Speaking to the State for citizens
1 month, 3 weeks ago

Speaking to the State for citizens

Hindustan Times  

That the executive needed to be reminded of its role is worrying, albeit not surprising. In recent years, especially, partly from a desire to appear decisive and responsive, and partly to pander to the public’s demand for immediate retributive justice, several state governments have started subscribing to what they popularly term “bulldozer justice”, the demolition of the properties of those accused of crimes. On Wednesday, following an order in September when it said it would issue guidelines for demolitions, the Supreme Court did so, specifying the details of the process that needs to be followed while demolishing even those properties that violate some laws or encroach on public land. The bench was critical of the approach of the state governments, pointing out that the selective nature of demolitions made their actions appear retributory: Many of the victims were in the State’s crosshairs for their political, and worse, in some cases, religious beliefs. Understandably, the apex court has held that such action “reminds one of a lawless state of affairs, where ‘might was right’”.

India Supreme Court State  speaking  governments  supreme  court  demolitions  state  citizens  india  punishment  justice  executive  retributive

History of this topic

Supreme Court in 2024: A year of landmark verdicts and key developments
1 week, 4 days ago

Supreme Court in 2024: A year of landmark verdicts and key developments

Hindustan Times  

The year 2024 was an important one for the Supreme Court of India, marked by transformative judgments that reshaped constitutional and legal landscapes, reaffirmed the commitment to individual liberties, and underscored the principles of equality. The court also overturned an Allahabad high court decision invalidating the Uttar Pradesh Board of Madarsa Education Act, 2004, reiterating the importance of state oversight …

Breaking News: Supreme Court to Rule Today on Arvind Kejriwal's Bail Plea in CBI Case | ABP News
3 months, 4 weeks ago

Breaking News: Supreme Court to Rule Today on Arvind Kejriwal's Bail Plea in CBI Case | ABP News

ABP News  

The Supreme Court of India is set to deliver its judgment on September 13, 2024, regarding Delhi Chief Minister Arvind Kejriwal’s petition for release from custody and a request for bail. Kejriwal’s petition challenges the Delhi High Court's decision from August 5, 2024, which upheld his arrest by the Central Bureau of Investigation in relation to the Delhi Excise Policy …

The top court as custodian of liberties
4 months, 4 weeks ago

The top court as custodian of liberties

The Hindu  

Former Delhi Deputy Chief Minister Manish Sisodia’s enlargement on bail by the Supreme Court of India, after an unconscionably long incarceration, is a welcome vindication of the apex court’s remit as custodian of individual liberties. In an eloquent exposition of its mandate, the Court reiterated that ‘a constitutional court has to lean in favour of constitutionalism and the rule of …

Taxing rights and wrongs
5 months, 2 weeks ago

Taxing rights and wrongs

Hindustan Times  

The 8-1 Constitution bench judgment of the Supreme Court allowing states to tax minerals over and above royalty payments could have far-reaching implications for both the Indian economy and federalism. This is a problem which is present across the spectrum, from big capital owned large mining operations to local level mining mafia engaged in activities such as sand mining. Unless …

DC Edit | Lower courts need to keep a better vigil on citizen’s rights
7 months, 3 weeks ago

DC Edit | Lower courts need to keep a better vigil on citizen’s rights

Deccan Chronicle  

The order of the Supreme Court holding the arrest and remand of founder editor of online portal newsclick.com Prabir Purkayastha “invalid in the eyes of law” and directing his release from jail not only restores his fundamental rights as a citizen but also exposes a ploy of the government at the Centre that it has been successfully employing to intimidate …

The judiciary’s shadow over standard essential patents
8 months, 1 week ago

The judiciary’s shadow over standard essential patents

The Hindu  

There is a possible crisis brewing in India over the manner in which certain technology companies are wielding ‘standard essential patents’ against the telecom manufacturing sector in India. While the competition law issues remained mired in litigation, the Delhi High Court proceeded to hear lawsuits filed by Ericsson and other SEPs owners against manufacturers of cellular phones on the question …

CJI says safeguards in new criminal laws will protect rights of citizens
8 months, 3 weeks ago

