CJI Misra recommends Justice Gogoi as next chief justice

Agencies
September 4, 2018

New Delhi, Sept 4: Chief Justice of India (CJI) Dipak Misra on Tuesday sent a letter to the Central government recommending Justice Ranjan Gogoi as his successor.

Justice Gogoi will be sworn in as the next CJI on October 3, a day after Justice Misra's tenure ends.

The CJI has written to the Ministry of Law and Justice endorsing and recommending the name of Justice Gogoi, the senior-most judge, as the next CJI.

Highly placed sources had confirmed on September 1 that Justice Misra had decided to go by convention and recommend the name of Justice Gogoi, who is next in seniority to him, to succeed him.

Law Minister Ravi Shankar Prasad had recently asked Justice Misra to recommend his successor, setting in motion the process of a change of guard in the apex court.

Speculation over Justice Gogoi's appointment as the next CJI arose after the court's four most senior judges, including Justice Gogoi, called a press conference in January this year and criticised Justice Misra on various issues, especially the manner of allocation of cases to certain benches.

Justices J Chelameswar (since retired), Madan B Lokur and Kurian Joseph were among those who addressed the press conference, perhaps a first in the history of the Indian judiciary.

According to the Memorandum of Procedure, which governs the appointment of members of the higher judiciary, "appointment to the office of the Chief Justice of India should be of the senior-most judge of the Supreme Court considered fit to hold the office".

It stipulates that the law minister will, at an appropriate time, seek the recommendation of the outgoing chief justice of India for the appointment of the next CJI.

Under this process, after receiving the CJI's recommendation, the law minister puts it before the prime minister who advises the president on the matter.

"Whenever there is any doubt about the fitness of the senior-most Judge to hold the office of the Chief Justice of India, consultation with other Judges...would be made for appointment of the next Chief Justice of India," the document states.

Law Minister Prasad had recently said the government's intention on the appointment of the next chief justice of India should not be questioned. He had also said the executive will take a call when the incumbent names the senior-most judge of the Supreme Court as his successor as per convention.

Prasad was responding to a question at the Law Ministry's annual press conference on whether the government would follow laid-down conventions and procedures to appoint Justice Gogoi as the next chief justice when Justice Misra demits office.

"The question is imaginary...as far as the appointment of the Chief Justice of India is concerned, the convention is clear...the sitting chief justice names the senior-most judge (of the top court) as his successor. When the name comes to us, we will discuss it," he said.

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Agencies
August 6,2020

Ahmedabad, Aug 6: In a major incident, a fire broke out in a Covid-designated hospital in Ahmedabad killing eight coronavirus patients. The mishap occurred in the wee hours of Thursday.

All the victims were in the ICU ward, where the fire is said to have started. Officials said that they all died on the spot while 41 other patients were shifted to other hospitals following a rescue operation. One paramedic staff of the hospital who tried to douse the fire sustained burn injuries.  

Deputy Chief Minister Nitin Patel, who is also the health minister, said that primary information has revealed that fire was caused by the short circuit in the ICU ward where eight patients were under treatment. 

He said that 41 other patients were shifted to Sardar Vallabhbhai Patel hospital. The incident happened at Shrey Hospital in Navrangpura which is one of the Covid-19 designated hospitals. Over 300 patients have recovered at the hospital in the last two months.

Among the victims were five men and three women. They have been identified as Arif Mansuri, Narendra Shah, Manu Rami, Leelvati Shah, Navneet Shah, Jyoti Sindhi, Manu Rami and Ayesha Tirmizi  

Following the incident, Prime Minister Narendra Modi tweeted, "Saddened by the tragic hospital fire in Ahmedabad. Condolences to the bereaved families. May the injured recover soon. Spoke to CM @vijayrupanibjp Ji and Mayor
@ibijalpatel Ji regarding the situation. Administration is providing all possible assistance to the affected."

Soon after the tweet, Chief Minister Vijay Rupani ordered a probe into the matter to be conducted by Additional Chief Secretary (ACS), Home, Sangeeta Singh and ACS (Urban Development) Mukesh Puri. 

They have been asked to submit a report in three days. Meanwhile, the hospital building has been sealed for further investigation. 

The chief minister has ordered a report within three days.

