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Justice Dipak Misra sworn in as 45th Chief Justice of India

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7 years ago

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Justice Dipak Misra sworn-in as 45th Chief Justice of India

[vc_row][vc_column][vc_column_text]New Chief Justice will have the unenviable task of presiding over politically sensitive cases like the Babri Masjid-Ram Janmbhoomi land dispute, repealing Article 35A in Kashmir, among others

Justice Dipak Misra was, on Monday, sworn in as the 45th Chief Justice of India by President Ram Nath Kovind, taking over the mantle from Justice JS Khehar, who retired on Sunday. The newly sworn-in CJI is scheduled to retire on October 2, 2018 after a tenure that will last for 13 months and six days.

Justice Misra was appointed as a judge of the Supreme Court on October 10, 2011 and in the past six years has delivered several crucial judgments – those that were hailed as landmark verdicts and yet others that were criticised by legal experts for bordering on judicial over-reach.

Among the most defining moments of his stint as a judge of the apex court, perhaps came on the intervening night of July 29-30, 2015 when as part of a three-judge Bench, which also included then Chief Justice of India, HL Dattu, he dismissed the mercy petition of Yakub Memon, convicted in the Bombay blasts case. For the first time in the history of independent India, the Supreme Court had held a midnight hearing, discussing the arguments made in the case for nearly 90 minutes before reading out its verdict at 3 am. Memon was hanged at 3 am on July 30, 2015, amidst criticism and applause of the Supreme Court in equal measure.

A judgment passed on November 30, 2016 by a Bench headed by Justice Misra, however triggered a debate over whether an increasingly aggressive brand of nationalist fervour was stifling civil liberties. The verdict gave sanction for playing of the national anthem in cinema halls before the screening of a film began and made it mandatory for everyone present in the audience to stand up while the anthem was being played. In the days following the verdict, while a handicapped person, who could not stand up during the playing of the national anthem in a cinema hall, was severely heckled several similar reports of people being harassed by right-wing lumpens at movie theatres across the country collectively added to the narrative that whether the Supreme Court had erred in its verdict. A few months after the verdict, the Centre had informed the apex court that handicapped people who cannot stand when the anthem is played should be exempted from doing so.

On May 3, 2016, Justice Misra upheld the constitutional validity of the legal provision related to criminal defamation. Justices Misra and PC Pant had held that the reputation of an individual was an equally important right and stood on the same pedestal as free speech. The court said it would be a stretch to say that upholding criminal defamation in modern times would amount to imposition of silence. A section of the legal fraternity and advocates of free speech had termed the verdict as being regressive.

Then, on May 5, 2017, a bench headed by Justice Misra had upheld the execution of the three convicts in the highly publicised Nirbhaya gang rape case.

Just as verdicts passed by him or a bench that he was part of faced scrutiny by legal eagles, Justice Misra’s elevation as the CJI too had become a matter of some debate over the past few weeks. In July this year, Adish C. Aggarwala, president of the International Council of Jurists, had alleged that Justice Misra’s appointment as the CJI would “severely compromise the independence of the judiciary”. Aggarwala had written to then CJI Khehar – who had named Justice Misra as his successor – asking that an ongoing enquiry into allegations that Justice Misra had misrepresented facts in attempting to get hold of public land meant to be distributed to the landless poor for agricultural purposes in Odisha must first be resolved before he takes over India’s highest judicial post.

Aggarwala had raked up allegations made by an Odisha-based activist, Jayanta Kumar Das, who had claimed that back in 1979, when Justice Misra had not joined the judiciary but was a practicing lawyer, he had applied for allotment of the land to develop a fodder farm. While in his application to the Odisha government he had declared that his family owned 10 acres of land, Das had alleged that none of the said land was actually in Justice Misra’s name and that he had allegedly concealed this information in a subsequent affidavit. The affidavit later became the basis for allotment of two acres of land to Justice Misra.

The suicide note of former Arunachal Pradesh chief minister Kalikho Pul too had reportedly made some serious allegations against Justice Misra, which went uninvestigated.

However, these allegations notwithstanding, outgoing Chief Justice Khehar and the Narendra Modi government still went ahead with the appointment of Justice Misra as the CJI, sticking to the seniority rule.

On his hands, the new Chief Justice will have some critical cases to deal with. He might preside over the contentious Babri Masjid demolition case and also deal with the much popular BCCI reforms matter, as well as the Sahara SEBI case. The explosive issue of abrogation of Article 35A in Kashmir is also expected to be heard by the new Chief Justice.

Adding to the challenges he is certain to face is the seemingly perpetual problem of filling up vacancies in High Courts and the Supreme Court. High Courts in India are working with just 56% of their sanctioned strength while the shortfall in the Supreme Court will widen to 6 when Justice PC Pant retires on Tuesday, leaving only 25 judges in the apex court. The contentious MOP (Memorandum of Procedure) continues to remain an unresolved issue between the government and the SC collegiums, which has rejected the idea of including a security clearance clause that would allow the executive to veto superior court appointments in case of a negative remark against a proposed candidate.[/vc_column_text][/vc_column][/vc_row]

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Jammu and Kashmir: CRPF vans damaged, stones hurled amid protests against Vaishno Devi ropeway project

The residents have been complaining that the project would negatively impact the environment and their livelihoods.

