Thorat & Associate's

The state government of Gauhati has been directed by the Gauhati High Court to pay a compensation of Rs. 5 lakhs to the daughter of a man who was killed by the police when he was participating in the Assam movement on 30.11.1981. A single judge bench of Justice Devashis Baruah disposed of a Petition seeking a direction upon the concerned Respondent Authorities for payment of the ex-gratia compensation of Rs.5 lakhs under the Government of Assam to the martyrs family. The Petitioner is the daughter of Late Loknath Saikia who was killed by the police when he was participating in the Assam movement on 30.11.1981. The Petitioner on coming to learn about the said ex-gratia compensation scheme of the Government of Assam applied for the said grant of Rs. 5 lakhs but the same was refused on the ground that the said amount have been already disbursed to the Respondent No. 4 (brother of Petitioner’s father) . It is under such circumstances that the instant petition has been filed. The Petitio

The Supreme Court on Wednesday issued notice to the States of Gujarat, Tamil Nadu, Nagaland and Kerala for not appointing nodal officers in every district to curb incidents of mob violence and lynching The Bench of Justice Sanjiv Khanna and Justice S.V. Bhatti passed the order on a batch of petitions concerning the incidences of hate speech across the country. Earlier, the Apex Court had asked the Central government to file an affidavit regarding the States and Union Territories which have adhered to the Supreme Court directives laid out in the Tehseen Poonawalla case. Additional Solicitor General K.M. Nataraj, appearing for the Centre, apprised the Bench that 28 States and Union Territories have appointed Nodal Counsels to tackle lynching and mob violence, besides procure intelligence reports pertaining to individuals likely to commit such crimes or engage in the dissemination of hate speeches. The affidavit further gave details on which States or Union Territories were yet to co

The Supreme Court on Thursday adjourned to December 6, the interim medical bail petition of women rights activist and academic Prof Shoma Sen, who was arrested for her alleged involvement in the Bhima Koregaon violence case. Earlier on July 17, the Bench of Justice Aniruddha Bode and Justice Sanjay Kumar directed Sen to file an additional affidavit on her deteriorating health within two weeks. Sen was charged under the Unlawful Activities (Prevention) Act, along with 14 other activists and academics. She has remained behind bars since June 6, 2018, lodged at the Byculla jail in Mumbai. Earlier in January this year, the Bombay High Court refused to entertain the plea challenging the order passed by the Additional Sessions Judge of Pune rejecting her bail application and asked her to approach a special court under the National Investigation Agency (NIA) Act, 2008 for bail. This was done by the court keeping in mind that the investigation was transferred to the NIA in the case. The

Supreme Court quashes re-appointment of Gopinath Raveendran as Vice Chancellor of Kannur University The Supreme Court on Thursday quashed the re-appointment of Dr. Gopinath Raveendran as the Vice Chancellor of Kannur University on the grounds that the appointment was vitiated by undue interference from the Government of Kerala. The Bench of Chief Justice of India DY Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra observed that though the notification of appointment was issued by the Chancellor in November 2021, the same was vitiated by ‘unwarranted interference’ by the state government. Setting aside the February 2022 verdict of the Kerala High Court, the Apex Court observed that the Chancellor (Kerala Governor) ‘abdicated or surrendered’ the statutory powers for re-appointing the Vice Chancellor, rendering the entire decision making process ‘invalid’. Taking cognisance of a press release issued by the Kerala Raj Bhavan, which stated that the process of re-appointment

The Supreme Court on Wednesday said that an offence of criminal conspiracy punishable under Section 120-B of the Indian Penal Code (IPC) will be deemed a scheduled offence under the Prevention of Money Laundering Act, only if the alleged conspiracy was directed towards committing an offence specifically included in the schedule of the PMLA. The Bench of Justice Abhay S. Oka and Justice Pankaj Mithal passed the orders on a petition challenging the Karnataka High Court verdict, which refused to quash the proceedings in a case pending before Special Judge, Bangalore for the offence of money laundering against her under PMLA. The case pertained to a complaint filed by the Enforcement Directorate (ED) on March 7, 2022 against the former Vice-Chancellor of Alliance University, which stirred a controversy.  An FIR in the predicate offence was registered under Sections 143, 406, 407, 408, 409, 149 of IPC. Though the offences in the present case were not ‘scheduled offences,’ the Enforcemen

