Woman judge moves SC against panel to look into her complaint

supreme courtThe Gwalior judge who resigned alleging sexual harassment by a Madhya Pradesh High Court judge today brought her case before the Supreme Court, raising questions over the judicial panel to look into her complaint. The former Additional District and Sessions judge sought setting up a committee comprising two Chief Justices and one judge of High Courts to probe her allegations against the HC judge.

The judge, who had put in his paper after alleged incidents, also pleaded the court that her resignation is a “constructive termination” and she be reinstated will all consequential benefits.
The matter was mentioned before Chief Justice R M Lodha who said it has already been assigned to another bench headed by Justice J S Khehar and she should approach that bench.
CJI said that Justice Khehar was not available today and tomorrow and her plea will be heard on Thursday.

In her petition, she said the HC order of August 8 constituting a judicial panel should be quashed as she felt it will not do justice to her. “Chief Justice of India in his administrative capacity constitute a committee comprising two Chief Justices from outside the High Court of Madhya Pradesh and another High Court judge and also an external non-judicial member to enquire into her complaint,” the petition said.

She had earlier also raised objections to the inclusion of a High Court judge in the committee set up to go into her complaint.She had said the judge, who had harassed her sexually, was still discharging judicial and administrative functions over the staff who were working with her and have witnessed her victimisation. The Gwalior judge had also objected to the summons being sent to her husband and daughter to be present at the enquiry.


SC lets Alagiri’s college to make 2014-15 admissions

AlagiriThe Supreme Court today allowed Daya Engineering College in Madurai, run by former Union minister M K Alagiri’s Educational Trust, to make admissions for the academic year 2014-15.

A bench headed by Justice J S Khehar said that the deficiencies pointed out by the university “should not act as an impediment” to the commencement of the academic session.

(Source: PTI)

Kingfisher Airlines withdraws its plea in SC

KingfisherKingfisher Airlines on Monday withdrew in Supreme Court its appeal against Karnataka High Court’s verdict allowing consortium of banks led by SBI to take possession of its prestigious property Kingfisher House in Mumbai.

As soon as the matter came for hearing before a bench headed by Justice J S Khehar, the company pleaded the court to allow it to withdraw the petition.

The Airlines had moved the Supreme Court challenging the high court’s January 29 verdict that allowed a consortium of banks to take possession of Kingfisher House.

The banks seeking possession and sale of the property are State Bank of India, Axis Bank Ltd, Bank of Baroda, Bank of India, Central Bank of India, Corporation Bank, Federal Bank Ltd, IDBI Bank Ltd, Indian Overseas Bank, Jammu & Kashmir Bank Ltd, Punjab & Sind Bank, Punjab National Bank, State Bank of Mysore, UCO Bank, and United Bank of India.

(Source: PTI)

SC allows Supertech to remove materials from towers

supreme courtThe Supreme Court today allowed real estate major Supertech Ltd to remove construction materials from its sealed 40-storey twin towers in NOIDA to ensure safety of the residents and others. A bench of justices J S Khehar and C Nagappan allowed the plea of Supertech Ltd that keeping the safety aspects in mind, the construction materials and equipments at the site need to be removed.

The Allahabad High Court had earlier ordered demolition of the 40-storey residential twin towers. The apex court had on May 5 agreed to examine the appeal of the firm, ordered “status quo” and sealing of the towers which were allegedly illegally constructed. The towers, Apex and Ceyane, have 857 apartments in total. Of these, about 600 flats have already been sold.

The court also today issued notice to Emerald Court Owner Resident Welfare Association and NOIDA (New Okhla Industrial Development Authority) on the plea and asked them to nominate two representatives each to supervise removal of construction materials from the site. “The application for removal of construction material from the site is being allowed and the exercise for removal of materials from the premises would commence on June 6 from 9 AM to 5 PM,” the bench said.

“The entire exercise of removal of construction material will take place under the supervision of a Local Commissioner (a NOIDA-based lawyer) appointed by the court,” it said. It said the Local Commissioner will prepare an inventory of materials and equipments removed from the site premises.

“The process of removal of materials shall continue for three days starting from June 6 and in case the work is not finished, one day extension could be granted,” the bench said. The officials should de-seal the site for the purpose of removing of materials and re-seal it after the work is finished, it said.

Earlier, the apex court had said that Supertech Ltd was putting lives of thousands of people at stake. On April 11, the Allahabad High Court had ordered demolition of the two towers and directed the company to refund money to the home buyers.

The HC order came on a petition of the Emerald Court Owner Resident Welfare Association, which had alleged that the approval and construction of the two towers was “in complete violation of the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act”.

(Source: PTI)

SC declines plea for CBI probe into Asaram case

The Supreme Court Monday declined to hear a petition that sought a court-monitored CBI probe into the alleged rape of a minor by Asaram Bapu in Rajasthan.

Asking petitioner and Chennai-based lawyer D. Irudayanathan to approach the Rajasthan High Court, the apex court bench of Justice A.K. Patnaik and Justice J.S. Khehar allowed him to withdraw his petition.

The petitioner had sought the effective enforcement of the laws to protect juveniles saying the main reason for his moving the apex court was the stigmatisation and character assassination of the alleged rape victim by the spiritual leaders supporters.

He said that the swift and sensitive investigation in the case could only be done by the “positive intervention” by the apex court in such matters.

The petitioner also sought the scientific determination of the age of the minor victim.

