Supreme Court wants to protect high court judges from Lokpal scrutiny
3 weeks, 4 days ago

Why Supreme Court wants to protect high court judges from Lokpal scrutiny

India Today  

On February 20, the Supreme Court stayed a controversial order issued by the Lokpal, which had claimed jurisdiction over sitting high court judges. The Lokpal’s January 27 ruling had asserted that sitting high court judges—if their courts were established under an Act of Parliament—fell within its jurisdiction under the Lokpal and Lokayuktas Act, 2013. The case was reviewed by a …

‘Nobody gets better treatment due to gown’: Supreme Court junks plea over lawyers’ senior designation
1 month, 2 weeks ago

‘Nobody gets better treatment due to gown’: Supreme Court junks plea over lawyers’ senior designation

The Hindu  

The Supreme Court on Friday said nobody got a better treatment on the basis of their gown and rejected a plea against the Delhi High Court conferring senior designations of 70 lawyers. A bench of Justices B. R. Gavai and K. Vinod Chandran was hearing a plea filed by advocate Mathews J. Nedumpara and others, including many practising lawyers, challenging …

Supreme Court junks CBI plea in Yasin Malik case: 'Even Ajmal Kasab got fair trial'
Top News
4 months ago

Supreme Court junks CBI plea in Yasin Malik case: 'Even Ajmal Kasab got fair trial'

India TV News  

In a significant development, the Supreme Court on Monday emphasised the importance of a fair trial system citing the example of of 26/11 terrorist Ajmal Kasab's case. This happened when the court was hearing the Central Bureau of Investigation appeal regarding a Jammu court’s direction for local Kashmiri separatist leader Yasin Malik to personally appear to face the trial. In …

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court
10 months, 1 week ago

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court

Live Law  

The Supreme Court on Wednesday held that the evidence of a prosecution witness cannot be rejected in toto merely because the prosecution chose to treat him as hostile and cross-examined him. Affirming the decision of the High Court and Trial Court, the bench comprising Justices BR Gavai and Sandeep Mehta declined to aside the conviction of the accused merely because …

Allocation Of Cases Can't Be Lawyer-Driven; Complete Trust Must Be Reposed On Decision Makers : CJI DY Chandrachud
1 year, 2 months ago

Allocation Of Cases Can't Be Lawyer-Driven; Complete Trust Must Be Reposed On Decision Makers : CJI DY Chandrachud

Live Law  

Recently in an interview, while replying to a question about the recent controversy surrounding the listing of some of the politically sensitive cases to a particular Bench, the Chief Justice of India responded that “the Supreme Court follows a well-structured process for the allocation of cases to the Judges of the Supreme Court”. Allocation and assignment of cases cannot be …

All judges equal for us, CJI tells lawyers over arbitrary listing allegations
1 year, 3 months ago

All judges equal for us, CJI tells lawyers over arbitrary listing allegations

Hindustan Times  

In his first rejoinder to the charges levelled by a group of lawyers claiming arbitrary change in listing of select matters in the Supreme Court, Chief Justice of India Dhananjaya Y Chandrachud called it “surprising” that some lawyers want their cases to be listed before specific judges and not before some others although all judges are to be treated equal …

‘It is very irritating’: SC refuses submissions seeking early setting up of fresh bench for Bilkis Bano case
2 years, 3 months ago

‘It is very irritating’: SC refuses submissions seeking early setting up of fresh bench for Bilkis Bano case

India TV News  

Rejecting the submissions seeking an early setting up of a fresh bench to hear Bilkis Bano's plea, Supreme Court on Wednesday said the writ will be listed and asked the lawyer not to keep mentioning the same thing again and again. The submissions sought an early setting up of a fresh bench to hear Bilkis Bano's plea challenging the remission …

Supreme Court Refuses To Entertain Plea Seeking To Set Up Anti-Corruption Courts In All Districts
2 years, 4 months ago

Supreme Court Refuses To Entertain Plea Seeking To Set Up Anti-Corruption Courts In All Districts

Live Law  

Supreme Court bench comprising CJI UU Lalit, Justice Ravindra Bhat and Justice Bela M. Trivedi on Monday refused to entertain a plea seeking the setting up of anti-corruption courts with a mandate to dispose of each case within a year in all districts across India. "Due to long pendency of cases and week anti-corruption laws, none of the welfare schemes …

