Tag: plea

SC agrees to examine a plea against ‘The Kerala Story’ on May 15

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New Delhi: The Supreme Court on Tuesday agreed to hear, on May 15, a plea against the Kerala High Court’s refusal to stay the film “The Kerala Story” – the fourth time when the apex court would consider the plea related to the movie.
A bench, headed by Chief Justice of India D.Y. Chandrachud and comprising Justice P.S. Narasimha, agreed to examine the matter on Monday after a plea for urgent hearing was mentioned before the bench by senior advocate Kapil Sibal on behalf of the petitioners.
The plea challenged the May 5 order passed by the high court declining any relief, saying there was nothing offensive against Islam or Muslims in the film.

Meanwhile, it is learnt that producers of the movie have moved a petition in the apex court challenging the ban on the film by the West Bengal government and also the decision not to release the film in theatres in Tamil Nadu. The plea has claimed that it is against artistic freedom. They are likely to mention the matter on Wednesday for urgent hearing.
On the day of the release of the film, the Kerala High Court, while hearing petitions seeking the ban of the film, categorically, in the midst of the hearing, pointed out that in a secular state like Kerala, nothing is going to happen.
“Nothing is going to happen if the film is screened in Kerala. On examining the teaser and the preview of the film, there is nothing which is against any religion and Islam is not portrayed in poor light. There is a reference to IS and, in the country, there have been several films which refer to IS,” said the court.
“Fail to understand how this film would be against society as even the Censor Board has given the certification. The premise of the film is fictional in nature and when fictional themes have been cleared in the past, how can one prevent the screening of this film,” it asked.
The apex court had, as many as three times, rejected a plea to stop the release of the film, saying that it must also be considered that a filmmaker invests a lot of money and time in making a film and actors also put in a lot of work.

The film, produced by Sunshine Pictures Private Ltd and directed by Sudipto Sen, was released on Friday across the country.
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#agrees #examine #plea #Kerala #Story
( With inputs from www.siasat.com )

May 9, 2023
SC notices to Centre, NMC on plea for restoration of recognition of Telangana medical college

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New Delhi: The Supreme Court has sought responses from the Centre and others on a plea by 38 post graduate students of a Telangana-based medical college challenging its non-recognition by the National Medical Commission (NMC).
A bench comprising Justices S Ravindra Bhat and Dipankar Datta took note of the submissions of senior lawyer Siddharth Bhatnagar and advocate Tanvi Dubey that the recognition of MNR Medical College and Hospital in Telangana has not been restored by the NMC despite a specific order of the high court plunging the future of students pursuing PG courses there into uncertainty.
The petition has been filed by Simhadri Ravi Shankar and 37 others pursuing different PG courses at the medical college located at Fasalwadi in Sangareddy district.

“The petitioners are grossly aggrieved by the alleged inaction on part of the NMC of not providing a specific order restoring the recognition as per the National Medical Commission Act, 2019 in favour of the MNR college for the PG course for academic year 2021-22, in terms of the November 28, 2022 order of the High Court,” one of the lawyers said.
The plea said the doctors have been left in the lurch due to NMC’s inaction.
“It is most humbly submitted that the candidates are shocked to note that despite an oral assurance given to the students by NMC on 27.03.2023, while the SLP filed by NMC … was heard, NMC has till date not complied with the direction passed by the Telangana High Court,” the plea, filed through Dubey, said.
The students have been suffering for almost one year without any fault on their part, it said, adding “Unfortunately, even after such a long delay and even after a specific direction of the High Court, there is no order of renewal of recognition yet.”
The petitioners are aggrieved candidates of MNR college 2021-22 batch of PG students.

The plea has sought a direction to the NMC to pass a specific order restoring the recognition as per the NMC Act, 2019 in favour of MNR for the PG course for academic year 2021-22 within a specified time period not exceeding one week.
The plea, alternatively, seeks a direction to the NMC to reallocate the PG students of MNR college of 2021-22 academic session to some other medical college.
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#notices #Centre #NMC #plea #restoration #recognition #Telangana #medical #college
( With inputs from www.siasat.com )

May 5, 2023
SC declines to hear plea against automatic disqualification of convicted MPs, MLAs

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New Delhi: The Supreme Court on Thursday declined to entertain a plea challenging the validity of the provision mandating “blanket and automatic” disqualification of legislators upon conviction and sentence.
Counsel for petitioner Aabha Muralidharan, contended before Chief Justice of India D.Y. Chandrachud that the provision restrains a lawmaker from freely discharging the duties cast upon him/her by the voters of the constituency.
The bench, also comprising Justices P.S. Narasimha and J.B. Pardiwala, told counsel that the court is not inclined to entertain the petition and “let the aggrieved party come before us”.

