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The top court also came down heavily on the Mamata Banerjee government over the delay in the arrest of former TMC leader Shajahan Sheikh, who is alleged to be the mastermind of the attack on ED team. 

Sandeshkhali ED attack case: Supreme Court upholds Calcutta HC order on CBI probe

The top court also came down heavily on the Mamata Banerjee government over the delay in the arrest of former TMC leader Shajahan Sheikh, who is alleged to be the mastermind of the attack on the ED team.&nbsp;

The Supreme Court on Monday dismissed the West Bengal government's plea challenging the Calcutta High Court order transferring the probe of the Sandeshkhali violence case to the CBI.
The court was hearing the matter related to the attack on teams of the Enforcement Directorate and Central Armed Police Forces on January 5.
It also came down heavily on the Mamata Banerjee government over the delay in the arrest of former TMC leader Shajahan Sheikh, the alleged mastermind behind the attack. &nbsp;
A bench of Justices BR Gavai and Sandeep Mehta, however, agreed to expunge remarks against the West Bengal Police in the high court judgement.&nbsp;
The bench noted the submission of Additional Solicitor General SV Raju that he has no objection to the expunction of the remarks if the final order transferring the probe to CBI remains as it is.
During the hearing, the bench posed several questions to senior advocate Jaideep Gupta, representing the West Bengal police, as to why suspended TMC leader Shahjahan Sheikh was not promptly arrested after the January 5 attack and why was there a delay in the investigation of the case.
Raju contended if the investigation was not handed over to the CBI, the probe by the state police will be a farce.
On March 6, the West Bengal government had approached the top court seeking urgent listing of its petition challenging the high court order, but failed to elicit prompt relief.
The state government, in its plea before the apex court, dubbed the high court order as perverse, illegal, and arbitrary which deserves to be set aside.
"It is most respectfully submitted that the Impugned Order was pronounced by the Division Bench at 3 pm and uploaded on the High Court website by 3.30 pm (approx.), but the directions contained therein required the Petitioner/State Govt. to comply with such directions by 4.30 pm on the self same day i.e. March 5, 2024 which effectively frustrated the Petitioner's right to avail its remedy under Article 136 of the Constitution.
"In fact, the Advocate General appearing for the Petitioner State orally prayed seeking stay on the operation of the Impugned Order for three days to avail such legal remedy but the Division Bench not only rejected such prayer but refused to record the same in the Impugned Order," the state government said.
The high court had last week asked Bengal police to hand over Shahjahan's custody to the central agency. It had also come down heavily on the state police. The Supreme Court today expunged the high court's observations on Bengal police.
(With PTI inputs)
Also read | <a href="https://www.editorji.com/india-news/sc-orders-sbi-to-disclose-electoral-bond-details-by-tomorrow-1710138324876">SC orders SBI to disclose electoral bond details by tomorrow</a>

The Supreme Court has asked whether the Preamble of the Indian Constitution could be amended while keeping the date of adoption, November 26, 1949, intact

Can Preamble be amended without altering date? SC on pleas seeking removal of socialist, secular 

The Supreme Court has asked whether the Preamble of the Indian Constitution could be amended while keeping the date of adoption, November 26, 1949, intact

The Supreme Court on Friday questioned whether the Preamble of the Constitution could be amended while keeping the date of adoption, November 26, 1949, intact.
A bench of Justices Sanjiv Khanna and Dipankar Datta posed the question to former Rajya Sabha MP Subramanian Swamy and lawyer Vishnu Shankar Jain, who have sought deletion of the words "Socialist" and "Secular" from the Preamble of the Constitution.
"For academic purposes, can a Preamble that has the date mentioned, be changed without altering the date of adoption? Otherwise, yes the Preamble can be amended. There is no problem with that," Justice Datta said.
Swamy replied, "That's precisely the question in the matter." Justice Datta further said, "This is perhaps the only Preamble I have seen which comes with a date. We give this Constitution to us on so and so date &hellip; originally these two words (Socialist and Secular) were not there." Jain said that the Preamble of Constitution of India comes with a specific date, therefore it cannot be amended without discussion.
Swamy intervened and said that the 42nd Amendment Act was passed during the Emergency (1975-77).
Justice Khanna at the outset told Swamy that the judges had received the case files early in the morning and due to the paucity of time, they had not gone through them.
The bench said that the matter required detailed discussion and posted the hearing on the two petitions to April 29.
On September 2, 2022, the top court had tagged Swamy's plea with other pending matter &mdash;filed by one Balram Singh and others &mdash; for hearing.
Both Swamy and Singh has sought deletion of words "Socialist" and "Secular" from the Preamble.
The words 'Socialist' and 'Secular' were inserted in the Preamble of the Constitution under the 42nd Constitutional amendment moved by the Indira Gandhi government in 1976.
The amendment changed the description of India in the Preamble from a "sovereign, democratic republic" to a "sovereign, socialist, secular, democratic republic." Swamy in his plea has contended that the Preamble cannot be altered, varied, or repealed.
He said in his plea that the Preamble not only indicated the essential features of the Constitution but also the fundamental conditions based on which it was adopted to create a unified integrated community.&nbsp;

