BCI lashes out at Chelameswar after his retirement

Agencies
June 25, 2018

New Delhi, Jun 25: The Bar Council of India (BCI) has lashed out against Justice J Chelameswar for his "controversial" and "irrelevant" statements in the media, three days after his retirement as a Supreme Court Judge, saying such comments are liable to be "deprecated" and "cannot be tolerated" by lawyers.

Justice Chelameswar, who demitted office on June 22, had disapproved of the Centre's decision not to elevate Justice K M Joseph to the Supreme Court, terming the action as "not sustainable".

The judge, who had held an unprecedented presser along with three other senior Supreme Court judges in January to highlight the litany of allegations including discrimination in allocation of cases to benches, had also said that the credibility of the highest judiciary was "occasionally" in danger.

Efforts to reach Justice Chelameswar for his comments did not frucitify.

In a statement, BCI Chairman Manan Kumar Mishra has criticised the statements of Justice Chelameswar after he demitted the office, and said it was not expected from a person who had held a high post and went against its dignity.

"Self-restraint by the judges of the highest court seems to be a forgotten virtue. They have to prevent themselves from issuing statements without giving any thought to the consequences such statements could entail.

"The manner in which Justice Chelameswar went to the media and gave controversial and irrelevant statements immediately upon retirement, was not expected of a person holding such a high post and was in fact against the dignity of the post he had held.

"Such statements and comments are liable to be deprecated. Such statements cannot be tolerated, accepted or digested by the advocates including the rest of the countrymen," the statement, also signed by four other office-bearers of BCI, said.

The statement said the judge had used a "controversial" word "bench fixing" and pointed out that there were instances in which "a handful of lawyers" had filed matters and mentioned it before him and tried to get it listed.

The BCI said the judge should have raised an objection at that time but did not do so.

The statement said Justice Chelameswar "has resorted to usage of such controversial words like 'bench fixing'. Now if a handful of lawyers of the highest court filed matter/s and mentioned it before (him) and other chosen judges, and tried to get it listed, then that would have been bench fixing. Such instances have been repeated not once but on two-three occasions."

Justice Chelameswar "should have raised an objection at that point of time", but had not done so and "in fact accepted and agreed to hear certain matters himself which led to the beginning of a wrong practice," the BCI alleged.

It also alleged that “the fact that Justice Chelameswar met CPI leader and Rajya Sabha MP D Raja immediately after his press conference, clearly deciphers the mystery and the motive behind the controversial statements being issued" by him, the BCI said.

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News Network
March 6,2020

New Delhi, Mar 6: Justice S Muralidhar Thursday cleared the air over the controversy on his transfer from the Delhi High Court to Punjab and Haryana High Court, saying he had replied to Chief Justice of India S A Bobde's communication that he was fine with the proposal and had no objection to it.

The controversy erupted after the Centre issued Justice Muralidhar's transfer notification close to mid night of February 26 -- the day a bench headed by him had pulled up Delhi Police for failing to register FIRs against three BJP leaders for their alleged hate speeches which purportedly led to the recent violence in northeast Delhi.

Justice Muralidhar (58), who received a grand farewell on Thursday from a huge gathering including judges and lawyers amid big rounds of applause, said he wanted to clear the confusion on his transfer and narrated the sequence of events from the time he received CJI's communication till February 26.

The Supreme Court collegium, headed by the CJI, had in a meeting on February 12 recommended the transfer of Justice Muralidhar to Punjab and Haryana High Court.

Justice Muralidhar was number three in the Delhi High Court, his parent high court as a judge.

Explaining the transfer process, he said the 5-member collegium sends to the Centre a recommendation that a judge of a high court should be transferred to another high court. The judge concerned is not at this stage under orders of transfers. That happens only when the collegium's recommendation fructifies into a notification.

“In my case, the collegium's decision was communicated to me by the CJI on February 17 by a letter which sought my response. I acknowledged receipt of the letter, I was then asked to clarify what I meant. As I saw it, if I was to be transferred from the Delhi High Court any way, I was fine with moving to the Punjab and Haryana High Court.

“I therefore clarified to the CJI that I did not object to the proposal. An explanation for my transfer reached the press...on February 20 quoting 'sources in the Supreme Court collegium', confirming what has been indicated to me a couple of days earlier,” he said.

