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Supreme Court refuses to initiate Contempt against Maharashtra state officers
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Sangeeta Dogra filed contempt petition before the Supreme Court (SC) against officers of the state government including Vikas Kharge, Principal Secretary to the Chief Minister and former Principal Secretary, Ministry of Revenue and Forest, for alleged breach of the orders of the SC dated September 11, 2018.
The allegations were:
1. That the State Government had fabricated documents and had filed false affidavit before the SC.
2. Post Mortem Report revealed that the tigress was not a man-eater and that gunshot wounds were suppressed in post mortem report.
3. Silver Trophy was gifted by Forest Department to the shooter, which is in breach of the SC order.
On February 10, 2021, the SC issued notice to the State of Maharashtra, Vikas Kharge Principal Secretary to the CM and former Principal Secretary AK Mishra, Former PCCF Wildlife and KM Abharna, Deputy Conservator of Forest, Pandharkawda.
In the notice, the Respondents to were directed to remain personally present before the SC.
Advocate Kartik N Shukul appeared for the State of Maharashtra, Vikas Kharge, AK Mishra and KM Abharna.
The defence taken by the respondents was:
1. That the orders of the HC were already tested before the SC and raising the same allegations again would amount to review of the orders of the SC.
2. The allegations as regards breach of the orders of the SC are also false because no specific act of breach has been ascribed to the respondents and that the respondents are not at all responsible for any illegal acts alleged by the Petitioner.
3. The question of whether or not the tigress is a man-eater is an issue that has already been decided by the HC as well as the SC.
4. No felicitation of the shooter was done either by the respondents or any one from the Forest Department.
5. Two committees have already looked into the incident and submitted their report on which the L&JD has given its comments and Mantralaya shall act within 4 months on the opinion of the L&JD.
6. There is no suppression in the PM Report and the PM report refers to the gunshot wound in multiple places.
The court after hearing the parties refused to initiate contempt against the officers and was ready to dismiss the petition, at which point the petitioner requested to withdraw the petition, the request was allowed and the petition was disposed off accordingly.
The bench comprised Justice SA Bobde, Justice AS Bopanna and Justice V Ramasubramanian. While Sangeeta Dogra was the Petitioner in person, AS Bhati was the petitioner for Central Government.
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The Karnataka High Court on Tuesday upheld hijab ban by dismissing petitions filed by a section of Muslim students from the Government Pre-University Girls College in Udupi seeking permission to wear hijab inside classrooms.
The court upheld the state government ban by saying, The prescription of school uniforms is a reasonable restriction.
The court further said hijab was not an essential religious practice in Islam. However, the petitioners are likely to challenge the ban in the Supreme Court.
“Met my clients in Hijab matter in Udupi. Moving to SC soon In sha Allah. These girls will In sha Allah continue their education while exercising their rights to wear Hijab. These girls have not lost hope in Courts and Constitution,” lawyer Anas Tanwir wrote in a tweet.
The court was answering three key questions on the controversy namely:
1. Whether wearing hijab is an essential religious practice in Islamic faith protected under Article 25?
2. Whether prescription of school uniform is violative of rights
3. Whether government order on February 5 was issued without application of mind and manifestly arbitrary?
A three judge bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi delivered their verdict on the ongoing hijab controversy at 10.30 am today.
Ahead of the hijab row verdict, Section 144 was imposed in Bangalore and educational institutions remained closed.
Rajiv Gandhi
The Supreme Court, on Wednesday afternoon, granted bail to AG Perarivala, one of the seven convicts in former Prime Minister Rajiv Gandhi assassination case.
However, the remission of his life imprisonment is pending before the President of India. AG Perarivala was serving life sentence and was jailed for almost 32 years.
Granting him bail, the court, in its order, said: Since Perarivalan has already undergone sentence for more than 30 years, we are of the considered view that he is entitled to bail in spite of the vehement opposition by the Additional Solicitor General Additional KM Nataraj.
The Supreme Court of India, on Thursday, October 21, resumed hearing of cases and pleas in the physical mode for the first time since March 2020, when the COVID-19 pandemic broke out in India.
The Supreme Court has recently issued new SoPs for hybrid hearings as per which all cases on Wednesdays and Thursdays to be heard only in the physical presence of the counsels/parties in courtrooms.
Along with this, SC also decided to allow media persons inside the courtroom during the physical hearings. However, journalists would have to strictly adhere to COVID-19 related norms and protocols.
?With the physical hearing in the Supreme Court of India commencing tomorrow (Thursday, 21 October 2021), it has been decided to allow the media persons, subject to usual COVID restrictions, into the courtrooms for covering the proceedings,” said the top court in a press note.
Supreme Court heard cases through video conference since March last year due to the pandemic and several bar bodies and lawyers demanded that the physical hearings should be resumed immediately.
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