CJI says safeguards in new criminal laws will protect rights of citizens

The Hindu  

Describing the new criminal justice system as a “watershed moment for our society”, Chief Justice of India D.Y. Recording search operations Justice Chandrachud said that these laws have transitioned India’s legal framework on criminal justice into a new age. But this issue has been part of political discourse in elections.” Privacy concerns Asserting that the criminal justice system was set …

'Unresolved Crimes Erode Public Trust In Institutions': Supreme Court Orders CBI Probe Into Death Of Manipuri Woman In Delhi In 2013
9 months, 2 weeks ago

'Unresolved Crimes Erode Public Trust In Institutions': Supreme Court Orders CBI Probe Into Death Of Manipuri Woman In Delhi In 2013

Live Law  

Recently, the Supreme Court held that the power of the constitutional courts to transfer the investigation to the CBI must be exercised sparingly and in exceptional circumstances, however, the constitutional courts aren't restrained to transferring the investigation to the CBI for doing complete justice and ensuring there is no violation of fundamental rights.Observing so, the Court. Recently, the Supreme Court …

Supreme Court Refuses To Stay Law Dropping CJI From Panel To Select Election Commissioners, Posts Matter To April 2024
10 months, 4 weeks ago

Supreme Court Refuses To Stay Law Dropping CJI From Panel To Select Election Commissioners, Posts Matter To April 2024

Live Law  

The Supreme Court on Tuesday refused to stay the operation of Section 7 of the Chief Election Commissioner and Other Election Commissioners Act, 2023 in a fresh petition challenging the Constitutionality of the provision.While issuing notice on the plea moved by the Association for Democratic Reforms, the Bench of Justices Sanjiv Khanna and Dipankar Datta noted that a similar. The …

Legal Impact Of 2014 Specific Judgment on Section 6A(1) of Delhi Police Special Establishment Act
1 year, 4 months ago

Legal Impact Of 2014 Specific Judgment on Section 6A(1) of Delhi Police Special Establishment Act

Live Law  

In a significant development, a constitution bench of the Supreme Court on Monday declared that its 2014 judgment, which declared Section 6A of the Delhi Special Police Establishment Act 1946 as unconstitutional, will have retrospective effect. Section 6A of the DSPE Act required the Central Bureau of Investigation to obtain prior sanction from the central government to investigate corruption cases …

Delhi High Court Issues Criminal Contempt Notice To Litigant Seeking Death Penalty For Single Judge, Making 'Whimsical Allegations'
1 year, 4 months ago

Delhi High Court Issues Criminal Contempt Notice To Litigant Seeking Death Penalty For Single Judge, Making 'Whimsical Allegations'

Live Law  

The Delhi High Court has issued show cause notice for criminal contempt to a litigant who sought death penalty for a single judge for dismissing his pleas and made 'whimsical and objectionable allegations' not only against the judge but also the government officials as well as the Supreme Court of India.“These averments, extracted hereinabove, are prima facie aimed at scandalising …

SC refers Delhi govt’s plea challenging Centre's services ordinance to five-judge Constitution bench
1 year, 5 months ago

SC refers Delhi govt’s plea challenging Centre's services ordinance to five-judge Constitution bench

Firstpost  

The Supreme Court on Thursday referred to a five-judge Constitution bench the Delhi government’s plea challenging the recent Ordinance promulgated by the Centre to take away “services” from the control of Arvind Kejriwal-led AAP government The Supreme Court on Thursday referred to a five-judge Constitution bench the Delhi government’s plea challenging the recent ordinance promulgated by the Centre to take …

Delhi Ordinance case: Supreme Court may refer case to Constitution Bench
1 year, 5 months ago

Delhi Ordinance case: Supreme Court may refer case to Constitution Bench

The Hindu  

The Supreme Court on July 17 said it may refer the Delhi government’s petition against a Central Ordinance, which effectively gives power over civil services in the national capital to the Lieutenant Governor, to a Constitution Bench for an authoritative pronouncement. Contest over Delhi rule Key points that the Delhi government and the Centre raised in the Supreme Court: DELHI …

