Latest news with #JusticeKant-ledBench
Hans India
3 days ago
- Politics
- Hans India
If mass exclusion, we will immediately step in: Supreme Court on Bihar SIR
New Delhi: The Supreme Court on Tuesday orally remarked that it would 'immediately step in' if there is mass exclusion of voters following the Special Intensive Revision (SIR) of electoral rolls in poll-bound Bihar. The observation came from a Bench of Justices Surya Kant and Joymalya Bagchi as it dealt with a clutch of petitions claiming that if the June 26 decision of the ECI directing SIR is not set aside, it can "arbitrarily" and "without due process" disenfranchise lakhs of voters, disrupt free and fair elections and democracy. Advocate Prashant Bhushan, citing a statement issued by the poll body, submitted that 65 lakh individuals had not submitted enumeration forms during the SIR process, as they were either deceased or had permanently relocated. 'We are here, we will hear your concerns. We are overviewing the matter as a judicial authority. If there is mass exclusion, we will immediately step in,' the Justice Kant-led Bench assured Bhushan and posted the clutch of petitions against SIR for hearing on August 12 and 13. The apex court added that the Election Commission of India (ECI), being a constitutional authority, is presumed to act in accordance with the law and the Constitution. On Monday, the Justice Kant-led Bench declined to grant an interim stay on the publication of the draft electoral rolls but emphasised that the ECI should consider Aadhaar and Electoral Photo Identity Cards (EPIC) for voter verification. As senior advocate Rakesh Dwivedi, appearing on ECI's behalf, raised concerns over the reliability of documents -- citing the prevalence of fake ration cards -- the top court had remarked: "As far as ration cards are concerned, we can say they can be forged easily, but Aadhaar and voter cards have some sanctity and have a presumption of genuineness. You proceed with these two documents (Aadhaar and EPIC). Wherever you find forgery, that's on a case-to-case basis." As per the SIR schedule released by the poll body, every elector who has submitted the enumeration form -- with or without supporting documents -- will be included in the draft electoral roll set to be published on August 1. Electors who have not submitted their forms will still be entitled to seek inclusion in the final roll by filing a claim in the prescribed form along with the required declaration. "Therefore, any person excluded from the draft roll has another opportunity to be included by submitting the form with the necessary declaration and documents. This claims period will remain open for 31 days following the publication of the draft roll, i.e., until September 1, 2025," the Commission said in an affidavit filed before the Supreme Court. After the completion of the entire process, the final roll will be published on September 30, and the reply document added. The ECI also submitted that even after the final roll is published, new electors may still be enrolled up to the last date for filing nominations for the upcoming Bihar Assembly elections.
Hans India
29-05-2025
- Politics
- Hans India
SC extends interim bail to professor
New Delhi: The Supreme Court on Wednesday told the Special Investigation Team (SIT) to restrict its probe to the two FIRs lodged against Ali Khan Mahmudabad, a professor of political science at Haryana-based Ashoka University, over his controversial remarks on Operation Sindoor. Supreme Court ordered the extension of interim bail. A bench of Justices Surya Kant and Dipankar Datta told the SIT, formed by the Haryana Director General of Police (DGP), pursuant to its previous order, to produce the investigation report before the apex court prior to the filing of the same before the trial court. 'We direct that the investigation of the SIT shall be confined to the contents of the two FIRs, subject matter of these proceedings. The investigation report, before it is filed before the jurisdictional court, be produced before this Court,' the top court ordered. The direction was passed by the Justice Kant-led Bench after senior advocate Kapil Sibal, representing Mahmudabad, apprehended that the SIT may start investigating other things. Sibal also urged the top court to relax the conditions of the interim bail, asking the petitioner not to write any online post, article, or make any oral speech related to either of the two social media posts, or express any opinion in relation to the recent India-Pakistan conflict. At this, the Justice Kant-led Bench told the senior counsel that those conditions were only meant to introduce a cooling-off period. 'He can write the rest of the things, but not with respect to the subject matter of the FIRs. We don't want a parallel media trial on this issue. He is free to write on anything else. No impediment on his right to speech,' clarified the apex court. Further, it asked Sibal to wait for 'some time' and suggested the senior counsel to remind the top court of the relaxation of the interim bail conditions on the next date of hearing.s