[Judges' Appointment] No Reason To Assume That Collegium Isn't Mindful Of Its Duty: Uttarakhand High Court
2 years, 5 months ago

[Judges' Appointment] No Reason To Assume That Collegium Isn't Mindful Of Its Duty: Uttarakhand High Court

Live Law  

Dealing with a Public Interest Litigation plea pertaining to the appointment of judges in the HC as per the sanctioned strength, the Uttarakhand High Court recently observed that it is the Job of the HC Collegium to make the recommendations and that there is no reason to assume that the collegium is not mindful of its duty, or that it …

No Priority For MPs/MLAs In Hearing Of Criminal Appeals : Supreme Court Clarifies
3 years, 6 months ago

No Priority For MPs/MLAs In Hearing Of Criminal Appeals : Supreme Court Clarifies

Live Law  

The Supreme Court on Wednesday observed that its order to expedite trial in criminal cases against MPs and MLAs should not be understood as a mandate to give out-of-turn hearing of their criminal appeals.A Special Bench comprising CJI Ramana, Justice DY Chandrachud and Justice Surya Kant was hearing a plea filed regarding pendency of criminal cases against MPs & MLAs …

SC Constitution Bench To Hold Its First 'Virtual' Sitting Tomorrow
4 years, 8 months ago

SC Constitution Bench To Hold Its First 'Virtual' Sitting Tomorrow

Live Law  

In a first, a five judge Constitution bench will hold a 'virtual sitting' tomorrow to hear a batch of cases which raises the issue whether the states can provide reservation to in-service candidates to PG Courses. The five judge bench comprising of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose would sit in 'Virtual Court no.3' at …

Availing Of Civil Remedy Is Not A Ground To Quash Criminal Proceedings, Reiterates SC [Read Order]
5 years, 1 month ago

Availing Of Civil Remedy Is Not A Ground To Quash Criminal Proceedings, Reiterates SC [Read Order]

Live Law  

The Supreme Court has reiterated that, even if a civil remedy is availed by a party, he is not precluded from setting in motion the proceedings in criminal law.The bench comprising of Justice Uday Umesh Lalit and Justice Vineet Saran said that, in certain cases the very same set of facts may give rise to remedies in civil as well …

Supreme Court Monthly Digest- August 2019
5 years, 5 months ago

Supreme Court Monthly Digest- August 2019

Live Law  

Section 313 CrPC: Inculpatory Material As Not Put To The Accused Must Be Eschewed Samsul Haque vs. State of Assam The Supreme Court has reiterated that the incriminating material that came in evidence is to be put to the accused during his examination under Section 313 of the Criminal Procedure Code.The bench comprising Justice Sanjay Kishan Kaul and Justice KM …

Opaque collegium system prisoner of top judges' whims; body's every decision is suspicious and arbitrary
6 years, 2 months ago

Opaque collegium system prisoner of top judges' whims; body's every decision is suspicious and arbitrary

Firstpost  

The newly constituted Supreme Court collegium with the induction of Justice Arun Misra in it, upon the retirement of the then senior-most judge Justice Madan B Lokur, has rescinded the decision of the collegium taken on 12 December, 2018. On 10 January, 2019, collegium comprising Chief Justice of India Ranjan Gogoi, Justices AK Sikri, SA Bobde, NV Ramana and Arun …

Manipur fake encounters: Supreme Court dismisses police plea on judges' recusal, says it is without any basis
6 years, 4 months ago

Manipur fake encounters: Supreme Court dismisses police plea on judges' recusal, says it is without any basis

Firstpost  

Besides the personnel of Manipur Police, the court has also been moved by over 300 serving Army officers and personnel against the dilution of Armed Forces Special Powers Act that gives immunity to the military from prosecution for actions in disturbed areas where it is in force. New Delhi: The Supreme Court on Monday dismissed a plea filed by some …

SC Dismisses Plea Seeking Recusal Of Judges Hearing Manipur Fake Encounter Cases
6 years, 4 months ago

SC Dismisses Plea Seeking Recusal Of Judges Hearing Manipur Fake Encounter Cases

Live Law  

The Supreme Court Monday dismissed a plea filed by some Manipur Police personnel seeking recusal of judges of the bench in Manipur fake encounter cases in which the CBI Special Investigation Team is carrying out a probe.A bench comprising Justices Madan B Lokur and U U Lalit said that there was no reason for these policemen to doubt the SIT …

