‘Members of a club’: Arun Shourie on inquiry panel of Chief Justice’s case

Agencies
May 9, 2019

New Delhi, May 9: The Judges of the In-House Inquiry Committee of the top court, which gave a clean chit to Chief Justice Ranjan Gogoi on the allegations of sexual harassment against him, has done grave "injustice to the complainant, the CJI and the Supreme Court as an institution," former Union Minister Arun Shourie said on Wednesday.

Shourie alleged that the members of the inquiry panel were acting as the "members of a club".

"In the current controversy in sexual harassment allegations made against the CJI, the three judges who were asked to investigate the matter have behaved like the members of a club. They have done grave injustice to the complainant, the CJI and to the Supreme Court as an institution," he said.

The former minister and veteran journalist, who was delivering his fourth ''Nani Palkhivala lecture, said that because of the infirmities in the whole procedure of dealing with the allegations, doubts will always linger that the three members of the committee were shielding the CJI which will corrode the credibility.

"Because of the infirmities and manifested inequities in the procedure, doubt will always linger, however unjustified, that the three judges were shielding him (CJI). He may not have required shielding. This lingering doubt corrodes credibility.

"Scepticism hardens into suspicion, howsoever unjustified. Why did this happen, because you have a false sense of institutional loyalty that you have to safeguard this reputation of the institution? That is the old notion of a club, not of an institution, especially not of an institution that is always talking about transparency," he said.

The theme of the lecture was ''What should lawyers and other professionals be doing today?'' and it was organised on the occasion of the noted jurist's birth centenary.

Shourie said the three judges of the Committee have done grave "injustice to the complainant, CJI and the Supreme Court as an institution".

By refusing to give the complainant a copy of the report of the in-house Inquiry Committee, the top court has acted like the CBI, he said.

"In CBI, they don't give you the statement you have recorded in the case. Denying the right to a person to see even what he or she has said, which is a CBI practice has now become a Supreme Court practice," he said.

He further claimed that in this case, the CJI did not discharge his judicial functions.

Former Supreme Court judge, Justice Kurien Joseph, who along with Justice (Retd) J Chelameswar and M B Lokur and present CJI had held the presser allegedly against the functioning of the top court when Justice Dipak Misra was the CJI, also spoke at the occasion.

Justice Joseph said the January 12, 2018 presser was not against a person but rather against the tendency with which the judiciary was shaken.

He further said that media reports stated otherwise which showed that information has no role in the media today.

"Media is not doing what it should be doing and what it can do. The information has no role in the media today. Everyone wants to know the way information has been put. There are no independent media today," he said.

Concurring with the views of Justice Joseph, senior journalist Ashutosh said the problem arises when a section of the media manipulates information in such a way that it targets one kind of ideology.

While talking about the credibility of the judicial system, Shourie said that at present, the Attorney General and the Solicitor General have become the pleaders and facilitators of the falsehood of the government.

"They have become facilitators and partners of evil," he said.

He further said that because of the mentality of the present day lawyers to serve whoever comes first, "the best crooks get the best lawyers".

"Judicial world has become a club. It is no longer an institution," he said.

Shourie said the least the court could do in cases of sexual allegations against someone like the CJI was to set and make public the procedure that one should follow.

"The Supreme Court lays down guidelines in a judgement (Vishakha guidelines) but it will not apply to it. Elementary things like video and audio recording of the procedure, copy to be given to lawyers, the accused and the complainant, must be worked out. There should be a standing committee of three judges. So that there is no apprehension that some special judges are being selected for the special case," he said.

He further said that the appointment procedures have been under a great discussion and the "executive try to use that to usurp further power".

Shourie said that the judgements must increase faith in people's mind for the judiciary.

"If we do not believe the judgements, just imagine what a corrosion has taken place... I don't think people regard yesterday's VVPAT ruling as something that was on merits," he said.

The top court had on Tuesday rejected the VVPAT review plea of 21 opposition leaders led by Andhra Pradesh Chief Minister N Chandrababu Naidu and refused to modify its April 8 order which directed the Election Commission to increase random matching of VVPAT slips with EVMs to five polling booths per assembly segment in the Lok Sabha elections.

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News Network
March 5,2020

Mar 5: The fourteen Italians, who have tested positive for coronavirus, have been shifted to the Medanta Hospital in Gurgaon from an ITBP quarantine centre.

