#Justice B R Gavai

[life-and-health-insurance]

Supreme Court Slam Private Hospitals Loots

Big news! Supreme Court wants to regulate prices for heart surgery (and potentially more) in India! Does this mean the same cost in private and government hospitals?

The video dives into the Clinical Establishment Act of 2010 and the recent Supreme Court ruling. ⚖️ Will it impact quality in private hospitals? Share your thoughts in the comments!

[disruptiveempathy]

Supreme Court (SC) Justices B R Gavai and K V Viswanathan issued the judgement after hearing pleas seeking framing of guidelines on demolition of properties. The apex court noted that an executive cannot become a judge, declare an accused as guilty and demolish their house. Calling such actions ‘high-handed and arbitrary,’ the court declared them unconstitutional and amounting to “collective punishment”

A bit skeptical that anything will actually change but still, overall good news.

[seemabhatnagar]

Supreme Court will not interfere in matters where call is to be taken by the Executive

Balwant Singh v. Union of India & Anr.

The Supreme Court (SC) of India dismissed the Criminal Petition of the Accused Balwant Singh one of the accused in the #CriminalConspiracy which had resulted in the #assassination of the then #ChiefMinister of #Punjab, Prakash Singh Badal. Further the Apex Court also didn’t find it appropriate to give #access to the #file of #Ministry of #HomeAffairs to the Petitioner.

This verdict was pronounced on 03.05.2023 by the Division Bench of the Apex Court comprising Hon’ble Justice B R Gavai J, Hon’ble Mr. Justice Vikram Nath J & Hon’ble Mr. Justice Sanjay Karol J.

The present Criminal petition was filed for calling the record of #mercypetition submitted on 25.03.2012 seeking clemency from the President of India under Article 72 of the Constitution of India (COI). And to commute the death sentence into life imprisonment because of inordinate delay in deciding the mercy petition.

Fact: Balwant Singh, the petitioner in this case, is one of the accused who had hatched  criminal conspiracy along with 8 others (Jagtar Singh Hawara, Gurmeet Singh, Lakhwinder Singh, Shamsher Singh and Nasib Singh.) and had executed bomb blast on 31.08.95 in which Chief Minister of Punjab Prakash Singh Badal along with 16 others lost their lives and many were injured.

The Trial Court convicted the accused for the offence pertaining to Sections 120-B, 302, 307 of the Indian Penal Code (IPC), 1860and u/s.3(b), 4(b) and 5(b) r/w 6 of Explosives Substances Act, 1908 and awarded death sentence.  

In reference High Court confirmed the conviction and sentence of the accused (Petitioner Balwant Singh) but commuted the death sentence of Jagtar Singh into life imprisonment. However Central Bureau of Investigation (CBI) filed Appeal before the Supreme Court against the commuting of death sentence into life imprisonment in the case of Jagtar Singh which is pending for consideration.

Other co-accused preferred appeal against the judgement of the High Court (HC) before the Apex Court but the present petitioner didn’t preferred any appeal or any Mercy Petition before the President of India.

The mercy petition pending before the President of India is filed by Shiromani Gurudwara Prabhandak Committee (SGPC) on behalf of the Petitioner Balwant Singh.

Ministry of Home Affairs, Government of India on 27.09.2019 initiated a proposal on the occasion of commemoration of 550th Birth Anniversary of Guru Nanak Dev Ji proposing special remission and release of prisoners.

Submission of the Petitioner Counsel:

Communication dt.27.09.2019 of Ministry pf Home Affairs, Government of India provided that 8 Sikh persons be given special remission under Article 161 of the Constitution of India and be released from prison and a further proposal for commutation of death sentence to life imprisonment of one prisoner (petitioner) is to be processed under Article 72 of the Constitution of India.

Till date no decision has been taken.

As the State and the Union of India have not been able to decide the Mercy Petition which is pending for more than 10 years, this Court itself may grant that commutation.

Submission of the Additional Solicitor General of India (ASG)

Petitioner having expressed in specific terms that he has no faith in the judiciary of this country and that he did not regret at all being part of the crime and further has used contemptuous terms before the High Court which have been duly recorded, wherefore he does not deserve any mercy in view of his conduct.

Till date the petitioner himself has not submitted any Mercy Petition. The Mercy Petition dated 25.03.2012 was submitted by the SGPC. When the petitioner has not filed any Mercy Petition himself, there is no question of granting any relief as claimed.

Ministry of Home Affairs, upon material consideration of various reports from its different branches, has come to the conclusion that the consideration may be deferred as it could have an impact of compromising the security of the nation & creating law and order situation

Criminal Appeals filed by the co-accused Lakhwinder Singh & Jagtar Singh are still pending before this Court, as such consideration of any Mercy Petition would arise only after disposal of those appeals.

Criminal Appeal filed by CBI is also pending against the commuting of death sentence into lfe imprisonment in case of Jagtar Singh.

