SC upholds Orissa HC's 2019 order on Senior Advocate designation
A bench comprising Justices R Mahadevan and JB Pardiwala on Monday ruled that the full court of the Orissa High Court had acted within its legal authority under the Orissa (Designation of Senior Advocate) Rules, 2019, particularly sub-rule (9) of Rule 6, when it designated five advocates suo motu on August 17, 2019. The administrative order formalising the designations was issued on August 19, 2019.
The May 10, 2021, order, passed on a petition filed by a lawyer, had questioned the legality of the process adopted by the full court, stating that it lacked proper legal sanction. The high court, on its judicial side, had struck down the designations, citing procedural lapses.
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Hindustan Times
11 minutes ago
- Hindustan Times
Trial involving ex-minister Senthil Balaji "rudderless ship": SC, slams TN govt, "cricket stadium will be needed"
New Delhi, Terming the trial involving former Tamil Nadu minister V Senthil Balaji a "rudderless ship", the Supreme Court on Wednesday said a cricket stadium will be needed to conduct prosecution in the cash-for-job scam related cases where over 2,000 persons have been implicated as accused. Trial involving ex-minister Senthil Balaji "rudderless ship": SC, slams TN govt, "cricket stadium will be needed" A bench of Justices Surya Kant and Joymalya Bagchi, which pulled up the Tamil Nadu government for implicating so many persons as accused, questioned whether they are victims or victimisers and asked for the details of the accused and witnesses. "We want to know from you clearly and definitely what is your prosecution plan. At present, it seems to be a rudderless ship. What would you achieve by clubbing the cases until and unless we gave a suggestion that you see the witnesses with regards to their degree of marginal culpability and prime culpability? Why should the suggestion come from us? Why did this thought never cross your prosecutor's mind. "We are not making any comments. These are tentative observations to enable you to enlighten us on the prosecution plan. Tell us within what time you can finish the trial," the bench said. The bench said it appears to be the most populated trial of India with 2,000 accused and 500 witnesses and a small courtroom would not suffice. "With over 2,000 accused and 500 witnesses it will be the most populated trial of India. A small courtroom of the trial court will not suffice and a cricket stadium will be needed to even mark the presence of the accused. Several Artificial Intelligence-generated accused will pop up to mark their presence," the bench told senior advocate Gopal Sankaranarayanan, appearing for Y Balaji, who is representing victims of the scam and opposing the decision for clubbing of the cases. The top court was hearing a petition filed by Y Balaji, challenging the March 28 Madras High Court order dismissing pleas against the clubbing of multiple chargesheets in cases related to the alleged scam. The bench told Abhishek Singhvi, who is appearing for the Tamil Nadu government, "Let's be frank and blunt. A reluctant state wanted to give a decent burial to these cases. A friendly match was played before the high court and FIRs were quashed. Had it not been for judicial intervention by this court, these cases would not have been revived". The top court said besides the ex-minister and officials who are prime accused, the other 2,000 persons arrayed as accused technically have committed a crime by giving bribe but on a comparative analysis they are more of a victim than an accused. "They are more of a victim, than the victimisers. Giving bribes is a crime under the law. These poor people probably were coerced into giving bribes for a job of their son or relative. So prosecuting them would cause extreme inordinate delay. They can be treated more as prosecution witnesses rather than criminals. So the only way forward is we know who these people are," the top court said as it posted the matter for further hearing on August 11. The bench observed that the trial court judge's report of April 25 submitted in the court appears to be correct that clubbing of cases arising from the same transaction was the only way out as there will be hundreds of same witnesses in different cases. Sankaranarayanan while seeking appointment of a special public prosecutor, agreed that the best approach is to see who are the genuine accused such as the minister, his brother, his PA and the other people around him who solicited the bribe, they are the prime accused. Justice Kant told Sankaranarayanan that he can submit a panel of names of good criminal lawyers practicing in Tamil Nadu and the court can think of appointing them. Singhvi, however, opposed the suggestion and said that the prayer for appointment of special public prosecutor has been rejected time and again by this court and the petitioner Y Balaji is actually seeking review of those decisions without filing a review petition. The bench said, "He is a powerful politician. Nothing wrong with being a powerful politician. He is somebody who has public support. But our only concern is that in a case where some person who has held a position of the minister is an accused, where some bureaucrats or other affluent people are facing trial in such cases generally there is a public perception that the prosecution through the government appointed public prosecutor may not alone be able to do justice." Justice Kant said there can be a public prosecutor who is not from Tamil Nadu and the only motive of the exercise is to bring the prime accused before the law. On Tuesday, the top court expressed displeasure over the state "attempting to delay" the trial in cases involving Senthil Balaji by implicating more than 2,000 people as accused in the alleged cash-for-jobs scam and described the attempt as a "complete fraud on the judicial system". Balaji resigned from the M K Stalin-led state Cabinet on April 27 after being pulled up by the top court. The apex court asked Balaji on April 23 to make a choice "between post and freedom" as it warned him that his bail would be cancelled if he did not step down as a minister. It took exception to the fact that Balaji was reinstated as a minister in the southern state, days after he obtained bail in a money-laundering case related to the alleged cash-for-jobs scam. On September 26, 2024, the top court granted bail to Balaji in a case probed by the Enforcement Directorate. With Balaji spending more than 15 months in jail, the top court had observed that there was no possibility that the trial would be concluded in the near future. This article was generated from an automated news agency feed without modifications to text.
