SC Hears Pleas on Aadhaar, Love Jihad and School Safety Case
The SC will be hearing cases on Article 35A, Aadhaar linking, school safety, love jihad & BCCI’s draft constitution.
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BCCI's Draft Constitution
A bench led by Chief Justice Dipak Misra will be assembling today to take up the case related to reforms in the BCCI. The Supreme Court in July, in accordance with the majority of the Lodha Committee recommendations, had asked the three BCCI office-bearers – acting-president C K Khanna, secretary Amitabh Choudhary and acting-treasurer Aniruddh Chaudhry – to come up with 'suggestions' to a Draft Constitution, prepared by the Committee of Administrators (CoA), by 12 October or face serious consequences.
The office-bearers were asked in particular, to focus on four key-aspects, in terms of their suggestions: membership and jurisdiction of members, disqualification of office-bearers, powers and duties of the office-bearers and the CEO, and the constitution of the apex council.
Choudhary has submitted his own suggestions, since he alleges that both Khanna and Chaudhry did not respond to the same. He also said they are in the nature of 'practical difficulties' when it comes to implementation. Meanwhile, Khanna and Chaudhry have reportedly submitted their respective suggestions in front of the court.
Children's Safety in Schools
The petitions were filed after an eight-year-old Pradyumn was found murdered in Gurgaon’s Ryan International school in September.
The murder case put the spotlight on children’s safety in schools.
In light of the incident, the District Magistrate issued notice to all schools under Section 144 of CrPC (Power to issue order in urgent cases of nuisance of apprehended danger) to submit reports on the measures taken by the schools to ensure the safety of the children within the stipulated period of 15 days to the District Education Officer of Gurugram. However, 135 schools failed to comply with that order – including the Ryan International School in Gurugram Sector 40, while 223 schools submitted a report on their safety measures to the authority.
Sanjay Chandra Bail Plea
Unitech Ltd Promoter Sanjay Chandra who was jailed along with his brother for cheating homebuyers in a Gurgaon project is likely to inform the SC the stipulated timeframe within which he would be depositing Rs 1,000 crore for his bail.
Earlier on 23 October, a bench headed by CJI Dipak Misra refused Chandra’s bail plea. Chandra’s lawyers had urged that Chandra be granted an interim bail for four to five weeks when he would repay the homebuyers.
Kerala Love Jihad Case
This case is related to the 24-year-old doctor Akhila Ashokan aka Hadiya who converted to Islam after marrying the 27-year-old Shafin Jahan without her family’s consent in December 2016.
Earlier Hadiya’s father challenged the marriage in the Kerala High Court and got it annulled, alleging that his daughter’s husband forced her to convert to Islam. Following this, the SC ordered the NIA to investigate if it was a case of ‘Love Jihad’.
On Monday, an SC bench headed by CJI Dipak Misra will hear Shafin’s response against the annulment of his marriage. According to Shafin, Hadiya is being held in illegal confinement by her father.
Mamata Banerjee's Plea Challenging Aadhaar Linking
On Friday, the West Bengal government approached the SC against the Centre’s move to make Aadhaar mandatory for available social welfare schemes.
A bench led by Justice AK Sikri will be hearing the petition on Monday. The SC is also likely to pass a judgment on whether or not the deadline on linking Aadhaar should be extended to 31 March 2018.
Earlier the Central government had said that the deadline will be extended but only for those who do not have the 12-digit unique identification number.
Another petition filed by social activist Raqhav Tankha will be heard alongside challenging the linking of the Aadhaar identity with cellphone numbers.
Plea Challenging Constitutional Validity of Article 35A
A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and DY Chandrachud will be hearing petitions challenging the validity of Article 35A that guarantees special rights privileges to the citizens of Jammu and Kashmir.
Article 35A, added to the Indian Constitution by a Presidential Order in 1954, also empowers the state's legislature to frame laws without attracting a challenge on grounds of violating the Right to Equality of people from other states or any other right under the Constitution.
The main petition has been filed by the NGO We the Citizens which has termed Article 35A to be discriminatory to the rest of India. Although J&K’s PDP-led government filed a counter affidavit to the NGO’s petition, the Central government hasn’t done the same.
On Sunday, in a joint statement, Syed Ali Geelani, Mirwaiz Umar Farooq and Mohammad Yasin Malik urged the people to "launch a mass agitation if the Supreme Court delivered a verdict against the interests and aspirations of the people of the state".
SC Pulls up West Bengal Govt to Moving SC on Aadhaar Linking
The Supreme Court pulled up Mamata Banerjee-led government for moving the apex court against the linking of Aadhaar card with welfare schemes. The SC also said that Mamata Banerjee can come to the top court as an individual and challenge the parliamentary decision but not as a representative of the state government.
Senior advocate Kapil Sibal, appearing for the Mamata Banerjee-led West Bengal government, told the court that the plea has been filed by the labour department of the state as subsidies under these schemes have to be given by them.
However, Sibal maintained that the state was entitled to file such a plea but said that they would amend the prayer in the petition.
