CJI sets up 5-judge constitution bench to hear major issues

Agencies
January 16, 2018

New Delhi, Jan 16: Amid a virtual rift between the Chief Justice Dipak Misra and four senior-most judges over assignment of important cases, the Supreme Court on Monday announced the composition of a 5-judge constitution bench headed by the CJI, which does not include them.

None of the four judges — Justices J Chelameswar, Ranjan Gogoi, M B Lokur and Kurian Joseph, feature in the list of members of the 5-judge constitution bench.

As per official information, the 5-judge bench, comprising Chief Justice Dipak Misra, Justice A K Sikri, Justice A M Khanwilkar, Justice D Y Chandrachud and Justice Ashok Bhushan, will commence the hearing on a range of crucial matters from January 17.

Meanwhile, court sources said it was not confirmed whether the CJI on Monday met the four judges who had hurled accusations against him at their controversial press conference on January 12.

As per the list of business for Tuesday, the 5-judge bench will hear major cases such as those challenging the constitutional validity of the Aadhaar Act and its 2013 judgment re-criminalising gay sex between consenting adults.

The same combination of judges had last year heard various constitution bench matters from October 10, including the power tussle between the Centre and the Delhi government over administrative jurisdiction and a matter relating to passive euthanasia.

This bench would also hear the contentious issue of the ban on the entry of women between 10 and 50 years of age in Kerala's Sabarimala temple and resume hearing a legal query on whether a Parsi woman would lose her religious identity if she marries a man from a different religion.

Another contentious matter relates to the challenge to the validity of a penal law on adultery, which only punishes a married man for having an extra-marital sexual relationship with a woman married to someone else.

The other issues to be dealt with by constitution bench include the pleas, which have raised a question as to when will a lawmaker, facing criminal trial, stand disqualified.

All these matters were earlier referred to larger benches for adjudication by different benches of the apex court.

The daily list of business for tomorrow shows that the two PILs seeking probe into Loya's death are listed before a bench headed by Justice Arun Mishra, against whom aspersions were cast by a senior advocate in public.

In their unprecedented press conference on Friday, the four senior judges of the apex court had mounted a virtual revolt against the CJI, listing a litany of problems, including the assignment of cases. They had also raised questions over listing of PILs concerning Loya's death.

An office bearer of the Supreme Court Bar Association (SCBA) said a copy of their resolution was submitted by its president Vikas Singh to the CJI yesterday, but have not heard anything from the top court as yet.

Singh had expressed hope that all judges of the apex court would consider the SCBA resolution seeking a full court discussion to defuse the crisis plaguing the higher judiciary.

The SCBA, at an emergency meeting on Saturday, had passed the resolution expressing grave concern over the differences of four senior-most judges with the CJI.

It had said that all public interest litigation (PIL) matters, including the pending PILs, should be either taken up by the CJI or be assigned for adjudication to four senior judges who are part of the apex court collegium.

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s
 - 
Tuesday, 16 Jan 2018

what about triple talaq that also looks like handiwork of BJP/RSS

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News Network
February 11,2020

New Delhi, Feb 11: As the counting of votes for the Delhi Assembly polls began, Congress leader Digvijaya Singh on Tuesday raised doubts on EVMs, alleging that no machine having a chip is tamper-proof.

He called upon the Election Commission and the Supreme Court to take a fresh look at the use of EVMs in the country.

"No machine (which) has a chip is tamper-proof. Also please do for a moment think, why no developed country uses EVM," Singh said in a tweet.

"Would CEC and Hon Supreme Court please have a fresh look on EVM voting in India? We are the largest democracy in the world, we can't allow some unscrupulous people to hack results and steal the mandate of 1.3 billion people.

"If they match the votes in the counting unit. Declare the result. If they don't match then count the ballots of all polling booths in the assembly. It would convince everyone and save time also as this has been the consistent argument of CEC in favour of EVM," the Congress leader said.

Polling for the 70-member Delhi Assembly polls was held on Saturday.

The Election Commission on Sunday announced that the final voter turnout was 62.59 per cent, five per cent less than 2015.

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Agencies
February 7,2020

Thiruvananthapuram, Feb 7: Kerala Finance Minister T M Thomas Isaac on Friday began presenting the fifth budget of the CPI(M)-led LDF government for the 2020-21 fiscal by making remarks against the Citizenship Amendment Act and the unanimous resolution passed by the state assembly against it.

Stating the amended act was posing a threat to the basic credentials of the Constitution, he said the country was witnessing the biggest protests ever in the post-Independence era.

Students and women are at the forefront of the anti- CAA agitations and the hope of the country lies in the youth who hit the streets vowing they would not let the country down, he said.

Coming down heavily on the BJP-led NDA government at the Centre, Isaac said a communalised government machinery, leaders who talk only about "disgust and hatred" and their party workers who consider violence as their duty was the current reality in the country.

"Generally speaking, it is the present India...The concerns triggered by Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC) are beyond words. The fear of detention centres are hanging above the head of over 19 lakh people of Assam who have lived as Indians till yesterday," he said.

Quoting from a poem 'Fear' by a 15-year old boy from Wayanad Dhruvath Gautham who wrote 'fear is country and silence is an ornament!,' Isaac said "even the imagination of our children is now filled with fear".

Referring to the stringent opposition raised by the Left government in the state against the CAA and NRC, the finance minister lavished praise on the joint protests led by the ruling LDF and opposition UDF against the central act.

Setting aside political differences, the rival fronts in the state had joined hands to protest when the country had faced existential threat which had become a model for other states, he said.

When Chief Minister Pinarayi Vijayan and Leader of the Opposition Ramesh Chennithala jointly protested at the same venue against CAA, Kerala became a model to other states, the senior leader added.

The state showcased the same unity while passing a resolution requesting the centre to repeal the CAA and filing a suit in the apex court against this under the Article 130, he said.

"The country's economy is heading towards a severe economic crisis like that witnessed in 2009," he said.

Earlier, the references to anti-CAA protests had found a place in the Pinarayi Vijayan government's policy address also.

While presenting the policy address in the House, Governor Arif Mohammed Khan had read out references to anti- CAA resolution passed by the house, despite disagreeing with it.

Reading out the the anti-CAA stand of the state government, the Governor said "our citizenship can never be on the basis of religion as this goes against the grain of secularism which is part of the basic structure of our constitution.

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Agencies
January 5,2020

New Delhi, Jan 5: A masked mob on Sunday entered the Sabarmati Hostel on the Jawaharlal Nehru University (JNU) campus and assaulted several students and professors with sticks and rods.

"I have been brutally attacked by goons wearing masks. I am bleeding. I was brutally beaten up," JNU Students' Union (JNUSU) president Aishe Ghosh told reporters.

She has been admitted to the AIIMS here for treatment.

Several other students were also injured in the incident.

In a video of the incident, a group of goons with their faces covered can be seen assaulting students with wooden sticks and rods.

A tweet from the official handle of the JNUSU said, "Sabarmati Hostel: right now. They are beating the students who are inside. Knocking on doors with rods. People are jumping from balconies. #SOSJNU #EmergencyinJNU."

"Professors who were trying to protect us have been beaten up. These are unknown ABVP goons, not all are students, they have covered their faces, and they are moving towards the hotels near the West Gate. Stay alert. Make human chains. Protect each other. #SOSJNU #EmergencyinJNU," another tweet added.

Meanwhile, the ABVP's JNU unit claimed in a tweet: "Emergency in JNU. Leftist goons of JNU accompained with their cadre from other universities have crossed every limit. They have proceeded with unimaginable violence on ABVP activists of JNU."

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