Hindustan Times
11 minutes ago
- Hindustan Times
Supreme Court dismisses appeals in Nithari killings, upholds Koli's acquittal
The Supreme Court on Wednesday upheld the acquittal of Surendra Koli in nearly 12 cases of murder linked to the Nithari killings, trashing the appeals filed by the Central Bureau of Investigation (CBI) and the victims seeking revival of conviction against him considering the gruesome nature of the crime involving the death of nearly a dozen minor girls. Surendra Koli (right). (File Photo) A bench headed by Chief Justice of India (CJI) Bhushan R Gavai passed the order endorsing the findings of the Allahabad high court in October 2023 that acquitted him. Even with this decision, Koli will remain in jail as he is undergoing life imprisonment in one of the Nithari killings where his conviction was upheld by the top court in 2011. The CBI, represented by additional solicitor general (ASG) Rajkumar Bhaskar Thakare told the court that the high court has refused to believe the discovery of skulls and bones outside the house where Koli was working as a servant. It was the case of CBI that he used to lure minor girls to the house. As ASG opened submissions describing the case as 'one of the darkest crimes in history', the bench, also comprising justices SC Sharma and K Vinod Chandran said, 'Don't try to prejudice the court by using such expressions. Just tell us what is the perversity in the high court judgment.' The CBI lawyer said that the high court has disbelieved the confessional statement of Koli considering that he was in custody of the police and the possibility of him being tutored. He said that the trial court which convicted Koli in the 13 cases while acquitting him in three, had extensively considered the evidence presented by CBI. The court told Thakare that being a seasoned criminal lawyer he should know that any recovery made during the investigation should be supported by a statement under Section 27 of the Evidence Act. This provision relates to recovery made pursuant to a statement recorded by an accused in police custody. Thakare told the court that the recovery of skulls, bones, slippers and clothes of the victims could not be planted by anyone. He urged the court not to go by the high court's insistence on recovery not being consistent with Section 27 but rather go by the recovery as a fact under Section 8 of the Evidence Act, which constitutes motive or preparation for any crime. The bench asserted, 'If Section 27 statement is not recorded, then the recovery should be thrown into the dustbin. The high court has disbelieved the recovery on that ground.' As Thakare sought to take the court through the evidence on record, the bench insisted, 'We will take up the appeal only if you show any perversity or impossibility in the high court order.' CJI Gavai told the law officer, ' Show us one judgment that any recovery made without recording of Section 27 is admissible. The judgment of the high court has followed this established rule of law. If you tell us to follow otherwise, nearly 100 judgments passed by me may have to be rendered per incuriam (legal term which means order passed in ignorance of law).' Senior advocate Geeta Luthra appearing for the father of one of the victims told the court that the case requires an elaborate hearing. She said that in 2011, based on the same set of evidence and confession of the accused, the top court had upheld the conviction of Koli. She pointed out that the evidence presented by the prosecution before the trial court showed the culpability of the accused and to this extent, urged the court to consider setting aside the high court decision. The crime which took place in Nithari, a village adjoining the upscale satellite town of Noida, was a sensational crime as investigations by the police and later by CBI found that Koli lured girls to the house and later sexually assaulted them. He was even accused of cannibalism. The prosecution had even discovered the weapon used to chop the bodies of his victims. Out of the 16 cases involving killing of young girls between 2005 and 2007, the police had named Koli and his employer Moninder Singh Pandher. While the trial court convicted Koli in 13 cases, Pandher was convicted in two of the 13. Pandher has been acquitted in all cases against him while in one out of the 13 cases, Koli's conviction was upheld by the top court in 2011. CBI took up the investigation of the case in 2007 and out of the 16 cases lodged by the UP Police, three resulted in acquittals by the trial