The Chhattisgarh High Court dismissed a Public Interest Litigation (PIL) filed seeking direction that operation of the limestone mines owned by the private respondent situated at the village Ghorda Tehsil Dogargaon District Rajnandgaon must be stopped to prevent further pollution and hardship caused to local residents. The PIL filed by Komal Lal Sahu further seeks direction to the private respondent to pay compensation to all the local residents whose houses have been damaged due to operation of the mine owned by him. Anmol Sharmam, counsel for the petitioner submits that the petition has been filed by the petitioner wherein the petitioner is seeking direction of the Court against the illegal mining of the limestone by the crusher owned by the private respondent . The mining has been done in the area in utter violation of the environmental norms which is causing hazardous results for the local residents of the nearby area. On the other hand, Chandresh Shrivastava, Additional Advoc

The Allahabad High Court while setting aside an order of blacklisting and cancellation of mining lease passed against the petitioner, observed that in a civilized society if the rule of law has to be there then the principles of natural justice should compulsorily be followed. The Division Bench of Justice Siddhartha Varma and Justice Shekhar B Saraf passed this order while hearing a petition filed by Maa Vindhya Stone Crusher Company. The petitioner was granted a mining lease for 10 years commencing from 15.7.2016 and ending on 14.7.2026 for the purpose of mining and crushing stone. The petitioner for the purposes of conveyance etc. was also issued Form – MM-11 and regularly OTPs were provided for effective use of the MM-11 Forms. On 17.7.2023, while the petitioner was still operating his mines as per the mining lease dated 15.7.2016 he received a notice on his E-mail Id where the allegation was that illegal mining had been done by him outside the area for which the mining lease w

The Bombay High Court witnessed Advocate Somasekhar Sundaresan sworn in as an additional judge of the Bombay High Court. The oath was administered to Advocate Somasekhar by the Chief Justice DK Upadhyaya. The number of judges at the Bombay High Court is now 69, as against a sanctioned strength of 94 judges. The Central government had cleared Sundaresan’s appointment as an additional judge on November 23, ten months after the Collegium had reiterated its recommendation to elevate him. Sundaresan was recommended for elevation by the Bombay High Court Collegium in October 2021. Subsequently, in February 2022, the Supreme Court Collegium also recommended his name. However, on November 25, 2022, the Central government opposed his elevation. The apparent reason given by the government was that Sundaresan “aired his views in the social media on several matters which are the subject matter of consideration before the courts.” In response to such a stand, the Collegium has said, “Having

Chairman of the National Human Rights Commission (NHRC), Justice Arun Kumar Mishra, has advocated for the enactment of a new law to differentiate between the legitimate promises made by political parties and freebies offered during elections. Speaking during the Plenary Session of the Constitution Day celebrations organised by the Union Ministry of Law and Justice, the NHRC Chairman said the practice of political parties promising freebies during elections needs to be curbed. He said time has come to distinguish between the promise made to voters to create an egalitarian social order envisaged by Chapter 4 (of the Indian Constitution) and when freebies promised would be equivalent to alluring voters via forbidden means in elections.  The differentiation needs to be determined at an appropriate level and forum, even if it meant bringing a specific legislation for the same, he added. Talking about the impact of letter petitions and public interest litigation (PILs) petitions, the fo

The Gauhati High Court has directed the State Authorities to file an affidavit giving the details of how the State is proposing to make the Human Right Commission functional. The Itanagar Bench of Justice Arun Dev Choudhury and Justice Kardak Ete filed by one Tarh Gambo alleging that Human Right Commission in the State of Arunachal Pradesh has not yet been set up. During the course of the proceeding, it is submitted at the bar, the Chairman of the Human Right Commission along with one Member have already been appointed. A Government building has also been provided for functioning of the State Human Right Commission. However, the counsel for the petitioner alleged that supporting staffs are not yet been appointed and other infrastructural facilities are not being provided till date and therefore, the Commission has not been able to start its function. The State counsel responding to such argument submits that even after due advertisement for filling up the vacancies, no candidate h

Taking cognizance of the problem of day-long traffic jams around the court premises, the Lucknow Bench of Allahabad High Court has ordered the state government to consider shifting the Awadh bus stand located at Kamta, Lucknow elsewhere. The Division Bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla passed this order while hearing a PIL filed by Oudh Bar Association High Court Lucknow Bench. The PIL has raised an issue as regards the relocation of a bus station situated in the vicinity of the Court. The members of the Bar contend that the heavy vehicular traffic around the area of High Court is creating public inconvenience which has also added to the pollution in the area and it is for this reason, the Traffic Police of the Government of U.P has made a proposal for re-sitement of the bus stand to some other well-connected place on the outskirts of the city. On the proposal forwarded by the Police Commissioner, Lucknow to the State Government on 24.06.2023, the Co

