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
March 3,2020

Kashmir, Mar 3: Four days after the National Investigation Agency made a major breakthrough in the Pulwama terror attack case over a year after the bombing, arresting one person who had sheltered the suicide bomber Adil Ahmad Dar, the NIA on Tuesday arrested two more people in the case - a father-daughter duo - who had also provided shelter to the bomber, officials said.

The NIA also claimed that the video of the suicide bomber was also recorded at their residence and released by the Jaish-e-Mohammad (JeM) terror group from Pakistan after the attack. An NIA spokesperson in Delhi said: "Two more persons have been arrested by the agency in the Pulwama terror attack case and they have been identified as Insha Jan, 23, and her father Tariq Ahmed Shah, 50, who works as a tipper driver."

The official said that the father-daughter duo have been arrested from Hakripora area in Pulwama for their involvement in the attack. The two were arrested on early Tuesday morning after senior officials of the NIA raided their house on Monday night.

A senior NIA official related to the probe told IANS: "The video of Dar, who attacked the CRPF convoy, was recorded at the home of the duo. And the same video was released soon after the Pulwama terror attack by the JeM terrorists from a Pakistani IP address."

He said, "The video was shared by them to their handlers in Pakistan."

The spokesperson further claimed that during the probe Tariq Ahmed Shah disclosed that his house in Hakripora area was used by Dar, Mohammad Umar Farooq, a Pakistani terrorist and IED maker, Kamran - another Pakistani terrorist (both were later killed in encounters with security forces), Sameer Ahmed Dar, a Jaish-e-Mohammad terrorist from Pulwama and Mohammad Ismail aka Ibrahim, a Pakistani terrorist.

The spokesperson said that Shah facilitated all the terrorists at his house for sheltering and for planning of the heinous attack on the CRPF convoy. He said Jan, daughter of Shah, facilitated the terrorists at their home and provided food and other logistics during their stay on more than 15 occasions for two to four days each time, in their house during the year 2018-2019.

"Initial interrogation has revealed that Jan was in constant touch with Farooq and was in communication with him over telephone and other social media applications," the spokesperson said. The fresh arrests of the two accused brings the total number of arrests in the case to three.

The arrests were made on the revelations of Shakir Bashir Magrey, who was arrested by the anti-terror probe agency on February 28. According to senior NIA officials, more arrests will be made in the coming days. Magrey, a resident of Hajibal, Kakapora in Pulwama district of Jammu & Kashmir, is an overground worker (OGW) of the Pakistan-based Jaish-e-Mohammad (JeM).

According to agency sources, Magrey allegedly provided shelter and other logistical assistance to the Pulwama suicide bomber. He was sent to 15 days' NIA custody by a special NIA court in Jammu & Kashmir on Friday. During interrogation, Magrey revealed that he had harboured Dar and Pakistan-based terrorist Mohammad Umar Farooq in his house from late 2018 till the attack in February 2019 and assisted them in the preparation of the Improvised Explosive Device (IED). His shop is located near Lethpora bridge, and as advised by Mohammad Umar, he started conducting reconnaissance of the movement of CRPF convoys on Jammu-Srinagar Highway in January 2019, and informed Mohammad Umar and Adil Ahmad Dar about it.

Magrey was also involved in modifying the Maruti Eeco car and fitting the IED into it in early February, 2019 and was introduced to Adil Ahmad Dar in mid-2018 by Mohammad Umar and he became a full-time OGW of JeM.

"During his initial interrogation, he disclosed that on several occasions, he collected and delivered arms, ammunition, cash and explosive material to JeM terrorists, including those involved in the Pulwama attack," the agency had said on February 28.

"During investigation, the make, model and number of the car used in the attack was quickly ascertained by NIA to be a Maruti Eeco through forensic examination of the tiny remnants of the car which were found at the spot during extended searches," the agency stated.

"This has been corroborated by accused Shakir Bashir Magrey. The explosives used in the attack were determined to be ammonium nitrate, nitro-glycerin and RDX, through forensic investigation," it said.

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News Network
April 28,2020

Kochi, Apr 28: The Central government on Tuesday told Kerala High Court that the Kerala government will have to take up with other states the matter pertaining to bringing back COVID-19 affected Malayali nurses.

A Division Bench of Justice PV Asha and Justice V Shircy asked the Kerala government to examine if there is any solution that may be considered and orally noted the suggestion that perhaps a video-conference may be conducted between the states on the matter.