court. In July 2024, the top court had issued notice on CBI appeals and had directed the entire case records from the trial court to be shared in digital form with the lawyers appearing for both sides in the matter. Incidentally, while senior advocate Yug Mohit Chaudhary appeared along with advocate Payoshi Roy for Koli, they were not called upon to make submissions as at the end of a hearing that lasted for nearly half-an-hour, the court dismissed the appeals. According to the prosecution, Koli was a servant working in the house of Pandher in Sector 31, Noida. It was the CBI case that Pandher would often call sex workers home. Watching his employer with sex workers triggered passions in the mind of Koli who enticed young victims on one pretext or the other and later raped and killed them. He then allegedly chopped the bodies, ate the torsos, and threw skulls, bones, clothes and other remains in a drain. It was at his instance that police recovered 16 skulls and clothes and slippers of the victims near the drain behind the house, the CBI had stated in its appeal.
The Hindu
11 minutes ago
- The Hindu
Trump announces 25% tariffs, ‘plus a penalty', for imports from India; GSLV-F 16 successfully places NISAR satellite in orbit, and more in The Hindu's top news of July 30, 2025.
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'The GSLV-F16 vehicle has successfully and precisely injected the NASA-ISRO Synthetic Aperture Radar (NISAR) satellite weighing 2,393 kg into its intended orbit,' announced Dr. V. Narayanan, Secretary of the Department of Space and Chairperson of ISRO. No third-party intervention in Indo-Pak ceasefire: Jaishankar in Rajya Sabha External Affairs Minister S. Jaishankar on Wednesday (July 30, 2025) categorically said there was no third-party intervention in bringing about a ceasefire with Pakistan during Operation Sindoor, asserting that the halting of the military action was also not linked to trade as claimed by U.S. President Donald Trump. Intervening in the special discussion on Operation Sindoor in the Rajya Sabha, Mr. Jaishankar said Prime Minister Narendra Modi and the U.S. President did not have any phone calls between April 22, when the Pahalgam terror attack took place, and June 16. Supreme Court questions Justice Varma's conduct, says he moved the apex court only after in-house inquiry results became 'unpalatable' The Supreme Court on Wednesday (July 30, 2025) questioned the conduct of Allahabad High Court judge, Justice Yashwant Varma, saying he had moved the Supreme Court against the in-house inquiry procedure initiated by former Chief Justice of India Sanjiv Khanna only after the outcome of the probe had become 'unpalatable' for him. The report of an in-house inquiry committee of three judges had confirmed the presence of 'burnt currency' in a gutted outhouse at Justice Varma's residential premises in New Delhi after a fire in mid-March. The in-house inquiry, appointed by the then Chief Justice Khanna, had recommended his removal. Chief Justice Khanna had forwarded the report to the President and Prime Minister in May, seconding the recommendation of the inquiry panel. LDF MPs from Kerala to seek meeting with Modi, Amit Shah to flag arrest of Keralite nuns in BJP-ruled Chhattisgarh Left Democratic Front (LDF) MPs from Kerala will seek an appointment with Prime Minister Narendra Modi and Union Home Minister Amit Shah to flag the arrest of two Keralite nuns on 'questionable charges' of forced conversion and human trafficking at the Durg railway station in Bharatiya Janata Party (BJP)-ruled Chhattisgarh on July 25. National president of the Democratic Youth Federation of India, A.A. Rahim, MP, who is in Chhattisgarh as part of the Left Democratic Front (LDF) delegation, which met the incarcerated nuns – Vandana Francis and Preeta Mary – of the order of the Assisi Sisters of Mary Immaculate (ASMI) at the Durg central prison on Wednesday (July 30, 2025), told The Hindu that the MPs would demand the early release of the nuns and quashing of the 'fake charges foisted' on them by the local law enforcement at the behest of Bajrang Dal activists. High Court fumes at police for compelling doctors to reveal minor girls' names for pregnancy termination The Bombay High Court (HC) has expressed its displeasure with the police for compelling doctors to reveal the names and identity of minor girls who wish to terminate their pregnancy, despite a Supreme Court directive saying it need not be insisted upon. A bench of Justices Revati Mohite Dere and Neela