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SC sets up 'Social Justice Bench' with the object to 'secure social justice'

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Supreme Court India

New Delhi: The Supreme Court today set up a special ‘Social Justice Bench’ to exclusively hear cases concerning social issues particularly those related to women, children and underprivileged saying that specialised approach is needed for dealing with these matters.

Emphasising that judiciary needs to be proactive to ensure early disposal of such cases and to bring fruits of the rights provided under the Constitution to people, the apex court set up the bench which will assemble every Friday at 2 PM from December 12.

“In Supreme Court several cases relating to the domain of social justice are pending for several years. Chief Justice of India is of the view that these cases shall be given a specialised approach for their early disposal so that the masses will realise the fruits of the rights provided to them by the constitutional text.”

“In this perspective his Lordship has ordered constitution of special bench titled as ‘Social Justice Bench’ to deal specially with the matters relating to society and its members, to secure social justice, one of the ideals of the Indian Constitution,” a press release issued by the apex court said.

The special bench will comprise justices Madan B Lokur and U U Lalit.

“Under the domain of social justice, several cases highlighting social issues are included.”

To mention summarily about the release of surplus foodgrains lying in stocks for the use of people living in the drought-affected areas to frame a fresh scheme for public distribution of foodgrains, to take steps to prevent untimely death of women and children for want of nutritious food, providing hygienic meal besides issues relating to children to provide night shelter to destitute and homeless, to provide medical facilities to all the citizens irrespective of their economic condition, to provide hygienic drinking water, to provide safety and secure living condition for the fair gender who are forced into prostitution etc.

“These are some of the areas where the Constitution mechanism has to play a proactive role in order to meet the goals of the Constitution,” the release said.

Karnataka-cadre IPS officer Rupal Kumar Dutta to lead 2G probe

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cbi_headquater

Bengaluru: The Central Bureau of Investigation has appointed Rupal Kumar Dutta, additional director, Central Bureau of Investigation (CBI) to head the 2G spectrum scam probe. The decision came after Supreme Court’s order asking the CBI chief Ranjit Sinha to recuse from 2G scam investigation and prosecution.

Sinha attended the office on Friday, even though the demand for his resignation and suspension, even from some of his predecessors grew louder after the SC decision.

A 1981-batch IPS officer from the Karnataka cadre, Dutta is the overall in-charge of the Anti-Corruption Bureau (ACB) of the agency which is probing the 2G cases.

“As per the directions of the Supreme Court of India, Director CBI has recused himself from the investigation and prosecution of the case relating to 2G spectrum allocation. As directed, RKDutta, Additional Director, who is the senior-most officer of the investigating team in the case, will henceforth be overall in-charge of the case,” read the CBI statement issued on Friday evening.

SC bench headed by Chief Justice H L Dattu on Thursday refused to pass an elaborate order on the issue, stating that it would “tarnish” the “image and reputation” of the premier investigating agency.

The SC order has also put a question mark on Sinha’s continuation as the agency chief. Sources in the Home ministry stated that the best option for Sinha is to go on leave on his own, so that government may not have to initiate any action for his replacement. He is retiring on December 2, this year.

A panel including Home secretary, the secretary of the Department of personnel and the Chief vigilance commissioner recommended name of Sinha as the agency chief in 2012 after which he was appointed by the Prime minister.

Interestingly, the then opposition leaders Sushma Swaraj and Arun Jaitley had opposed the appointment and written a strong letter to Prime minister Manmohan Singh. “We must record our strong disappointment and disapproval of this act of the government,” the letter read.

After the enactment of the Lokpal and Lokayuktas Act in January this year the provisions of the Delhi Special Police Establishment (DSPE) Act, 1946, which governs the functioning of the investigation agency, were changed including the requirement of consultation with the outgoing CBI director in the selection process.

According to the Lokpal Act, the selection of the CBI chief has to be done by a committee headed by the Prime minister, and comprising the LoP in the Lok Sabha and the Chief Justice of India or a Supreme Court judge nominated by him as members. As of now there is no recognized LoP in Lok Sabha.

Now, BJP led NDA government, which has largely remained silent on the issue may have to amend the act during the winter session of the parliament starting on November 24.

Dutta, a BTech from IIT Kanpur and MBA from Swinburne University in Australia, has held several important positions in anti-corruption, training and other divisions/zones of the CBI from 1988 to 1996 and 2000 to 2006.

He has also held the posts of Joint Director, DIG and SP. He has been associated with the investigation of a number of sensitive cases, including those entrusted to the Centre Bureau of Investigation by the Supreme Court and high courts that have ended in conviction of the accused persons.

Dutta has held various positions in Karnataka as Superintendent of Police (Karwar and Davangere), DIG Intelligence, Security Vigilance and Northern Range and IG North Eastern Range.

He has also served as Additional Director General of Police (Law & Order) and also as ADGP in Karnataka Lokayukta. Dutta has been awarded the President’s Police Medal for Distinguished Service.

SC notice on BJP plea on its foreign funding

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BJP

New Delhi: The Supreme Court Friday issued notice to the central government and the election commission on a BJP plea challenging the Delhi High Court order that the contribution to its coffers by the Indian subsidiary of an overseas-based company amounted to foreign contribution.