Hans India
28-05-2025
- Politics
- Hans India
SC asks SIT to restrict probe to online posts of Ashoka University professor on Op Sindoor
The Supreme Court on Wednesday told the Special Investigation Team (SIT) to restrict its probe to the two FIRs lodged against Ali Khan Mahmudabad, a professor of political science at Haryana-based Ashoka University, over his controversial remarks on Operation Sindoor. A bench of Justices Surya Kant and Dipankar Datta told the SIT, formed by the Haryana Director General of Police (DGP), pursuant to its previous order, to produce the investigation report before the apex court prior to the filing of the same before the trial court. 'We direct that the investigation of the SIT shall be confined to the contents of the two FIRs, subject matter of these proceedings. The investigation report, before it is filed before the jurisdictional court, be produced before this Court,' the top court ordered. The direction was passed by the Justice Kant-led Bench after senior advocate Kapil Sibal, representing Mahmudabad, apprehended that the SIT may start investigating other things. Sibal also urged the top court to relax the conditions of the interim bail, asking the petitioner not to write any online post, article, or make any oral speech related to either of the two social media posts, or express any opinion in relation to the recent India-Pakistan conflict. At this, the Justice Kant-led Bench told the senior counsel that those conditions were only meant to introduce a cooling-off period. 'He can write the rest of the things, but not with respect to the subject matter of the FIRs. We don't want a parallel media trial on this issue. He is free to write on anything else. No impediment on his right to speech,' clarified the apex court. Further, it asked Sibal to wait for 'some time' and suggested the senior counsel to remind the top court of the relaxation of the interim bail conditions on the next date of hearing. In the meantime, the Supreme Court ordered the extension of interim bail. Last Wednesday, the Justice Kant-led Bench ordered the Haryana DGP to constitute an SIT comprising three directly recruited IPS officers, who do not belong to Haryana or Delhi, to holistically understand the complexity of the phraseology employed and for proper appreciation of some of the expressions used in the two online posts. 'The SIT shall be headed by an Officer at least in the rank of Inspector General of Police, the remaining two members will be Officers in the rank of Superintendent of Police and above. One of the members of the SIT will be a woman IPS Officer. [T]he Director General of Police is directed to constitute the SIT within 24 hours. The petitioner shall join and fully cooperate with the investigation," it had ordered. To facilitate the investigation, the Supreme Court had directed that Mahmudabad be released on interim bail, subject to his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate, Sonipat. Ali Khan, 42, was arrested on a complaint filed by Yogesh Jatheri, the General Secretary of the BJP Yuva Morcha in Haryana. An FIR was lodged against Mahmudabad under sections of the Bharatiya Nyaya Sanhita (BNS) pertaining to inciting armed rebellion or subversive activities and insulting religious beliefs. Also, sedition-like charges have been filed against him. In a post on social media, Mahmudabad wrote: "I am very happy to see so many right-wing commentators applauding Colonel Sophi(y)a Qureishi, but perhaps they could also equally loudly demand that the victims of mob lynchings, arbitrary bulldozing and others who are victims of the BJP's hate mongering be protected as Indian citizens. The optics of two women soldiers presenting their findings is important, but optics must translate to reality on the ground, otherwise it's just hypocrisy." Haryana State Commission for Women Chairperson Renu Bhatia took suo motu cognisance of Mahmudabad's remarks, which were alleged to be disparaging toward women in the Indian Armed Forces and promoting communal disharmony. The women's rights body had summoned the professor, but he failed to appear.