The hospital issued a statement on Thursday morning, saying these patients are housed on a completely separate floor, which has been quarantined and has no contact with the rest of the hospital.

There is a dedicated medical team wearing protective gear looking after these patients.All items used on the floor are isolated to that floor.

The isolated floor will completely contain the disease even with these asymptomatic persons. All other hospital operations are operating as normal, and there is no increased risk to patients, visitors or staff, the statement said.

Twenty-one Italian tourists and their three Indian tour operators were shifted out from an ITBP quarantine centre here on Wednesday as they were exposed to novel coronavirus.

An affected Italian couple is being treated at Jaipur's SMS medical college.

Officials on Tuesday said the foreigners have been sent to a private hospital in Gurgaon and a centre in the national capital while the Indians have been transferred to the Safdarjung Hospital.

Fourteen Italians and an Indian (driver), who were in the same group as the affected Italian couple, tested positive for the virus as per information provided by the Health Ministry.

The Italian tourists and three Indians were admitted to the Indo-Tibetan Border Police (ITBP) force centre in Chhawla on Tuesday.

The Centre already has 112 people, 76 Indians and 36 foreigners, since February 27 after they were evacuated by an Indian Air Force (IAF) plane from China's Wuhan, the epicentre of the deadly coronavirus.

The first samples of these 112 people had tested negative when reports came in last week.

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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 6,2020

Jammu, Jan 6: Union Minister Jitendra Singh on Sunday said India is the only shelter for religiously persecuted Hindus, Sikhs and other minorities who come from Pakistan, Bangladesh or Afghanistan, for the safety of their life and honour.

"India owes responsibility towards the minorities living in these countries which proclaim Islam as their state religion," Singh said here while launching the BJP's countrywide 10-day mass contact drive to spread awareness about the Citizenship Amendment Act (CAA).

Accompanied by senior party colleagues, including former deputy chief minister Kavinder Gupta and former minister Sat Sharma, he began by visiting the house of veteran columnist, writer and Padmashri awardee K L Pandita, where he spent time with them discussing the Act.

Later, he visited prominent social activist Amjad Mirza, eminent Sikh religious leader Baba Swaranjit Singh, retired High Court judge Justice G D Sharma, veteran journalist and former bureau head of Hind Samachar group Gopal Sachar, retired principal of Jammu government medical college Subhash Gupta, social activist and president of Peoples' Forum Ramesh Sabharwal, among others.

During his interaction with them, the Minister of State in the Prime Minister's Office claimed that Congress leaders and their allies protesting against the Act are doing so without "conviction".

He opined that if a "survey" was conducted among the family members of these Congress leaders, then, even they would not support their "anti-CAA stand".

"The tragedy of Congress party and contemporary leaders of Congress is that either they do not read their own history or are blissfully ignorant of the statements made by their own party patriarchs and former prime ministers," he said.

The minister recalled that the Nehru-Liaquat Pact of 1950 was inspired by the realisation on the part of the then Congress government headed by prime minister Jawaharlal Nehru that minorities, particularly Hindus, were not getting a fair deal in Pakistan.

"In 1949, Nehru had written a letter expressing concern about people coming in from then East Pakistan, which is now Bangladesh, and while doing so, he had referred to Hindus coming from there as 'refugees' and Muslims arriving here as 'immigrants'," Singh said.

Further, Nehru had stated that India owed a "responsibility" to these refugees, the minister said.

Referring to the opposition of senior Congress leaders Rahul Gandhi and Priyanka Gandhi to the amended legislation, the minister said someone should show them records of proceedings of the winter session of Parliament in 1950 when their great-grandfather (Nehru) had himself said that they deserved to be given citizenship and if the law was inadequate for it, then, the law should be changed.

"PM Modi should actually be given credit for showing courage and conviction to carry forward the task, which the Congress government lacked, to accomplish this," the minister opined.

Singh reiterated that a false fear psychosis against Muslims is being sought to be manufactured when there is no place as safe and comfortable to live for the community as India.

Turning the tables on the opposition to the National Population Register(NPR) and proposed National Register of Citizens (NRC), Singh pointed out that PM Modi and Union Home Minister Amit Shah have been stating that the exercise on NRC is yet to begin.

He also said that it was then Union home minister P Chidambaram, who had stated in Parliament in 2010 that NPR could be a basis for NRC.

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