All posts tagged: public interest litigation

SC questions Bihar over continuation of minister without being elected legislator

SC questions Bihar over continuation of minister without being elected legislator

The Supreme Court on Thursday questioned the Bihar government over the continuation of minister Deepak Prakash without being an elected member of the assembly and sought a response by Tuesday. The Supreme Court posted the matter for hearing on Tuesday. (HT PHOTO) “How is the state retaining a minister if he is not elected?” asked Chief Justice of India (CJI) Surya Kant after the court was told that the state is yet to file a response to a petition challenging Prakash’s reappointment. Advocate Sudeep Chandra, who appeared for petitioner Rakesh Kumar Singh, sought an urgent listing of the matter as Prakash continued in office. He said that notice was issued on Singh’s public interest litigation on June 15 and the state is yet to respond. The CJI accepted the mentioning request and posted the matter for hearing on Tuesday. “We are keeping this on Tuesday. It is a pure question of law. We will not grant you time on the next occasion for filing an affidavit.” Singh challenged Prakash’s reappointment on May 7, claiming it …

SC orders release of eligible student protesters below 18 in NEET row

SC orders release of eligible student protesters below 18 in NEET row

The Supreme Court on Tuesday directed the release of student protesters who are below 18 years of age and have no criminal record, while restraining authorities from taking coercive action against eligible protesters in connection with the recent nationwide agitation over the alleged NEET paper leak. A bench headed by Chief Justice of India Surya Kant, and comprising Justices Joymalya Bagchi and V. Mohana, issued a series of interim directions while hearing petitions alleging police excesses during the demonstrations. SC orders preservation of digital evidence The apex court directed all states where protests were held to preserve electronic and digital evidence related to the demonstrations. The order covers CCTV footage, drone recordings, body-camera footage, wireless communication records, Police Control Room (PCR) logs and other digital material linked to the protests. The bench also directed that any digital data collected on protesters be preserved but not disclosed publicly. No coercive action against eligible protesters The court restrained authorities from taking coercive action against protesting students during the pendency of the proceedings. However, the protection will not …

Right to peaceful protest guaranteed, police excesses unjustified

Right to peaceful protest guaranteed, police excesses unjustified

The Supreme Court on Monday observed that the right to peaceful protest is absolutely guaranteed under the Constitution and said an agitation cannot be used to justify police excesses or a lathi charge. A bench headed by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, said it would hear on Tuesday a batch of petitions alleging excessive police action against students protesting over the NEET paper leak and other examination-related irregularities across the country. Disclaimer: We do not own any of the content, ideas, images, or text presented here. All rights belong to their respective owners. For more information and to view the original source, please visit the following link: Source link

Delhi HC to hear plea seeking NIA probe into Chalo Sansad protest violence

Delhi HC to hear plea seeking NIA probe into Chalo Sansad protest violence

The Delhi High Court on Thursday agreed to hear a Public Interest Litigation (PIL) seeking a National Investigation Agency (NIA) probe into the violence that allegedly took place during the July 20 “Chalo Sansad” protest over the alleged NEET paper leak. The petition seeks the transfer of all First Information Reports (FIRs) registered by the Delhi Police in connection with the incident to a specialised investigating agency and requests action against those allegedly involved in the violence. High Court lists PIL for hearing on Friday The matter was mentioned before a Division Bench comprising Chief Justice D.K. Upadhyaya and Justice Tejas Karia. Appearing for the petitioner, Advocate Barun Kumar Sinha requested the court to hear the matter on an urgent basis. Accepting the request, the Bench listed the PIL for hearing on Friday. Petition filed by former Akhil Bharat Hindu Mahasabha office-bearer The PIL has been filed by Satish Kumar Aggarwal, a former Vice-President of the Akhil Bharat Hindu Mahasabha, through advocates Sneh Vardhan and Pratibha Sinha. The respondents named in the petition include the …

Will lead Parliament protest as Sonam Wangchuk continues hunger strike, says Gitanjali Angmo

Will lead Parliament protest as Sonam Wangchuk continues hunger strike, says Gitanjali Angmo

Activist Sonam Wangchuk’s wife, Gitanjali Angmo, has announced that she will lead Monday’s planned march to Parliament on his behalf after the Delhi High Court declined to grant interim relief on her plea seeking his transfer from Safdarjung Hospital to a private medical facility, reported the ANI. Wangchuk will end his indefinite hunger strike if political leaders visit him at Safdarjung Hospital and assure him that education accountability will be a key issue during the Monsoon Session of Parliament beginning on Monday, Angmo said, as per the PTI. Disclaimer: We do not own any of the content, ideas, images, or text presented here. All rights belong to their respective owners. For more information and to view the original source, please visit the following link: Source link

