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[Adani Hindenburg report] The Supreme Court granted Securities and Exchange Board of India's (SEBI) an extension of 3 months to complete its investigation into the Adani-Hindenburg Report issue. Originally, SEBI had moved an application seeking an extension of 6 months to complete its investigation into the issue. "SEBI is granted an extension till August 14, 2023 to submit its report",ordered a bench comprising CJI Chandrachud with Justices Narasimha and Pardiwala.nLast Friday, the Expert Committee headed by former Supreme Court judge Justice AM Sapre, constituted by the Supreme Court, to review the regulatory mechanism, had submitted its report.Bench: CJI DY Chandrachud, Justices PS Narasimha & JB Pardiwala Case Title: Vishal Tiwari vs. Union of India & Other Connected Matters Click here to read more
[Manipur Violence] In the pleas seeking to secure the Manipuri tribal areas, the Supreme ordered that due arrangements must be made in the relief camps organised by the government and all necessary precautions must be taken for rehabilitation of displaced persons. "Medical care should also be provided in relief camps", added a CJI Chandrachud led bench. Amidst tensions escalating in the State of Manipur, two Special Leave Petitions (SLPs) were filed before the Supreme Court against the High Court's order directing the Centre and the State governments to include the Meetei/Meitei community of the State in the Scheduled Tribe list of the Indian Constitution as a "tribe" of Manipur.Bench: CJI DY Chandrachud, Justices PS Narasimha & JB Pardiwala Case Title: Manipur Tribal Forum vs. Union of India Click here to read more
[Cash for Jobs scam in Tamil Nadu] The Supreme Court cleared the decks for resumption of police probe against Tamil Nadu's Minister for Electricity, Excise, and Prohibition, V Senthil Balaji in the cash-for-job scam of 2011-15 by setting aside the Madras High Court's "shocking" order for de novo investigation, which even went against the previous order by the top court. The court also allowed the investigation by the Enforcement Directorate in the matter, in a further trouble for the leader and others. "The Investigation Officer shall proceed with further investigation in all cases by including the offences under the Prevention of Corruption Act. Any let up on the part of the Investigation Officer in this regard will pave the way for this court to consider appointing a Special Investigation Team in future," the bench cautionedBench: Justices Krishna Murari and V Ramasubramanian Case Title: Y. BALAJI vs. KARTHIK DESARI & ANR. ETC. Click here to read more
[EWS Review petitions] The Supreme Court on May 9, 2023, dismissed the review petitions filed against its judgment upholding the validity of the 103rd Constitutional Amendment that introduced 10% reservation for the Economically Weaker Section (EWS). Notably, the applications for listing the review petitions in open Court were rejected.Bench: CJI Dhananjaya Y Chandrachud with Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala Case Title: Society for the Rights of Backward Communities vs. Janhit Abhiyan & Ors Click here to read more
[BV Srinivas Sexual Harassment case] In a sexual harassment complaint, Supreme Court granted anticipatory bail to Indian Youth Congress President, BV Srinivas. A division bench of Justice BR Gavai and Justice Sanjay Karol, while allowing anticipatory bail, said that the delay in lodging of FIR and no whisper of allegations in the statement under Section 164, CrPC by the complainant would benefit the petitioner in terms of seeking relief through the given application. On May 4, the Gauhati High Court refused Srinivas's application seeking quashing of FIR for offences under Ss. 509/294/341/352/354/354A(iv) and 506 of the Penal Code, 1860.Bench: Justice BR Gavai and Justice Sanjay Karol Case Title: BV Srinivas v. State of Assam Click here to read more
[Caste Based Census In Bihar] The Supreme Court refused to stay the order of the Patna High Court which had put on hold the controversial caste-based census in Bihar. Court adjourned the petition filed by State of Bihar challenging the interim order of the High Court asking the State Government to immediately stop the caste-based survey. "Why should we interfere at this stage. The High Court will go into it on 3rd July...it has recorded prima facie finding", the bench observed. The division bench further clarified that it would keep the matter pending as the High Court is slated to take it up on 3rd July. If for any reason the writ petition is not taken up by the High Court, we will consider the arguments on July 14, top court added.Bench: Justices Abhay S Oka and Rajesh Bindal Case Title: State of Bihar And Ors. vs. Youth for Equality And Ors Click here to read more
[Adani-Hinderurg Report] Taking into account the explanations provided by Securities and Exchange Board of India (SEBI), supported by empirical data, the Expert Committee appointed by the Supreme Court to review the regulatory mechanism in the light of Adani-Hindenburg issue has said that prima facie, it is not possible to conclude that there has been a regulatory failure around the allegation of price manipulation. Supreme Court has been further informed that SEBI has been investigating the matter since October 23, 2020 whereas the Hindenburg Report was published on January 24,2023 — two years and three months later.Bench: CJI DY Chandrachud, Justices PS Narasimha & JB Pardiwala Case Title: Vishal Tiwari vs. Union of India & Other Connected Matters Click here to read more
