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
April 16,2020

United Nations, Apr 16: WHO chief Tedros Adhanom Ghebreyesus has welcomed the world health body's cooperation with India to leverage strategies that helped the country win its war against polio into the response to COVID-19 outbreak, saying such joint efforts will help defeat the pandemic.

The World Health Organization (WHO) has said it will work with India's Ministry of Health and Family Welfare to leverage the strategies that helped the country eradicate polio to fight the pandemic.

Migrants who returned to UP and Bihar were hurriedly housed in schools and panchayat buildings, which were turned into quarantine centres. However, unhygienic conditions and people running away have proved to be a problem

The WHO's national polio surveillance network will be engaged to strengthen COVID-19 surveillance and its field staff will continue to support immunization and elimination of tuberculosis and other diseases.

“Great news: @MoHFW_INDIA & @WHOSEARO initiated a systematic engagement of @WHO's national polio surveillance network, and other field staff, for India's #COVID19 response, tapping into the best practices & resources that helped win its war against polio,” the WHO director-general tweeted, referring to India's Ministry of Health and Family Welfare and World Health Organization Regional Office for South-East Asia.

According to the Johns Hopkins University data, over 2 million people are infected by the virus and more than 136,000 people have died of the disease globally.

Ghebreyesus expressed gratitude to Health and Family Welfare Minister Harsh Vardhan “for his leadership and collaboration” with WHO. “Through these joint efforts we can defeat the #coronavirus and save lives. Together!”

India eliminated polio in 2014.
According to a WHO press release, Vardhan said in New Delhi that “time and again the Government of India and WHO together have shown our ability, competence and prowess to the whole world. With our combined meticulous work, done with full sincerity and dedication, we were able to get rid of polio.”

“All of you in the field – IDSP (Integrated Disease Surveillance Project), state rapid response teams and WHO - are our ‘surveillance corona warriors'. With your joint efforts we can defeat the coronavirus and save lives,” Vardhan added.

WHO South-East Asia Regional Director Poonam Khetrapal Singh said the National Polio Surveillance Project (WHO-NPSP) played a critical role in strengthening surveillance for polio that generated useful, timely and accurate data to guide policies, strategies and interventions until transmission of the poliovirus was interrupted in the country,” adding that the other WHO field staff involved with elimination of tuberculosis and neglected tropical diseases and hypertension control initiative were also significant resources.

Singh added that “it is now time to use all your experience, knowledge and skills, with the same rigor and discipline that you showed while monitoring polio activities, to support districts with surveillance, contact tracing and containment activities.”

The WHO release said strengths of the NPSP team – surveillance, data management, monitoring and supervision, and responding to local situations and challenges – will be utilized to supplement efforts of National Centre for Disease Control, IDSP and Indian Council of Medical Research to strengthen COVID-19 surveillance.

The NPSP team will also support in sharing information and best practices and help states and districts calibrate their response based on transmission scenarios and local capacities.

The WHO field staff will continue to support immunization and surveillance and elimination of Tuberculosis and Neglected Tropical Diseases, Singh said, adding, “disease outbreaks can negatively impact progress in a range of areas, from maternal and child mortality to vaccine-preventable diseases and other treatable conditions. India had been making stupendous progress in these areas and we cannot afford for India's remarkable progress to be set back or reversed.”

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News Network
March 12,2020

New Delhi, Mar 12: The Supreme Court told the Uttar Pradesh government on Thursday that as of now, there was no law that could back their action of putting up roadside posters of those accused of vandalism during anti-CAA protests in Lucknow.

An apex court bench refused to stay the March 9 Allahabad High Court order directing the Yogi Adityanath administration to remove the posters.

The top court, which grilled the Uttar Pradesh government for putting up such posters in public, described the plea as a matter that needed "further elaboration and consideration".

A vacation bench of justices U U Lalit and Aniruddha Bose said a "bench of sufficient strength" would consider next week the Uttar Pradesh government's appeal against the Allahabad High Court order directing the state administration to remove the posters of those accused of vandalism during anti-CAA protests.

It directed the apex court registry to put up the case file before Chief Justice of India (CJI) S A Bobde so that a "bench of sufficient strength can be constituted at the earliest to hear and consider" the case next week.

During the hearing, the bench told Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, that it was a matter of "great importance".

It asked Mehta whether the state government had the power to put up such posters.

The top court, however, said there was no doubt that action should be taken against rioters and they should be punished.

Mehta told the court that the posters were put up as a "deterrent" and the hoardings only said that these persons were liable to pay for their alleged acts during the violence.

Senior advocate A M Singhvi, appearing for former IPS officer S R Darapuri whose poster has also been affixed in Lucknow, told the bench that the state was duty-bound to show the authority of law backing its action.

He said the action of the Uttar Pradesh government amounted to a "mega blanket" approach of naming and shaming these persons without final adjudication and it was an open invitation to common men to lynch them as the posters also had their addresses and photographs.

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News Network
April 24,2020

Kochi, Apr 24: The central government on Thursday submitted a statement in the Kerala High Court on the three petitions challenging the contract between Kerala government and US-based data analytics company Sprinklr.

Assistant Solicitor General P Vijayakumar filed the statement on behalf of the central government, which is the second respondent in the case.

The statement said that the contract between the Kerala government and Sprinklr dilutes the rights of the people. It stated the contract does not specify the amount of compensation that individuals should receive in case of breach of privacy or misuse of information.

It also said that it was not clear whether the information was collected and handed over to the data analytics firm with full consent of the patients (suspected and otherwise).

''It is always preferable to utilise the services available in the government sector for sharing sensitive data required for analytical purposes.

The Government of India has introduced the 'Aarogya Setu' application for collection of health data and about seven crore Indian citizens have already downloaded the same. All the state governments are advised to promote the said application for fighting the pandemic," the statement said.

It was further submitted that the "Government of India with the support of NIC is capable of providing all the requirements relating to data storage, processing and application which are being offered the third respondent, if a request to that effect comes from the state government."

Kerala Congress leader Ramesh Chennithala and BJP state president K Surendran had earlier approached the Kerala High Court seeking cancellation of the state government's agreement with Sprinklr for processing of data related to COVID-19 patients.

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