An apex court bench headed by Chief Justice H.L. Dattu while issuing notice on Bharatiya Janata Party’s (BJP) plea, tagged it with an earlier Congress plea on the same issue.

The Delhi High Court had ruled that the funding for the Congress and the BJP by the Indian subsidiary of an overseas company amounted to foreign contribution which is prohibited and has urged the Election Commission (EC) and the central government to proceed against them.

(IANS)

Supreme Court removes CBI chief Ranjit Sinha from 2G scam probe

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Supreme Court India

New Delhi/Agencies: The Supreme Court on Thursday removed CBI Director Ranjit Sinha from 2G case investigation.

CBI’s senior most officer will now oversee 2G probe after removal of Sinha from the case.

“We direct Ranjit Sinha not to interfere in the 2G probe,” the apex court said, adding that his subordinate could take over the investigation into alleged illegal allocations of second-generation airwaves for mobile connectivity by the previous UPA government.

“We are not giving detailed, elaborate orders to protect the fair name of the institution and reputation of the CBI,” the Supreme Court said in its observations on India’s premier investigating agency. Sinha is to retire from his post on December 2 this year.

The apex court verdict is based on a petition filed by senior lawyer and Aam Aadmi Party leader Prashant Bhushan that alleges that Sinha tried to help those being investigated for serious criminal charges in the 2G scam. The apex court observed that apparently “all is not well” within the CBI and seemingly, the allegations made by an NGO against Director Ranjit Sinha have “some credibility”.

“For us, it appears that all is not well and prima facie it seemss that allegations made in the application by the NGO has some credibility,” the apex court said while hearing the case related to allegations by the Centre for Public Interest Litigation that Sinha might have tried to save some accused in 2G spectrum scam.

Meanwhile, the apex court pulled up joint director Ashok Tiwari after he put forward his view on allegations against Sinha.

“You are not agents of CBI director. You can’t be his mouth piece,” SC said.

Black money: List of around 627 people submitted to SC

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BLACK-MONEY

New Delhi: The Centre government on Wednesday submitted a list of 627 Indians having accounts in foreign banks in a sealed envelope to Supreme Court, which on Tuesday had pounded the government for not revealing all the information in the case.

Attorney General Mukul Rohatgi submitted three sets of lists with the 627 names of people stashing untaxed or black money to the apex court, which fixed March 31, 2015 as the deadline to conclude the investigation into the case.

Rohatgi said more than half of the people in the list are Indian nationals while the rest are Non-Resident Indians. He said that most people named in the list, which was last updated in 2006, have their accounts with the HSBC Bank.

The apex court refused to open the envelope and directed to place documents before the Special Investigative team (SIT).

Only SIT chairman and vice chairman can open the sealed envelope containing names of account holders, said the SC.

The Supreme Court also directed the government to share the list with the Enforcement Directorate and the Central Bureau of Investigation. The case will be next heard on December 3 after the SIT submits its status report by November 30.

The first list submitted in the Supreme Court contains the details of treaties and agreements India has signed with Swtizerland and other nations where the illegal money is said to be stashed. The second list has all the names while the third list has a status report on the investigation in the case.

Rejecting its stand, the Supreme Court on Tuesday ordered the Centre to disclose all the names of black money holders abroad to it in a sealed envelope and slammed it for reluctance on the issue.

The apex court had some strong words for the new government for seeking modification of its earlier order on disclosure of all names saying this was accepted by the then UPA government.

“Why are you trying to protect people having bank accounts in foreign countries. Why are you providing a protective umbrella for all these people.

On Monday, the Centre revealed eight names of Indians holding illegal foreign bank accounts, which included consumer products giant Dabur India promoter Pradip Burman, Rajkot-based bullion trader Pankaj Chamanlal Lodhiya, Goa mining company Timblo Private Ltd and five of its directors – Radha Satish Timblo, Chetan S Timblo, Rohan S Timblo, Anna C Timblo and Mallika R Timblo.

Supreme Court slams Centre and Lt. Governor on delay in government formation in Delhi

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The court also said that information about the alleged accused or his whereabouts by the informant will be recorded in writing or in electronic form.

New Delhi: The Supreme Court on Tuesday slammed both Centre and Delhi Lieutenant Governor Najeeb Jung for delay in taking decision regarding government formation in Delhi.

“Why was there a five-month delay in breaking the Delhi deadlock?” the apex court asked, adding, “The L-G should have taken the decision at the earliest.”

Delhi has been under President’s Rule after former chief minister Arvind Kejriwal resigned on February 14 over lack of support from the Congress and the BJP on the Jan Lokpal Bill.

The rebuke came as the Centre informed the court that President Pranab Mukherjee had sanctioned inviting the BJP – as the single largest party – to form a “popular government”.

The court said, “Every time just before a hearing, the Centre will come out with some statement, but nothing happens. We have given enough time but nothing came out.”

The Centre reportedly pointed out that President’s Rule for Delhi was valid at least till February.

