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A day after the special tribunal of Delhi High Court lifted the ban on the controversial organization, Students’ Islamic movement of India (SIMI), the Supreme Court re-imposed the ban on Wednesday staying the Tribunal order.  After the home ministry had challenged the controversial judgment of the Delhi High Court and filed an appeal in the SC.

The apex court has issued a notice to SIMI asking as to why it should not be banned and has given them 3 weeks to respond to the same.

Justice Gita Mittal stated, “As the Centre’s order dated February 7 for further extension of the ban on SIMI was not backed by strong evidence, the Delhi High Court’s single judge Bench had to take such a decision.“

The Tribunal had lifted the ban on SIMI, citing lack of a concrete reason for continuing the ban. The organization was banned in 2006 with the charge of indulging in anti-India activities.

The ban will now continue as earlier. SC stated the decision in wake of recent terror attacks happening in the country. When the entire country is under the shadow of terror blasts, the verdict is justifiable. Because of these serious concerns, SC intervened and re-imposed the ban on SIMI before completion of 24 hours.

SIMI was first banned for two years in 2001, under the Unlawful Activities (Prevention) Act,

Tags: Ban, Delhi High Court, High Court, Justice, SIMI, Students Islamic Movement of India, Supreme Court

“Even God will not be able to save this country.”  This is the statement pronounced by a fuming Supreme Court on Tuesday stated while criticizing the government for its decision of not amending Section 441 IPC (criminal trespass) for prosecuting squatters of government accommodation in the country.

A bench of Justices B N Aggrawal and G S Singhvi uttered its anger as the Additional Solicitor General Amarender Saran bluntly told the court that the Union government has decided not to amend Section 441 IPC (criminal trespass) for prosecuting squatters of government accommodation in the country.

The apex court also added, “In India even if God comes down he cannot change our country. Our country’s character has gone. We are helpless.”

Furious on the refusal to amend the law for launching criminal prosecution against those who illegally occupy official houses, the bench of justice said, “We are fed up with this government. They don’t have the guts to differ with the opinion of the clerks.”

The government took the stance that the existing provisions provided under the Public Premises Act was sufficient to evict those illegally occupying government accommodation. Moreover, it claimed that out of 99,100 government houses only 300-odd dwellings were under unauthorized occupation for which had been made to evict them.

The apex court was upset with the centre for not doing anything about illegal occupants of government houses and refusing to bring in harsher laws.

The court said PILs are being filed before it by people who are vexed with the approach of the government on various issues.

“You complain about judicial activism when you are in power. When you are not in power you come to us for remedy,” the 2-judge bench remarked.

Tags: Court, God, India, IPC, Public, Supreme Court

The Delhi High Court Tribunal headed by Justice Geeta Mittal, lifted the ban on controversial Students Islamic Movement of India on Tuesday night. The otherwise banned organization was prohibited since 2006 with the charge of indulging in anti-India activities but the tribunal observed no concrete evidence against SIMI to continue the ban.

“Material given by the Home Ministry is insufficient, so ban cannot be continued,” the judge said in a sealed order handed over to the ministry. However, the Home Ministry has said it will appeal in the Supreme Court against the ban.

SIMI was first banned for two years in 2001, under the Unlawful Activities (Prevention) Act, after intelligence reports showed that its cadres were joining Pakistan-based Lashkar-e-Toiba (LeT) and was were providing support in setting up of ‘sleeper cells’ in India.

The ban has since been re-imposed after every two years, the last one being imposed on February 08, 2006 against which SIMI has appealed in the court.

Tags: Ban, Delhi High Court, High Court, Justice, SIMI, Students Islamic Movement of India, Supreme Court

Setting aside the Calcutta High Court order of staying the implementation of 27 per cent quota for OBCs in post graduate courses in IIMs, the Supreme Court on Friday rejected the HC verdict and favored the OBC quota for IIM-C.

“We cannot allow Calcutta High Court order to operate,” a Bench headed by Chief Justice K G Balakrishnan said.

“Can Calcutta High Court sit over the order of the Supreme Court,” the Bench asked while vacating the stay.

Yesterday the Calcutta High Court had stayed quota for OBCs in post-graduate courses in Indian Institute of Management, Calcutta. Interviews of OBC candidates were halted for the same.

Special interview of OBC students was scheduled by IIM-C following the HRD memorandum.

The interim order of the Calcutta High Court stayed till June 09 the operation of the reservation clause of IIM prospectus and also the resolution of office memorandum dated April 20, 2008 passed by the HRD Ministry.

Announcing the decision today, SC said that however, all admissions will be provisional in post graduate courses in Central educational institutions under the Act before the final outcome.

It also issued notice to those petitioners who were opposing the implementation of government memorandum in different high courts on the Center’s petition seeking transfer of those matters to the apex court.

Tags: Calcutta, High Court, IIM, Kolkata, OBC, SC, Supreme Court

The Supreme Court on Thursday giving a historic verdict said ‘Yes’ to 27% quota for Other Backward Classes (OBC) in higher education institutes including the Indian Institutes of Technology (IITs), Indian Institutes of Management (IIMs) and All India Institute of Medical Science (AIIMS).

The five judge Constitution bench headed by the Chief Justice upheld the Central Educational Institutions (Reservation in Admission) Act, 2006.

However judges has excluded creamy layer among the OBCs from the quota. In general the OBC families with 2.5 lakhs or more annual income are included in creamy layer. Supreme Court asked the government to draw parameters applied for identifying the creamy layer among the OBCs for jobs as per the office memorandum of September 8, 1993, will be applicable for identifying the socially and educationally backward classes.

With the decision of exclusion of creamy layer the court has clarified that the reservation is not only caste based but socio-economic conditions are also important.

Also children of MPS and MLAs are also included in the creamy layer and excluded from the benefit of the quota.

The apex court in its March 29, 2007, interim order stayed the implementation of the Act holding that data based on 1931 census cannot be the determinative factor for the affirmative action.

22.5 % reservation was already reserved for SC/ST, now making a total of 49.5 % for reserved classes.

With today’s decision the reservation will be implemented from 2008 academic session.

A mixed bag of reaction is obtained in response to the decision.

Political parties welcome the verdict to give reservation for OBCs. The judgment comes at a very crucial time for the UPA government as the general elections are just a year away.

Congress said that the quota will be implemented immediately. On the same side its rival BJP also praised the verdict saying the judgment given by SC is correct.

Union HRD Minister Arjun Singh, who had been the most vocal supporter of quota for OBCs called it a historic judgement.

On other side there is another group which is upset with the verdict especially for the exclusion of the creamy layer.

“It is a positive verdict. But while enabling the rules, the government should have a re-look at the criteria to define creamy layer,” Communist Party of India (CPI) leader D. Raja told IANS.

Raja also expressed disappointment over the court’s silence over quotas for OBCs in the private institutions.

Tags: AIIMS, IIT, India, OBC, Quota, Supreme Court

The Supreme Court Monday dismissed an Uttar Pradesh government plea to prosecute Bollywood actor Amitabh Bachchan. The actor was on charges of forgery in acquiring government land at Barabanki in the state.

Hearing of the case in Supreme Court was on Monday and the judges dismissed the petition.

A bench of Chief Justice K.G. Balakrishnan and Justice Aftab Alam dismissed the case saying the forgery in the government land record was found to have been committed by local revenue records clerk and not by the film star.

The bench also noted that Bachchan had already relinquished his claim over the government land and had returned it to the village.

In the given circumstances “no charges survive” against the film star, the bench held.

Tags: Amitabh Bachchan, Bachchan, Supreme Court, up