Thursday, July 29TRUSTED FEARLESS INTERNATIONAL & NATIONAL NEWS PORTAL

Tag: Supreme Court

SC lays down guidelines for withdrawal of cases by public prosecutors | India News – Times of India
Politics

SC lays down guidelines for withdrawal of cases by public prosecutors | India News – Times of India

NEW DELHI: The Supreme Court on Wednesday said public prosecutors must act independent of the government while seeking withdrawal of case against an accused in public interest and issued a self-caution that it should not generally interfere with concurrent decisions of trial court and the high court rejecting such withdrawal plea. A bench of Justices DY Chandrachud and MR Shah examined a host of judgments, including the one that questioned the withdrawal of prosecution in an Emergency era case against opposition leader George Fernandes, and culled out the essence of the rulings spread over the decades to ink a comprehensive checklist for both the public prosecutor and the judiciary in dealing with withdrawal of prosecution. The bench formulated the principles and said: PP's decision to ...
Kerala assembly ruckus: Setback for Vijayan govt, SC says LDF MLAs must face prosecution | India News – Times of India
Politics

Kerala assembly ruckus: Setback for Vijayan govt, SC says LDF MLAs must face prosecution | India News – Times of India

NEW DELHI: The Supreme Court on Wednesday said that LDF MLAs must face prosecution under Indian Penal Code (IPC) and Prevention of Damages to Public Property Act for damaging assembly property in Kerala while protesting against budget presentation in 2015. The state assembly had witnessed unprecedented scenes on March 13, 2015 as LDF members, then in opposition, tried to prevent then finance minister K M Mani, who was facing allegations in the bar bribery scam, from presenting the state budget. Besides flinging the speaker's chair from the podium, electronic equipment like computers, keyboards and mikes on the desk of the presiding officer were also allegedly damaged by the LDF members. In a major judgment denting the image of Pinarayi Vijayan-led LDF government, the bench of Justices D...
PIL: Fix minimum healthcare standard and rates for hospitals | India News – Times of India
Politics

PIL: Fix minimum healthcare standard and rates for hospitals | India News – Times of India

NEW DELHI: At a time when 70% of patient care is provided by private sector healthcare institutions, the Supreme Court on Tuesday sought responses from the Centre, states and Union Territories on a PIL seeking implementation of minimum standards of healthcare and display of rate chart for treatments by all hospitals as per Clinical Establishments Act, 2010. A bench of Chief Justice N V Ramana and Justice Surya Kant issued notices to all states, UTs and National Human Rights Commission and said, "Let's hope the governments will respond positively." Appearing for NGO 'Jan Swasthya Abhiyan', senior advocate Sanjay Parikh said with the focus shifting from strengthening the public sector healthcare system to private sector, only 30% of patients get treatment from government owned hospitals a...
Oppn warns entire session could be disrupted if demand for discussion in House, inquiry into Pegasus not accepted | India News – Times of India
Politics

Oppn warns entire session could be disrupted if demand for discussion in House, inquiry into Pegasus not accepted | India News – Times of India

NEW DELHI: The political battle over the Pegasus spyware controversy heated up with opposition warning that the entire monsoon session of Parliament could be disrupted unless its demands for a discussion and an inquiry are met and PM Narendra Modi urging BJP MPs to “expose” opponents for not letting Lok Sabha and Rajya Sabha function. Speaking to the media after adjournment of RS, leader of opposition Mallikarjun Kharge asked why Modi government was ducking the snooping scandal when France, Israel, Germany and Hungary have ordered investigations. He was joined by Manoj Jha of RJD, Sukhendu Sekhar Roy of TMC, Ram Gopal Yadav of SP, Tiruchi Siva of DMK, Binoy Viswam CPI, Sanjay Singh of AAP, Elamaram Kareem CPM and Anand Sharma of Congress. Earlier in the day, Modi asked BJP MPs to take o...
Mamata forms panel to probe snooping allegations in West Bengal | India News – Times of India
Politics

Mamata forms panel to probe snooping allegations in West Bengal | India News – Times of India