Meanwhile, AAP chief took it to micro-blogging site Twitter accusing BJP of playing tricks.

Kejriwal further questioned, “How will BJP form government? They don’t have nos. Why don’t they just call elections? If BJP discloses all black money holders’ names, then who will give them money to fight elections in some states and buy MLAs in others?”

The apex court is also reported to have gone ahead with hearing the merits of a petition filed by the Aam Aadmi Party seeking dissolution of the Delhi Assembly and announcement of fresh elections.

The BJP had won 31 seats in the Delhi election but three of its MLAs, including its chief ministerial candidate Harsh Vardhan, contested and won the national election in May. The party will strive to retain those seats in by-polls to be held on November 25. If it wins all three, its tally will rise to 32, including ally Akali Dal, which is closer to the majority mark in the 70-member Delhi assembly.

The AAP has 27 seats while the Congress has 8 in the 70-member Assembly.

SC grants interim bail to Jayalalithaa, suspends sentence

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Jayalalithaa

Bangalore: AIADMK supporters celebrated by bursting crackers and dancing on the roads here after the Supreme Court granted bail to party chief Jayalalithaa in the illegal assets case, paving way for her homecoming for Diwali. The former chief minister of Indian state of Tamil Nadu has been granted bail by India’s Supreme Court after she was sent to a Bangalore jail almost three weeks earlier. She was convicted in a corruption case and sentenced to four years in jail.

The top court suspended Jayalalithaa’s sentence for two months and granted her an interim bail, provided she ‘makes available all documents and translated copies available to Karnataka High Court for speedy adjudication of her appeal against conviction’.

If Jayalalithaa fails to follow the apex court’s order and does not deliver the documents to the high court by December 18, the AIADMK supremo will have go back to jail.

Earlier, the Karnataka High Court rejected her bail plea. Following this, her legal team knocked on the doors of India’s highest court.

The 66-year-old politician had applied for bail on the basis of her advanced age and frail health. She had stated that she suffered from diabetes, hypertension, cellulitis and other ailments.

The former actress turned politican pledged to the court that she will remain in confinement of her house for 2-3 months while pressing for bail. The Supreme Court made that pledge a requirement, noting that since she had pleaded ill health, she must not move out of the premises of her home, and also not receive any visitors.

The court had also asked her to direct her party workers not to create a law and order problem in the state in a reference to the violent protests and shut downs that were by incensed AIADMK workers soon after she was sentenced. There were also threats made against people from Karnataka at the time.

The apex court also granted bail to Jayalalithaa’s close aide Sasikala and her relatives V N Sudhakaran, disowned foster-son of the former Chief Minister, and Ilavarasi.

Supreme Court calls for independent probe in police encounters

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The court also said that information about the alleged accused or his whereabouts by the informant will be recorded in writing or in electronic form.

The court also said that information about the alleged accused or his whereabouts by the informant will be recorded in writing or in electronic form.

New Delhi: Calling for an independent and impartial probe, the Supreme Court Tuesday said that in police shooting cases, the investigation into the incident will be undertaken either by the state CID or the police station other than the one involved in it.

An apex court bench headed by Chief Justice R.M. Lodha said the report of the probe will be sent to the magistrate and to the state Human Rights Commission or the National Human Rights Commission as the case may be.

The inquiry into the “encounter”, the court said in its judgment Tuesday, will be conducted by an officer who is senior to those involved in it.

The court also said that information about the alleged accused or his whereabouts by the informant will be recorded in writing or in electronic form.

(IANS)

Free undertrials who have served half their maximum term, orders Supreme Court

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Supreme Court India

New Delhi: In a landmark judgement, which would come as a sigh of relief to many undertrials who are languishing in prisons for years with only a bleak hope of justice, the country’s apex court ordered the release of all undertrials who have served half their maximum term yesterday.

The bench headed by Chief Justice R.M. Lodha said that district judges will visit jails once in a week for two months in their respective districts and identify such undertrials from October 1.

India’s criminal procedure code already states that once the undertrial has served more than half of his maximum sentence, the detainee must be released by the court on his personal bond with or without sureties, however, the law is rarely implemented.

“Having given consideration to legislative policy in Section 436 A of the CrPC and that a large number of undertrial prisoners are languishing in jails, we are of the view that an order is required to be passed by us so that undertrial prisoners do not continue to be detained in prisons beyond the maximum period as provided under Section 436 A of the CrPC,” the bench, also comprising justices Kurian Joseph and R. F. Nariman, said.

“We want some edifice to be built on the foundation that has to be laid,” the bench added. Though this would not apply in cases where death sentence was provided as maximum sentence.

Speaking to Nasheman, prisoners rights activist and founder of Bangalore based organisation, Janasadbhawana, Mr.Faiz Akram Pasha, said that, “this is a great day for justice in the country, as there are thousands of prisoners slugging their life away for petty crimes in our prisons.”

Ordering the next date of hearing of the case Dec 8, the court said that on the completion of the two-month exercise, the registrar generals of the high courts will send the report on the exercise and undertrial prisoners released to the secretary general of the Supreme Court.

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