SC to hear Delhi govt's plea challenging Centre’s ordinance on control of services today
1 year, 6 months ago

SC to hear Delhi govt's plea challenging Centre’s ordinance on control of services today

India TV News  

Delhi ordinance: The Supreme Court on Monday will hear a plea filed by the Delhi Government challenging the constitutional validity of the ordinance brought in by the Centre with regard to control over services in the national capital. ‘Unconstitutional exercise of executive fiat’ The Aam Aadmi Party Government had approached the apex court against the Government of National Capital Territory …

Hold Stakeholder Consultation On Draft Advocates Protection Bill: High Court To Delhi Govt
1 year, 7 months ago

Hold Stakeholder Consultation On Draft Advocates Protection Bill: High Court To Delhi Govt

Live Law  

The Delhi High Court on Thursday asked the Delhi Government to hold stakeholder consultation on the draft Delhi Advocates Bill, 2023 which seeks to provide safety and security to lawyers from incidents of assaults, killings, intimidation and threats.Advocate KC Mittal appearing for the Bar Council of Delhi told Justice Prathiba M Singh that the first draft of the bill has. …

Centre moves SC seeking review of May 11 verdict on services row
1 year, 7 months ago

Centre moves SC seeking review of May 11 verdict on services row

Deccan Chronicle  

NEW DELHI: The Centre has moved the Supreme Court seeking review of its May 11 verdict which held that the Delhi government has legislative and executive powers over the administration of services except for public order, police and land. A five-judge constitution bench headed by Chief Justice D Y Chandrachud, in a unanimous verdict, had put an end to the …

SC to give political closure to Delhi-Centre bureaucracy row
1 year, 8 months ago

SC to give political closure to Delhi-Centre bureaucracy row

Hindustan Times  

The Supreme Court will on Thursday rule on whether the control over Delhi’s bureaucratic machinery lies with the elected government or the lieutenant governor, a Constitution bench judgment that will become a key determinant in the struggle between the two power centres in the national Capital. This is the second matter relating to the fight between the Centre and the …

High Court Seeks Response Of Centre, Delhi Govt On Plea To Consider Enacting Advocates Protection Act In National Capital
1 year, 8 months ago

High Court Seeks Response Of Centre, Delhi Govt On Plea To Consider Enacting Advocates Protection Act In National Capital

Live Law  

The Delhi High Court on Wednesday sought response of the Union of India and Delhi Government on a plea seeking directions upon them to consider enacting the Advocates Protection Act in the national capital.Advocate KC Mittal appearing for the Bar Council of Delhi told Justice Prathiba M Singh that the lawyers’ body and the Coordination Committee of Bar Associations of …

Plea In High Court Seeks Direction For Centre, Delhi Govt To Consider Enacting Advocates Protection Act In National Capital
1 year, 9 months ago

Plea In High Court Seeks Direction For Centre, Delhi Govt To Consider Enacting Advocates Protection Act In National Capital

Live Law  

A plea has been filed in the Delhi High Court seeking directions for the Union of India and Delhi government to consider enacting the Advocates Protection Act in the national capital. The petition filed by lawyers Deepa Joseph and Alpha Phiris Dayal alleges that there is an "alarming rise" in incidents of violence inside the court premises of different district …

Before Supreme Court, Centre Objects To Delhi CM's Protests Against LG Amidst Hearing
1 year, 11 months ago

Before Supreme Court, Centre Objects To Delhi CM's Protests Against LG Amidst Hearing

Live Law  

The Central Government on Tuesday raised objections before the Supreme Court to the Delhi Chief Minister Arvind Kejriwal holding public protests against the Lieutenant Governor in the middle of the hearing in the dispute related to control of civil services in the Government of National Capital Territory of Delhi.As soon as the 5-judge Constitution Bench assembled to begin the hearing,. …

DC Edit | Govt must not bait judges, move to evolve system first
2 years ago

DC Edit | Govt must not bait judges, move to evolve system first

Deccan Chronicle  

If the statements of Union law minister Kiren Rijiju in Parliament on the Supreme Court hearing bail petitions and on the pendency of cases in the country, reflect the government’s approach and attitude to the judiciary, then it is extremely unfortunate. The minister, while moving the New Delhi International Arbitration Centre Bill, told the Rajya Sabha on Wednesday that if …

