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Hindustan Times
6 days ago
- Politics
- Hindustan Times
Supreme Court cites liberty, re-emphasizes speedy disposal of bail matters
The Supreme Court has re-emphasized that bail matters should not be delayed even for a day, as they concern citizens' liberty. 'We have time and again emphasised the importance of the liberty of citizens. There should not be a single day's delay in deciding liberty of citizens in bail matters,' said a bench of Chief Justice of India Bhushan R Gavai and Justice AG Masih on Thursday as it heard one Vedpal Singh Tanwar's bail plea filed in a money laundering case. Tanwar's lawyer, senior advocate Vikas Pahwa, said the bail plea was pending in the Delhi high court for over a year. He added that no effective hearing has occurred as either the case gets adjourned, or the Enforcement Directorate (ED), probing the matter, seeks time, or the roster gets changed. 'It is a vicious circle. After we argue, ED takes time to respond and the roster gets changed,' Pahwa said. The Supreme Court said that Justice Girish Kathpalia, who is hearing the matter at the high court, will be holding a vacation bench and directed placing of the matter before him on June 9. Additional solicitor general Aishwarya Bhati, appearing for the ED, told the Supreme Court that Tanwar presented an incorrect picture. She added he has been on interim bail for 212 days since his arrest. Bhati said Tanwar was jailed for 115 days and hospitalised for 38 days after a gallbladder operation. She blamed Tanwar for the delay by taking adjournments. Bhati said the matter could not be heard on some occasions due to judges' recusal. The court noted the submissions in its order and asked the high court to decide the matter expeditiously after hearing both sides. Tanwar was arrested for alleged illegal and unscientific mining in Haryana's Dadam and causing losses to the exchequer. The ED said unaccounted ₹26.45 lakh cash, jewellery worth Rs. 3.7 crore, among other valuable possessions, were recovered from Tanwar. The ED has accused his firm of illegally acquiring over ₹37 crore from the illegal mining activities and investing the proceeds of crime in movable and immovable properties.
The Hindu
23-05-2025
- Politics
- The Hindu
Supreme Court allows BJP govt to withdraw cases against Centre, L-G in AAP regime
The Supreme Court on Friday (May 23, 2025) allowed the Delhi government to withdraw seven cases filed by the erstwhile AAP government against the Centre and Lieutenant Governor over issues including the control over services in the capital. A Bench comprising Chief Justice B.R. Gavai and Justice Augustine George Masih took note of the submissions of Additional Solicitor General Aishwarya Bhati, appearing for the BJP-led government, and allowed the plea. After a lawyer raised the issue of non-payment of dues to advocates representing the previous government, Ms. Bhati assured the Bench that it would be taken care of. Also Read | In setback for Delhi's AAP govt, Supreme Court upholds L-G's power to nominate 10 aldermen to MCD On May 22, the seven bitterly-contested cases filed by the erstwhile AAP-led Delhi government against the Centre and the L-G were sought to be withdrawn from a Bench of Justices Surya Kant and N. Kotiswar Singh. Ms. Bhati referred to the plea saying the seven cases pending in the top court challenged the authority of L-G in several committees, including solid waste management, Yamuna River cleaning and against the validity of Acts and ordinances. "These matters should not trouble this court anymore," she said. The previous AAP-led Delhi government was involved in a bitterly fought legal battle in the top court over the powers including control over services in the national capital. Also Read | AAP, L-G office clash over social media spend, threaten each other with legal action The top court in July, 2023 sought a response from the Centre on the then AAP government's plea challenging the Government of National Capital Territory of Delhi (GNCTD) (Amendment) Act, 2023, which created an authority for transfer and posting of Group-A officers in Delhi. The Act, initially an ordinance, came a week after the Supreme Court handed over the control of services in Delhi excluding police, public order and land to the elected government. It envisages to set up a National Capital Civil Service Authority for the transfer of and disciplinary proceedings against Group-A officers from the Delhi, Andaman & Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre. Another such case was against a decision of the NGT, which was stayed in July 2023 by the top court. The NGT order of January 19, 2023 asked L-G to head a high-level committee constituted to deal with issues concerning Yamuna rejuvenation. The NGT constituted the high-level committee of authorities concerned in Delhi, where pollution of Yamuna was higher (about 75%) when compared to the other river basin states. Other cases included a challenge to the alleged non-release of sanctioned funds for the Delhi Jal Board for the financial year 2023-2025 by the Finance Department of GNCTD; re-declaration that the L-G of Delhi is bound by the aid and advice of the council of ministers of the GNCTD and directions for appointment of the chairperson of Delhi Electricity Regulatory Commission (DERC). The Delhi government also sought to withdraw the challenge to orders issued by the Ministry of Home Affairs (MHA) and the L-G with respect to release of payments to advocates appointed by the ministers without the concurrence of the L-G of Delhi and the appointment of advocates on record (AoRs) and advocates in the Supreme Court and the Delhi High Court.
