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India Gazette
16-05-2025
- Politics
- India Gazette
SC directs Centre, States to set up POCSO courts on top-priority basis
New Delhi [India], May 16 (ANI): The Supreme Court on Thursday has directed the Central government and all state governments to set up special courts to try POCSO (Protection of Children from Sexual Offences) cases on a top-priority basis. A bench comprising Justice Bela M Trivedi and Justice Prasanna B Varale observed that the delay in the completion of trials under the POCSO Act is primarily due to the shortage of exclusive POCSO courts across the country. 'Because of the inadequacy of the number of exclusive Courts for the POCSO cases, the said timelines mandated in the Act for completion of the trials are not being maintained,' the bench noted in its judgement. The top court directed the Central and state governments to take urgent steps to sensitize officials handling POCSO cases, establish dedicated POCSO courts, ensure timely filing of chargesheets, and complete trials within the timeframe prescribed under the Act. The top-court issued the aforesaid directions in a suo motu case concerning an alarming rise in child rape cases in India. The Court had in September 2019 registered a suo moto case after noting various news reports regarding the increase of child rape cases in India. Subsequently, detailed directions were issued by the Court to the government authorities to establish a special POCSO court in each district of the country where the number of POCSO cases registered exceeded 100. The Court directed that such courts will be created under a Central government-funded scheme, covering appointments, staff, and infrastructure to ensure a child-friendly and supportive environment. Since then, the Court has issued more such directions to the government authorities from time to time, including the setting up of dedicated Forensic Science Laboratories to expedite the investigation in POCSO Cases. Today, the Court disposed of the matter by issuing directions to the government authorities to prioritise the setting up of POCSO courts. (ANI)
Time of India
13-05-2025
- Business
- Time of India
SC overturns CCI ruling against Schott Glass India after a decade
Live Events (You can now subscribe to our (You can now subscribe to our Economic Times WhatsApp channel After over a decade, the Supreme Court on Tuesday finally rejected the Competition Commission of India 's decision that held Schott Glass India , a dominant supplier of neutral borosilicate glass tubes, guilty of abusing its dominant position by offering exclusionary volume-based discounts, imposing discriminatory contractual terms, and, on occasions, refusing ampoules and vials manufacturer Kapoor Glass , the complainant in the case, had alleged that Schott Glass had violated competition laws by resorting to discriminatory pricing and using its market dominance that disadvantaged downstream buyers like a now defunct Competition Appellate Tribunal's April 2014 decision that set aside the CCI's order imposing a fine of Rs 5.66 crore and asking Schott Glass to cease-and-desist from discriminatory practices, a Bench of Justices Vikram Nath and Prasanna B Varale held the CCI had relied on untested statements and pre-2009 correspondence and had not undertaking any 'credible assessment of harm.''…the omission of a proper harm analysis vitiates the CCI's order in limine. Because each of the alleged abuses has already been negatived on the facts, the appeals (filed by CCI and Kapoor Glass) must fail on this additional ground as well, the apex court held, adding that '…no appreciable adverse effect on competition is shown on the evidence marshalled by the COMPAT, converter growth, stable downstream prices, absence of foreclosure.'The SC enhanced the fine of Rs one lakh (imposed by COMPAT) to Rs five lakh on Kapoor Glass for its 'wholly unsubstantiated nature of the allegations and the prolonged litigation.' The costs have to be paid to Schott India within eight the judgment, senior counsel Percival Billimoria, who represented Schott India, 'Significantly, the judgment sets out the principle that an 'effects based' approach would be followed for Section 4 abuse of dominance cases. It is the first pronouncement on the law in such cases.'The bench said that the competition law is not designed to humble the successful or to clip the wings of enterprises that have, through industry and innovation, secured a commanding share of the true purpose of antitrust laws is to preserve the process of competition, i.e., to ensure that rivals may challenge the incumbent on the merits, that consumers enjoy the fruits of efficiency, and that technological progress is not stifled by artificial barriers, the judgment stated, adding that in today's global economic climate, prudence is vital.'If mere size or success were treated as an offence, and every dominant firm exposed to sanction without tangible proof of competitive harm, the law would defeat itself: it would freeze capital formation, penalise productivity, and ultimately impoverish the very public it is meant to protect,' according to Justice Nath, writing the judgment for the case had its genesis in a complaint lodged by Kapoor Glass in May 2010 alleging that Schott India, then the principal domestic manufacturer of neutral USP-I borosilicate glass tubing, had abused its dominant the CCI directed Director General's investigation in March 2011 had concluded that Schott India had violated Section 4 of the Competition Act, the Commission by a majority order of March 29, 2012 levied a penalty equal at a rate of 4% of Schott India's average of three years turnover equivalent to about Rs 5.66 crore and also issued a cease-and-desist order against Schott India from doing any discriminatory practices to any of the Schott India and Kapoor Glass challenged the appellate tribunal's order, with the latter reiterating its refusal-to-supply grievance. However, the COMPAT annulled the penalty on Schott India and held that the evidentiary material did not establish any abuse of dominant position.
