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Won’t expose appointed committee members to be maligned this way: SC slams critics

Supreme Court of India

Supreme Court of India

Expressing displeasure over aspersions cast on members of committee appointed by the Supreme Court to resolve impasse over farm laws, the three-judge bench led by Chief Justice of India Sharad Arvind Bobde, on Wednesday, said that the committee had no power to decide on the legislations. 

“Your demand is to change the committee. What are you basing that on? These people are the brightest minds in agriculture today. They have expertise that their critics do not have and you are maligning them,” CJI Bobde said.

 

We have serious objections on people whom we have appointed are being called names and that this court has interest in appointing them.

 

What interest do we have other than decide on constitutionality? We will not expose people whom we appointed to be maligned this way based on public opinion by majority.”

 

“No power has been given to committee members to adjudicate things, they have to report to us. Where is the question of bias If you don’t want to appear before committee, don’t appear but don’t malign or brand anyone like this.

 

You are casting aspersions on someone in the committee because he has expressed views on farm laws. We have appointed experts in the committee as we are not experts, the court added.

 

The court also issued a notice to the Centre to respond to a petition filed by Bhartiya Kisan Party for filling up vacancy in the four-member committee created by SC, after the resignation of Bharatiya Kisan Union (BKU) Chairman Bhupinder Singh Mann.

 

The SC also asked the Centre to withdraw its plea against the tractor rally on Republic Day and reiterated that it would not pass orders against the protest march.

 

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Legal

Karnataka High Court says wearing hijab non-essential practice in Islam; upholds ban

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Radhika Dhawad | Bengaluru

Representational image

Representational image

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.

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Legal

SC grants bail to Rajiv Gandhi’s assassination convict AG Perarivalan jailed for 32 years

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Radhika Dhawad | New Delhi

Rajiv Gandhi

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.


As per the SC order, Perarivalan would have to follow the conditions of release and would have to report before the local police officer every month. 

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.
On May 21, 1991, he was accused of purchasing an eight-volt battery used to trigger the belt bomb that killed Gandhi. Perarivalan was arrested when he was 19 and was sentenced to death in May 1999.

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Legal

Supreme Court to allow journalists inside courtrooms for physical hearing of cases

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Karan Pareek | New Delhi


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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