The decision in these appeals pending before this Court would be a relevant material and while considering the Mercy Petition the same could have a bearing. As such it would be appropriate to await the decision of the pending appeals.

There is no delay in consideration of the Mercy Petition. It is only after 27.09.2019 that the Ministry of Home Affairs, Government of India, required the State Government to send the proposal for commutation of death sentence to life imprisonment under Article 72 of the COI.

Considering the prevailing situation, a decision has been taken by the Ministry of Home Affairs that it would be appropriate to defer taking any decision on the Mercy Petition as it could have serious potential of compromising the security of the nation or creating a law and order situation.

Observation of the Apex Court:

Delay in decision on Mercy Petition can’t be sustained.

Petitioner himself never submitted Mercy Petition. Mercy Petition on behalf of petitioner Balwant Singh was submitted by the SGPC.

The Ministry of Home Affairs communication dated 27.09.2019, is the proposal for considering the commutation of the death sentence of the petitioner was started and a decision was taken by the Ministry of Home Affairs to keep the same pending till disposal of the pending appeals before this Court, filed by the co-accused as well as by the CBI.

Deferring the decision by Ministry of Home Affairs amounts to a decision declining to grant the same for the present.

Since Ministry of Home Affairs, upon material consideration of various reports from its different branches, has come to the conclusion that the consideration may be deferred as it could have an impact of compromising the security of the nation or creating law and order situation.

It is within the domain of the executive to take a call on such sensitive issues.

This Court does not deem it appropriate to issue any further directions.

Seema Bhatnagar

[newsxbyte]

Collegium picks Calcutta HC judge for SC post | India News

NEW DELHI: The five-member SC collegium led by CJI Sanjiv Khanna Thursday recommended Justice Joymalya Bagchi, a judge of Calcutta HC, for appointment as a judge of SC, which has two vacancies in its sanctioned strength of 34 judges. The collegium, also comprising Justices B R Gavai, Surya Kant, A S Oka and Vikram Nath, settled on Justice Bagchi after considering the judgments and judicial acumen…

[healthpluser]

Explore the nocturnal wilderness at herp walks in Visakhapatnam

The Supreme Court on Thursday sent notice to the Centre in a suo motu case against a Lokpal order which held that it can extend its jurisdiction over High Court judges. A bench of Justices B R Gavai, Surya Kant and Abhay S Oka of the top court rejected Lokpal’s reasoning and stayed the execution of the order. Moreover, the apex court sent notices to Registrar General of the Lokpal and the…

[odnewsin]

‘Very disturbing’: SC stays Lokpal order entertaining complaints against sitting HC judge

New Delhi: The Supreme Court Thursday stayed the Lokpal order entertaining complaints against a sitting high court judge, terming it “something very, very disturbing” and concerning the independence of the judiciary. A special bench headed by Justice B R Gavai issued notice and sought responses from the Centre, the Lokpal registrar and the person who has filed complaints against the sitting high…

[news365timesindia]

[ad_1] New Delhi: The Supreme Court on Friday allowed petitioners, who dropped out from their courses between November 5 and 18, 2024, to register for Joint Entrance Examination (JEE)-Advanced.   A bench of Justices B R Gavai and Augustine George Masih passed the order while hearing the Read More [ad_2] Source link

[news365times]

[ad_1] New Delhi: The Supreme Court on Friday allowed petitioners, who dropped out from their courses between November 5 and 18, 2024, to register for Joint Entrance Examination (JEE)-Advanced.   A bench of Justices B R Gavai and Augustine George Masih passed the order while hearing the Read More [ad_2] Source link

[hindustanmorning]

Delhi excise policy case: Supreme Court lifts bail condition forcing Manish Sisodia to appear before police twice a week.

The Supreme Court on Wednesday lifted the bail condition that required Aam Aadmi Party (AAP) leader Manish Sisodia to appear before the investigating officer twice a week in the cases filed by the Enforcement Directorate (ED) and the Central Bureau of Examination (CBI) in connection with the alleged New Delhi excise policy scam. The condition was removed by a bench of Justices B R Gavai and K V…

[tfgadgets]

Supreme Court On Rs 15,000 Pension For Ex-High Court Judge

The Supreme Court thereafter posted the hearing on November 27. New Delhi: The Supreme Court on Thursday expressed “shock” over some retired high court judges getting a meagre pension ranging between Rs 6,000 and Rs 15,000. A bench of Justices B R Gavai, P K Mishra and K V Viswanathan was hearing a petition filed by a retired high court judge who said he was receiving a mere Rs 15,000…

[uniqueeval]

