Heena Sharma Blog

  Digital current affairs and news portals along with online content providers such as Netflix and Hotstar have been brought under the Ministry of Information and Broadcasting, the Central government said in an order. Presently, India does not have an autonomous body that governs online content. The notification, which was signed by President Ram Nath Kovind, detailed that films, audio-visual programmes, news and current affairs content online platforms be brought under the ministry of information and broadcasting, presently headed by Prakash Javadekar. The print media is currently overlooked by the Press Council of India and the News Broadcasters Association represents television news channels in the country. Films are monitored by the Central Board of Film Certification. Read More

  The Supreme Court on Wednesday questioned the Maharashtra government over the 2018 abetment to suicide case against journalist Arnab Goswami and said that it would be a travesty of justice if personal liberty of a person is curtailed like this. A vacation bench of Justices D Y Chandrachud and Indira Banerjee asked the state whether there was any need for custodial interrogation of Goswami as the issue pertains to personal liberty.   The bench observed that Indian democracy is extraordinarily resilient and the Maharashtra government must ignore all this (Arnab's taunt on TV). Whatever be his ideology, least I don't even watch his channel but if in this case constitutional court's do not interfere today, we are travelling the path of destruction undeniably, Justice Chandrachud said, adding, the point is can you deny personal liberty of a person on these allegations. Read More

  The Supreme Court on Thursday asked the Centre to issue directions for banning use of disinfectants and ultra violet rays on humans for COVID-19 management. A bench headed by Justice Ashok Bhushan asked the government to do the needful in this regard within a month. The bench passed the verdict on a plea seeking directions to the Centre to forthwith ban the installation, production and advertisement of disinfection tunnels involving spraying or fumigation of chemical disinfectants on humans. On September 7, the apex court had asked the Centre why it has not banned the use of tunnels for disinfecting people for COVID-19 despite taking the stand that spraying of chemical disinfectants is physically and psychologically harmful. Read More

  The Supreme Court on Monday directed all the States to file a detailed affidavit specifying the steps taken by them in connection with a petition seeking directions to provide adequate facilities for the elderly during the ongoing COVID-19 pandemic . A bench of the apex court, headed by Justice Ashok Bhushan, asked all the States to file a detailed affidavit within a period of four weeks and posted the matter for further hearing after four weeks. Former Law Minister and senior advocate Ashwini Kumar, the petitioner in the matter, submitted that the States have only filed reports, which he said is not sufficient for the matter. "Details for measures is necessary to be filed in the case," Kumar said highlighting that there are incidents wherein elderly people were maltreated. "States have to file a better affidavit in the case," the bench said and posted the matter for further hearing after four weeks. Read More           ...

  Holding that the FIR registered in Bihar's Patna over the death of Sushant Singh Rajput was legitimate, the Supreme Court on Wednesday directed the Central Bureau of Investigation (CBI) to investigate the case. The single-judge bench of Justice Hrishikesh Roy also said that the Bihar Government was competent to recommend transfering the case to the CBI. The apex court also asked Mumbai Police to hand over all the evidence collected so far in the case to the CBI. State of Maharashtra refused the option to challenge the order, Justice Roy said. The apex court had, in its last hearing on August 11, reserved its judgment and asked all the parties to file their respective submissions in the case. Former Additional Solicitor General Maninder Singh, appearing for the Bihar Government, had submitted that Bihar Chief Minister had not interfered in the case and added that the recommendation for a CBI probe was based on the advice of the concerned authorities. Read More

A plea has been moved in the Supreme Court seeking directions for the Uttar Pradesh government to conduct a thorough investigation into the killing/alleged encounter of five aides of gangster Vikas Dubey who might have been involved in the killing of eight policemen in Kanpur on July 3. The petitioner also expressed apprehension of Dubey's encounter killing and sought CBI probe into the matter. The plea was moved on Thursday evening by advocate and petitioner-in-person Ghanshyam Upadhyay seeking urgent hearing on the matter. Hours later on Friday, Dubey was killed after being critically injured in an alleged shootout with STF officials on way to Kanpur. He was shot when he reportedly tried to flee, following a road accident in which the vehicle he was travelling in overturned.   Read More

The Centre and the CBSE Thursday informed the Supreme Court that they have decided to cancel the Class X and XII examinations scheduled from July 1-15 due to the Covid-19 pandemic and they would be conducted later. A bench headed by Justice A M Khanwilkar was apprised by the Solicitor General Tushar Mehta that a scheme has been formulated to assess the performance of class XII students on the basis of their performance in last examinations. The top court was also informed that the students will have the liberty to opt either for the examinations, to be conducted later, or go with the assessment process based on past performance. Read More

