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SC refuses to stay warrant of appointment of Indu Malhotra

Agencies
April 26, 2018

New Delhi, Apr 26: The Supreme Court on Thursday refused to stay the Presidential Warrant appointing senior woman lawyer Indu Malhotra as a judge of the apex court.

The top court termed the plea of advocates as "unimaginable, unthinkable, unconscionable and never heard before."

A bench of Chief Justice of India (CJI) Justice Dipak Misra took strong note of submission of senior advocate Indira Jaising that Indu be not sworn in as the apex court judge and the Centre be directed to recommend the name of Chief Justice of Uttarakhand High Court Justice K M Joseph as well.

"What kind of prayer is this," the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said, adding that the Centre is "well within its right to send back the recommendation for reconsideration."

"Supposing the government is sending it for reconsideration, it will be seen. You are saying 'stay the warrant.' It is unthinkable, unconscionable, unimaginable and if I may add 'never heard before'," the CJI said.

Indira referred to the Centre's decision of segregating the name of Justice Joseph and Indu and said it cannot be done and either both names should have been recommended or rejected.

"Constitutional propriety demands that the warrant of appointment of Indu Malhotra be implemented," the bench said.

The top court said that it is surprising that a member of a Bar is being appointed as a judge and lawyers are mentioning at 2 pm for a stay on Warrant of Appointment.

Indira said that she is not pressing the prayer for a stay on the Warrant of Appointment and wants the larger issue of "cherry picking" of judges to be dealt by the court.

She urged the court to direct listing of the matter urgently and said, "We are worried about the independence of the judiciary."

The bench refused to list the matter urgently and said it will come in due course of time.

Over 100 Supreme Court Bar Association members had mentioned the plea alleging that the Centre was interfering with the administration and independence of the judiciary by selectively acting upon the Collegium's recommendation for appointment in the Supreme Court.

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News Network
March 10,2020

New Delhi, Mar 10: Minutes after Jyotiraditya Scindia submitted his resignation to the party membership to Congress chief Sonia Gandhi, the Congress expelled him for anti-party activities after reports emerged that he had met PM Modi and Amit Shah.

Disgruntled Congress leader Jyotiraditya Scindia met Prime Minister Narendra Modi on Tuesday amid indications that he might join hands with the BJP to topple the Madhya Pradesh government.

Sources said Scindia first met Union Home Minister Amit Shah, and then the two leaders met Modi at the prime minister's residence.

Legislators loyal to Scindia, who has been upset with the Congress leadership with his marginalisation in the affairs of the Madhya Pradesh Congress, are likely to quit the party to reduce the Kamal Nath-led government to a minority.

It is likely to be followed by the Bharatiya Janata Party staking claim to form the government in the state.

The Congress President has approved the expulsion of Jyotiraditya Scindia from the Indian National Congress with immediate effect for "anti-party activities," said KC Venugopal, General Secretary Congress.

No person is, nor will be greater than the party: Congress youth wing chief

Indian Youth Congress (IYC) chief Srinivas B V on Tuesday slammed Jyotiraditya Scindia, who has announced his resignation from the primary membership of the Congress, and thanked party chief Sonia Gandhi for expelling the former Guna MP "who was promoting anti-party activities and factionalism".

"The history of 1857 and 1967 was once again repeated," Srinivas B V said, referring to the 1857 Revolt against East India Company and the role of the Scindia royals back then as well as Vijayaraje Scindia's switch from the Congress to the Jana Sangh in 1967.

"I would like to thank Congress president Sonia Gandhiji for taking the strong steps to expel the leader who was promoting anti-party activities and factionalism," the IYC chief said.

"No person is, nor will be greater than the party," he added.

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News Network
January 8,2020

Howrah, Jan 8: Following the 'Bharat Bandh' called by trade unions, protesters blocked railway tracks in Howrah and Kanchrapara in North 24 Parganas on Wednesday.

They raised anti-government slogans and criticised the Center for its policies. They were holding placards, posters and banners against the government.

Commuters faced difficulties as bus services were also affected. CPI (M) protesters also stopped the operation of state transport buses. In Odisha, the public agitation started around 6 am at Talcher, Bhubaneswar, Brahmapur, Bhadrak and Kendujhargarh.

Due to the protests, the following trains are detained enroute at different stations --Bhadrak-Brahmapur passenger at Bhadrak, Kendujhargarh-Bhubaneswar passenger at Kendujhargarh, Bhubaneswar-Balangir InterCity at Bhubaneswar, Howrah-Yesvantpur Express at Brahmapur, Ichhapur-Cuttack MEMU at

Brahmapur and Puri-Rourkela passenger at Bhubaneswar.

The ten central trade unions including Centre of Indian Trade Unions (CITU), Indian National Trade Union Congress (INTUC), among others have given the call for strike with a 12-point charter of demand. Trade union Bharatiya Mazdoor Sangh (BMS) is not taking part in the strike.

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Agencies
July 30,2020

Kochi, Jul 30: The Kerala High Court on Thursday refused to grant the extension for the stay of a 74-year-old US citizen, Johnny Paul Pierce, who had earlier said that he felt safer to remain in India than in the United States amid the COVID-19 pandemic.

The single-judge bench of Justice CS Dias, which considered the writ petition, observed that the grant or extension of visa to foreign nationals fall exclusively within the domain of the Government of India (GoI) and that judicial review in such matters is minimal.

The power of the GoI to expel foreigners is absolute and unlimited, the bench said.

"In view of the categoric declaration of law by the Supreme Court, the plea of the petitioner to permit him to stay back in India cannot be accepted, as it falls within the purview of the guidelines and the discretion of the Government of India," the order said.

"The petitioner cannot be heard that the guidelines/policies/regulations formulated by the Government of India, that an American national though has been granted a visa having validity of five years has to leave India within 180 days, is irrational or unreasonable," it added.

The High Court, which was hearing a plea to permit the US citizen to stay in India for a further period of six months, said that the petitioner does not have a case that there is an infraction of Article 21 of the Constitution of India.

"The petitioner was well aware of the visa conditions when he arrived in India, and it is too late in the day for him to raise a grievance on the visa conditions," the bench said noting that the petitioner's love for India was heartening.

The High Court also directed the Foreigners Registration Officer to consider the petitioner's representation within a period of two weeks in accordance with the applicable guidelines and policies.

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