Express News Service
NEW DELHI: The Supreme Court on Monday sought the responses of the Centre and the Tamil Nadu government in pleas by RP Ravichandran and Nalini, convicts in the Rajiv Gandhi assassination case, seeking premature release.
“Issue notice returnable on October 14. Liberty to serve the standing counsel for the State of Tamil Nadu and also short notice to ASG KM Nataraj since he had assisted the court in earlier similar matter,” the court said in its order.
Remarking that it won’t be appropriate to pass an order on bail ex parte, a bench of Justices BR Gavai and BV Nagarathna, however, refused to grant interim bail to the convicts. It posted the matter for October 14. The court’s order came in a plea filed by the convicts, who are serving life imprisonment, challenging the Madras High Court’s June 17 order of dismissing their plea for premature release.
While observing that the HC does not have special powers enjoyed by the Supreme Court under Article 142 of the Constitution of India, a bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala had said, “The power under Article 142 of the Constitution of India can be exercised only by the apex court and no such power exists with the high court.
The aforesaid goes to the root of the case to hold that without the signature of the governor to authorise the resolution, this court cannot pass an order directing the state government to release the accused, otherwise the direction therein would not only offend Article 161 of the Constitution of India, but also Article 163 of the Constitution of India.”
Citing that the convicts were out on parole due to Covid, senior advocate Sanjay Hegde, appearing for Ravichandran and S Nalini, had sought grant of interim bail. Before the top court, the convicts while seeking premature release had cited the SC’s May 18 order of invoking its jurisdiction under Article 142 of the Constitution and ordering release of AG Perarivalan, the convict in the Rajiv Gandhi assassination case who had served over 30 years in jail. A bench headed by Justice LN Rao had said that the Tamil Nadu state cabinet’s advice recommending premature release of all the seven convicts was binding on the governor.
Also in top court
Refuses to stay demolition of illegal portion of Rane’s bungalowUnion Minister Narayan Rane suffered a setback as SC on Monday rejected his plea challenging Bombay HC’s order of directing Brihanmumbai Municipal Corporation – which rules over Mumbai – to demolish illegal portions of his residence “Aadish Bungalow” within two weeks. A bench of Justices SK Kaul and AS Oka however granted a firm owned by him three months to demolish the structures and granted liberty to the BMC to take action as per law later.
Own platform for live streaming soon, says chief justice CJI UU Lalit on Monday said that SC will have its own platform for live streaming & the use of YouTube was temporary. Referring to the 2018 SC ruling in Swapnil Tripathi v Supreme Court wherein a bench allowed live streaming of the hearings in SC except in sensitive matters, counsel while seeking listing of the plea said, “Paragraph 154 of the judgement says that copyright of SC proceedings cannot be surrendeeed while YouTube seeks for surrendering the copyrights.”
U’khand: Plea seeks ban on revenue police In the wake of recent murder of Ankita Bhandari who was allegedly murdered by son of now expelled BJP leader, an application has been filed in SC seeking abolition of Revenue Police System prevalent in many parts of State of Uttarakhand. Under the revenue police (Patwari system), revenue officials double as policemen. The system was introduced by the British government in 1861.
‘State fund needed for adoption, care of kids’The Supreme Court on Monday issued notice in plea seeking creation of funds by centre and state for implementing schemes of adoption, foster care, kinship care, and sponsorship. Highlighting the issue pertaining to adoption of children with special needs, plea stated that the number of children getting adopted under the Juvenile Justice Act was meagre and had declined.
NMC reply sought on MBBS for disabledSC seeks National Medical Commission’s response in pleas which challenges MCI’s notification which bars candidates having speech and language benchmark disability from pursuing the MBBS Course. It was argued in the petition that such persons have been arbitrarily eliminated from MBBS course which is in complete violation of Rights of Persons with Disabilities Act, 2016.
NEW DELHI: The Supreme Court on Monday sought the responses of the Centre and the Tamil Nadu government in pleas by RP Ravichandran and Nalini, convicts in the Rajiv Gandhi assassination case, seeking premature release.
“Issue notice returnable on October 14. Liberty to serve the standing counsel for the State of Tamil Nadu and also short notice to ASG KM Nataraj since he had assisted the court in earlier similar matter,” the court said in its order.
Remarking that it won’t be appropriate to pass an order on bail ex parte, a bench of Justices BR Gavai and BV Nagarathna, however, refused to grant interim bail to the convicts. It posted the matter for October 14. The court’s order came in a plea filed by the convicts, who are serving life imprisonment, challenging the Madras High Court’s June 17 order of dismissing their plea for premature release.
While observing that the HC does not have special powers enjoyed by the Supreme Court under Article 142 of the Constitution of India, a bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala had said, “The power under Article 142 of the Constitution of India can be exercised only by the apex court and no such power exists with the high court.
The aforesaid goes to the root of the case to hold that without the signature of the governor to authorise the resolution, this court cannot pass an order directing the state government to release the accused, otherwise the direction therein would not only offend Article 161 of the Constitution of India, but also Article 163 of the Constitution of India.”
Citing that the convicts were out on parole due to Covid, senior advocate Sanjay Hegde, appearing for Ravichandran and S Nalini, had sought grant of interim bail. Before the top court, the convicts while seeking premature release had cited the SC’s May 18 order of invoking its jurisdiction under Article 142 of the Constitution and ordering release of AG Perarivalan, the convict in the Rajiv Gandhi assassination case who had served over 30 years in jail. A bench headed by Justice LN Rao had said that the Tamil Nadu state cabinet’s advice recommending premature release of all the seven convicts was binding on the governor.
Also in top court
Refuses to stay demolition of illegal portion of Rane’s bungalow
Union Minister Narayan Rane suffered a setback as SC on Monday rejected his plea challenging Bombay HC’s order of directing Brihanmumbai Municipal Corporation – which rules over Mumbai – to demolish illegal portions of his residence “Aadish Bungalow” within two weeks. A bench of Justices SK Kaul and AS Oka however granted a firm owned by him three months to demolish the structures and granted liberty to the BMC to take action as per law later.
Own platform for live streaming soon, says chief justice
CJI UU Lalit on Monday said that SC will have its own platform for live streaming & the use of YouTube was temporary. Referring to the 2018 SC ruling in Swapnil Tripathi v Supreme Court wherein a bench allowed live streaming of the hearings in SC except in sensitive matters, counsel while seeking listing of the plea said, “Paragraph 154 of the judgement says that copyright of SC proceedings cannot be surrendeeed while YouTube seeks for surrendering the copyrights.”
U’khand: Plea seeks ban on revenue police
In the wake of recent murder of Ankita Bhandari who was allegedly murdered by son of now expelled BJP leader, an application has been filed in SC seeking abolition of Revenue Police System prevalent in many parts of State of Uttarakhand. Under the revenue police (Patwari system), revenue officials double as policemen. The system was introduced by the British government in 1861.
‘State fund needed for adoption, care of kids’
The Supreme Court on Monday issued notice in plea seeking creation of funds by centre and state for implementing schemes of adoption, foster care, kinship care, and sponsorship. Highlighting the issue pertaining to adoption of children with special needs, plea stated that the number of children getting adopted under the Juvenile Justice Act was meagre and had declined.
NMC reply sought on MBBS for disabled
SC seeks National Medical Commission’s response in pleas which challenges MCI’s notification which bars candidates having speech and language benchmark disability from pursuing the MBBS Course. It was argued in the petition that such persons have been arbitrarily eliminated from MBBS course which is in complete violation of Rights of Persons with Disabilities Act, 2016.