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The wire
May 20,2020

Bhopal, May 20: Two months after Deepak Bundele, an advocate and former journalist, was brutally assaulted by the Madhya Pradesh’s Betul Police on March 23, an Assistant Sub-Inspector of Kotwali Police Station in Betul district, BS Patel, approached the victim to record his statement. However, he allegedly tried to convince Bundele to withdraw the case saying that the cops had mistaken him for a Muslim since he has a long beard and assaulted him. But, the cop added, they were ashamed of the incident after they came to know that they had beaten their ‘Hindu brother’.
Bundele was on his way to the government hospital for diabetes treatment, a day before the countrywide lockdown was announced, when the assault occurred. Miffed with the incident and after the district police denied to register the case, he wrote to the State Human Rights Commission; Chief Justice of Madhya Pradesh High Court; Chief Minister Shivraj Singh Chouhan; Vivek Johri, Director General of Police, Madhya Pradesh; and SP Betul to register an FIR against the police officials and take punitive action against them.
In the wake of COVID-19 pandemic outbreak, section 144 had been imposed in Betul district and public movement was restricted when the incident had occurred. 
Talking to Bundele, ASI Patel had said, “We seek an apology on behalf of those officials [who assaulted Bundele]. We are truly embarrassed because of the incident. If you want, I can bring those officials and make them apologise in person to you. They mistook you as a Muslim and assaulted you, since you had a long beard. And the man (who assaulted you) is a kattar (staunch) Hindu…In Hindu-Muslim riots whenever a Muslim is arrested, they beat them up brutally, always,” the police official can be heard saying in an audio recording shared by the victim.
In the 14 minutes long audio, he further said, “I request to you to withdraw the complaint. Please agree to our request; understand that we are living in Gandhi’s country; we are all Gandhi’s children…I have at least 50 friends from your caste.”
The cop continued, “All those people are ashamed that they did something like this to a Hindu brother without knowing his identity. We do not have any enmity against you. Whenever there is a Hindu-Muslim riot, police always supports the Hindus; even Muslims know this. But whatever happened with you was because of ignorance. For that, I have no words.” 
Refuting ASI Patel’s claim, Bundele claimed that there was no Hindu-Muslim riot that day, and asked whether he was beaten for being wrongly identified as a Muslim. The police officials agreed, and said: “Yes, exactly.”
“When I constantly declined to withdraw the compliant, he indirectly threatened me saying, ‘Agree to our request, else you and your advocate brother will face consequences’,” Bundele claimed. 
When contacted Betul SP DS Bhadoriya said, “I’m not aware of this audio clip. I will taken strict action, if I receive any such complain.”
Bundele said that he has written to the DGP and other senior police officials with details about the incident.   
THE ASSAULT
On March 23 evening, when Bundele was on his way to a hospital for the treatment, Betul Police allegedly thrashed him. The 32-year-old advocate had worked as a journalist for various dailies in Madhya Pradesh’s state capital for a decade. He moved to Betul in 2017 and started practising in the district court with his brother. “I have been a patient of diabetes and blood pressure for the last 15 years. On March 23, since I was not feeling well, I decided to visit the hospital and get some medicines. But I was stopped by the police midway,” Bundele had said. 
Even though the advocate, who sports a beard, said that he explained to police personnel that he had to get his medicines but one of them slapped him without trying to listen to what he was saying. “When I protested and said that police have no right to beat the public, they got anxious and within no time, many police officials came and started beating me up with sticks,” he added. 
"I need constant medication and lifesaving medicines to survive and I told the policemen everything while they were assaulting me. But, they kept hitting me, even after I fell,” he said, adding, "I bled for almost a 2-3 days after the incident.”
Bundele, sustained multiple injuries and his ear bled for almost two days after the incident, but, Betul police denied to file an FIR in the incident.
‘WILL MOVE TO THE HIGH COURT’
“Even after two months of the incident, no FIR has been registered and it seems that police is trying to sweep the matter under the carpet,” Bundele said, adding, “I have talked to the Supreme Court’s veteran advocate Vivek Tankha and Etasham Hashmi and will take this matter to the court.”
He also raised serious concerns about the communal angle of the incident, saying, “It’s a matter of grave concern that the police is turning communal and targeting a particular community.”

Source: https://www.google.com/amp/s/m.thewire.in/article/communalism/madhya-pr…

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Agencies
July 30,2020

Kochi, Jul 30: The Kerala High Court on Thursday refused to grant the extension for the stay of a 74-year-old US citizen, Johnny Paul Pierce, who had earlier said that he felt safer to remain in India than in the United States amid the COVID-19 pandemic.

The single-judge bench of Justice CS Dias, which considered the writ petition, observed that the grant or extension of visa to foreign nationals fall exclusively within the domain of the Government of India (GoI) and that judicial review in such matters is minimal.

The power of the GoI to expel foreigners is absolute and unlimited, the bench said.

"In view of the categoric declaration of law by the Supreme Court, the plea of the petitioner to permit him to stay back in India cannot be accepted, as it falls within the purview of the guidelines and the discretion of the Government of India," the order said.

"The petitioner cannot be heard that the guidelines/policies/regulations formulated by the Government of India, that an American national though has been granted a visa having validity of five years has to leave India within 180 days, is irrational or unreasonable," it added.

The High Court, which was hearing a plea to permit the US citizen to stay in India for a further period of six months, said that the petitioner does not have a case that there is an infraction of Article 21 of the Constitution of India.

"The petitioner was well aware of the visa conditions when he arrived in India, and it is too late in the day for him to raise a grievance on the visa conditions," the bench said noting that the petitioner's love for India was heartening.

The High Court also directed the Foreigners Registration Officer to consider the petitioner's representation within a period of two weeks in accordance with the applicable guidelines and policies.

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