The bench asked the counsel, “How are you as an individual affected? When you are disqualified due to the provision, then we can look into it” and asked the lawyer to either withdraw your petition or it will dismiss it.
The plea prayed that automatic disqualification under Section 8A(3) of the Representation of People Act, 1951, should be declared as ultra vires of the Constitution, for being arbitrary, illegal, and violative of fundamental right to equality.
The petitioner, a social worker from Kerala’s Malappuram, sought a direction that automatic disqualification did not exist under Section 8A(3) of the Act, while citing Congress leader Rahul Gandhi’s disqualification as an MP by the Lok Sabha Secretariat.
The plea said: “The grounds for disqualification ought to be specific with the nature of offences as specified under the Code for Criminal Procedure and not in a blanket form, as is currently in force under Section 8(3) of the RP Act”.
The plea contended that interpretation provided by the apex court in Lily Thomas case (2013) requires re-examination, to the effect of adjudicating the provisions of disqualification under Chapter III of the Act. “The operations of Lily Thomas case are being blatantly misused for wreaking personal vengeance against the political parties,” said the plea.

“If the offence under SectionA499 and 500 of the IPC, which just technically has a maximum punishment of 2 years is not removed singularly from the sweeping effect of the judgement in Lily Thomas, it will have a chilling effect on the right of representation of the citizens.”
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#declines #hear #plea #automatic #disqualification #convicted #MPs #MLAs
( With inputs from www.siasat.com )

May 5, 2023
Excise policy case: Delhi HC adjourns hearing on Sisodia’s interim bail plea to May 10

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New Delhi: The Delhi High Court on Thursday adjourned the hearing on former Delhi Deputy CM Manish Sisodia’s interim bail plea in the 2021-22 excise policy case being probed by the Central Bureau of Investigation (CBI) to May 10.
Appearing for the probe agency, Additional Solicitor General (ASG) S.V. Raju submitted before the bench of Justice Dinesh Kumar Sharma that “the change from 5 percent to 12 percent in the interest rate was made to get the kickback money. He (Sisodia) made the policy in such a way that guaranteed return in form of kickbacks came”.
“Sisodia concealed legal experts’ opinion given by eminent personalities as well. He hadn’t mentioned it anywhere. It was ignored completely. They (members of AAP) did not include it in the policy,” the ASG added.

He also said that there was a draft note prepared by a person named Rahul Singh on the instance of Manish Sisodia, which can be proved from their WhatsApp chats.
“The original is missing. Only a part of the draft has been retrieved from the phones,” he said.
Taking note of the submission, the judge adjourned the matter for further submissions to May 10.
Notably, Sisodia had moved the high court on Wednesday seeking interim bail in the case on the ground of his wife’s illness.
Earlier on Thursday, the high court had sought the Enforcement Directorate’s (ED) response on Sisodia’s bail plea in the same case.

Last week, Special Judge M.K. Nagpal of the Rouse Avenue Court had extended Sisodia’s judicial custody till May 12.
The court had also directed the CBI to supply an e-copy of the supplementary charge sheet to Sisodia.
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#Excise #policy #case #Delhi #adjourns #hearing #Sisodias #interim #bail #plea
( With inputs from www.siasat.com )

May 4, 2023
Delhi HC seeks EC’s stand on plea against approval to amended AIADMK constitution

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New Delhi: The Delhi High Court on Thursday sought the stand of the Election Commission of India (ECI) and the AIADMK on a petition against the approval of amendments to the “original constitution” of the party.
Justice Purushaindra Kumar Kaurav issued notice on a petition by B Ramkumar Adityan and K C Suren Palanisamy, who claimed to be primary members of All India Anna Dravida Munnetra Kazhagam (AIADMK), against the ECI order which also endorsed the elevation of Edappadi K Palaniswami as party’s general secretary.
The petition said the order was “illegal” and passed without considering the petitioners’ representation.

