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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Agencies
July 21,2020

New Delhi, Jul 21: Air India trade unions have complained to Civil Aviation Minister Hardeep Puri that the government has now turned a blind eye to the management's ethnic cleansing at lower levels through compulsory leave without pay (LWP), redundancies and wage cuts.

In a letter to Puri, the Joint Action Forum of Air India unions said, "We are deeply ashamed to say that it seems that after praising our Air Indian Corona Warriors at grand functions, respectfully, the government has now turned a blind eye to this management's ethnic cleansing of Air Indians at the lower levels, through compulsory LWP, redundancies and wage cuts."

The Joint Action Forum of Air India unions strongly opposes this Compulsory Leave without pay scheme as it is an illegal practice and is not a voluntary scheme.

"In fact the Board resolution itself empowers the Chairman and Managing Director with extraordinary powers, which seem akin to a High Court, to pack off employees on 2 years leave (extended to 5 years) at CMD's discretion or at the arbitrary whim of the Regional heads," the trade unions said.

"This said Compulsory LWP scheme violates every labour law put in place by Parliament and orders of the Supreme Court and various other courts and seeks to dispossess the lower categories workers of their legally guaranteed rights," it added.

The trade unions have pointed out that the redundancies are at the elite management cadre level and not the workers.

"We are indeed shocked that the management of Air India could prepare and formulate a scheme for compulsorily sending workers on leave without pay, which is akin to an illegal lay-off, under the garb of a Leave Without Pay, when ironically the redundancy actually lies in the upper echelons of management and not with the humble workers of Air India, who have slogged to make our Airline the treasure it is," they complained to Puri.

"It must be noted that out of 11,000 permanent employees, our management occupies almost 25% as Executive Cadre, with little or no accountability. Solely amongst the Elite Management Cadre, we have 121 top officers ranking from DGMS, GMs, EDs to Functional Directors, most of whom are either performing duplicate job functions or are indeed redundant and not to mention the retired relics serving as consultants and also the CEOs of various subsidiary companies," they added.

Trade unions said the redundancy or compulsory leave without pay scheme if any at all, has to apply only to these Executives, more so, when they do not even have protection of labour laws or Supreme Court orders.

Strangely, the topmost corporate executive cadre and the backroom Generals, have saved themselves from the axe of wage cuts, by sacrificing a piffling of a few grand, whilst the frontline warriors of flying cabin crew, engineers, ground staff have borne the biggest brunt head on, the unions said.

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News Network
July 19,2020

New Delhi, Jul 19: With the highest single-day spike of 38,902 cases reported in the last 24 hours, India's total COVID-19 tally on Sunday reached 10,77,618, informed the Union Health and Family Welfare Ministry on Sunday.

The death toll has gone up to 26,816 with 543 fatalities reported in the last 24 hours.

The Health Ministry said the total number of cases includes 3,73,379 active cases and 6,77,423 patients have been cured/discharged/migrated.

Maharashtra remains the worst affected state with 3,00,937 cases reported until Saturday.
Meanwhile, as per the information provided by the Indian Council of Medical Research (ICMR), 1,34,33,742 samples have been tested for COVID-19 till July 18, of these 3,61,024 samples were tested yesterday.

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News Network
March 25,2020

New Delhi, Mar 25: The Congress said on Wednesday that it stood with Prime Minister Narendra Modi on his appeal for 21-day lockdown but was "deeply disappointed by the lack of coherent strategy" and demanded that Rs 7,500 should be transferred to every Jan Dhan, PM Kisan and pension account to tide over the nutrition needs for 21-days.
It also demanded that the Public Distribution System (PDS) ration should be given free.
In a series of tweets, Congress Communications in-charge Randeep Singh Surejwala said that the need of the hour was to implement 'Minimum Income Guarantee Scheme' (Nyay) mooted by the Congress and party leader Rahul Gandhi.
"Please transfer Rs 7,500 to every Jan Dhan, PM Kisan, and every pension account to tide over nutrition needs of 21 days and give free PDS ration. We will rise together as a nation and defeat COVID-19. We stand with lockdown but are deeply disappointed by the lack of coherent strategy or a clear 'way ahead' on your part," he said.
Surjewala asked what steps the government took despite an early warning about COVID-19 and sought details about isolation beds and ventilators available to people.
"Dear PM, India will adhere to the lockdown but what steps did the govt take to tackle the corona pandemic despite early warnings in Feb? When will doctors, nurses and health workers have adequate protection? How many 'isolation beds' and ventilators are available and where?" he said.
He asked how daily wagers and labourers will sustain during the 21-day lockdown.
"What's your plan to address the huge issue of bread and butter and livelihood for millions? How will daily wagers, labourers, MGNREGA workers, factory workers, unorganised workers, fishermen, farmers and farm labour sustain for 21 days?" he asked.
Surjewala said the crying need is to arm doctors, nurses and health workers with personal protection equipment and asked: "why are N-95 masks, Hazmat suits not available?"
"In March itself, India needs 7.25 lakh bodysuits, 60 lakh N-95 masks, 1 crore 3 ply masks? When will they be available?" he asked.
Surjewala said that the government banned the export of ventilators, respiratory devices and sanitisers only yesterday on March 24, "84 days after the spread of COVID-19."
"Is this your government's 'Modus operandi' to fight coronavirus? Too little, Too late!," he said.
Noting that two-thirds of the country's population is engaged in agriculture, he said that Prime Minister Modi did not refer to farmers during his address to the nation and demanded a moratorium on farmers' loans.
"Crop is ready for harvest in March itself. How will it be harvested and sold and who will buy at fair price? Indebtedness relief to farmers is the only way forward in these testing times. Please put a moratorium on farmers' loans and recoveries. Please ensure the procurement of crops at MSP. Let's not forget that farmers are the backbone of India's economy," he said.
Surjewala said the Prime Minister gave only four hours to prepare for 21-day lockdown.
"Did you think of over 5 lakh truck drivers, who are now stranded on roads? Did you think of millions of workers, who are stranded in cities away from home without food or money? What should they do," he asked.

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