A crucial push for civil liberty
2 years, 1 month ago

A crucial push for civil liberty

Hindustan Times  

In a democracy, the judiciary performs several functions. Therefore, Chief Justice of India Dhananjaya Y Chandrachud’s decision last week to prioritise matters of personal liberty and grant immediate hearing to petitions asking for bail is a laudable step. Justice Chandrachud said a full court meeting adopted a resolution to hear 10 bail matters and 10 transfer petitions each day of …

Former Judges Release Report Criticising Govt, Media, Police Role In Delhi Riots
2 years, 3 months ago

Former Judges Release Report Criticising Govt, Media, Police Role In Delhi Riots

The Quint  

Over two years after the Delhi riots, a scathing indictment of the Delhi police, the Central government, and the Delhi government, has come in the form of a report authored by a committee of former Supreme Court and High Court judges. The report, titled ‘Uncertain Justice: A Citizens Committee Report on the North East Delhi Violence 2020’, states that: “The …

Supreme Court Constitution bench to hear on 9 November plea related to Delhi-Centre row over control of services
2 years, 3 months ago

Supreme Court Constitution bench to hear on 9 November plea related to Delhi-Centre row over control of services

Firstpost  

New Delhi: The Supreme Court on Tuesday said a five-judge Constitution bench would hear on November 9 the legal issue concerning the scope of legislative and executive powers of the Centre and Delhi government over control of services in the national capital. Earlier, the apex court on 22 August had said that a Constitution bench headed by Justice Chandrachud has …

A good start by CJI Lalit
2 years, 4 months ago

A good start by CJI Lalit

Hindustan Times  

The first week of the new Chief Justice of India, Uday Umesh Lalit, has seen a flurry of activity in the Supreme Court. The apex court, which was dogged by rising pendency of cases and irregular listing of some petitions, has disposed of 1,800 cases in the first four days of his tenure, this newspaper reported last week. In addition, …

Puttaswamy, five years on
2 years, 4 months ago

Puttaswamy, five years on

Hindustan Times  

Five years ago, on this day, the Supreme Court made one its most important judgments. A nine-judge Constitutional bench ruled that the fundamental right protections under the Constitution’s Part III extend to an individual’s privacy. By recognising privacy as an independently enforceable right, the court bolstered freedom of expression and specified that citizens have the right against arbitrary, unregulated State …

A new judicial device for ‘complete justice’
2 years, 5 months ago

A new judicial device for ‘complete justice’

The Hindu  

Mohammed Zubair, the co-founder of Alt News, continues to be in prison despite the Supreme Court of India, last Friday, granting him interim bail, because of remand in another case by the Delhi police. The Court Challenges before judiciary The Supreme Court of India is regarded as the world’s most powerful top court, on account of its wide power of …

DC Edit | SC faces tough challenge over rule of law in Delhi
2 years, 8 months ago

DC Edit | SC faces tough challenge over rule of law in Delhi

Deccan Chronicle  

India’s Supreme Court was making a point before the republic’s rulers about the importance of the rule of law when it ordered the status quo in Delhi’s Jahangirpuri area on Wednesday, as the North Delhi Municipal Corporation was busy with its demolition drive. It took repeated interventions by Chief Justice of India N.V. Ramana and Ms Karat’s physical presence in …

Bizarre That Elected Govt Of Delhi Can't Appoint & Transfer Officers Without LG's Approval: Sr Adv AM Singhvi Before Supreme Court
2 years, 10 months ago

Bizarre That Elected Govt Of Delhi Can't Appoint & Transfer Officers Without LG's Approval: Sr Adv AM Singhvi Before Supreme Court

Live Law  

While considering a request for an urgent hearing of the matter, the Supreme Court on Thursday agreed to hear on April 6th the legal dispute between the Delhi Government and the Central Government regarding control over administrative services in the national capital.A Bench comprising CJI NV Ramana, Justice AS Bopanna and Justice Hima Kohli issued the direction after considering submissions. …