KOLKATA: The West Bengal government on Monday set up a two-member commission to probe the allegations of snooping in the state arising out of the Pegasus issue, with CM Mamata Banerjee saying “we need to wake up those who refuse to wake up.” The panel comprises retired Supreme Court judge Madan B Lokur and former Calcutta HC chief justice Jyotirmay Bhattacharya. “We hoped the Centre would order an SC-monitored probe but they have not,” Bengal is the first state to do so,” said Mamata.Last week, she had demanded that the Centre set up an SC-monitored probe panel. The commission has been formed under the Commissions of Inquiry Act, 1952. The 12-point terms of reference for the commission include finding out whether the “interceptions” took place and the identity of “state and non-state ac...
AWBI issues advisory to states and UTs to ban caging of aerial birds | India News – Times of India
Politics

AWBI issues advisory to states and UTs to ban caging of aerial birds | India News – Times of India

CHENNAI: Ahead of Independence Day, following an appeal by People for the Ethical Treatment of Animals (PETA) India, the Animal Welfare Board of India (AWBI) has issued a fresh advisory to all states and Union territories to ensure a ban on keeping aerial birds in cages. AWBI’s advisory refers to the judgement passed by the Gujarat high court and an order of the Delhi high court recognising that birds have the fundamental right to fly and ruling that caging birds should not be permitted. In its advisory, the AWBI also quoted the 2014 judgment of the Supreme Court recognising that animals have fundamental rights, including the right to live with dignity. The AWBI referred to its earlier advisories issued on the same matter in 2011 and 2013 as well. “Beautiful birds are meant to feel the ...
CBI registers FIR for framing Isro scientist Nambi Narayanan in espionage case | India News – Times of India
Politics

CBI registers FIR for framing Isro scientist Nambi Narayanan in espionage case | India News – Times of India

NEW DELHI: The CBI has informed the Supreme Court that it has registered an FIR against former Kerala DGP Siby Mathews and others, in an alleged conspiracy to frame Isro scientist Nambi Narayanan in an espionage case in 1994. The agency filed a status report, after the top court ordered a CBI probe in April to investigate the role played by police in framing Narayanan. On Monday, a bench headed by Justice A.M. Khanwilkar said: "It is mentioned in the report after examining relevant aspect, the FIR has been registered. Now the law has to take its course". Advocate Amit Sharma, counsel for Mathews, and advocate Kaleeswaram Raj counsel for another accused submitted that the Justice DK Jain Committee Report has not been shared with the accused. They argued that the refusal by the CBI to sha...
Maharashtra to pay banks Rs 3,000 crore as sugar mills default again | India News – Times of India
Politics

Maharashtra to pay banks Rs 3,000 crore as sugar mills default again | India News – Times of India

MUMBAI: Debt-ridden Maharashtra government has set up a high-level committee led by principal secretary (financial reforms) Rajgopal Deora to draft an action plan for the payment of nearly Rs 3,000 crore to the Maharashtra State Cooperative Bank (MSCB), Mumbai Bank and Nanded and Osmanabad district central cooperative banks. It was found that 57 cooperative sugar factories had taken loans from these banks and failed to repay the loans. Since the projects were not viable, the state government had stood guarantor for the loans. As a result, now it will have to repay the loans. In addition, outstanding loans against cooperative spinning mills stood at Rs 800 crore. Sooner or later, the government will have to pay that sum too to the cooperative banks. Sugar commissioner Shekhar Gaikwad, co...
Order fresh probe into Odisha minor’s rape and murder: Centre tells SC | India News – Times of India
Politics

Order fresh probe into Odisha minor’s rape and murder: Centre tells SC | India News – Times of India

NEW DELHI: The Centre and the CBI on Monday told the Supreme Court that it should scrutinise the chargesheet filed by Odisha police into the politically sensitive alleged rape and murder of a five year old girl last year as there are widespread apprehensions in local public mind about the child being killed by mafia indulging in illegal organ harvesting racket. During the hearing on a writ petition filed by victim's mother Saudamini Sahoo, solicitor general Tushar Mehta, appearing for the Centre and the CBI, told a bench of Justices A M Khanwilkar and Sanjiv Khanna that even in politically motivated proceedings in 2005 cases relating to fake encounter killings of Sohrabuddin and Tulsiram Prajapati, the SC had decisively intervened after filing of the chargesheet and had ordered fresh pr...
SC: Sebi’s views must for SAT or any court to compound offences | India News – Times of India
Politics