The lawyer appearing for the petitioners told the court the amendment to the party laws was approved in a “very mechanical” manner.
“Issue notice returnable in six weeks,” the judge said and listed the case for hearing on October 10.
On April 12, the high court had asked the ECI to decide within 10 days representation by AIADMK to update in its record the party’s amended bye-laws.
The order was passed on a petition filed by AIADMK and its interim general secretary Thiru K Palaniswamy, which claimed that the records of the party were not being updated owing to certain internal disputes pending in AIADMK.
On April 20, the ECI had endorsed the elevation of Palaniswami to the top position of the AIADMK as its general secretary, thereby also acknowledging the expulsion of O Panneerselvam and his supporters from the party last year.

The EC had, however, made it clear that its decision to take on record the changes to the AIADMK’s organisational structure was subject to any further court order on the leadership dispute.
In the petition filed through lawyer Ashish Kumar Upadhyay, the petitioners said the ECI order was “illegal, ultra vires to the provisions of the Section 29A of the Representation of People Act 1951, the provisions of Original Constitution of the Respondent No.2 Party (AIADMK) and Natural Justice”.
“When there are civil suits pending before various forums challenging resolutions passed to amend the Party Constitution by the General Council on 12.09.2017, the Executive Council on 01.12.2021 and the General Council 11.07.2022 and Election of Shri. Edapadi.K.Palanisamy as the General Secretary of the Respondent No.2 Party, the Respondent has no choice to accept the Resolutions and amended Constitution of the Party on file,” the petition said.
“If the respondent has taken a decision to take the amended Constitution on file pending disposal of the civil suits, it will cause irreparable damage to functioning of the party and rights of the Primary Members,” the plea added.
AIADMK’s petition had earlier asserted that not updating the ECI records is wholly contrary to the various settled legal principles and the inaction will only cause severe disruption of the activities of the party which will in turn have a serious bearing on the democratic principles of the nation.
“The inaction of ECI has grossly violated the Article 19(1)(c) of the petitioners as petitioner no. 1 (AIADMK) is an association of persons and owing to the inaction of ECI, the petitioner no. 1 is not able to effectively carry out its functions which is the dire need of the hour especially owing to the fast approaching General Assembly Elections to Lok Sabha,” the AIADMK petition had said.
“The inaction of ECI is causing grave prejudice and hardship not only to the AIADMK party but also to the primary members of AIADMK party and entire citizenry of State of Tamil Nadu for the reason that absolute strangers to the AIADMK party are representing themselves as coordinators and other office bearers of party. They are also appointing various unknown persons to the posts of AIADMK party and such impersonation cannot be allowed in a vibrant democracy,” it said.
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#Delhi #seeks #ECs #stand #plea #approval #amended #AIADMK #constitution
( With inputs from www.siasat.com )

May 4, 2023
A lot of work goes in: SC quashes plea against ‘The Kerala Story’

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New Delhi: The Supreme Court on Thursday rebuffed a fresh attempt by a petitioner seeking a stay on the release of the film ‘The Kerala Story, saying that a filmmaker invests a lot of money and time in making a movie and actors also put in a lot of work, and the market will decide if it is not up to the mark.
A bench headed by Chief Justice of India D.Y. Chandrachud and comprising Justices P.S. Narasimha and J.B. Pardiwala said: “One, the CBFC has released the film; two, the Kerala High Court declined to stay the film; and three, yesterday we said we are not going to entertain a petition under Article 32. Now, after these steps have been completed and now for us to hear an application like this is not proper.”
During the hearing on the plea, filed by journalist Qurban Ali, the bench emphasised that before rushing to the court against the movie, a thought should be given about the filmmaker and actors and how many times will this be challenged?

The bench told petitioner’s counsels, senior advocate Huzefa Ahmadi and Shoeb Alam, to look at the filmmaker, he cannot be made to face courts for the release of his film and the Kerala High Court had applied its mind while refusing interim relief of staying the film release.
Ahmadi submitted that a letter was sent to the acting Chief Justice of Kerala High Court, who said that a bench has been constituted.
The registry later informed the petitioner that the bench will not hold sitting on Thursday and also the Kerala High Court is on summer vacation, Ahmadi contended.
However, the apex court refused to entertain the plea against the movie.
The bench pointed out that the petitioner initially tried to challenge the release of the film through an interlocutory application in a pending hate speech case, which was turned down by another bench.