The CJI's letter dated February 14 was delivered to Justice Muralidhar on February 17, the day when the family's pet labrador Sakhi breathed her last.

He said February 26 was perhaps the longest working day of his life as a judge of the Delhi High Court, where he has spent 14 years on the bench.

He said it began at 12:30 am with a sitting at his residence with Justice A J Bhambhani, under the orders of Justice G S Sistani, to deal with a PIL filed by Rahul Roy seeking safe passage of ambulances carrying the injured riot victims.

“When I received a call at my residence from the lawyer for the petitioner, I first called Justice Sistani to ask what should be done, knowing that the Chief Justice (CJ) was on leave. Justice Sistani explained that he too was officially on leave the whole of February 26 and that I should take up the matter.

“This fact is stated in the order passed by the bench after the hearing. Later that day, upon urgent mentioning, as the de facto CJ's bench, Justice Talwant Singh and I took up another fresh PIL on the CJ's board seeking registration of FIRs for hate speeches. After the orders passed on that day, the above two PILs remained on the CJ's Board,” he said.

Justice Muralidhar ended the speech saying the notification which was issued close to midnight of February 26 did two things.

“First, it transferred me to Punjab and Haryana High Court. Second, it appointed me to a position from where I can never be transferred, or removed and in which I shall always be proud to remain. A 'former judge' of arguably the best high court in the country. The High Court of Delhi,” he said, following a standing ovation by all the judges and the gathering, including his family members, former judges, lawyers, court staff and media persons.

Earlier in the day, a farewell programme was also organised by the Delhi High Court Bar Association.

While addressing the gathering at the bar's function, Justice Muralidhar concluded his address saying “When justice has to triumph, it will triumph ... Be with the truth - Justice will be done.”

Justice Muralidhar's mother, wife Usha Ramanathan, former Delhi High Court chief justice A P Shah, senior advocate Shanti Bhushan and former Delhi University VC Upendra Baxi were also present at the later function that was organised by the court.

Bidding adieu to Justice Muralidhar, Delhi HC CJ D N Patel said it was an occasion which has come with a saddening effect and his absence will be felt institutionally as well as personally.

Delhi government standing counsel (criminal) Rahul Mehra termed Justice Muralidhar as a “highly intellectual, courageous, upright and incorruptible judge” and sang bengali song 'ekla chalo re' to describe him.

Mehra said he joins Delhi High Court Bar Association in “strongly condemning” Justice Muralidhar's transfer.

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News Network
January 9,2020

New Delhi, Jan 9: The Union government has removed the central security cover of Tamil Nadu Deputy Chief Minister O Paneerselvam and DMK leader M K Stalin, officials said on Thursday.

They said while Paneerselvam had a smaller 'Y+' cover of central paramilitary commandos, Stalin had a larger 'Z+' protection.

The security cover of these two politicians has been taken off from the central security list after a threat assessment review was made by central security agencies and approved by the Union home ministry, they said.

Central Reserve Police Force (CRPF) commandos were protecting these two leaders of Tamil Nadu.

However, they said, the central security cover will be formally taken off after the state police takes over their security task, they added.

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Agencies
February 20,2020

Tokyo, Feb 20: One more Indian on board the cruise ship Diamond Princess quarantined off the coast of Japan was tested positive for novel coronavirus, the Indian Embassy in Tokyo said on Wednesday, adding that all seven Indian nationals infected with the virus have been shifted to hospitals in Japan for treatment.

"1 Indian crew who tested positive for #COVID19 among 88 new cases yesterday on #DiamondPrincess taken to hospital for treatment. Indians receiving treatment responding well. From today, the disembarkation of passengers only started, likely to continue till 21 Feb," the embassy tweeted.

"As of 2100 JST, altogether 7 Indian nationals (crew members on board #DiamondPrincess) are receiving treatment in hospitals in Japan, after testing positive for #COVID19 over last few days. Their health conditions are improving. 
@MEAIndia," the following tweet read.

A total of 138 Indians, including 132 crew and 6 passengers, were among the 3,711 people on board the luxury cruise ship which was quarantine off Japan on February 5 after it emerged that a former passenger had tested positive for the virus.

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