Judicial crisis: 25 SC judges to resolve case; BCI meets CJI Dipak Misra

Agencies
January 15, 2018

New Delhi, Jan 15: All 25 Supreme Court judges are expected to meet soon to resolve the crisis in the country's apex court after four senior-most judges complained against Chief Justice Dipak Misra over allocation of cases.

Informed sources told IANS that a Full Court meeting of the Supreme Court judges will take place at the earliest to take a call on the issue and deliberate over the complaints highlighted in public by the four judges -- Justices J. Chelameswar, Ranjan Gogoi, Madan B. Lokur and Kurian Joseph -- who are the senior-most after Justice Misra in that order.

The rebel judges criticised the Chief Justice over allocation of cases, saying the administration of the top court was "not in order".

As there was no solution in sight, Supreme Court Bar Association President Vikas Singh met Justice Misra and gave him a copy of the resolution the Bar passed on Saturday. The resolution also suggested a Full Court meeting to resolve the matter.

Two days after the crisis began, a seven-member delegation of the Bar Council of India (BCI) on Sunday also met the Chief Justice to convey its concern over the issue. The BCI also met three of the four rebel judges.

"We hope that the issue will be sorted out amicably and no one from outside should interfere," BCI President Manan Kumar Mishra told reporters.

"During the meetings with Justice Misra, Justice Chelameswar, Justice Lokur, Justice Joseph and other judges, each one of them assured us that the issues will be resolved. The meetings with the judges took place in a very cordial atmosphere."

Justices Sharad Arvind Bobde and L. Nageswara Rao also met Justice Chelameswar at his residence.

As the crisis lingered, four retired judges wrote to Justice Misra on Sunday, throwing their weight behind the four rebel judges who "have brought to light a serious issue regarding the manner of allocation of cases, particularly sensitive cases, to various benches of the Supreme Court".

The retired judges are Justice P. B. Sawant, a former Supreme Court judge, Justice A. P. Shah, former Chief Justice of the Delhi High Court, Justice K. Chandru, a former judge of the Madras High Court, and Justice H. Suresh, a former judge of the Bombay High Court.

They appreciated the "grave concern" raised by the four Supreme Court judges that cases were not being allocated in a proper manner and "arbitrarily" allocated to "particular designated benches, often headed by junior judges".

"This is having a very deleterious effect on the administration of justice and the rule of law," read the letter by the four former judges.

They said they agreed with the view of the rebel judges that the Chief Justice despite being the master of roster cannot assign cases "in an arbitrary manner such that, sensitive and important cases are sent to hand-picked benches of junior judges by the Chief Justice".

"This issue needs to be resolved... for allocation of benches and distribution of cases, which are rational, fair and transparent. Only such measures would assure the people that the Supreme Court is functioning in a fair and transparent manner and that the power of the Chief Justice as master of roster is not being misused to achieve a particular result in important and sensitive cases. We, therefore, urge you to take immediate steps in this regard."

Meanwhile, the Co-ordination Committee of All District Bar Associations of Delhi on Sunday condemned the four senior Supreme Court judges for going public over their differences with Justice Misra.

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News Network
June 8,2020

New Delhi, Jun 8: Delhi Chief Minister Arvind Kejriwal has gone into self-quarantine after developing sore throat and fever, and will get himself tested for COVID-19 on Tuesday, officials said on Monday.

They said the chief minister, who is also a diabetic, was feeling unwell since Sunday afternoon.

"He has mild fever and sore throat since Sunday afternoon. As advised by doctors, the chief minister will undergo COVID-19 test on Tuesday morning," officials said.

Officials said the CM had attended a Cabinet meeting on Sunday morning and thereafter, he did not attend any meeting.

The chief minister has been holding most of his meetings via video conferencing from his official residence for past two days.

This come as the number of coronavirus cases in the national capital crossed the 28,000-mark with 1,282 fresh infections while the death toll climbed to 812 on Sunday, a health bulletin issued by the Delhi government said. According to the health bulletin, the total number of COVID-19 cases in Delhi rose to 28,936 with 1,282 fresh cases.

A total of 51 fatalities were reported on June 6, the bulletin said, adding that these lives were lost between May 8 and June 5. It, however, said the cumulative death figure refers to fatalities where the primary cause of death was found to be COVID-19, according to a report of the Death Audit Committee on the basis of the case-sheets received from various hospitals.