The alleged sexual assault on the 16-year-old girl took place at Asaram’s ashram near Jodhpur Aug 15.

Asaram has been booked under various sections of the Protectio.

(Source: IANS)

SC gives go-ahead to Cauvery panel to examine issues

(IANS) The Supreme Court Tuesday said the Cauvery Monitoring Committee (CMC) would examine at its meeting Wednesday all issues, including shortfall in the river water supplied to Tamil Nadu, and make recommendations.

The court said this on being told that the union water resources secretary in a letter to the Tamil Nadu chief secretary had said that CMC could not go into the question of shortfall in the supply of Cauvery water as the matter was before the apex court.

The court said that notwithstanding that the matter was before it over the contention between Karnataka and Tamil Nadu on the sharing of Cauvery water, the CMC was under no constraint in considering all the issues.

The apex court bench of Justice D.K. Jain and Justice J.S. Khehar said that both the states would be at liberty to approach it to seek any clarification on the recommendations of the committee.

The CMC is meeting Wednesday to decided on the water that Karnataka would be supplying to Tamil Nadu in the first fortnight of November. The CMC would meeting again in mid-November to decided about the water releases Nov 16-30.

The apex court direction to CMC came in the wake of resistance by Karnataka which said that the question of supply of water could not be re-opened by the committee as the same had earlier been decided by the Cauvery River Authority headed by Prime Minister Manmohan Singh.

Senior counsel Fali Nariman, appearing for Karnataka, said the court should adjourn the matter and list it around November-end so that data on the supply of water to Tamil Nadu Nov 1-15 and Nov 16-30 was available.

The court said that it could accede to the request provided Karnataka complied with the interim award of the CRA, both in letter and spirit.

The court orders came in the course of the hearing of a batch of petitions and applications filed both by Karnataka and Tamil Nadu on the release of 9,000 cusecs of water from Cauvery.

The CRA headed by the prime minister, in an interim award, had directed Karnataka to release 9,000 cusecs of Cauvery water every day. The interim CRA award was passed Sep 19.


Minority Sub-quota:Supreme court denial to stay on Andhra Pradesh High court

The  dawn of Wednesday came as a shock to the central government as well as to the politicians advocating religion based reservation as theSupreme Court on Wednesday turned down the central government’s plea to suspend the operation of the Andhra Pradesh High Court verdict quashing 4.5 percent sub-quota reservation for religious minorities.

An apex court bench of Justice K.S. Radhakrishnan and Justice J.S. Khehar, declining to stay the Andhra Pradesh High Court order, said the 4.5 sub-quota for religious minorities set aside in the office memorandum in December 2011 within the overall 27 percent reservation for the Other Backward Classes was not “in conformity with Article 15 of the Constitution”.

Minority Sub-Quota:files documents in Supreme Court

The central government Tuesday filed before theca set of documents supporting its plea seeking a stay on the Andhra Pradesh High Court verdict quashing 4.5 percent reservation for minorities in central government educational institutions and jobs within 27 the percent OBC reservation. Additionalccccmade a mentioning to this effect before the apex court vacation bench of Justice K.S. Radhakrishnan and Justice J.S. Khehar.


Supreme Court refuses to suspend order on minority sub-quota

The Supreme Court Monday declined to suspend for now the Andhra Pradesh High Court’s verdict quashing 4.5 percent sub-quota for minorities within 27 percent reservation for Other Backward Castes (OBC).

An Supreme court bench of Justice K.S. Radhakrishnan and Justice J.S. Khehar declined to suspend the operation of the high court verdict, saying the central government has not placed any material to back up its prayer.

However, the court adjourned the hearing till Wednesday after Attorney General G. Vahanvati told the court that he would place before it the relevant material.

Before adjourning the hearing, the court pulled up the central government for issuing office memorandum providing for 4.5 percent sub-quota within 27 percent OBC reservation for the OBC without undertaking any detailed exercise.

The court asked the Attorney General whether the matter was put up before the National Commission for Backward Communities and the National Commission for Minorities prior to ear-marking 4.5 percent sub-quota.

As Attorney General Vahanvati assailed the high court order, the court told him, “How can you fault the high court when you did not place relevant material before it?”

The high court on May 28 quashed the 4.5 percent sub-quota created through the issuance of an office memorandum Dec 22, 2011. The court had observed that the issuance of the office memorandum for creating the sub-quota was rooted in religious basis than any other constitutional consideration.


UP local bodies’ election will go ahead: Supreme Court

In a breather for the newly-elected Uttar Pradesh government, the Supreme Court Monday declined to stall the election of chairpersons of the state’s local bodies that is to take place in four phases from June 20 – but with a rider.

An Supreme  court bench of Justice K.S. Radhakrishnan and Justice J.S. Khehar, however, said that the announcement of the election results would depend on the outcome of a petition challenging the 63 percent reservation of the chairman’s positions for scheduled castes and tribes, other backward classes and women on a rotational basis.

The court directed the matter be listed for final hearing in the second week of August.

Petitioner Rakesh Gautam has contended that keeping the chairman’s post in the reserved category contravened the local bodies’ statute and should be set aside.

The petitioner has challenged a June 1 Allahabad High Court verdict

holding that though the May 23 notification on the reservations was flawed, the polls would not be stayed as they had been set into motion by a May 25 notificaiton of the state Election Commission.

The four-phased polls will see the election of 740 chairpersons of local bodies, of which 63 percent are reserved for the four categories.