Government can’t be adversary to those who come to court for protection of basic rights: Supreme Court
3 years, 2 months ago

Government can’t be adversary to those who come to court for protection of basic rights: Supreme Court

The Hindu  

The Supreme Court in the Pegasus case underlined the principle that the Government cannot take an “adversarial position” when the fundamental rights of citizens are under threat. The apex court, in its Pegasus order, said it had no intention to encroach into the “political thicket”, but it also would not cower when the fundamental rights of citizens were at stake. …

Delhi High Court Seeks Centre's Response On Pleas Challenging GNCTD Amendment Act Enhancing Powers Of Delhi LG
3 years, 5 months ago

Delhi High Court Seeks Centre's Response On Pleas Challenging GNCTD Amendment Act Enhancing Powers Of Delhi LG

Live Law  

Delhi High Court on Friday granted time to the Central Government to file its reply on a batch of petitions challenging the vires of GNCTD Amendment Act, 2021 which purportedly enhances the powers of the Lieutenant Governor of Delhi.A division bench comprising of Chief Justice DN Patel and Justice Jyoti Singh allowed the request made by Advocate Ajay Digpaul, seeking …

Delhi High Court Issues Notice In Another Plea Challenging Vires Of GNCTD Act Enhancing Powers Of Delhi LG
3 years, 7 months ago

Delhi High Court Issues Notice In Another Plea Challenging Vires Of GNCTD Act Enhancing Powers Of Delhi LG

Live Law  

The Delhi High Court on Tuesday issued notice in another plea challenging the vires of GNCTD Act, 2021 enhancing powers of the Lieutenant Governor of Delhi as being unconstitutional.A division bench comprising of Chief Justice DN Patel and Justice Jyoti Singh issued notice to Union of India and Delhi LG which is returnable on June 4.The plea filed by Vishwanath …

Delhi High Court Issues Notice On Plea Challenging GNCTD Amendment Act Giving More Powers To Delhi LG
3 years, 8 months ago

Delhi High Court Issues Notice On Plea Challenging GNCTD Amendment Act Giving More Powers To Delhi LG

Live Law  

The Delhi High Court on Tuesday issued notice in a plea challenging the vires of Government of NCT of Delhi Act 2021 as being ultra vires Art. 13, 14, 19 and 239AA of the Constitution of India.A division bench comprising of Chief Justice DN Patel and Justice Jasmeet Singh issued notice in the plea and sought response of the Central …

94-Year-Old Widow Moves SC Seeking For Declaration Of Emergency Of 1975 As Unconstitutional And For Compensation Of Rs. 25 Crores
4 years, 1 month ago

94-Year-Old Widow Moves SC Seeking For Declaration Of Emergency Of 1975 As Unconstitutional And For Compensation Of Rs. 25 Crores

Live Law  

A 94 year-old widow has moved the Supreme Court, seeking for the Proclamation of Emergency in 1975 to be declared as unconstitutional and for a compensation to the tune of Rs. Relying on the 2017 judgment ofwhich overruled the 5-Judge Bench decision in, the plea states that the burial of the darkest chapter in Indian democracy is yet to provide …

Delhi Government Designates One Court in Each District As 'Human Rights Court'
4 years, 1 month ago

Delhi Government Designates One Court in Each District As 'Human Rights Court'

Live Law  

The Department of Law, Justice and Legislative Affairs of the Delhi Government has issued a notification to designate the court of Additional Sessions Judge-02 in each District in the National Capital Territory of Delhi as a Human Rights Court. Issued on 24November, the notification states that, in pursuance of the powers conferred by Section 30 of the Protection of Human …

Delhi High Court Seeks CBI's Response On Special Court Order For Further Investigation In A Corruption Case Against Maneka Gandhi
4 years, 1 month ago

Delhi High Court Seeks CBI's Response On Special Court Order For Further Investigation In A Corruption Case Against Maneka Gandhi