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News Network
June 11,2020

The Indian National Congress is considering to move court seeking action against operation lotus,  after an audio clip in which Madhya Pradesh chief minister Shivraj Singh Chouhan can be heard saying that the Central leadership of Bharatiya Janata Party wanted the Kamal Nath government to fall went viral.

Mr Chouhan is also heard saying in the purported 9.28-minute long audio clip that it was not possible to pull down the Kamal Nath government without the help of Jyotiraditya Scindia and his loyalist, former Congress MLA Tulsi Silawat.

The Congress, which has all along maintained that the BJP had hatched a conspiracy to pull down the 15-month-old Kamal Nath government to “capture” power in MP, threatened legal action.

“I have been maintaining from the very beginning that there was a conspiracy to pull down my duly elected government… The audio has established that the BJP’s Central leadership had conspired to pull down my government even though it enjoyed majority,” former chief minister and Congress veteran Kamal Nath said.

Working president of MP Pradesh Congress Committee (PCC) Jitu Patwari said his party may move court against the BJP for having plotted to dislodge an elected government following the expose in the purported audio.

Mr Chouhan was reportedly addressing BJP workers of Sanware Assembly constituency in Indore on Monday when he allegedly said in Hindi, “The Central leadership (of BJP) decided that the (Kamal Nath) government should fall. They (the Kamal Nath government) will ruin and destroy … Tell me, was it possible to dislodge the government without Jyotiraditya Scindia and Tulsi Bhai? There was no other way.”  

The “Tulsi Bhai” referred to in the clip is former health minister who joined the BJP along with Mr Scindia.

“In the coming bypoll if Tulsi Silawat doesn’t become MLA again, will I be able to remain CM, will the BJP government survive?” he allegedly said, exhorting BJP workers to overcome their differences and work for Mr Silawat’s victory in the upcoming by-elections in the Sanwer Assembly seat.

Twenty-two Congress MLAs, loyal to Mr Scindia, had resigned from the Assembly leading to the fall of the Kamal Nath government on March 20, paving the way for Mr Chouhan to return as chief minister for the fourth time.

All the 22 ex-Congress MLAs later joined the BJP with Mr Scindia. Two of them, Mr Silawat and Govind Singh Rajput, have been inducted into the Shivraj Singh Chouhan Cabinet.

The BJP has vehemently denied any role in the collapse of the Kamal Nath government. Neither the saffron party’s Central leadership nor Mr Chouhan have reacted to the audio clip yet

But the party’s state spokesperson Rajneesh Agrawal dismissed the charge that it had a hand in the fall of the Kamal Nath government.

“Infighting in Congress had led to the fall of the Kamal Nath government,” he said.

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News Network
July 23,2020

New Delhi, Jul 23: A Delhi court Thursday allowed 198 Indonesians to walk free on payment of varying fines, after they accepted mild charges under the plea bargain process, related to various violations including visa norms while attending the Tablighi Jamaat event here during the COVID-19 lockdown.

Metropolitan Magistrate Vasundhara Azad allowed 100 Indonesians to walk free on payment of a fine of Rs 7,000 each, said advocates Ashima Mandla, Fahim Khan and Ahmed Khan, appearing for them.

Metropolitan Magistrate Swati Sharma allowed 98 Indonesians to walk free on payment of a fine of Rs 5,000 each.

The court directed the 98 Indonesians to deposit their fines to PM CARES Fund.

The Sub-divisional magistrate of Defence Colony, who was the complainant in the case, Assistant Commissioner of Police of Lajpat Nagar and Inspector of Nizamuddin said they have no objection to it.

However, one Indonesian did not plead guilty to the charges against them and claimed trial before the court.

Under plea bargaining, the accused plead guilty to the offence praying for a lesser punishment. The Criminal Procedure of Code allows for plea bargaining in cases where the maximum punishment is 7-year imprisonment; offences don''t affect the socio-economic conditions of the society and the offence is not committed against a woman or a child below 14 years.

The foreigners were chargesheeted for attending the religious congregation at Nizamuddin Markaz event in the national capital by allegedly violating visa conditions, indulging in missionary activities illegally and violating government guidelines, issued in the wake of Covid-19 outbreak in the country.

They were granted bail earlier by the court on a personal bond of Rs 10,000 each.

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