Delhi HC orders daily medical monitoring of Sonam Wangchuk during indefinite hunger strike

Delhi HC orders daily medical monitoring of Sonam Wangchuk during indefinite hunger strike

A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia passed the directions while disposing of a Public Interest Litigation (PIL) filed by Rakesh Kumar Sahni, who had expressed concern over Wangchuk’s deteriorating health during the prolonged fast Disclaimer: We do not own any of the content, ideas, images, or text presented here. All rights belong to their respective owners. For more information and to view the original source, please visit the following link: Source link

Delhi HC seeks Centre, Delhi govt's reply on PIL over Sonam Wangchuk's health

Delhi HC seeks Centre, Delhi govt's reply on PIL over Sonam Wangchuk's health

The Delhi High Court on Wednesday sought responses from the Union Government and the Delhi Government on a public interest litigation (PIL) seeking immediate medical intervention for climate activist Sonam Wangchuk, who has been on an indefinite hunger strike at Jantar Mantar since June 28. A Division Bench of Justice Devendra Kumar Upadhyay and Justice Tejas Karia issued notices to the respondents after hearing preliminary submissions and listed the matter for further hearing on Thursday. Court takes up plea citing urgent health concerns The PIL was heard after petitioner Rakesh Kumar Saini, appearing virtually as petitioner-in-person, requested urgent consideration of the matter, citing Wangchuk’s deteriorating health. During the hearing, Saini submitted that Wangchuk’s prolonged hunger strike had significantly affected his health and that immediate judicial intervention was necessary to safeguard his life. Taking note of the urgency, the Bench directed the Union Government and the Delhi Government to clarify their stand on the issues raised in the petition before the next hearing. No government counsel present during hearing The Delhi High Court noted that no …

PIL in Delhi HC seeks medical aid, force-feeding for Sonam Wangchuk

PIL in Delhi HC seeks medical aid, force-feeding for Sonam Wangchuk

The petitioner has urged the court to direct the Union Government and the Delhi Government to ensure immediate medical treatment for Wangchuk, initiate dialogue over the issues raised during his protest and take all necessary steps to safeguard his life Disclaimer: We do not own any of the content, ideas, images, or text presented here. All rights belong to their respective owners. For more information and to view the original source, please visit the following link: Source link

SC declines urgent hearing on PIL over Ram Temple donations

SC declines urgent hearing on PIL over Ram Temple donations

The Supreme Court on Monday declined an urgent hearing on a public interest litigation (PIL) seeking a court-monitored probe and forensic audit into the handling of donations and offerings received by the Shri Ram Janmabhoomi Teerth Kshetra Trust over alleged financial irregularities linked to the Ram Temple in Ayodhya.  When the matter was mentioned before a Bench of Justices M.M.  Sundresh and Sheel Nagu, the PIL litigant pressed for an urgent listing, saying the allegations raised in the plea were “very serious” and expressing apprehensions over the manner in which the state government was dealing with the matter. Questioning the urgency, the Justice Sundresh-led Bench asked, “What’s the urgency?” before directing that the plea be listed immediately after the court reopens post-summer vacation. The writ petition, filed by advocate Narendra Kumar Goswami in his personal capacity, seeks directions for the preservation of records and evidence relating to donations made at the Ram Janmabhoomi temple and greater transparency in the administration of temple offerings. According to the plea, offerings made to a deity in a public …

NCERT Class 9 book describes judiciary as ‘impartial and independent’

NCERT Class 9 book describes judiciary as ‘impartial and independent’

The new Class 9 textbook describes the judiciary as an “impartial and independent institution” that safeguards citizens’ rights and upholds the spirit of the Constitution. Under a section titled ‘Separation of Powers’ in a chapter on democracy, the textbook highlights that the judiciary takes Public Interest Litigation (PIL) “from time to time to ensure access to justice for all”. In February, a controversy broke out over NCERT’s social science textbook for Class 8 part 2 which included a section on “corruption in the judiciary” in a chapter. (Representational Photo) The new textbook talks about various functions of judiciary, stating that the judiciary reviews executive actions and constitutional amendments, can invalidate unconstitutional laws, “upholds the Constitution”, and “plays a vital role in protecting and promoting democratic values and the rights of all sections of the society.” Also read: NCERT Class 9 book adds Emergency, drops Preamble and Secularism In the earlier NCERT Class 9 political science textbook, the judiciary was discussed in the chapter Working of Institutions as part of India’s constitutional design. Students were taught …