SC: Sebi’s views must for SAT or any court to compound offences | India News – Times of India

NEW DELHI: Giving primacy and weightage to the market regulator’s view, the Supreme Court on Friday ruled that Securities Appellate Tribunal (SAT) or any court must mandatorily seek expert views of Sebi and “be wary” of proceeding contrary to it while deciding on cases of fraud and crimes related to stock markets. Rejecting an appeal for compounding of offences relating to stock price rigging in a 1996 IPO floated by Varanasi-based Ideal Hotels & Industries, a bench of Justices D Y Chandrachud and M R Shah said, “...before taking a decision on whether to compound an offence punishable under Section 24(1) of SEBI Act, the SAT or the court must obtain the views of Sebi for furnishing guidance to its ultimate decision”. “These views, unless manifestly arbitrary or mala fide, must be ac...
Raj Kundra moves to Bombay HC, challenges “illegal arrest”; seeks release – Times of India
Entertainment

Raj Kundra moves to Bombay HC, challenges “illegal arrest”; seeks release – Times of India

Mumbai: Shilpa Shetty’s husband Raj Kundra, in custody of Mumbai police in connection with an alleged offence of transmission of sexually explicit content, has approached Bombay high court to challenge his arrest as being “illegal.’’ In a petition, he moved on Friday through Parinam Law, Kundra, 45, a business person who holds a British passport and is an Overseas Citizen of India says a mandatory notice before arrest was not issued by the police. His petition, yet to be numbered, says the magistrate who remanded him on July 20, failed to note that the maximum punishment attracted is seven years and that the Supreme Court makes it “completely illegal to arrest without complying with section 41(1) (b) and 41A of Criminal procedure code.’’ The notice is to seek the presence of an accused...
pegasus spyware:   It’s treason, no other word for this: Rahul Gandhi on Pegasus project | India News – Times of India
Politics

pegasus spyware: It’s treason, no other word for this: Rahul Gandhi on Pegasus project | India News – Times of India

NEW DELHI: Congress leader Rahul Gandhi on Friday alleged that the Prime Minister and home minister have used Pegasus spyware against the Indian state and against our institutions. "They have used it politically, they've used it in Karnataka, they've used it to scuttle probes, they've used it against the Supreme Court, they have used it against all the institutions of this country. The only word for this is treason. There is no other word for this," Rahul Gandhi told reporters outside Parliament. He further said, "My phone was tapped. It's not a matter of Rahul Gandhi's privacy. I'm an opposition leader, I raise the voices of people. This is an attack on the voices of the people. Home Minister should resign and there should be a Supreme Court inquiry against Narendra Modi." The governme...
Congress to protest in front of Gandhi statue in Parliament over farmers agitation, Pegasus issue | India News – Times of India
Politics

Congress to protest in front of Gandhi statue in Parliament over farmers agitation, Pegasus issue | India News – Times of India

NEW DELHI: Congress MPs will hold protest in front of Mahatma Gandhi's statue in Parliament over farmers' agitation and the 'Pegasus Project' media report on Friday. Prior to joining the protest, the Congress MPs will attend a meeting at Parliamentary Party (CPP) office. Several Congress leaders, including former party president Rahul Gandhi, staged a protest against the Centre's farm laws in front of the Gandhi statue in the Parliament premises on Thursday. Congress held protest marches in different states seeking a Supreme Court-monitored probe into allegations of surveillance using Pegasus spyware. The party has also demanded the resignation of Home minister Amit Shah. The Opposition has alleged that names of several Indian politicians, journalists, lawyers, and activists have appear...
Times Face-off: Do we need population control measures? | India News – Times of India
Politics

Times Face-off: Do we need population control measures? | India News – Times of India

With UP, Assam moving towards two-child policies, a debate on whether population control measures work, and do we really??need them?FORUP population policy will help boost growth, reduce pressure on resources-Sidharth Nath Singh Any change in the population policy of the country’s most populous state is bound to be a big deal, but it is not a surprising one. With 240 million people, Uttar Pradesh has 16% of India’s total population and is home to every sixth Indian. If it was a separate country, it would be the fifth largest in the world by population, just behind China, India, US and Indonesia, and bigger than Pakistan and Brazil. We, as a country, have already been warned of a ‘population explosion’ and it is deemed that the continuous increase in the state’s population will result in...
SC: Can’t have parallel legal system for rich | India News – Times of India
Politics