The Supreme Court has said that it was appalled by the behaviour of the Returning Officer of the Chandigarh Mayor polls

Chandigarh Mayor polls:  Supreme Court slams Returning Officer, issues notice   

The Supreme Court has said that it was appalled by the behaviour of the Returning Officer of the Chandigarh Mayor polls

The Supreme Court on February 5 came down heavily on the Returning Officer of Chandigarh Municipal polls over the manner in which the results were declared, which saw the BJP defeating the Congress-AAP alliance.
Issuing a notice to Returning Officer Anil Masih, the top court directed that entire records of the municipal elections be sequestered with the High Court Registrar General, and the ballots and videos be preserved.
A bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra took strong exception to the Returning Officer defacing ballot papers and making a mockery of democracy.
The apex court said that it was appalled by the behaviour of the returning officer of the elections. "Why is he looking at the camera and running like a fugitive?", the CJI said after seeing the video of the proceedings, reports LiveLaw outlet.
It also temporarily stayed the activities of the Municipal Corporation and ordered the ensuing meeting of the corporators to be deferred. &nbsp;
The Court also effectively stayed any activity on the part of the Municipal Corporation for the time being.
"The ensuing meeting of Chandigarh Municipal Corporation shall be deferred till the next date. Let the papers be handed over to the High Court registrar general by today 5 pm. List on the next Monday week," the Court ordered.
A plea was filed Aam Aadmi Party (AAP) councillor Kuldeep Kumar challenging the Punjab and Haryana High Court's refusal to grant an immediate stay on the election result in which a Bharatiya Janata Party (BJP) candidate was declared elected Chandigarh Mayor.
BJP&rsquo;s Manoj Sonkar was elected as Mayor on January 30 after he bagged 16 votes against the 12 votes received by the Congress-AAP candidate Kumar.
(With inputs from agencies)&nbsp;

A bench of Justices B V Nagarathna and Ujjal Bhuyan said the reasons cited by the 11 convicts in their application have no merits.
 

SC denies Bilkis Bano rapists more time to surrender

A bench of Justices B V Nagarathna and Ujjal Bhuyan said the reasons cited by the 11 convicts in their application have no merits.

A bench of Justices B V Nagarathna and Ujjal Bhuyan said the reasons cited by the 11 convicts in their application have no merits.
&nbsp;

The Supreme Court on Friday dismissed a plea by 11 convicts in the case of gangrape of Bilkis Bano and the murder of seven of her family members during the 2002 riots in Gujarat seeking an extension of time to surrender.
A bench of Justices B V Nagarathna and Ujjal Bhuyan said the reasons cited by the convicts have no merits.
"We have heard senior counsel and counsel for the applicants and the counsel for the non-applicants also. The reasons cited by applicants to seek postponement of surrender and report back to jail have no merit inasmuch as those reasons in no way prevent them from complying with our directions. Hence the miscellaneous applications are dismissed," the bench said.
The top court on January 8 had quashed the Gujarat government's decision to grant remission to 11 convicts in the case, saying the orders were "stereotyped" and passed without application of mind.&nbsp;
It had asked the convicts to surrender before jail authorities by January 21.
The 11 convicts were sentenced to life in prison for gangrape and multiple counts of murder during the Godhra riots. The Gujarat government granted remission of sentences to all of them in August 2022 after they served just 14 years in jail.
The Bench of Justices B V Nagarathna and Ujjal Bhuyan ruled that the Gujarat government was not the competent authority to grant remission since the trial was held in Maharashtra.
&nbsp;

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