CJI is master of roster, can allocate cases: SC

Agencies
July 6, 2018

New Delhi, Jul 6: The Supreme Court on Friday  maintained that the Chief Justice of India (CJI) is "the master of the roster" and has the prerogative and authority to allocate cases to different benches of the apex court.

A bench comprising justices A K Sikri and Ashok Bhushan in their separate concurring verdicts said the CJI occupies the role of "first among equals and is empowered to exercise leadership in administration of court" which includes assignment of cases.

The verdict came on a plea of former law minister Shanti Bhushan challenging the existing roster practice of allocation of cases in the apex court by the Chief Justice of India.

A five-judge constitution bench and a three-judge bench have already held that the CJI is the master of the roster.

In his verdict today, Justice Sikri said, "As far as the role of CJI as master of the roster is concerned, there is no dispute that he is the master of roster and has authority to allocate cases to different benches of the Supreme Court."

Concurring with Justice Sikri's opinion, Justice Bhushan said the CJI has the prerogative to allocate cases and nominate benches to hear them.

Justice Bhushan also said that there are rich conventions and practices of SC which are time-tested and should not be tinkered with.

Justice Sikri said that it would be difficult to accept the submission of the petitioner that the term Chief Justice of India under the Supreme Court Rules should be read as the collegium comprising five senior-most judges for allocating cases.

"The erosion of judiciary in the minds of people is greatest threat to judicial system," he said, adding that CJI, being the senior-most judge of the Supreme Court is the "spokesperson and leader of judiciary".

The bench said that no system is foolproof and there is always scope for improvement in functioning of judiciary.

In his PIL, Bhushan had alleged that "master of roster" cannot be an "unguided and unbridled" discretionary power, exercised arbitrarily by the CJI by hand-picking benches of select judges or by assigning cases to particular judges.

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Agencies
February 16,2020

Lucknow, Feb 16: Resident doctors at the AMU's Jawaharlal Nehru Hospital on Sunday demanded that the charges slapped against Dr Kafeel Khan under the National Security Act be withdrawn.

Dr Khan was arrested by the UP Special Task Force from Mumbai on January 29 in connection with a speech he had delivered during an anti-CAA protest at Aligarh Muslim University on December 12.

The Resident Doctors' Association (RDA) held a protest march on the hospital campus against the slapping of the NSA against the Gorakhpur doctor after he was granted bail in connection with the alleged hate speech.

RDA president Dr Hamza Malik said the move was a "blatant attempt to crush dissent and a violation of the Constitution of india".

He said by targeting the doctor, the UP government had done a great disservice to the entire medical community.

The AMU Students' Coordination Committee also described the decision to charge Dr Kafeel under the NSA a "direct assault" on a member of the medical fraternity who is "known for his upright behaviour and a champion of free speech".

Committee spokesperson and former AMU Students' Union president Faizul Hasan said by charging Dr Kafeel under the NSA even after he got bail was "a direct violation of a Supreme Court ruling on such issues".

Hasan said Dr Kafeel's fate should serve as an eye-opener for the rest of the country regarding the democratic rights in Uttar Pradesh.

The doctor was earlier arrested for his alleged role in the death of over 60 children within an week at the BRD Medical College in Gorakhpur in August 2017. Short supply of oxygen at the children's ward was blamed at that time for the deaths.

About two years later, a state government probe cleared Khan of all major charges, prompting him to seek an apology from the Yogi Adityanath government.

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Agencies
July 21,2020

The Retailers Association of India (RAI) has said that ad hoc lockdowns by state governments are impacting the businesses of already-stressed retailers, along with hurting the economic revival of the country.

In a statement, the body of the organised retail industry said that the long road to recovery for the Indian retail industry continues to meet stumbling blocks with numerous restrictions being imposed at the state and local levels.

"Total lockdowns in some places and limited operational hours and days in several others are creating setbacks for retailers as the already stressed retail businesses are getting further interrupted and in turn, dampening consumer sentiment," it said.

According to RAI, although the intentions are that of citizen safety and social distancing, the recent instances of local lockdowns and ad hoc restrictions being imposed in Uttar Pradesh, Maharashtra, Andhra Pradesh and Karnataka are having a distressing impact on retail businesses.

Retailers are already facing huge setbacks in terms of payment of wages and rentals due to very low sales of about 40 per cent as compared to last year, thanks to the extended lockdown, it said.

Contesting the restrictions on operating hours, Sandeep Kataria, CEO, Bata India said: "Restricted shopping time can lead to unnecessary overcrowding of stores, which is unfavourable towards the personal safety of both store staff and customers. Longer operational hours will support recovery for retailers as well as help adhering to social distancing norms."

Arvind Mediratta, MD and CEO, METRO Cash & Carry India said that these lockdowns will create severe inconvenience for all citizens as they also bar operations of food and grocery retail and wholesale stores.

Such hastily-implemented decisions by states undermine investor confidence and would come in the way of making the country "aatmanirbhar" or self-reliant, he said.

Voicing the concerns of retailers, the RAI has submitted representations to various state and local authorities that puts forth recommendations to get businesses and life of consumers on the track to recovery.

It has said that authorities should mandatorily allow essential shops including kiranas, general trade shops, supermarkets, hypermarkets and wholesalers to operate every day of the week until 9 p.m. to cater to the daily needs of the customers.

It has also sought ensuring uniform and regular opening of all categories of retail for full working hours while following stringent hygiene practices and adhering to social distancing norms. This will help avoid overcrowding outside stores as demand will get distributed over all days of the week, it said.

The industry body has also asked the local authorities to open malls in all states. Malls can ensure a safe shopping experience wherein safety measures are taken by both, the mall authorities and the retailers, it said.

Kumar Rajagopalan, CEO, RAI, said: "The need of the hour is concerted efforts by all stakeholders. While retailers are doing their bit by following stringent hygiene practices, the policymakers too need to support to ensure economic revival across the country. Consumption is important for the country and supports the business environment."

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Agencies
January 11,2020

New Delhi, Jan 11: Chief Minister of Kerala Pinarayi Vijayan on Saturday met JNU Students' Union (JNUSU) President Aishe Ghosh here at Kerala House on Saturday.

This meeting comes at the backdrop masked mob violence by miscreants who entered the university campus recently and attacked the students and professors with sticks and rods.

"I thank the Kerela government for standing by us and extending solidarity. Its fight Citizenship Amendment Act (CAA) shows how standing is standing for its secular ethos. Students Union takes the inspiration from this struggle," said Students' Union President in a statement after meeting Kerala CM.

She also thanked "the youth and comrades of Kerela" and quoted Pinarayi as saying, "go on we will take this fight ahead."

More than 30 students, including Ghosh, were taken to the AIIMS Trauma Centre.

The Delhi Police Crime Branch investigating the case of violence in JNU had identified and released photographs of nine suspects, including that of Aishe Ghosh.

Earlier on Monday, Kerala CM had said that the "Nazi-style attack" on the students and faculty is an appalling display of intolerance running amok.

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