The matter was posted for further hearing on April 30.

Counsel for the Central government said that the "Centre has issued guidelines for the protection of health workers. But in this specific case, state governments have assured that nurses are being given proper treatment."
"The plea is on apprehensions that they are not being treated well in the other states.

Centre could help if there is any necessary requirement thereafter," the Centre's counsel said.

Advocate Abraham Vakkanal, appearing for the state government, said that state chief secretary has written to Union cabinet secretary to relax travel restrictions amid COVID-19 lockdown to bring back the nurses.

Vakkanal said that the state has sought permission and is waiting for approval and will take further actions if permission is received on the matter.

Advocate Anupama Subramaniam, appearing for the petitioner, said that 68 Malayali nurses in other states have reached out to inform that they are not being given treatment and that facilities for food and shelter are also not readily available for them.

Kerala High Court had earlier asked the Centre and the state government to file their reply on the plea.

The court was hearing a petition seeking to bring COVID-19 affected Malayali nurses back to Kerala from other States considering their "poor health and working conditions".

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Agencies
February 23,2020

New Delhi, Feb 23: Hailing the role of first Prime Minister Jawaharlal Nehru in shaping India a modern nation state, former Prime Minister Manmohan Singh on Saturday hit out at the Narendra Modi-led Central government, saying "nationalism" and the slogan of 'Bharat Mata Ki Jai' are being misused to construct a militant and purely emotional idea of India.

Speaking at the launch of a book on Jawaharlal Nehru's works and speeches, Singh said: "I am extremely happy that this book makes an effort to revisit Pandit Nehru. He had led this country in its volatile, formative days when we adopted democratic way of life, accommodating divergent social and political views."

The former Prime Minister said that Nehru, who was very proud of Indian heritage, "assimilated it", and harmonised them into the needs of a "new modern" India.

"A great visionary, Nehruji laid the foundation for shaping India as a modern nation state," he said.

Highlighting the works of the first Prime Minister, Singh said: "If India is recognized in the comity of nations as a vibrant democracy and, if it is considered as one of the important world powers, it was Nehru, who should be recognised as its main architect."

He said Nehru was not only a statesman of high international standing, but a great historian and literary figure too.

"With an inimitable style, and a multi-linguist, Nehru laid the foundation of the universities, academies and cultural institutions of Modern India. But for Nehru's leadership, Independent India would not have become what it is today," he said.

Taking an apparent dig at the BJP government, he said: "But unfortunately, a section of people who either do not have the patience to read history or would like to be deliberately guided by their prejudices, try their best to picture Nehru in a false light.

"But I am sure, history has a capacity to reject fake and false insinuations and put everything in proper perspective," he said.

He said the book "Who is Bharat Mata" is such an attempt to set the narrative in the right direction.

Singh said that selecting appropriate pieces from Nehruji's works, the book justifies its title "Who is Bharat Mata?"

"As this book contains a timely collection of writings by and on Pandit Jawaharlal Nehru- the leader, who shaped India and the Icon whose legacy is the subject of intense and often angry reaction today.

The book also comprises reminiscences and assessments of Nehru by some of his contemporaries and near contemporaries-among them, including Mahatma Gandhi, Bhagat Singh, Sardar Patel, Maulana Azad, Aruna Asaf Ali, Sheikh Abdullah, Ramdhari Singh Dinkar, Ali Sardar Jafri, Baldev Singh, Martin Luther King Jr, Richard Attenborough, Lee Kuan Yew and Atal Bihari Vajpayee.

"It is a book of particular relevance at a time when nationalism and the slogan of ‘Bharat Mata Ki Jai' are being misused to construct a militant and purely emotional idea of India that excludes millions of residents and citizens," Singh said attacking the BJP government.

The two time Prime Minister further said that in the pages of the carefully complied anthology-which also carries illuminating introductions by the authors Nehru emerges as a "remarkable man of ideas and action", who had an instinctive understanding of India's civilisational spirit and as a visionary with clear commitment to the promotion of scientific temper, who despite the compulsions of politics, remained a true democrat.

"His legacy continues to be of immense significance-perhaps more today than at any other time in our history," he said.

He also warned that "Nehru makes a very significant and time relevant remark on the dangers of leaderships falling into a trap and getting removed far away from the common people whom they are supposed to serve".

"In an atmosphere, when emotions are deliberately get provoked and the gullible are misled by false propaganda, misusing communication technology, this book makes a refreshing break through," Singh added.

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