The Supreme Court on Wednesday revoked the ban of cryptocurrency imposed by the Reserve Bank of India (RBI) in 2018. Pronouncing the verdict, the three-judge bench of the apex court said the ban was 'disproportionate'. The bench included Justice Rohinton Fali Nariman, Justice S Ravindra Bhat and Justice V Ramasubramanian. The Internet and Mobile Association of India (IAMAI), whose members include cryptocurrency exchanges, and others had approached the top court objecting to a 2018 RBI circular directing regulated entities to not deal with cryptocurrencies. Advocate Ashim Sood, appearing for IAMI, submitted that Reserve Bank of India lacked jurisdiction to forbid dealings in cryptocurrencies. The blanket ban was based on an erroneous understanding that it was impossible to regulate cryptocurrencies, Sood submitted. Read More

The Supreme Court on Monday dismissed a curative petition filed by convict Pawan Kumar Gupta who was sentenced to death in the 2012 Nirbhaya gang rape and murder case . A five-judge bench headed by Justice N V Ramana said that no case is made out for re-examining the conviction and the punishment of the convict. Other members of the bench were justices Arun Mishra, R F Nariman, R Banumathi and Ashok Bhushan. The Supreme Court has already rejected the curative petitions of the remaining three convicts. A fresh death warrant has also been issued for the four convicts -- Vinay Sharma, Akshay Thakur, Pawan Gupta and Mukesh Singh -- setting the time of their hanging at 6 am on March 3 at Delhi's Tihar Jail. The mercy petitions of three convicts -- Mukesh, Vinay and Akshay -- have already been dismissed by the President. Read More

The Supreme Court on Thursday questioned the issuance of black warrants for execution of death penalty by trial courts even before the expiry of 60-day time period for filing of appeal by convicts in the apex court. A bench headed by Chief Justice S A Bobde referred to the 2015 verdict of the apex court in which it was held that the death warrant cannot be issued before the expiry of 60-day mandatory period available to a convict for filing the appeal in the Supreme Court against the high court's judgement. "We want to know as to how such orders issuing black warrants are being passed by the trial court despite a reported judgement in this regard. "Someone has to explain this. The judicial process cannot be allowed to happen like this," the bench said. It also stayed the death warrant issued by a Gujarat sessions court against a convict Anil Surendra Singh Yadav in a rape and murder case. Read More

The Supreme Court deferred the hearing on Centre's plea seeking separate execution of four convicts in the 2012 Nirbhaya gangrape and murder case to Friday and asked the convicts to file their counter replies by then. A bench of Justices R Banumathi, Ashok Bhushan and A S Bopanna appointed senior advocate Anjana Prakash as amicus curiae on Thursday to represent the convict Pawan Kumar Gupta. The bench said it is deferring the hearing till 2 pm Friday in wake of a trial court order on Wednesday, which directed the District Legal Services Authority to provide Gupta's father with a list of its empanelled advocates to choose from to represent the convict. Gupta is the only convict who has not yet filed a curative petition the last legal remedy available to a person which is decided in-chamber. He also has the option of filing a mercy plea against the death sentence. Read More

The Supreme Court on Wednesday said it would hear on February 11 the Centre's plea seeking Rs 7,844 crore as additional funds from successor firms of the US-based Union Carbide Corporation (UCC) for giving compensation to victims of the 1984 Bhopal gas tragedy . A five-judge bench headed by Justice Arun Mishra also said that the plea would be heard by the apex court in a "different combination" of judges. Justice S Ravindra Bhat, who is part of the five-judge bench, on Tuesday had offered to recuse himself from hearing the matter saying he had earlier appeared as a lawyer for the Centre when the review plea in the case was adjudicated upon. At the outset of the hearing, Justice Mishra said, "We will hear this on February 11 in different combination (of judges)." Attorney General K K Venugopal told the bench, also comprising justices Indira Banerjee, Vineet Saran, M R Shah and Bhat, that a full-fledged hearing in the matter may not be possible from F...

The Supreme Court on Wednesday gave the Centre four weeks to respond to pleas challenging the validity of the Citizenship Amendment Act (CAA) and said it will set up a five-judge Constitution bench to hear the petitions. While making it clear that it will not grant any stay on the CAA without hearing the Centre, a bench headed by Chief Justice S A Bobde restrained all high courts from hearing pleas on CAA till it decides the petitions. The bench said it will hear petitions pertaining to Assam and Tripura separately as the problem with CAA in these two states is different from rest of the country. "The petitions concerning Assam and Tripura as well as matters related to Uttar Pradesh, which is going ahead with the implementation of CAA without framing any rules, can be dealt with separately," the court said. Attorney General K K Venugopal, appearing for the Centre, told the bench that the government has been given copies of around 60 pleas out of the 143 petitio...