The WB government agrees to modify petition by not challenging Aadhaar instead confine itself on labour ministry notification that requires all to link aadhaar identities to avail social welfare schemes.
However, the two-judge bench issued notice to the centre on a plea challenging linking of Aadhaar no and mobile number. The Centre have been given four-weeks’ time to file a response on the matter.
The matter is adjourned for the day.
Consent of Girl in Important: SC in Hadiya Case
During the hearing of what has now come to be known as ‘Kerala’s love jihad’ case, the Supreme Court observed that the consent of the girl is prime.
“In a habeas Corpus matter, the consent of the girl is the most important aspect,” CJI Dipak Misra said.
The SC also directed Kerala police to produce Hadiya in court on 27 November to question her on whether she consented to the marriage and her conversion to Islam. During today’s hearing, the SC also rejected a plea from Hadiya’s father for her examination on 27 November to be held in-camera. As a result, her examination will be public, in open court.
Addressing the court, ASG Maninder Singh stold SC that the NIA has found a systematic apparatus to target and radicalise youth for jihad.
SC to Hear Aadhaar Matters by November End
The SC will hear petitions against Aadhaar by the end of November. It will set up a five judge constitution bench in last week of November to commence adjudication on the constitutional validity of Aadhaar.
Attorney-General KK Venugopal appeared in court during a mentioning hearing to say that the government was not willing to extend the deadline to link Aadhaar to various private and public services.
He also insisted that the SC must not pass any interim orders against the linking of Aadhaar, arguing that reports about problems with Aadhaar in the media were falsehoods.
In the absence of assurances from the government regarding coercion, the CJI, who had earlier planned to hear the matter in January, said arguments would begin in the end of November.
SC Asks Unitech to Deposit Rs 750 Crore
The SC asked Unitech’s Sanjay Chandra to deposit Rs 750 crore by December-end to facilitate refund to homebuyers. It said it would consider granting bail to Chandra who is currently in jail for cheating homebuyers.
The top court asked Tihar jail authorities to permit lawyers to visit Chandra daily if such meetings are required to arrange refund for the homebuyers. The jail authorities have been asked to provide video-conferencing facilities to Sanjay Chandra so that he can the negotiate sale of his properties.
The apex court has fixed the matter for further hearing in the second week of January.
I Respect SC's Decision: Mamata Banerjee
West Bengal Chief Minister Mamata Banerjee said that she respected the Supreme Court’s decision that she come and file her plea against Aadhaar as an individual.
The apex court had earlier said that the Centre’s move can be challenged by an individual, and not a state.
SC Defers Hearing on Article 35A by 8 Weeks
The apex court has defered the hearing on the petitions challenging the validity of Article 35A, after the Attorney General submitted that an interlocutor had been appointed with regard to the Jammu and Kashmir crisis.
The Attorney General further sought 6 months time for the hearing, after opining that the hearing may affect the process reported CNN News18.
Welcome Supreme Court's Direction: Ashokan, Hadiya's Father
Speaking to the media after the Supreme Court directed him to produce his daughter in the court on 27 November for further hearing, Hadiya’s father Ashokan said he welcomed the court’s decision and said he will comply with the order.
BCCI Draft Constitution Submitted in SC
A draft constitution of the BCCI was submitted in the Supreme Court in a sealed cover today, incorporating suggestions of the Justice R M Lodha panel on reforms in the cash-rich cricket body.
Also, the apex court, which had summoned BCCI office- bearers C K Khanna, Amitabh Choudhary and Aniruddh Chaudhry for allegedly coming in the way of the preparations of the draft constitution, took note of their personal appearance today, and exempted them from appearing before it on 29 November, the next date of hearing.
SC to Frame Guidelines for Safety of School Children
The Supreme Court said today that it would frame comprehensive guidelines to ensure safety and security of schoolchildren, and ordered compilation of norms formulated by the Centre and states for its consideration.
A bench headed by Chief Justice Dipak Misra was hearing several pleas including the one filed by the father of a seven-year-old boy who was found dead with his throat slit at Ryan International School in Gurugram in September.
The bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, asked all stakeholders to give their suggestions for comprehensive compilation and posted the matter for further hearing on 4 December.
It asked advocate Suchita Srivastav to study the existing guidelines and consider suggestions of stakeholders, including the Centre, Central Board of Secondary Education (CBSE), state governments and other parties concerned, and file a comprehensive report.
It is a busy Monday at the Supreme Court, with at least five important cases scheduled for the day. The cases pertain to Article 35A, Aadhaar-linking, school safety, love jihad and the BCCI’s draft constitution, among others.
- SC to hear petitions against Aadhaar by end of November
- Mamata Banerjee pulled up for leading West Bengal’s PIL challenging centre over Aadhaar
- In Unitech case, Sanjay Chandra told to deposit Rs 750 crore by year-end to refund homebuyers
- In ‘Kerala Love Jihad’ case, Hadiya to be produced in court on 27 November
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