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Showing posts with the label Supreme Court of India

Supreme Court Quashes Criminal Proceedings Against Sandesara Brothers After ₹5,111 Crore Deposit

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Background of the Sterling Biotech Bank Fraud Case The Supreme Court of India has finally quashed all criminal proceedings against fugitive businessmen Chetan Jayantilal Sandesara and Nitin Jayantilal Sandesara , promoters of Sterling Biotech Ltd , after they deposited an additional ₹5,111 crore with the Registry of the Supreme Court. The litigation arose from allegations of a massive bank fraud involving public sector banks, with the Central Bureau of Investigation (CBI) registering FIRs in October 2017 . The alleged fraud, committed between 2004 and 2012 , was initially quantified at ₹5,383 crore , though subsequent assessments placed the total exposure significantly higher. Supreme Court’s Final Order and Compliance with Conditions A Bench comprising Justice J.K. Maheshwari and Justice Vijay Bishnoi noted that the Sandesara brothers had fully complied with the conditions imposed in the Court’s November 19 order , which required them to deposit an additional ₹5,100 crore as part o...

Burnt-Cash Recovery Case

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What Is Justice Yashwant Varma Challenging Before the Supreme Court? Introduction The controversy surrounding the alleged recovery of burnt cash and the initiation of removal proceedings against Justice Yashwant Varma , Judge of the Allahabad High Court (formerly of the Delhi High Court), has now entered a crucial constitutional phase. Two weeks after a three-member Joint Inquiry Committee issued a notice seeking his response to corruption allegations, Justice Varma has approached the Supreme Court of India , challenging the very legality and constitution of the Inquiry Committee . The matter is scheduled for hearing on January 7 , just days before the Committee is expected to receive Justice Varma’s response, making the outcome of this challenge institutionally significant. Background of the Removal Proceedings Removal proceedings against Justice Varma were triggered after motions for impeachment were submitted in both Houses of Parliament on the same day , under the Judges (Inquiry)...

Supreme Court Directs Centre to Curb ‘Digital Arrest’ Scams: Legal Framework, Gaps, and the Way Forward

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Introduction: A New Age Threat to Personal Liberty The Supreme Court of India has taken serious note of the alarming rise of “digital arrest” scams , a sophisticated form of cyber fraud that exploits fear, authority, and technological vulnerabilities. In a strong intervention, the Court directed the Union Government to immediately consider systemic measures to prevent such scams, flag suspicious financial transactions, and protect citizens—especially senior citizens—from digital extortion. The observations were made by a Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi , highlighting the constitutional and institutional duty of the State to safeguard citizens from cyber-enabled crimes. What Are ‘Digital Arrest’ Scams? Digital arrest scams involve criminal impersonation of law enforcement agencies, intelligence officials, or even judges , wherein victims are coerced into believing that they are under arrest or investigation. Fraudsters often: Use forged co...

SUPREME COURT DIRECTS HIGH COURTS AND STATES TO FAST-TRACK UAPA TRIALS

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The Supreme Court of India has issued a significant direction to all High Courts and State governments to ensure expeditious disposal of cases under the Unlawful Activities (Prevention) Act (UAPA). The Court stressed that terrorism-related matters must be handled with “efficacy and expediency,” especially considering the stringent nature of the law and the increasing pendency of cases. The directions were delivered by a bench comprising Justices Sanjay Karol and N. Kotiswar Singh while hearing the Central Bureau of Investigation’s (CBI) appeal in the 2010 Jnaneshwari Express derailment case , which claimed 148 lives and injured over 170 passengers. BACKGROUND: THE 2010 JNANESHWARI EXPRESS CASE The case relates to the derailment of the Jnaneshwari Express in West Bengal, allegedly caused by sabotage due to opposition to joint police-paramilitary operations against Maoist groups in the region. Eighteen accused individuals were granted bail by the Calcutta High Court, a decision chall...

Supreme Court May Frame Sensitivity Norms for Courts Handling Sexual Assault Cases

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The Supreme Court of India has expressed serious concern over the lack of sensitivity shown by several courts in cases involving sexual assault victims. Taking suo motu cognisance of an “insensitive and inhuman” judgment of the Allahabad High Court from March 2024, the Supreme Court has indicated that it may introduce comprehensive, gender-sensitive procedural guidelines applicable across all courts in the country. Background: Allahabad High Court’s Controversial March 17 Judgment The controversy began with a March 17 ruling of the Allahabad High Court which held that grabbing a minor girl’s breasts, breaking the string of her pyjama, and attempting to drag her under a culvert did not amount to an attempt to rape. The High Court downgraded the charge from attempt to rape to Section 354B IPC and certain POCSO provisions, claiming that the act had not progressed sufficiently to constitute an attempt. The Supreme Court immediately suspended this ruling, calling it “unfortunate”, “inse...

Madras High Court Questions Tamil Nadu’s Repeated Failure to Permit Karthigai Deepam Lamp Ritual: Legal, Constitutional, and Political Dimensions

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Introduction The ongoing conflict between the Madras High Court and the Tamil Nadu government over the Karthigai Deepam lamp-lighting ritual at Thiruparankundram hill has intensified. Despite repeated judicial directions, district authorities and police have allegedly prevented devotees from performing the annual ritual atop the ancient Deepathoon lamp pillar. The issue has now escalated to the Supreme Court after the state government challenged the High Court’s orders. This article examines the factual chronology, legal provisions, constitutional questions, and judicial precedents involved, while highlighting the political tensions surrounding the controversy. Background of the Dispute The Deepathoon Lamp Ritual at Thiruparankundram The Thiruparankundram hill in Madurai district is a historically syncretic religious site containing: Arulmighu Subramania Swamy Temple Kasi Viswanathar Temple Sikkander Badusha Dargah For decades, there has been no dispute over the hill...