The Delhi High Court has asked the Municipal Corporation of Delhi (MCD) and the Delhi Police to consider the feasibility of holding the All India Muslim Mahapanchayat at Ramlila Ground on December 18. The single-judge Bench of Justice Subramonium Prasad on Friday directed the authorities to treat as a representation, the application given by Mission Save Constitution, an organisation founded by Advocate Mehmood Pracha, seeking permission for the public meeting on December 18. The High Court passed the orders on a petition seeking direction to the authorities to act upon its request and grant NOC to organise the public meeting. The organisation had filed an application on November 10, seeking permission for holding the Mahapanchayat on December 4. However, the MCD had submitted that the Ramlila Ground was not available for the said date and the same can be allotted subject to NOC from Delhi Police. The Delhi Police contended that NOC was already given to the Maha Tyagi Seva Sanstha

President Droupadi Murmu on Sunday urged the judiciary to adopt a citizen-centric approach to improve access to justice, ensuring that the system catered to the needs of people. Unveiling a statue of the Architect of the Indian Constitution, Dr. Bhim Rao Ambedkar, at the Supreme Court premises on the occasion of the 74th Constitution Day of India, the President hailed the Supreme Court for playing the role of the final interpreter of the country’s founding document (Constitution) to the perfection.  She said like the Indian Constitution, the Supreme Court of India has also been a model to many countries. With a vibrant judiciary, she said she was sure that the health of Indian democracy would never be of concern. The President further appreciated the efforts taken by the Apex Court in making judgments available in regional languages, saying that the step would enhance accessibility and strengthen equality.  She further commended the live webcast of court proceedings, calling it a

The Supreme Court on Sunday witnessed the launch of two new initiatives – FASTER 2.0 and the Hindi version of e-SCR portal, in order to ease the release of prisoners, as well as make justice accessible to the common man. The initiatives were launched during the celebrations of the 74th Constitution Day celebrations at the Supreme Court premises, in an event attended by President Droupadi Murmu, Chief Justice of India D.Y. Chandrachud and Union Law Minister Arjun Ram Meghwal. Speaking about the Hindi version of e-SCR portal, the CJI said that 21,388 judgments have been translated in Hindi and vetted on the e-SCR portal. Besides, 9,276 judgments have been translated to Punjabi, Odia, Bengali, Urdu, Garo, Assamese, Konkani and other languages, which would soon be uploaded on the e-SCR portal.  The CJI said this was one of the best ways of the use of technology to bridge the distance between the courts and the citizens, bringing them closer to each other. Speaking about FASTER 2.0, th

President Droupadi Murmu on Sunday unveiled a statue of the Architect of the Indian Constitution, Dr. Bhim Rao Ambedkar, on the occasion of the 74th Constitution Day of India. The statue was unveiled by President Murmu in the Supreme Court premises in the presence of Chief Justice of India D.Y. Chandrachud and Union Minister for Law and Justice Arjun Ram Meghwal. President Murmu also planted a sapling on the occasion. Kalpana Das, wife of CJI Chandrachud, among others, was present on the occasion. The 7-foot-tall statue, portraying Dr Ambedkar wearing a lawyer’s dress and holding a copy of the Constitution in his hand, was recently brought to the Supreme Court premises from Manesar in Haryana.  Mounted atop a pedestal, the statue of Dr Ambedkar has been placed on the front lawn and garden inside the Supreme Court premises.  Around 50 labourers worked in the Apex Court premises, to build the platform housing the statue.  As per sources, the statue has been sculpted by famous s

The Allahabad High Court has dismissing the application seeking cancellation of bail, said that the law with regard to cancellation of bail is also settled that it is easy to reject a bail application but it is very difficult to cancel the bail already granted and for cancellation of bail very overwhelming and cogent circumstances are necessary. A Single Bench of Justice Sameer Jain passed this order while hearing a Criminal Misc Bail Cancellation Application filed by Santosh Singh. The bail cancellation application has been filed on behalf of the applicant with the prayer to cancel the bail of opposite party no 2 already granted by court concerned vide order dated 30.8.2023 in Case under Sections 376(3), 323, 504 and 506 IPC and Section 3/4 POCSO Act, Police Station Khaga, District Fatehpur. FIR of the case was lodged by the applicant against opposite party no 2 on 17.6.2023 and according to the FIR, on 10.6.2023 at about 5.00 PM in the evening opposite party no.2 enticed away the