Excise policy case: Supreme Court to hear Kavitha's bail plea on August 27

Supreme Court to hear BRS leader K. Kavitha’s bail plea in a money laundering case linked to the Delhi excise policy scam. File | Photo Credit: The Hindu The Supreme Court is scheduled to hear on Tuesday (August 27, 2024) the bail plea by Bharat Rashtra Samithi (BRS) leader K. Kavitha in a money laundering case linked to the alleged Delhi excise policy scam. A bench of justices B. R. Gavai and…

[12blogmk]

Journalists: Supreme Court shields 2 journalists in Adani case | India News

NEW DELHI: The Supreme Court on Friday granted interim protection to two journalists who were summoned by Gujarat police for their article alleging stock manipulation by the Adani group and directed the police not to take any coercive action against them.Granting relief to the scribes, a bench of Justices B R Gavai and Prashant Kumar Mishraissued notice to Gujarat government seeking its response…

[seemabhatnagar]

"Supreme Court Upholds Father’s Right to Custody, Balancing Child’s Welfare with Gradual Transition"

🔴The untimely death of a wife and mother leaves a void, but for maternal grandparents, it also sparks deep concern for the child’s future. Traditionally, they fear that if the father remarries, the stepmother may not provide the same love and care—sometimes even mistreating the child, as seen in many unfortunate cases. To shield the child from emotional distress, grandparents often step in and take custody.

However, there are exceptions. Some fathers, even after remarriage, prove their commitment to their child's well-being, ensuring love and stability. In such cases, the #custodybattle is not just about #legalrights but about who truly serves the best interests of the child.

➡️ The case I am sharing with you today concerns the appellant, a father of a minor child, who challenged the High Court's order in a #HabeasCorpus petition, which denied him custody.

🔹The child had been living with his maternal grandparents since the death of his mother in 2021.

🔹The High Court, considering the child’s comfort and ongoing education, allowed him to stay with the grandparents while granting the father visitation rights.

🔹The father, an Administrative Service Officer, had remarried and argued that he was financially stable and capable of providing for the child’s welfare.

👉 The primary legal issue in this case was whether the father, as the natural guardian, should be granted custody of the minor child through a Habeas Corpus petition, or whether the matter should be decided under the #GuardianandWardsAct, 1890.

➡️Citing Gautam Kumar Das, the 'Appellant father' argued for custody as the natural guardian, especially after the mother's death. He highlighted his financial provisions for the child (property transfer, ₹10 lakh fixed deposit, ₹25 lakh life insurance) and his second wife's affidavit promising care.

➡️The 'Respondent grandparents', citing Nirmala v. Kulwant Singh, argued child custody should be decided under the Guardian and Wards Act, emphasizing the father's remarriage, the child's established placement with them, and the father's separate guardianship petition, which they claimed made the Habeas Corpus plea inappropriate.

➡️After hearing both sides the Apex Court observed that the High Court failed to consider the child's 10-year bond with his father, who is financially stable and the #naturalguardian. The grandparents' ₹20,000/month maintenance request suggests their financial constraints. With no evidence of abuse/neglect by the father, and given his legal custody right, the Habeas Corpus petition (per Tejaswini Gaud) is valid due to unauthorized detention by non-guardians.

➡️ The Supreme Court granted grandparents custody until April 30, 2025, for the school year, with the father having alternate weekend custody. Full custody transfers to the father on May 1, 2025, with grandparent #visitation #rights on the second Saturday monthly.

➡️Case Vivek Kumar Chaturvedi & Anr. v. State of U.P. & Ors. Special Leave Petition (Criminal) No.14809/2024 Court Supreme Court Judge Hon'ble Mr. Justice B R Gavai J & Hon'ble Mr. Justice K. Vinod Chandran J

👉 Stay connected for more such #legalinsights #significantrulings #legalconsultation and #legalupdates

[newsxbyte]

Courts not expected to delay matters concerning liberty: SC takes tough stance | India News

File Photo: Supreme Court of India The Supreme Court on Thursday emphasised that courts should not delay matters related to liberty for extended periods. A bench consisting of Justices B R Gavai and Augustine George Masih made this remark after learning that the Punjab and Haryana High Court had scheduled the hearing of a plea for temporary bail on medical grounds after a gap of two months.The…

[healthpluser]

Supreme Court stays Lokpal order to probe HC judges

The Supreme Court on Thursday sent notice to the Centre in a suo motu case against a Lokpal order which held that it can extend its jurisdiction over High Court judges. A bench of Justices B R Gavai, Surya Kant and Abhay S Oka of the top court rejected Lokpal’s reasoning and stayed the execution of the order. Moreover, the apex court sent notices to Registrar General of the Lokpal and the…

[odnewsin]

SC slams freebies, says people losing will to work

New Delhi: The Supreme Court Wednesday deprecated the practice of announcing freebies prior to elections, and said people were not willing to work as they were getting free ration and money. The observations came from a bench of Justices B R Gavai and Augustine George Masih which was hearing a matter concerning the right to shelter of homeless persons in urban areas. “Unfortunately, because of…