[Gyanwapi] A CJI DY Chandrachud led bench of the Supreme Court has stayed the Allahabad High Court order allowing an ASI survey/ scientific survey of the alleged Shivlingam found at Gyanvapi for evaluation of its age.Solicitor General Tushar Mehta, appearing for the State of UP, submitted before a bench also comprising Justice PS Narasimha that the government will also examine, in consultation with Archeological Survey of India, to find out if there is a better alternative method to ascertain age of the Shivling. While issuing notice in the SLP filed by the Gyanvapi mosque's management committee against the High Court's order, court said, "since the implications of the directions of the High Court order would merit closer scrutiny, thus it stands deferred till next date".Bench: CJI DY Chandrachud Case Title: Committee of Management Anjuman Intezamia Masajid Varanasi vs. Rakhi Singh Click here to read more
[Adani-Hindenburg] Taking into account the explanations provided by Securities and Exchange Board of India (SEBI), supported by empirical data, the Expert Committee appointed by the Supreme Court to review the regulatory mechanism in the light of Adani-Hindenburg issue has said that prima facie, it is not possible to conclude that there has been a regulatory failure around the allegation of price manipulation. "...the Committee’s remit is not to examine whether the price rise was justified, whereas its remit is to ascertain if there was a regulatory failure. It is apparent that SEBI was actively engaged with developments and price movements in the market", the report adds.Click here to read more
[Judges pay] The Supreme Court last week observed that judges are not employees of the State but are holders of public office who wield sovereign judicial power. Adding that separation of powers demands that the officers of the Judiciary be treated separately and distinct from the staff of the legislative and executive wings, a CJI DY Chandrachud led bench has observed that judges are "only comparable to members of the legislature and ministers in the executive and parity, thus, cannot be claimed between staff of the legislative wing and executive wing with officers of the judicial wing".Bench: CJI with Justices Ramasubramanian and Narasimha Case Title: All India Judges Association vs. Union of India & Ors. Click here to read more
[Endosulfan poisoning] In pursuance of the Supreme Court's earlier order, the District Legal Services Authority, Kasargod submitted a report on the healthcare facilities available for victims of Endosulfan poisoning. Last year, the Supreme Court had directed the DLSA in Kerala to submit a report on healthcare facilities, including palliative care and physiotherapy, available for victims of endosulfan poisoning in Kasargod district. After taking on record the report so submitted, the bench were further told that the compensation had been paid to all victims in full.Bench: CJI with Justices Pardiwala and Narasimha Case Title: Baiju KG vs. Dr. VP Joy Click here to read more
[The Kerala Story] The Tamil Nadu Police refuted before the Supreme Court a charge of "shadow banning" the movie 'The Kerala Story', contending the film was released in 19 multiplexes across the state, despite protests and objections by Muslim organisations but was removed due to poor audience response. "There is no ban, explicit or implicit, on the film in the State," it claimed, adding in fact, the police lodged nine cases against the protesters. In response to the top court's notice on filmmaker's plea against 'shadow ban', the state police said the petitioner has not produced a single document or order or proof to show that the state of Tamil Nadu took steps to ban the screening of the film.Case Title: Sunshine Pictures vs. State of West Bengal and Ors Click here to read more
[Gujarat Judicial officers] Referring to a recent order of the Supreme Court whereby the promotion of judicial officers from Gujarat were stayed, a CJI DY Chandrachud led bench was informed that the aggrieved officers were humiliated by such order. Senior Advocate Meenakshi Arora mentioned the aggrieved officers plea and told court, "There is humiliation, that these judges have to face, UP has the same method." CJI told Arora that the order was passed in fact by a coordinate bench of this court which was led by Justice MR Shah, who retired recently. When the senior lawyer pressed on the issue, saying that many of these judges were retiring soon, CJI agreed to reassign the matter to a new bench, on account of Justice Shah retiring.Bench: CJI with Justices Pardiwala and Narasimha Click here to read more
[Nawab Malik] The Supreme Court has refused to allow any immediate relief to NCP Leader and Former Home Minister Nawab Malik who was arrested last year by the Enforcement Directorate (ED) for alleged money laundering and active involvement in terror funding in connection with a 1999 land deal with don Dawood Ibrahim’s sister. Court has further asked Malik to approach the Bombay High Court for an early hearing of his bail application. Notably, the High Court had recently adjourned Malik's bail application to June 6. Aggrieved by this, the NCP leader had come to the top court seeking relief on medical grounds.Bench: Justices Sanjiv Khanna and MM Sundresh Case Title: Mohammed Nawab Malik vs. State of Maharashtra Click here to read more
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