The Supreme Court will hear at 12.45 pm on Monday the plea of a death row convict in the 2012 Nirbhaya gangrape and murder case against a Delhi High Court order dismissing his claim that he was a juvenile when the crime was committed. Pawan Kumar Gupta's plea will be heard by a bench of Justices R Banumathi, Ashok Bushan and A S Bopanna. Gupta had moved the apex court on Friday. He has also sought a direction restraining the authorities from executing the death penalty, scheduled for February 1. A Delhi court on Friday issued fresh death warrants for February 1 against the four convicts -- Vinay Sharma, Mukesh Kumar, Akshay Kumar Singh and Pawan -- in the case. A 23-year-old paramedic student, referred to as Nirbhaya, was gangraped and brutally assaulted on the intervening night of December 16-17, 2012 in a moving bus in south Delhi by six persons before she was thrown out on the road. Read More

The Delhi government Wednesday told the high court that execution of the death row convicts in the Nirbhaya gangrape and murder case will not take place on January 22 as a mercy plea has been filed by one of them. The four convicts -- Vinay Sharma (26), Mukesh Kumar (32), Akshay Kumar Singh (31) and Pawan Gupta (25) -- are to be hanged on January 22 at 7 am in Tihar jail. A Delhi court had issued their death warrants on January 7. Justices Manmohan and Sangita Dhingra Sehgal were told by the Delhi government and the Centre that the petition filed by convict Mukesh, challenging his death warrant, was premature. The Delhi government and the prison authorities informed the court that under the rules, it will have to wait for the mercy plea to be decided before executing the death warrant. They also said that none of the four convicts can be executed on January 22 unless the present mercy plea is decided. Read More

The Supreme Court on Tuesday dismissed the curative petitions filed by two of the four death row convicts in the 2012 Nirbhaya gangrape and murder case . A five-judge bench headed by Justice N V Ramana rejected the curative petitions filed by Vinay Sharma (26) and Mukesh Kumar (32). The proceedings were conducted in-chamber.

The Supreme Court on Monday said that Vijay Mallya cannot use pendency of his plea in the apex court to stall insolvency proceedings initiated against him in other jurisdictions. A bench headed by Chief Justice S A Bobde passed the order after the Centre told the top court that Mallya used pendency of his plea to stall the UK court from delivering verdict in insolvency proceedings. Mallya had approached the apex court on June 27 seeking a stay on the confiscation of properties owned by him and his relatives. Mallya, who is currently in the UK, has been charged by the Enforcement Directorate (ED) with defaulting on bank loans to the tune of Rs 9,000 crore. He is also facing an extradition trial in the UK. Read More

The Kerala government has in principle decided to give Rs 1.3 crore as compensation to former ISRO scientist Nambi Narayanan, who was falsely implicated in the 1994 espionage case. The amount is for settling the case filed by 77-year-old Naryananan against the government in a sub-court here, seeking enhanced damages for his illegal arrest and harassment. The compensation is in addition to the Rs 50 lakh provided by the government to the former scientist on a Supreme court order and the Rs 10 lakh recommended by the National Human Rights Commission. The cabinet meeting, which took the decision here on Thursday, also decided that the settlement agreement would be submitted before the court after consulting legal experts and further action would be taken as per the court's directions, a government press release said. Read More

The Supreme Court on Wednesday decided to examine the constitutional validity of the Citizenship Amendment Act but refused to stay its operation. The Act provides citizenship rights to certain class of refugees who have come to India from Pakistan, Bangladesh and Afghanistan. A bench comprising Chief Justice S A Bobde and justices B R Gavai and Surya Kant fixed the pleas, including those filed by the Indian Union Muslim League and Congress leader Jairam Ramesh, for hearing on January 22, next year. The bench issued notice to the Centre on the batch of pleas seeking stay on the operation of the law as well as on the main petition challenging the constitutional validity of the controversial legislation. Read More

The mother of the victim in the 2012 Delhi gang-rape and murder case moved the Supreme Court on Friday opposing the plea filed by one of the four death-row convicts seeking review of its 2017 judgement awarding him death penalty. The counsel appearing for the victim's mother mentioned the matter before a bench headed by Chief Justice S A Bobde and said they are opposing convict Akshay Kumar Singh's review plea, which is scheduled to be heard by a three-judge bench on December 17. The apex court had on July 9 last year dismissed the review pleas filed by the other three convicts -- Mukesh (30), Pawan Gupta (23) and Vinay Sharma (24) -- in the case, saying no grounds have been made out by them for review of the 2017 verdict. A 23-year-old paramedic student, who came to be known as Nirbhaya, was gang-raped on the intervening night of December 16-17, 2012 inside a running bus in south Delhi by six persons and severely assaulted before being thrown out on the road. She ...