SC Dismisses Plea Seeking Recusal Of Judges Hearing Manipur Fake Encounter Cases
6 years, 4 months ago

SC Dismisses Plea Seeking Recusal Of Judges Hearing Manipur Fake Encounter Cases

Live Law  

The Supreme Court Monday dismissed a plea filed by some Manipur Police personnel seeking recusal of judges of the bench in Manipur fake encounter cases in which the CBI Special Investigation Team is carrying out a probe.A bench comprising Justices Madan B Lokur and U U Lalit said that there was no reason for these policemen to doubt the SIT …

Trial court employee wanted to make a film on injustices by Judges in Court, Punjab and Haryana HC denies, orders inquiry
6 years, 4 months ago

Trial court employee wanted to make a film on injustices by Judges in Court, Punjab and Haryana HC denies, orders inquiry

Op India  

In a controversial order, the Punjab and Haryana High Court has reportedly issued a diktat directing a lower court in Mansa, Punjab to initiate action against a trial court staff member for requesting the High Court to produce a film on his job experience and injustices meted out in the courts. The bizarre incident took place when Harmeet Singh Tinku, …

Supreme Court to hear pleas seeking disqualification of lawmakers, say 'criminalisation' should not enter politics
6 years, 7 months ago

Supreme Court to hear pleas seeking disqualification of lawmakers, say 'criminalisation' should not enter politics

Firstpost  

New Delhi: The Supreme Court Thursday commenced hearing on pleas seeking to bar persons facing serious criminal charges from contesting elections saying “criminalisation” should not enter “our political system”. A five-judge constitution bench headed by Chief Justice Dipak Misra, also referred to the doctrine of separation of power and said the courts should not cross “lakshman rekha” and venture into …

Live Streaming Of Supreme Court Cases—An Idea Whose Time Has Come
6 years, 8 months ago

Live Streaming Of Supreme Court Cases—An Idea Whose Time Has Come

Live Law  

The brilliant move by the Supreme Court in declaring its support for live streaming of its cases, in two PILs filed by Senior Advocate Indira Jaising and Swapnil Tripathi, comes at a time when there is serious trust deficit in the workings of the court. The bench of Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud should …

Supreme Court bench headed by CJI refuses to restrain media from reporting on judges' row
7 years, 2 months ago

Supreme Court bench headed by CJI refuses to restrain media from reporting on judges' row

Firstpost  

The Supreme Court on Thursday refused to entertain a plea seeking to restrain the media from publishing reports relating to a row among its judges even as Chief Justice Dipak Misra held a closed-door meeting with four rebel judges. New Delhi: The Supreme Court on Thursday refused to entertain a plea seeking to restrain the media from publishing reports relating …

Supreme Court bench headed by CJI dismisses plea seeking ban on media from discussing issues raised by rebel judges
7 years, 2 months ago

Supreme Court bench headed by CJI dismisses plea seeking ban on media from discussing issues raised by rebel judges

Firstpost  

The Supreme Court refused to entertain a plea seeking to restrain the media from publishing, discussing and politicising issues raised by four senior-most judges. New Delhi: The Supreme Court on Thursday refused to entertain a plea seeking to restrain the media from publishing, discussing and politicising issues raised by four senior-most judges in the 12 January press conference. A bench …

Categorise Undertrial Cases As ‘Priority Sector Litigation’: J&K HC [Read Order]
7 years, 2 months ago

Categorise Undertrial Cases As ‘Priority Sector Litigation’: J&K HC [Read Order]

Live Law  

The fate of an accused can’t be kept hanging like that of a “Trishunka” on the absolute discretion of the trial judge, the court said.The Jammu and Kashmir High Court has reiterated the need to categorize cases relating to undertrial prisoners as a priority sector litigation.Justice MK Hanjura made this observation while rejecting bail plea of an accused who is …