Ahmadi requested the bench to allow him to argue his case in the court before the release of the film.
The Chief Justice told the counsel to work out remedies before the high court.
On Wednesday, the Supreme Court refused to entertain a plea by the Jamiat Ulama-i-Hind seeking a direction to the Centre and others not to allow the screening or release of the movie in theatres, OTT platforms and other avenues, and also that the trailer should be removed from the Internet.
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#lot #work #quashes #plea #Kerala #Story
( With inputs from www.siasat.com )

May 4, 2023
Defamation case: No interim relief for Rahul as Guj HC reserves order on revision plea

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Ahmedabad: The Gujarat High Court on Tuesday reserved its orders in the revision plea filed by Congress leader Rahul Gandhi in connection with his conviction in a defamation case that subsequently led to his disqualification as a Member of Parliament.
Rahul Gandhi had appealed to the Gujarat High Court for an interim stay of his conviction until the court pronounced its order on his petition.
However, the single judge hearing the case, Justice Hemant Prachchhak, has postponed his decision until after the summer vacation, which ends on June 4.

On April 29, Rahul Gandhi’s lawyer — Abhishek Manu Singhvi, also a Congress leader, argued in the court that his client had not committed any heinous crime or an offence involving moral turpitude, which are the two tests for denying suspension of conviction.
The case stems from a 2019 rally in Kolar, Karnataka, where Rahul Gandhi had said, “Nirav Modi, Lalit Modi, Narendra Modi. How come all the thieves have ‘Modi’ as a common surname?”
This remark led to a criminal defamation case being filed against him by Surat BJP legislator, Purnesh Modi.
Gandhi had been sentenced to two years in jail by a Surat court, leading to his disqualification as a Member of Parliament.
During the previous hearing, Justice Prachchhak had emphasised that Rahul Gandhi, being an elected representative of the people, should have been more cautious while making statements.

Singhvi had argued that the maximum punishment for a bailable, non-cognizable offence of two years could result in his disqualification, leading to a “very serious additional irreversible consequence to the person and the constituency he represents”.
Earlier this year, the Sessions Court in Surat had dismissed Rahul Gandhi’s plea seeking suspension of his conviction by the Magistrate court, stating that his disqualification would not result in an irreversible loss to him.
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#Defamation #case #interim #relief #Rahul #Guj #reserves #order #revision #plea
( With inputs from www.siasat.com )

May 2, 2023
SC notice to UP govt on disqualified Abdullah Azam Khan’s plea for stay on conviction

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New Delhi: The Supreme Court on Monday sought response from the Uttar Pradesh government on a plea by Samajwadi Party leader Azam Khan’s son challenging the high court refusal to stay his conviction in a more than a decade-old case, which led to his disqualification as an MLA.
An advocate, representing Mohammad Abdullah Azam Khan, submitted before a bench headed by Justice Ajay Rastogi that his client was a juvenile when the incident took place.
The bench, also comprising Justice Bela M. Trivedi, said that the court was not examining petitioner’s juvenility, rather looking at his prayer seeking stay on conviction. The top court was informed that the election to Suar assembly constituency, which has been vacant after Khan’s disqualification, is scheduled for May 10.

Khan filed an appeal in the apex court challenging the April 13 order of the Allahabad High Court, which declined to stay his conviction.
The bench issued notice to the UP government and sought its reply, and made it clear that the election will be subject to the outcome of the petition.
It asked Additional Solicitor General K.M. Nataraj, representing the UP government: “Can we test the morality of an individual, convicted and sentenced? Can he not be an elected representative?”
The bench said the state has to demonstrate prima facie that he has done a crime in his own capacity. Nataraj submitted that he will file his response to the appeal filed by Khan.
After hearing submissions, the bench said: “Let the counter be filed. Let the election to be held on May 10 be subject to the outcome of this special leave petition.” It has scheduled the matter for further hearing in the second week of July.