SC: Can’t have parallel legal system for rich | India News – Times of India

NEW DELHI: Slamming the Madhya Pradesh government for “shielding” a BSP MLA’s husband accused of the murder of Congress leader Devendra Chourasia, the Supreme Court on Thursday cancelled his bail and underlined that there cannot be two legal systems — one for the rich and powerful and other for small men. A bench of Justices D Y Chandrachud and Hrishikesh Roy also noted that even the trial court judge who passed the order against BSP MLA Rambai Singh’s husband Govind Singh was being targeted at the behest of a politically influential accused and directed the HC to hold inquiry on its administrative side. Source link
PIL in SC seeks SIT probe into ‘snooping through Pegasus’ | India News – Times of India
Politics

PIL in SC seeks SIT probe into ‘snooping through Pegasus’ | India News – Times of India

NEW DELHI: The snowballing controversy over alleged snooping of telephones of politicians, activists and journalists through spyware Pegasus reached the doors of the Supreme Court on Thursday with serial PIL litigant and advocate M L Sharma being the first to file a petition seeking SC-appointed SIT probe into the politically hot scandal. Often being the first to reach the court ahead of advocate Prashant Bhushan’s clients in filing PILs in SC on important public controversies, including the coal scam and alleged irregularities in Rafale deal, Sharma requested the apex court to inquire why and under what procedure the Union government purchased the spyware for snooping purposes. He also demanded to know the expenses incurred for the purchase of the Israeli spyware, which is sold by its ...
Second-hand flat buyers have same rights as original allottees, rules SC | India News – Times of India
Politics

Second-hand flat buyers have same rights as original allottees, rules SC | India News – Times of India

NEW DELHI: In a major relief to homebuyers who purchased flats from original allottees but were not delivered the apartments, the Supreme Court on Thursday said a builder cannot deny their right to get possession within a reasonable period of time and that they are also entitled to get a refund of their money. A bench of Justices U U Lalit, Hemant Gupta and S Ravindra Bhat said the rights of such purchasers are the same as that of original allottees. “It cannot be said that a subsequent purchaser who steps into the shoes of an original allottee of a housing project in which the builder has not honoured its commitment to deliver the flat within a stipulated time, cannot expect any — even reasonable time — for the performance of the builder’s obligation. Such a conclusion would be arbitra...
Anil Ambani may also have been surveilled: Report | India News – Times of India
Politics

Anil Ambani may also have been surveilled: Report | India News – Times of India

NEW DELHI: Phone numbers that have been used by Anil Ambani and one other official of the Reliance ADA Group were added to the leaked list that was analysed by media partners of the Pegasus Project consortium, web portal The Wire said on Thursday. “The mere presence of a number on this list does not imply the smartphone connected to it was successfully snooped upon — a conclusion that can only be established by conducting digital forensics on the device’s data — but the consortium has reason to believe that it represents a person of interest for an unknown client of the NSO Group,” the portal said in its latest revelation on the Pegasus controversy. The report said the addition to the list happened around the time a legal challenge was mounted in the Supreme Court against the Rafale air...
Plea in Supreme Count seeks uniform code for religious, charitable endowments | India News – Times of India
Politics

Plea in Supreme Count seeks uniform code for religious, charitable endowments | India News – Times of India

NEW DELHI: A PIL was filed in the Supreme Court on Thursday seeking uniform code for religious and charitable endowments and referred to the control of authorities on Hindu temples across the country, unlike certain other groups which are allowed to manage their own institutions. The plea filed by advocate and BJP leader Ashwini Upadhyay contended that Hindus, Jains, Buddhists and Sikhs should have similar rights to establish, manage and maintain their religious places like Muslims, Parsis and Christians, and the State cannot abridge this right. “It is submitted that the right to manage institutions conferred under Articles 26 is a natural right for all communities. But Hindus, Jains, Buddhists and Sikhs have been denied this privilege,” said the plea filed through advocate Ashwani Kuma...