Pregnant Sunali Khatun Returns to India After Supreme Court Intervention

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A Case Highlighting Deportation Procedures, Migrant Rights, and Constitutional Protections Background: Deportation of a Pregnant Woman Sparks National Debate In June 2024, Sunali Khatun, a pregnant resident of Birbhum, West Bengal, and her eight-year-old son were detained in Delhi on suspicion of being illegal Bangladeshi immigrants. On June 24, both were deported to Bangladesh along with her husband and members of another migrant worker family. Their deportation was carried out on the direction of the Foreigner Regional Registration Office (FRRO) Delhi. On June 26, the Border Guard Bangladesh (BGB) arrested the deported families under the Control of Entry Act for entering Bangladesh without valid documents. This incident triggered political tensions between the Trinamool Congress (TMC) and the Bharatiya Janata Party (BJP), especially with the 2026 West Bengal elections approaching. Supreme Court’s Humanitarian Intervention Two days before Sunali’s return, the Supreme Court of ...

Supreme Court Questions Extent of Protection for Undocumented Rohingya Migrants

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The Supreme Court of India has once again placed the spotlight on the legal and constitutional status of undocumented Rohingya migrants, raising fundamental questions about the rights available to illegal entrants and the limits of judicial protection. The bench, led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi, expressed strong reservations about extending welfare-oriented rights to individuals who entered the country without legal permission. Supreme Court’s Observation: “Cannot Roll Out a Red Carpet” During the hearing of a plea alleging the custodial disappearance of five Rohingya individuals previously detained by authorities, the bench remarked that courts and governments cannot be expected to “roll out a red carpet” for persons who cross borders illegally. The Court emphasised that while humane treatment is non-negotiable, illegal entrants cannot demand rights on par with Indian citizens, especially when millions of citizens still struggle for basic entit...

Supreme Court Affirms: Divorced Muslim Woman Has a Right to Recover Dower, Dowry and Gifts

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The Supreme Court of India has delivered a landmark ruling reinforcing the financial rights, dignity and constitutional protections of divorced Muslim women. In a significant judgment, the Court held that a Muslim woman is legally entitled to recover all property, cash, gold and other articles given to her or her husband by her family at the time of marriage. This decision strengthens the interpretation of the Muslim Women (Protection of Rights on Divorce) Act, 1986, ensuring that divorced women are not denied their rightful property due to patriarchal norms or narrow statutory interpretation. Items Given at Marriage Are the Woman’s Property The Supreme Court categorically stated that all items given by the woman’s family to the groom’s side—whether in the form of dower (mehr), dowry, or gifts—must legally be treated as the woman’s property. The bench, comprising Justices Sanjay Karol and N. Kotiswar Singh, held that after the dissolution of marriage, these items must be returned ...

Judicial Independence and Supremacy of Law: Justice BV Nagarathna’s Key Address at O.P. Jindal Global University

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Supreme Court judge Justice B.V. Nagarathna delivered a significant address at the international convention titled “The Independence of Judiciary: Comparative Perspective on Rights, Institutions and Citizens” held at O.P. Jindal Global University, Sonipat. Her remarks highlighted the core elements that safeguard the rule of law in a constitutional democracy—judicial independence and supremacy of the law. Judicial Independence and Supremacy of Law: The Twin Guarantees of Rule of Law Justice Nagarathna emphasised that judicial independence and the supremacy of law function together to ensure that the rule of law remains insulated from political pressures. According to her, insulating judges from extraneous and political influences is essential to preserve the integrity of judicial decision-making. She reiterated that these two principles form the foundation of a democratic legal system and must never be taken for granted. Faith in the Constitution and Faith in the Courts Justice ...

Supreme Court Flags Alarming Trend of Overturning Its Own Rulings

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The Supreme Court of India has raised serious institutional concerns over what it described as a “growing trend” of reopening and overturning its own judgments before differently constituted benches. The remarks came during the hearing of a plea in a 2019 West Bengal murder case, and the Court warned that repeated reversals threaten judicial discipline, legal certainty, and the constitutional principle of finality in decision-making. Case Background: Plea by Anisur Rahman The observations were made while hearing a plea filed by Anisur Rahman, an accused in a 2019 murder case in West Bengal. Rahman sought modification of a bail condition that prohibited him from leaving Kolkata. A bench of Justices Dipankar Datta and A.G. Masih refused to modify the earlier bail order passed in January, noting that the new application was filed shortly after the judge heading the earlier bench had demitted office. The Court viewed this timing as an attempt to obtain a favorable outcome due to the c...

Supreme Court Releases First Study on Judicial Conceptions of Caste

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The Supreme Court of India has published a landmark institutional report titled “Judicial Conceptions of Caste” , marking the first systematic attempt by the judiciary to critically analyse how courts have spoken about caste over seven decades. Prepared by the Supreme Court’s Centre for Research and Planning (CRP), the report evaluates constitutional bench judgments on reservations, personal laws, and atrocities laws, highlighting the normative role of judicial language in shaping equality and social justice. Continuing Concern: Caste as a Constitutional Issue The report asserts that caste is not a historical artefact but a continuing constitutional concern , central to India’s equality jurisprudence. It argues that judicial vocabulary must reflect constitutional values, rejecting outdated or paternalistic terminology. Relevant Constitutional Provisions: Article 14 – Equality before law Article 15(4) & 15(5) – Special provisions for socially and educationally backward ...