Supreme Court takes up plea for probe against former judge
7 years, 4 months ago

Supreme Court takes up plea for probe against former judge

Deccan Chronicle  

New Delhi: In an unprecedented move, Justice J. Chelameswar, second seniormost Judge of the Supreme Court, on Thursday entertained a PIL for a probe by a special investigation team into alleged medical admission scam involving a retired Orissa High Court Judge I.M. The bench, which included Justice Abdul Nazeer, issued notice to the Centre and the Central Bureau of Investigation …

SC Agrees to Hear Petition on Investigation of Judicial Bribery
7 years, 4 months ago

SC Agrees to Hear Petition on Investigation of Judicial Bribery

The Quint  

On a day of high drama, a Supreme Court bench consisting of Justices J Chelameshwar and Abdul Nazeer referred a PIL asking for a detailed investigation into allegations of bribery against a retired Orissa High Court judge to a Constitution Bench. The five judge bench will consist five of the apex court’s senior-most judges, and will sit to hear the …

No early hearing on tainted politicians
7 years, 11 months ago

No early hearing on tainted politicians

Deccan Chronicle  

New Delhi: The Supreme Court on Monday declined the plea for an urgent hearing a batch of petitions raising an important question of law, whether a person facing a criminal case in a heinous crime can be disqualified from contesting Assembly or Parliamentary elections at the stage of filing chargesheet or framing of charges or only after conviction. Khehar told …

Supreme Court Weekly Round-Up
8 years, 3 months ago

Supreme Court Weekly Round-Up

Live Law  

High Court Is Not A Disciplinary AuthorityThe Supreme Court in Chief Executive Officer, Krishna District Cooperative Central Bank Ltd. and Another vs. K. Hanumantha Rao and Another, set aside an impugned judgment of a division bench of the Andhra Pradesh High Court holding that decision qua the nature and quantum is the prerogative of the disciplinary authority and it is …

Supreme Court Weekly Round-Up
8 years, 5 months ago

Supreme Court Weekly Round-Up

Live Law  

Ex-Policeman Accused Of Killing Wife The Supreme Court acquitted an ex-police constable, who was convicted by the trial court and high court under Section 302 of the Indian Penal Code and resultantly sentenced to suffer imprisonment for life and also to pay fine of ₹10,000 for killing his wife.SC Refuses To Review Death Penalty Of Ex-Cop Umesh In Rape-Murder CaseThe …

Supreme Court Weekly Round-Up
8 years, 6 months ago

Supreme Court Weekly Round-Up

Live Law  

No prohibition in giving weightage to service rendered by daily wages employeesThe Supreme Court of India clarified that, its Judgment in Secretary, State of Karnataka vs. Uma Devi has not prohibited the State from giving weightage for the service rendered by employees where services were used by the State either temporarily or on adhoc bases, including daily wage basis, irrespective …

Court cannot appreciate the entire evidence de novo in a routine manner while hearing Criminal Appeals: SC [Read Judgment]
8 years, 8 months ago

Court cannot appreciate the entire evidence de novo in a routine manner while hearing Criminal Appeals: SC [Read Judgment]

Live Law  

A two Judge Bench of the Supreme Court has held that the Supreme Court cannot appreciate the entire evidence de novo in a routine manner while hearing Criminal Appeals, and that too when the conviction is based on concurrent findings of two courts.The Two Judge Bench of Justices Abhay Manohar Sapre and Ashok Bhushan has further held that It is …

Court cannot appreciate the entire evidence de novo in a routine manner while hearing Criminal Appeals: SC [Read Judgment]
8 years, 8 months ago

Court cannot appreciate the entire evidence de novo in a routine manner while hearing Criminal Appeals: SC [Read Judgment]

Live Law  

A two Judge Bench of the Supreme Court has held that the Supreme Court cannot appreciate the entire evidence de novo in a routine manner while hearing Criminal Appeals, and that too when the conviction is based on concurrent findings of two courts.The Two Judge Bench of Justices Abhay Manohar Sapre and Ashok Bhushan has further held that It is …

Supreme Court Weekly Round-Up
8 years, 11 months ago

Supreme Court Weekly Round-Up

Live Law  

Leases of Mining Companies will not be lapsed automaticallySupreme Court held that lapse of mining lease as contemplated under Section 4A of the Mines and Minerals Act, 1957 is not automatic, and that, for a lease to lapse, express order needs to be passed.Costs imposed on 26 States and 7 UTs for failure to file responses in prison reform caseThe …

