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
March 30,2020

New Delhi, Mar 30: The government on Monday said there was no plan to extend the 21-day lockdown which came intro force on Tuesday midnight.

The Press Information Bureau (PIB) of the Ministry of Information and Broadcasting tweeted, saying Cabinet Secretary Rajiv Gauba has denied media reports claiming that the government will extend the lockdown.

"There are rumours & media reports, claiming that the Government will extend the #Lockdown21 when it expires. The Cabinet Secretary has denied these reports, and stated that they are baseless," it said.

The 21-day lockdown is aimed at checking the spread of the coronavirus.

Following the lockdown, there has been a massive exodus of migrant workers from big cities to their villages after being rendered jobless.

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News Network
July 5,2020

New Delhi, Jul 5: With highest-ever single-day spike of 24,850 COVID-19 cases in 24 hours, India's coronavirus count stood at 6,73,165, informed the Union Ministry of Health and Family Welfare on Sunday.

Out of the total cases, 2,44,814 are active cases. On the other hand, India's cured/discharged patients count crossed the 4 lakh mark with 4,09,082 patients cured/discharged and one patient migrated.

As many as 613 deaths due to coronavirus were reported in the country in the last 24 hours taking the death toll in the country to 19,268.

Meanwhile, the ministry said that collective and focused efforts for containment and management of COVID-19 by the government of India along with the States/UTs have led to the number of recovered cases among COVID-19 patients rise to 4,09,082 as of today.

"During the last 24 hours, a total of 14,856 COVID-19 patients have been cured. So far, there are 1,64,268 more recovered patients than COVID-19 active cases. This takes the national recovery rate amongst COVID-19 patients to 60.77 per cent," the ministry said.

"With 786 labs in government sector and 314 private labs, there are as many as 1,100 labs in India," it added.

As per the Health Ministry, coronavirus cases in Maharashtra -- the worst affected state from the infection -- has breached the 2 lakh mark with 2,00,064 cases including 8,671 deaths.

Tamil Nadu reported 4,150 fresh COVID-19 cases and 60 deaths today, taking total cases to 1,11,151 and death toll to 1,510. Number of active cases stands at 46,860, according to the State Health Department.

Delhi's coronavirus tally nears the 1 lakh mark with 99,444 cases and the number of people succumbing to the virus stands at 3,067 in the national capital. As many as 9,873 RT-PCR tests and 13,263 rapid antigen tests were conducted today in Delhi. Total tests done so far stands at 6,43,504.

Meanwhile, Indian Council of Medical Research informed that the total number of samples tested up to July 4 is 97,89,066 of which 2,48,934 samples were tested yesterday.

There were seven new COVID-19 cases in the last 24 hours in Chandigarh, taking total cases to 466 including 395 recoveries and six deaths.
Himachal Pradesh Health Department informed that COVID-19 cases reach 1,048 in the state, of which, 309 cases are active and 715 have recovered.

Andhra Pradesh has reported 998 new COVID-19 cases and 14 deaths in the last 24 hours, according to a media bulletin released by AP state COVID nodal officer.

A total of 1,155 COVID-19 cases were reported in the last 24 hours in Uttar Pradesh on Sunday, taking the total number of active cases to 8,161 in the state, an official said. According to the official data, a total of 18,761 people have been cured while 785 people have died due to the virus in the state.

Eighteen more personnel of Indo-Tibetan Border Police (ITBP) tested positive for COVID-19 in the last 24 hours. There are total 151 active cases and 270 have recovered till date.

While, in the last 24 hours, 36 more Border Security Force (BSF) personnel tested positive for COVID-19 and 33 have recovered. There are 526 active cases and 817 personnel have recovered till date.

In Rajasthan, 224 fresh COVID-19 positive cases and 6 deaths were reported today. The total number of cases rose to 19,756 including 3,640 active cases and 453 deaths.

Odisha reported 469 new COVID19 positive cases in the last 24 hours, taking the total number of positive cases in the state to 9,070 including 5,934 recovered cases and 3,090 active cases, according to the health department.

Uttarakhand reported 31 new COVID-19 cases in the last 24 hours, taking total cases to 3,124. Recovery rate among COVID-19 patients stands at 80.79 per cent.

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News Network
January 14,2020

New Delhi, Jan 14: The curative petitions of Vinay Sharma and Mukesh, who were sentenced to death in the Nirbhaya gang rape and murder case, was on Tuesday rejected by a five-judge Supreme Court Bench led by Justice N.V. Ramana.

In a three-page order, the Bench concluded, after an in chamber consideration that began about 1.45 p.m., that there was no merit in their pleas to spare them from the gallows.

“We have gone through the curative petitions and relevant documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra versus Ashok Hurra. Hence, the curative petitions are dismissed,” the court held.

Curative is a rare remedy devised by a Constitution Bench of the Supreme Court in its judgment in the Rupa Ashok Hurra case in 2002. A party can take only two limited grounds in a curative petition - one, he was not heard by the court before the adverse judgment was passed, and two, the judge was biased. A curative plea, which follows the dismissal of review petition, is the last legal avenue open for convicts in the Supreme Court. Sharma was the first among the four convicts to file a curative.

The Bench also rejected their pleas to stay the execution of their death sentence and for oral hearing in open court.

Besides Justice Ramana, the Bench comprised Arun Mishra, Rohinton Nariman, R. Banumathi and Ashok Bhushan.

Curative petitions were filed in the Supreme Court by both convicts on January 9. The petitions had come just days after a Delhi sessions court schedulled the execution of all the four convicts in Tihar jail on January 22.

Sharma and Mukesh, in separate curative petitions, argued that there was a “sea change” in the death penalty jurisprudence since their convictions. Carrying out the death sentence on such changed circumstances would be a “gross miscarriage of justice”.

In his plea, Sharma said the Court had commuted the death penalty in several rape and murder cases since 2017, when it first confirmed the death penalty to the Nirbhaya convicts.

“fter the pronouncement of judgment in 2017, there have been as many as 17 cases involving rape and murder in which various three-judge Benches of the Supreme Court have commuted the sentence of death,” the petition contended.

The Supreme Court recently dismissed a review petition filed by Akshay Singh, another of the four four condemned men, to review its May 5, 2017 judgment confirming the death penalty. It also refused his plea to grant him three weeks' time to file a mercy petition before the President of India.

A Bench led by Justice R. Banumathi had said it was open for the Nirbhaya case convicts to avail whatever time the law prescribes for the purpose of filing a mercy plea.

Akshay (33), Mukesh (30), Pawan Gupta (23) and Sharma (24) had brutally gang-raped a 23-year-old paramedical student in a moving bus on the intervening night of December 16-17, 2012. She died of her injuries a few days later.

The case shocked the nation and led to the tightening of anti-rape laws. Rape, especially gang rape, is now a capital crime.

One of the accused in the case, Ram Singh, allegedly committed suicide in the Tihar jail. A juvenile, who was among the accused, was convicted by a juvenile justice board. He was released from a reformation home after serving a three-year term.

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