The Supreme Court has expressed its strong displeasure over the allegations made by a petitioner regarding the impartiality of an Expert Committee, which was constituted by the Apex Court to examine whether there was any regulatory failure on part of the Securities and Exchange Board of India (SEBI) in relation to the Adani-Hindenburg issue. The issue came up, while the Bench of Chief Justice of India D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra were hearing a batch of Public Interest Litigations (PILs) seeking a Court-monitored investigation into the allegations made by US-based short-selling firm Hindenburg Research against the Adani group of companies regarding violation of stock market regulations. The matter pertained to a report published by the short-selling firm Hindenburg Research, which claimed that Gujarat-based industrialist Gautam Adani had inflated its share prices. The publication of this report led to a sharp fall in the share value of various Ada

The Calcutta High Court on Thursday permitted the Bharatiya Janata Party (BJP) to hold a rally  on November 29 near Victoria House at Esplanade, the same place in central Kolkata where the ruling Trinamool Congress holds its annual ‘Shaheed Divas (Martyrs’ Day)’ rally on July 21. The Division Bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya upheld the single bench order and dismissed the petition filed by the West Bengal government against it. The High Court observed that the advisory said applications need to be made 2/3 weeks prior to the programme. Here, the application has been made 23 days prior.  Noting that the advisory was not a statute, the Bench said the same cannot be taken as a rigid rule and that there was discretion vested with the authorities.  It said procession meetings and rallies were regular features of the state of West Bengal and particularly Kolkata. Many instances were there where rallies have been held without any permission. There w

The Supreme Court on Friday adjourned till December 4, hearing on the bail application of former Delhi Health Minister and Aam Aadmi Party (AAP) leader Satyendar Jain, who was arrested by the Enforcement Directorate (ED) in May last year in a money laundering case. The Bench of Justice A.S. Bopanna and Justice Bela M. Trivedi extended the interim bail granted to Jain on medical grounds till the next date of hearing. It also extended the interim bail granted to co-accused in the case, Ankush and Vaibhav Jain, till December 4. The hearing was today adjourned as Justice Trivedi was sitting in a two-judge combination with Justice Satish Chandra Sharma.  After deliberating with Senior Advocate Abhishek Manu Singhvi, who appeared for Jain and Additional Solicitor General (ASG) S.V. Raju, representing the ED, the Apex Court deferred hearing till Monday.  Jain had moved the Apex Court by way of a special leave petition after the Delhi High Court denied him bail in April this year.  ED ha

The proceedings in a local court at Kottayam district of Kerala were stopped by members of the Kottayam Bar Association, who were protesting against registration of a first information report against a lawyer in a forgery case. The agitated lawyers halted the proceedings going on in the court of Chief Judicial Magistrate Viveeja Sethumohan on Thursday and shouted slogans against her. As per reports, the Advocates shouted “po pulle, podi pulle, CJM ye” and allegedly used abusive words against the CJM. CJM Sethumohan recorded in her order that more than 200 lawyers led by Advocates Sojan Pavianiyos and Benny Kurian halted the proceedings going on in her court and shouted slogans against her.  She alleged that the President and Secretary of the Kottayam Bar Association were amongst the agitators. The Magistrate said that a few videographers recorded the court proceedings, including the protest. When police aid at the court tried to intervene, the lawyers turned against them as well,

The Supreme Court on Wednesday directed the Union government to explore the possibility of reconstituting the Delimitation Commission for proportional representation of the communities designated as the Scheduled Castes (SC) and the Scheduled Tribes (ST). The Bench of Chief Justice of India (CJI) D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra, while noting that no exercise of delimitation has been carried out since 2008, observed that the matter required serious and concerted consideration by the Centre. While observing that it cannot direct Parliament to enact a law, the Bench directed the Union of India to discuss this idea with the Chief Election Commissioner and provide a working solution by November 23. The Apex Court passed the orders on a Public Interest Litigation (PIL) seeking proportionate representation of Scheduled Tribes in the Legislative Assemblies of West Bengal and Sikkim. The Apex Court rejected the Centre’s argument that the Delimitation Commis