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Wednesday, March 25, 2009

Muslim school boy takes fight to keep beard to Supreme Court

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Can a Muslim student of a Christian minority school claim a fundamental right to sport a beard against the rules of the school?

A 16-year-old boy from Madhya Pradesh has moved Supreme Court against an order of the state high court rejecting his petition challenging the decision of Nirmala Convent Higher Secondary School to throw him out for refusing to shave his beard. Mohammad Salim, a Class X student, has sought quashing of the regulation that requires students to be clean-shaven on the grounds that it violates his fundamental right to religion under Article 25 of the Constitution.

The high court had in December 2008 accepted the school’s contention that it had the right to establish and administer a minority institution under Article 30 of the Constitution and frame its own rules. Supreme Court upheld this right in the P.A, Inamdar

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Thursday, September 11, 2008

Women face contempt for saying CJI like Osama

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The Supreme Court on Wednesday initiated contempt proceedings against two members of Vasai-based Boss Music School for making insinuations against Chief Justice of India and comparing him to Saddam Hussein and Osama Bin Laden.

A bench headed by Justice Arijit Pasayat appointed Solicitor General G.E. Vahanvati to assist the court in the matter and posted its hearing in November. The apex court, which had last month issued contempt notice to Leila David and Annette Kotian, said their reply to the notice was "more contemptuous".

Justice Pasayat said: "We have considered the reply filed by them, which are equally contemptuous and we feel that action needs to be taken against them for contempt of this court and charges will be framed against them."

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Tuesday, July 1, 2008

Judiciary shoots down plan for Indian Administrative Service-like exam to select judges

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Supreme Court and High Court judges have shot down a government proposal for the introduction of a national level examination system to select judges on the lines of the civil services.

The Law Ministry proposal seeking to set up an All India Judicial Services to select district and high court judges has been given a cold shoulder by higher judiciary, documents show.

"The creation of such a service would help attract bright and capable young law graduates into the judiciary," the ministry had written to the courts last year.

Only 11 of the 21 high courts responded to the ministry's letter. Nine of them completely rejected the proposal. The Supreme Court and 10 other high courts did not even bother writing back. A majority of the courts said they felt there was no need for the creation of such a service.

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Wednesday, May 28, 2008

Drug rap returns to haunt IPL boss Modi

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The high profile commissioner of the Indian Premier League, Lalit Modi, was convicted of possessing drugs, kidnapping and assault in the US during his days as a university student. The conviction came after Modi confessed to committing the offences before a North Carolina court.

In his defence, Modi's lawyers say he did not serve the two-year jail sentence as he was let off on probation, and the Durham County Court did not give a final decision on his sentencing for drugs possession.

The Supreme Court has been hearing a petition challenging Modi's position as a cricket official since 2005. But the case has acquired urgency lately after the petitioner asked for a quick resolution, either way.

Despite repeated attempts to contact him for a response through calls and SMSes, and despite explaining the story to him on SMS, Modi, though polite, indicated he would not comment.


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Wednesday, April 2, 2008

Rs 1,400 crore down stinking drain

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This must be the most expensive bit of housekeeping anywhere in the world, and pointless. Over Rs 1,400 crore has been spent on cleaning up 22 km of Yamuna River cutting through Delhi. And it remains just as dirty .

Supreme Court judge Markandeya Katju called it a "stinking drain" on Tuesday. "I went there to perform the last rites of my mother and the smell at the ghat was unbearable."

This observation came at a hearing by a bench comprising Katju and Justice H.K. Sema of a public interest litigation seeking the court's intervention in the implementation of safety measures on national highways.

Katju raised the Yamuna clean-up issue to explain why the Supreme Court cannot and should not get into areas marked out for the executive (the government). It didn't work in the case of Yamuna.

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