'You invented new law': SC dismayed over MP HC refusing bail
New Delhi (PTI): The Supreme Court has expressed anguish over an order of the Madhya Pradesh High Court which held a convict's plea for the suspension of sentence could be allowed only when they had served half of their sentence.
A bench of Justices Abhay S Oka and Ujjal Bhuyan granted bail to a man and said a convict should be granted bail if there was no chance of appeal against conviction being heard in near future in high courts due to huge pendency of cases.
"We are surprised that the high court invented a new proposition of law that has no basis," the bench said on April 17.
The top court said the high court should have applied the law as it exists and the petitioner should not have been forced to move before it for bail.
The high court order said, "In view of the fact that tainted currency notes have been recovered from the pocket of pant of the appellant and there is no explanation for the same, no case is made out for grant of suspension of sentence and grant of bail
It added, "Second application has been filed... just less than two months of rejection of first application. Accordingly, it is clarified that appellant may revive his prayer for suspension of sentence after undergoing half of the jail sentence including remission."
The apex court also took exception to trial courts and high courts denying bail to the accused in cases involving ordinary violation of law despite its several rulings.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
What is a ‘substantive motion’? BJP MP initiated one against Rahul Gandhi? Full details here
New Delhi: Bharatiya Janata Party (BJP) MP Nishikant Dubey on Thursday said he has initiated a substantive motion against Leader of Opposition in the Lok Sabha Rahul Gandhi, alleging that he was “hand in glove” with “anti-national” forces.
After Dubey raised the matter during the zero hour in the house, protests ensued leading to adjournment for the day.
In his notice, Dubey accused Rahul Gandhi of having engaged with the Soros Foundation, the Ford Foundation, and USAID, and had travelled to Thailand, Cambodia, Vietnam, and the United States to carry out “anti-India” activities.
Speaking to the presspersons outside Parliament, Dubey said he had demanded cancellation of Gandhi’s membership and sought that he be banned from contesting elections for life time.
Dubey had earlier, in February 2025, filed a privilege motion against Rahul Gandhi accusing him of distorting facts and attempting to undermine the prestige of the country through his speech in the Lok Sabha.
While Parliamentary Affairs Minister Kiren Rijiju had indicated that the government might move a privilege motion, but government sources on Thursday said no such decision had been taken.
Responding to the motion, Congress general secretary K. C. Venugopal stated that the Congress party was “not bothered about any motions.”
Venugopal criticised the removal of parts of Rahul Gandhi’s speech during the Lok Sabha debate on the India-U.S. interim trade deal, in which Gandhi had accused the government of compromising national interests.
He also defended the Congress’ move to submit a notice seeking the removal of the Lok Sabha Speaker, stating that the party had not been receiving justice from the Chair.
Responding to the BJP’s criticism, he asked what privilege Gandhi had violated and said that despite past action against him, voters had returned him to Parliament with a higher margin.
What is a substantive motion?
A substantive motion is a formal proposal brought before the Lok Sabha to get a clear and final decision from the House.
It is a complete proposal by itself and is not connected to any other matter being discussed. If the House approves it, the motion becomes the official opinion or decision of the Lok Sabha on that issue.
According to the Lok Sabha rules, such a motion can be taken up only if the Speaker allows it. The Speaker has full authority to accept or reject the proposal and also decides when and how it will be discussed.
If the Speaker admits the motion, members can debate it and then vote on it. In some cases, the matter may also be sent to a special committee to study the issue and submit a report.
A substantive motion forces the House to seriously consider a specific issue and take a clear stand. Since Rahul Gandhi is the Leader of the Opposition, which is a constitutional position, any action against him must follow a proper parliamentary process. A substantive motion provides that proper procedure.