The Hindu
23-05-2025
- Politics
- The Hindu
Supreme Court directs Centre, IAF not to release officer part of Operation Sindoor from service
The Supreme Court of India on Thursday (May 22, 2025) directed the Centre and the Indian Air Force not to release from service a woman officer, who was part of Operation Balakot and Operation Sindoor but was denied permanent commission. A Bench of Justices Surya Kant and N. Kotiswar Singh sought responses from the Centre and the IAF on the plea of Wing Commander Nikita Pandey who claimed discrimination for being denied permanent commission. The Bench called IAF a professional force and said the uncertainty on service was not good for such officers. "Our Air Force is one of the best organisations in the world. Officers are very commendable. Quality of coordination they have exhibited, I think it's unparalleled. Therefore, we always salute them. They are a big asset for the nation. They are the nation, in a way. Because of them, we are able to sleep at night," Justice Kant said. The Bench noted a "tough life" for Short Service Commission (SSC) officers began following their recruitment, which called for some incentive after 10 or 15 years to grant them permanent commission. "That sense of uncertainty may not be good for the armed forces. It's a layman's suggestion, because we are not experts. On minimum benchmarks, there can't be a compromise," Justice Kant said. Senior advocate Menaka Guruswamy, appearing for the officer, said her client was an expert fighter controller, who participated as an expert in the Integrated Air Command and Control Systems (IACCS), which were deployed in Operation Sindoor and Operation Balakot. The senior counsel submitted that the officer had served more than 13.5 years in service but was impacted by a 2019 policy that denied her permanent commission and forced her to conclude her service after a month. 'The officer ranked second in the merit list of expert air fighter controllers in the country,' Ms. Guruswamy added. The Bench asked Additional Solicitor General Aishwarya Bhati, appearing for the Centre and the IAF, the reason for not granting the officer permanent commission. Ms. Bhati revealed she belonged to an armed forces background herself, therefore, being receptive of the predicament of such officers but argued that the petitioner was found unfit by the selection board. She said the officer directly moved the Supreme Court without filing any representation and informed the Bench that a second selection board would be considering her case. The Bench ordered Ms. Pandey not to be released from service till further orders and posted the hearing on August 6. The Supreme Court, however, said no equity would be created in her favour and left open all the contentions in the case. Ms. Bhati had no objections in the officers continuing in service as most of the officers in the armed forces were brilliant officers but ultimate question related to the comparative merit and the need for keeping the forces young. She said a "steep pyramidal structure" was followed by IAF which requires that certain officers go out of the service after serving 14 years and new officers come in their place. Justice Kant told Ms. Bhati that armed forces should have the capacity to accommodate all SSC officers in the permanent commission, highlighting women officers performed exceedingly well. "Due to the lack of permanent commission for women officers after a long duration, Short Service Commission recruitment are taking place. That is the reason that inter se competition arises after 10, 12 and 15 years. You can have a policy of taking that many SCC officers, who can be accommodated in the Permanent Commission, if they are found suitable. If you have 100 SCC officers, you should have the capacity to take 100 of them to the permanent commission," the judge said. Ms. Bhati replied that normally out of 100 officers considered for the permanent commission, almost 90-95% officers were found fit but some lost out only on account of comparative merit. "There are a limited number of posts, it's a very steep pyramid structure," she said.