Live Law  

The Delhi High Court on Friday issued notice to the CBI on BJP MP Maneka Gandhi's plea challenging a trial court order rejecting its closure report in a graft case against her and two others and directing further investigation in the matter. The then Special Judge CBI at Patiala House Courts while contemplating the said closure report directed for reinvestigation …

A people’s court must be open to public accountability
4 years, 4 months ago

A people’s court must be open to public accountability

Live Mint  

The Supreme Court’s recent contempt judgement against Prashant Bhushan has again raised the question of what is considered legitimate criticism of India’s higher judiciary. The Supreme Court has evolved the judicial appointment system and enlarged its public interest litigation jurisprudence well beyond its original constitutional mandate, effectively converting itself into a people’s court. But after Indira Gandhi’s authoritarian rule during …

When CORONA Says 'See you in Court!': The Breadth Of Challenges Before The Indian Courts
4 years, 9 months ago

When CORONA Says 'See you in Court!': The Breadth Of Challenges Before The Indian Courts

Live Law  

They say that emergency situations are wake up calls. This is also why in India, what the Supreme Court does will have a bearing on all the other courts and broadly on the Indian legal system itself. The initiative of the Indian Supreme Court to use video conferencing facility for hearing urgent matters, which has now been adopted by most …

Delhi Riots: Justice Not Done
4 years, 10 months ago

Delhi Riots: Justice Not Done

Live Law  

The Delhi High Court's handling of the petition seeking FIRs against the BJP leaders for their alleged hate speeches on February 27 amounts to abdication of constitutional duty. Yet, the Bench presided by Chief Justice D N Patel and Justice Hari Shankar acceded to the Centre's argument that "the time was not conducive to file FIRs related to the alleged …

Delhi violence: Supreme Court agrees to hear plea seeking FIRs against politicians, others
4 years, 10 months ago

Delhi violence: Supreme Court agrees to hear plea seeking FIRs against politicians, others

India TV News  

The Supreme Court on Monday agreed to hear on March 4 a plea seeking lodging of FIRs against politicians and others for their purported hate speeches which allegedly led to recent violence in Delhi. Senior advocate Colin Gonsalves, appearing for the petitioners, told the bench that the Delhi High Court has deferred the pleas on Delhi violence for four weeks …

Day after Justice Murlidhar rakes Delhi Police over coals, HC gives Centre 4 weeks to respond to PIL seeking BJP leaders' arrest
4 years, 10 months ago

Day after Justice Murlidhar rakes Delhi Police over coals, HC gives Centre 4 weeks to respond to PIL seeking BJP leaders' arrest

Firstpost  

The day after a bench headed by Justice S Murlidhar castigated the Delhi Police for its ‘inaction’ and said the court did not “want a repeat of 1984”, a new bench gave the Centre and police four weeks to reply to a Public Interest Litigation seeking FIRs against three BJP leaders for alleged hate speeches and said that the next …

2012 Delhi gangrape case: Repeated delays in execution of convicts incentivises vigilante justice; erodes faith in India’s criminal justice system
4 years, 11 months ago

2012 Delhi gangrape case: Repeated delays in execution of convicts incentivises vigilante justice; erodes faith in India’s criminal justice system

Firstpost  

Amid Shaheen Bagh protests, budget and upcoming Delhi elections, an important development has gone quite under the radar that may have far-reaching consequences and leave an indelible mark on India’s polity. The crime shook the nation and forced the government to enact tougher new laws, including introducing death penalty in ‘rarest of rare’ cases, widening the definition of “rape”, adding …

2012 Delhi gangrape case: 'My daughter has got justice,' says victim's mother; hope death warrant will act as deterrent, say politicos
5 years ago

2012 Delhi gangrape case: 'My daughter has got justice,' says victim's mother; hope death warrant will act as deterrent, say politicos

Firstpost  

2012 Delhi gangrape case: Asha Devi, the mother of 23-year-old Jyoti Singh, who was gang-raped in a moving bus in 2012, said that the death warrant to the four convicts in the case will strengthen people’s trust in the judicial system Soon after a Delhi court issued death warrants to the four accused in the 2012 Delhi gangrape and murder …

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