New Delhi (PTI): Justice Bela M Trivedi, who was the eleventh woman judge to be elevated to the Supreme Court in its 75-year-old history on Friday demitted office after spending three-and-a-half years on the bench.

Justice Trivedi, who had the rare distinction of being elevated to the top court after starting out as a trial court judge in Gujarat in July 1995, was part of the top court's several landmark judgements.

"It was a happy coincidence that her father was already working as the judge, city civil and sessions court when she was appointed. The Limca Book of Indian records has recorded the entry in their 1996 edition that 'Father - daughter judges in the same court'," Justice Trivedi's profile on the apex court website said.

She was elevated as a judge of the apex court on August 31, 2021 when a record nine new judges, including three women, were administered oath of office.

On Friday, Justice Trivedi sat in the ceremonial bench headed by Chief Justice B R Gavai as a tradition marking the exit of a top court judge.

She was part of a five-judge Constitution bench, which by a 3:2 majority, in November 2022 upheld 10 per cent reservation introduced in 2019 for economically weaker sections in admissions and government jobs that excluded the poor among the SC/ST/OBC categories.

A seven-judge Constitution bench, which Justice Trivedi was part of, in August 2024 by a 6:1 majority held that states are constitutionally empowered to make sub-classifications within the Scheduled Castes, which form a socially heterogeneous class, for granting reservation for the uplift of castes that are socially and educationally more backward among them.

Justice Trivedi, in her 85-page dissenting verdict, said it is only Parliament which can include a caste in the SC list or exclude it, and states are not empowered to tinker with it.

A bench comprising Justice Trivedi in November 2021 said touching genitals of a child or any act involving physical contact with "sexual intent" amounts to sexual assault under Section 7 of the POCSO Act as the most important ingredient is sexual intent and not skin-to-skin contact.

It quashed the controversial "skin-to-skin" judgements of the Bombay High Court in two cases under the POCSO Act.

Justice Trivedi penned a verdict holding that the moratorium imposed under the Insolvency and Bankruptcy Code does not prohibit the attachment of properties under the Maharashtra Protection of Interest of Depositors Act.

A bench headed by Justice Trivedi on May 15 paved way for a Uttar Pradesh government scheme to develop the Shri Banke Bihari Temple corridor in Mathura for the benefit of scores of devotees.

Born on June 10, 1960 at Patan in north Gujarat, she practised as a lawyer in the Gujarat High Court for about 10 years.

She was appointed as a judge, city civil and sessions court at Ahmedabad, on July 10, 1995.

She had worked on different posts like registrar vigilance in the high court and law secretary in the Government of Gujarat.

She was elevated as a judge of the Gujarat High Court on February 17, 2011.

Justice Trivedi was transferred to the Rajasthan High Court where she worked since June 2011 till she was repatriated to the parent high court in February 2016.

 

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Panaji (PTI): A court in North Goa on Wednesday remanded Gaurav and Saurabh Luthra, co-owners of the ‘Birch by Romeo Lane’ nightclub, in police custody for five days.

The brothers, brought to Goa from Delhi after being deported from Thailand in connection with the December 6 blaze that killed 25, were produced in the court after undergoing health check-ups twice at the District Hospital in North Goa.

Judicial Magistrate First Class Mapusa Puja Sardesai remanded the two brothers in police custody for five days.

Advocate Vishnu Joshi, representing Bhavana Joshi who lost four family members in the tragedy, said that the accused were asking for “special consideration” claiming poor health.

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“We said they should not be given any extra relaxation,” he said, adding that the court has taken cognisance of the fact that this is about the death of “25 people in the form of mass genocide”.

“But since they kept pressing for medical check-up, the court ordered reexamination of their health. It is clear in the medical examination that they don’t require any consideration. The accused sought special considerations in the lock-up like a good mattress, which the court refused,” said Joshi.

A team of the Goa Police, along with the Luthra brothers, arrived at the Manohar International Airport, Mopa, in North Goa at 10.45 am.

The duo was initially taken to a Primary Health Centre at Siolim for medical examination. They were then taken to the District Hospital at Mapusa.

After their health assessment, the two were brought to the court.

The court directed that the accused be sent for fresh medical examination. Accordingly, the two were again taken to the District Hospital.

Later, they were produced before Judge Sardesai, who ordered the five-day police custody of the accused.

After the fire tragedy at Arpora village, the Anjuna police had registered a case against the Luthra brothers on various charges, including culpable homicide not amounting to murder.

The brothers were arrested in Delhi on Tuesday after being deported from Thailand. A court there allowed the Goa Police their two-day transit remand.

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The duo had fled to Phuket in Thailand early on December 7, hours after the fire at their nightclub, prompting the authorities to issue an Interpol Blue Corner Notice and cancel their passports.

They were detained by Thai authorities at Phuket on December 11 following a request from the Indian government, which later coordinated with officials in Thailand to deport them under legal treaties between the two nations.

Five managers and staff members have already been arrested by the Goa Police in connection with the fire.