NDTV
23-05-2025
- Politics
- NDTV
Supreme Court Stays Release Of Air Force Officer With Role In Op Sindoor
New Delhi: The Supreme Court on Thursday directed the Centre and the Indian Air Force not to release from service a woman officer, who was part of Operation Balakot and Operation Sindoor but was denied permanent commission. A bench of Justices Surya Kant and N Kotiswar Singh sought responses from the Centre and the IAF on the plea of Wing Commander Nikita Pandey who claimed discrimination for being denied permanent commission. The bench called IAF a professional force and said the uncertainty on service was not good for such officers. "Our Air Force is one of the best organisations in the world. Officers are very commendable. Quality of coordination they have exhibited, I think it's unparalleled. Therefore, we always salute them. They are a big asset for the nation. They are the nation, in a way. Because of them, we are able to sleep at night," Justice Kant said. The bench noted a "tough life" for Short Service Commission (SSC) officers began following their recruitment, which called for some incentive after 10 or 15 years to grant them permanent commission. "That sense of uncertainty may not be good for the Armed Forces. It's a layman's suggestion, because we are not experts. On minimum benchmarks, there can't be a compromise," Justice Kant said. Senior advocate Menaka Guruswamy, appearing for the officer, said her client was an expert fighter controller, who participated as an expert in the Integrated Air Command and Control Systems (IACCS), which were deployed in Operation Sindoor and Operation Balakot. The senior counsel submitted that the officer had served over 13.5 years in service but was impacted by a 2019 policy that denied her permanent commission and forced her to conclude her service after a month. The officer ranked second in the merit list of expert air fighter controllers in the country, Guruswamy added. The bench asked Additional Solicitor General Aishwarya Bhati, appearing for the Centre and the IAF, the reason for not granting the officer permanent commission. Ms Bhati revealed she belonged to an armed forces background herself, therefore, being receptive of the predicament of such officers but argued that the petitioner was found unfit by the selection board. She said the officer directly moved the apex court without filing any representation and informed the bench that a second selection board would be considering her case. The bench ordered Pandey not to be released from service till further orders and posted the hearing on August 6. The top court, however, said no equity would be created in her favour and left open all the contentions in the case. Ms Bhati had no objections in the officers continuing in service as most of the officers in the armed forces were brilliant officers but ultimate question related to the comparative merit and the need for keeping the forces young. She said a "steep pyramidal structure" was followed by IAF which requires that certain officers go out of the service after serving 14 years and new officers come in their place. Justice Kant told Ms Bhati that armed forces should have the capacity to accommodate all SSC officers in the permanent commission, highlighting women officers performed exceedingly well. "Due to the lack of permanent commission for women officers after a long duration, Short Service Commission recruitment are taking place. That is the reason that inter se competition arises after 10, 12 and 15 years. You can have a policy of taking that many SCC officers, who can be accommodated in the Permanent Commission, if they are found suitable. If you have 100 SCC officers, you should have the capacity to take 100 of them to the permanent commission," the judge said. Ms Bhati replied that normally out of 100 officers considered for the permanent commission, almost 90-95 per cent officers were found fit but some lost out only on account of comparative merit. "There are a limited number of posts, it's a very steep pyramid structure," she said.
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Business Standard
22-05-2025
- Politics
- Business Standard
Delhi govt moves SC to withdraw 7 cases filed during AAP rule gainst L-G
The Delhi government on Thursday moved the Supreme Court seeking to withdraw seven cases filed during the previous AAP regime challenging the authority of the lieutenant governor in several bodies, including one connected to Yamuna cleaning efforts. A bench of justices Surya Kant and N Kotiswar Singh directed to list the application filed by the BJP-led Delhi government for Friday. Appearing for Delhi government, Additional Solicitor General Aishwarya Bhati said the application seeks the withdrawal of seven cases pending in the top court, which challenged the authority of the lieutenant governor (L-G) in several committees, including solid waste management, Yamuna cleaning, and against the validity of Acts and ordinances. "These matters should not trouble this court anymore," Bhati said. Justice Surya Kant told Bhati, We will list all these cases for Friday and take up the application." In one of the cases filed by the then-AAP government, the top court in July 2023 stayed a National Green Tribunal (NGT) order asking the L-G to head a high-level committee constituted to deal with issues concerning the rejuvenation of the Yamuna river. It agreed to hear the Delhi government's plea against a January 19, 2023, order of the NGT and issued a notice to the petitioner on whose application the tribunal passed the order. The NGT constituted the high-level committee of authorities concerned in Delhi, where pollution of Yamuna was higher (about 75 per cent) when compared to the other river basin states. We request the lieutenant governor of Delhi, who is the chairman of DDA and the administrator of Delhi under Article 239 of the Constitution, to head the committee, the NGT said. (Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)