Gokhale on July 28 said the police's insistence on revealing the name and identity of such girls was nothing but harassment of the minor victims and doctors. Rahul Gandhi to participate in protest against 'votes theft' in Bengaluru on August 4, to give representation to ECI officials Congress leader Rahul Gandhi, who recently claimed that his party has figured out the modus operandi of the 'votes theft' by studying a Lok Sabha constituency in Karnataka, will participate in a protest in Bengaluru on August 4 and submit a representation to the Election Commission officials. Amid the raging row over the revision of electoral rolls in Bihar, the Leader of the Opposition in Lok Sabha, on July 23, alleged that elections are being 'stolen' in India and claimed that his party has figured out the modus operandi of the 'votes theft' by studying a LS constituency in Karnataka. PM Modi not able to say 'Trump is lying' as U.S. President will lay bare truth: Rahul Gandhi Congress leader Rahul Gandhi on Wednesday (July 30, 2025) said Prime Minister Narendra Modi cannot state that U.S. President Donald Trump is lying about his role in bringing about a ceasefire between India and Pakistan, as if he does so, the American leader will lay bare the truth. Assam film actress arrested in hit-and-run case as victim dies Assamese film actress Nandini Kashyap, who played the lead role in the recent box office hit 'Rudra', was arrested on Wednesday (July 30, 2025) for a hit-and-run accident, in which a 21-year-old man was killed, police said. Guwahati Police Deputy Commissioner (Traffic) Jayanta Sarathi Borah told PTI that the actress was arrested around 1:30 a.m. after being detained on Tuesday (July 29, 2025). Samajwadi Party workers slap Muslim cleric who made 'derogatory' comment on Dimple Yadav Youths who claimed to be from the Samajwadi Party slapped Maulana Sajid Rashidi after a news channel's debate show in Noida for allegedly making a derogatory comment against party MP Dimple Yadav. One of the youths posted a purported video of the incident on social media and took responsibility for beating Maulana Rashidi. Rashidi allegedly made a derogatory comment against Mainpuri MP Dimple Yadav over her visit to a mosque recently. Hawaii, Japan downgrade last tsunami alert Hawaii and parts of Japan have downgraded their tsunami warnings to advisories after a powerful earthquake. One of the strongest quakes ever recorded struck Russia's Far East early on Wednesday. It sent tsunami waves into Japan, Hawaii and across the Pacific. No substantial damage has been reported so far, but authorities warned people away from shorelines and said the risk could last more than a day. Japan's Meteorological Agency downgraded its tsunami alert to an advisory in the Pacific coast south of Fukushima, with the alert still in place farther north. Russian missiles hit Ukrainian army training ground, killing at least 3 soldiers A Russian missile hit a Ukrainian army training ground, killing three soldiers and wounding 18 others, authorities said, in the latest attack to embarrass military officials as they struggle to make up a severe manpower shortage in the nearly three-and-a-half-year war. The Russian Defence Ministry said that the strike killed or wounded about 200 Ukrainian troops. The Ministry said that Ukraine's 169th training centre near Honcharivske in the Chernihiv region was hit with two Iskander missiles, one armed with multiple submunitions and another with high explosives. No Stokes, Archer; Ollie Pope to lead England in fifth Test against India Injured skipper Ben Stokes and lead pacer Jofra Archer will not be part of the fifth and final Test against India, starting here from Thursday (July 31, 2025), as England made three changes to their playing XI for the series-deciding game. The hosts lead the series 2-1 after four intensely fought Test matches that has also had its fair share of controversies. WCL semifinal: Indian Champions refuse to play against Pakistan India have refused to play against arch-rivals Pakistan in the semifinals of the World Championship of Legends in Birmingham on Thursday, citing the nation's stand against any bilateral sporting ties with the neighbouring country after the gruesome Pahalagam terror attack. The Indian team which includes legends like Shikhar Dhawan, Irfan Pathan, Harbhajan Singh, Yuvraj Singh, Suresh Raina among others have already expressed their unwillingness to play against Pakistan following the terror attack and the subsequent Operation Sindoor launched by India.