In February, Khan was awarded two years’ imprisonment in the case by a Moradabad court. His conviction led to his disqualification as MLA.
It has been alleged that Khan and his father had blocked traffic after their vehicle was stopped by the police for checking.
A criminal case was registered in 2008 against Khan and his father Azam Khan at Chhajlet police station in Moradabad under sections 341 and 353 of the IPC.
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#notice #govt #disqualified #Abdullah #Azam #Khans #plea #stay #conviction
( With inputs from www.siasat.com )

May 1, 2023
NIA Opposes Separatist Leader’s Bail Plea In Terror Funding Case

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SRINAGAR: The National Investigation Agency (NIA) has opposed the bail plea of separatist leader Nayeem Ahmad Khan in a case related to alleged terror funding under the Unlawful Activities Prevention Act (UAPA) before the Delhi High Court.
Khan has been in judicial custody since August 14, 2017, and has been accused by the NIA of “creating unrest” in the Kashmir valley. He was arrested on July 24, 2017, and charges for various offences under the Indian Penal Code, including sedition and UAPA, were framed against him by a special NIA court on March 16 last year.
The NIA has submitted that evidence collected in the case clearly establishes a prima facie case against Khan and that he was involved in terrorist and funding activities. Certain letters were found during search and seizure from Khan’s residence showing that he was getting students admitted for MBBS courses in Pakistan, according to the agency.
The NIA has alleged that this shows Khan’s involvement in terror funding out of commission earned from getting students admitted to MBBS courses in Pakistan. Various videos have also been relied upon by the NIA to allege that Khan is seen leading a “pro-ISIS rally” and “visiting areas where terrorists were killed.” The NIA has stated that the videos have conversations by Khan about funding from Hizbul Mujahideen.
The matter will be heard on May 03 by a division bench of Justice Siddharth Mridul and Justice Talwant Singh. The case alleges that there was a larger criminal conspiracy for causing disruption in the Kashmir valley by way of “pelting stones on the security forces, systematically burning of schools, damage to public property, and for waging war against India.” The case has been registered under various sections of the Indian Penal Code and the UAPA.
While denying him bail, the special NIA judge had noted that a detailed scrutiny of evidence and statements of various witnesses was done at the time of framing of charges and it was concluded that there is sufficient evidence available raising “grave suspicion” regarding Khan’s involvement. (LiveLaw)

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#NIA #Opposes #Separatist #Leaders #Bail #Plea #Terror #Funding #Case

( With inputs from : kashmirlife.net )

April 30, 2023
Telangana HC adjourns hearing on Kadapa MP’s anticipatory bail plea

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Hyderabad: The Telangana High Court on Friday adjourned, to June 5, the hearing on the anticipatory bail petition of Kadapa MP Y.S. Avinash Reddy in former Andhra Pradesh minister Y.S. Vivekananda Reddy’s murder case.
While the MP’s counsel pleaded to the court to pass an order restraining CBI from taking any harsh measure against him in the case, Justice K. Surender made it clear that it’s not possible to hear the arguments and pass an order immediately.
As the court has summer holidays from Saturday, the judge adjourned the hearing to June 5.

Avinash Reddy’s lawyer Niranjan Reddy requested the court to hear the case during holidays as the CBI is likely to arrest the MP. The judge suggested that in case of any emergency, they may make a request to the Chief Justice.
Counsel then requested the court to at least pass an order restraining the CBI from arresting him for two weeks. The High Court, however, made it clear that in view of the Supreme Court’s judgement, it can’t pass such an order.
The MP’s counsel was suggested to approach a special vacation bench, if necessary.
The Supreme Court had last week set aside Telangana High Court’s interim order, staying his arrest by the CBI till April 25.
The apex court pronounced the order on a petition filed by Vivekananda Reddy’s daughter Suneetha Reddy.

A bench comprising Chief Justice D.Y. Chandrachud and Justice P.S. Narasimha also extended the deadline for completing the investigation into the case till June 30.
The Supreme Court had earlier fixed April 30 as the deadline for the CBI.
Avinash Reddy, cousin of Andhra Pradesh Chief Minister Y.S. Jagan Mohan Redddy, appeared before the CBI as per the interim order of the Telangana High Court on his anticipatory bail petition.
Vivekananda Reddy, brother of former Chief Minister Y.S. Rajasekhara Reddy, and uncle of Jagan Mohan Reddy, was murdered at his residence in Pulivendula on March 15, 2019, weeks before the elections.
The 68-year-old former state minister and former MP was alone at his house when unidentified persons barged in and killed him.
The CBI took over the investigation into the case in 2020 on the direction of Andhra Pradesh High Court while hearing a petition of Vivekananda Reddy’s daughter Suneetha Reddy, who raised suspicion about some relatives.
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#Telangana #adjourns #hearing #Kadapa #MPs #anticipatory #bail #plea
( With inputs from www.siasat.com )

April 28, 2023