Supreme Court Weekly Round-Up
8 years, 11 months ago

Supreme Court Weekly Round-Up

Live Law  

Leases of Mining Companies will not be lapsed automaticallySupreme Court held that lapse of mining lease as contemplated under Section 4A of the Mines and Minerals Act, 1957 is not automatic, and that, for a lease to lapse, express order needs to be passed.Costs imposed on 26 States and 7 UTs for failure to file responses in prison reform caseThe …

Supreme Court Weekly Round-Up
9 years, 1 month ago

Supreme Court Weekly Round-Up

Live Law  

SC upholds Army’s “command and exit policy”A Division Bench of the Supreme Court on Monday upheld the Indian Army’s 2009 “command and exit policy” allowing preferential promotion for officers serving in the command unit. SC upholds Army’s “command and exit policy” A Division Bench of the Supreme Court on Monday upheld the Indian Army’s 2009 “command and exit policy” allowing …

Judges can't be appointed under 'hit-and-trial' method: Supreme Court |IndiaTV News
9 years, 9 months ago

Judges can't be appointed under 'hit-and-trial' method: Supreme Court |IndiaTV News

India TV News  

Judges can't be appointed under 'hit-and-trial' method: Supreme Court New Delhi: The Supreme Court today tersely told the Centre that appointment of judges in higher judiciary is a "serious" business and cannot be left either to the "hit-and-trial" method or to the mercy of New Delhi: The Supreme Court today tersely told the Centre that appointment of judges in higher …

SC Constitution Bench slams M L Sharma for filing plea on rubbish grounds, issues notice
9 years, 10 months ago

SC Constitution Bench slams M L Sharma for filing plea on rubbish grounds, issues notice

Live Law  

Advocate M L Sharma was served a show cause notice today by a five member bench headed by Justice Khehar for making ‘scandalous’ and ‘irresponsible’ allegations in his PIL challenging the new law on appointment of judges for higher judiciary. The bench directed Sharma to respond within a week why he should not be "debarred" from filing any public interest …

Lessons from a verdict
9 years, 10 months ago

Lessons from a verdict

The Hindu  

Three conclusions may be drawn from the Supreme Court >ruling that the Tamil Nadu government did not have the jurisdiction to appoint a Special Public Prosecutor to handle the appeals filed by former Chief Minister Jayalalithaa. Fears that the disposal of the appeals made in the Karnataka High Court by Ms. Jayalalithaa and her three associates against their four-year jail …

Release undertrials who have spent half their term, rules Supreme Court
10 years, 6 months ago

Release undertrials who have spent half their term, rules Supreme Court

India TV News  

New Delhi: The Supreme Court Friday ordered the release of all undertrials who have already spent in jail half of the period of the sentence for the crime for which they have been charged with. The court said that two months' drive, starting from Oct 1, will see a sessions judge and judicial officers subordinate to him visiting the jails …

Bench hunting: Is ‘Gopal Gate’ the only instance?
10 years, 8 months ago

Bench hunting: Is ‘Gopal Gate’ the only instance?

Live Law  

I take the liberty to call it a ‘Gate’ cause it seems to me so! The constitutional duty bestowed upon the judges to uphold the rule of law can only be fully subscribed to, if the people elevated to bench are awarded due respect and honour so that they can hold the. The constitutional duty bestowed upon the judges to …

Plots to HC judges, lawmakers: SC refuses to hear PIL
11 years, 1 month ago

Plots to HC judges, lawmakers: SC refuses to hear PIL

India TV News  

New Delhi: The Supreme Court today declined to entertain a PIL seeking cancellation of allotment of plots, allegedly in arbitrary and discriminatory manner, to judges of high courts of Odisha and Gujarat, by brushing aside the plea that refusal to hear the matter will send a wrong message. “We decline to entertain the writ petition. However, the petitioners are at …

?Trial court was in a hurry to acquit Manu Sharma?
18 years, 2 months ago

?Trial court was in a hurry to acquit Manu Sharma?

Hindustan Times  

The Delhi High Court has said the tone of the trial court’s judgment in the murder case of model Jessica Lall indicated that Additional Sessions Judge SL Bhayana was in a hurry to acquit Manu Sharma and the other accused. “Contradictions glaring” The judges further pointed out, “the trial court itself relies upon this witness to show the presence of …

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