Supreme Court crisis seems to be unresolved, says Attorney General Venugopal

Agencies
January 16, 2018

New Delhi, Jan 16: The crisis in the Supreme Court seems to be far from over, with Attorney General K.K. Venugopal on Tuesday saying the matter seemed to be unresolved and Supreme Court Bar Association (SCBA) president Vikas Singh hoping it would be settled by this weekend.

The crisis erupted on January 12 after four senior judges — Justices J. Chelameswar, Ranjan Gogoi, Madan B. Lokur and Kurian Joseph — openly castigated the functioning of the top court headed by Chief Justice of India (CJI) Dipak Misra.

“Yes, I think it has not been settled. Let’s hope things will be fully settled within 2-3 days,” Mr. Venugopal said.

The Hindu on Monday reported quoting sources close to the four judges that the differences had not been resolved yet.

When asked about reports which said that the impasse was continuing, Mr. Venugopal said he had to agree with the view.

On whether he had a meeting or had spoken with any of the four judges or the CJI, he said, “Nothing of that sort has happened.”

However, he hoped things would be sorted out in the next couple of days.

Mr. Singh, who is also a senior advocate, said on Tuesday: “By the end of this week, the crisis is likely to be resolved.”

He said that when he handed over the resolution of the SCBA to the CJI on Sunday, he had got the impression that the crisis would be resolved. The CJI was hopeful that within a week normality would return. As of now, it appeared that everything normality was returning.

SCBA resolution

The SCBA, at its emergency meeting on Saturday, passed a resolution asking the Chief Justice to convene a full court meeting and transfer all pending public interest litigation (PIL) petitions for hearing before the five senior-most judges, who are members of the collegium.

The four top Supreme Court judges resumed work on January 15, belying the simmering tensions sparked by their accusations against the Chief Justice, while the Attorney General described the unprecedented crisis as “a storm in a tea cup.”

In the presser, the four judges flagged certain problems such as the assigning of cases in the apex court. They said there were certain issues afflicting the country’s highest court.

The CJI  on Sunday met a seven-member delegation of the Bar Council of India and Mr. Singh and assured them that the crisis would be sorted out soon and congeniality would prevail.

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News Network
April 5,2020

Thiruvananthapuram, Apr 5: Eight more COVID-19 positive cases were reported from Kerala on Sunday, four among whom attended the Tablighi Jamat congregation in Delhi and six people were cured, Health Minister K K Shailaja said.

With this, the total number of affected people under treatment in the state has gone up to 256, she said.

"Out of the eight cases, five are from Kozhikode, and one each from Pathanamthitta, Kannur and Kasaragod districts.

In the case of Kozhikode, four out of the five returned from Nizammuddin meet and one from Dubai.

As of date, 10 people who had returned from Nizammuddin in Delhi have been tested positive," the minister said in a release

A total of 314 cases have been reported from Kerala so far and 56 people have been cured, she said

"We have sent 10,221 samples for testing," she said.

A total of 1.58 lakh people are under observation in the state, out of which 776 are in isolation wards in hospitals.

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Agencies
June 29,2020

Tehran, Jun 29: Iran has issued an arrest warrant and asked Interpol for help in detaining President Donald Trump and dozens of others it believes carried out the drone strike that killed a top Iranian general in Baghdad, a local prosecutor reportedly said Monday.

While Trump faces no danger of arrest, the charges underscore the heightened tensions between Iran and the United States since Trump unilaterally withdrew America from Tehran’s nuclear deal with world powers.

Tehran prosecutor Ali Alqasimehr said Trump and more than 30 others whom Iran accuses of involvement in the Jan. 3 strike that killed Gen. Qassem Soleimani in Baghdad face “murder and terrorism charges,” the semiofficial ISNA news agency reported.

Alqasimehr did not identify anyone else sought other than Trump, but stressed that Iran would continue to pursue his prosecution even after his presidency ends.

Interpol, based in Lyon, France, did not immediately respond to a request for comment.

Alqasimehr also was quoted as saying that Iran requested a “red notice” be put out for Trump and the others, which represents the highest level arrest request issued by Interpol. Local authorities end up making the arrests on behalf of the country that request it. The notices cannot force countries to arrest or extradite suspects, but can put government leaders on the spot and limit suspects’ travel.

After receiving a request, Interpol meets by committee and discusses whether or not to share the information with its member states. Interpol has no requirement for making any of the notices public, though some do get published on its website.

It is unlikely Interpol would grant Iran’s request as its guideline for notices forbids it from “undertaking any intervention or activities of a political” nature.

The U.S. killed Soleimani, who oversaw the Revolutionary Guard’s expeditionary Quds Force, and others in the January strike near Baghdad International Airport. It came after months of incidents raising tensions between the two countries and ultimately saw Iran retaliate with a ballistic missile strike targeting American troops in Iraq.

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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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