Published

12 hours ago

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November 25, 2024

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Jammu and Kashmir: CRPF vans damaged, stones hurled amid protests against Vaishno Devi ropeway project

Massive violence broke out in Jammu and Kashmir’s Katra after the protestors pelted stones and clashed with the security forces during their protests against the proposed ropeway project along the trek route to the holy shrine of Vaishno Devi atop Trikuta hills. 

Reports said that the protestors hurled stones at the security personnel and damaged a CRPF vehicle. Paramvir Singh, Reasi SSP told media that the protest was going on peacefully for the past three days but on Monday some protesters pelted stones at the security forces. 

In Jammu and Kashmir’s Katra, the shopkeepers and labourers on Sunday took out a protest rally on the third day of their strike and held a sit-in outside the office of the subdivisional magistrate and Shalimar Park in Katra, the base camp for pilgrims visiting the shrine. 

A member of the joint committee of shopkeepers and pony and palanquin owners had said that the 72-hour strike has been extended by another 24 hours, adding that they will meet again and announce our future course of action. Notably, the three-day strike called by them began on Friday. 

Reports stated that while the businesses located at the base camp of Katra remained operational, shops lining the pilgrimage route from Ban Ganga to Charan Paduka observed closures. Nonetheless, the suspension of pony and palanquin services is causing hardships for the pilgrims, especially the elderly and differently-abled, to continue their sacred journey.

The residents have been complaining that the project would negatively impact the environment and their livelihoods. They asserted that the ropeway project would render them jobless, and also accused the authorities of pushing through the development without adequate consultation.

Meanwhile, Jammu and Kashmir Lieutenant Governor Manoj Sinha has assured the protestors of their employment. He mentioned that the committee headed by the Divisional Commissioner has been deliberating on the ropeway project and the rehabilitation of the locals. Furthermore, he also emphasised that the genuine concerns of the locals would be considered while the development of the region would not be ignored.

The Shri Mata Vaishno Devi Shrine Board (SMVDSB) had announced implementation of the long-awaited ropeway project to facilitate a safer and faster journey for the pilgrims. As per the project details, the ropeway will be developed with a cost of Rs 250 crore between Tarakote Marg to Sanji Chhat along the 12-kilometre track.

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Delhi Pollution: GRAP IV restrictions to continue in national capital, says Supreme Court

The court also pulled up the Delhi Police over no checkpoints at the borders of the city for checking the pollution measures and said that it was a serious lapse.

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13 hours ago

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November 25, 2024

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Delhi Pollution: GRAP IV restrictions to continue in national capital, says Supreme Court

The Supreme Court on Monday refused to relax GRAP IV measures in Delhi and ordered the CAQM to consider relaxing norms for students. The apex court observed that several students cannot avail midday meals, online classes and cannot access air purifiers.

The court also pulled up the Delhi Police over no checkpoints at the borders of the city for checking the pollution measures and said that it was a serious lapse. A bench headed by Justice AS Oka stated that they would consider prosecution of the Delhi Police Commissioner under the Commission for Air Quality Management (CAQM) Act for deploying police personnel at only 23 checkpoints, when Stage 4 of the GRAP was implemented.

Earlier, the court has also appointed 13 members from the court as commissioners to check whether the GRAP IV measures are being implemented or not. On Monday, the commissioners submitted their report to the court.

Subsequently, the court told the Delhi government that there were no checkposts at borders of the city and that the ban on trucks entering into the capital was not being followed properly.

The top court bench said that they were informed that no police or government personnel were present at the border checkpoints, and they were only manned by toll collection staff of the Municipal Corporation of Delhi. Mentioning that they will direct prosecution against all officials, the court questioned why the police were not directed to take action under Stage IV of the GRAP.

Responding, Advocate Shadan Farasat representing the Delhi government said that the CAQM had issued directions. Consecutively, the court asked him to show what written instructions were given by the state and the central government to the police on November 18. To this, Advocate Farasat said that directions were issued to post police personnel at 23 checkpoints where trucks could enter the city.

The court continued that this was negligence, adding that it will direct CAQM to prosecute the Delhi Police Commissioner.

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Maharashtra elections: Ajit Pawar criticises Sharad Pawar’s decision to field Yugender Pawar against him

Ajit Pawar said that Yugendra is a business person, and he had no connection with politics.

Published

15 hours ago

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November 25, 2024

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Maharashtra elections: Ajit Pawar criticises Sharad Pawar’s decision to field Yugender Pawar against him

After the Maharashtra Assembly Elections results, NCP leader Ajit Pawar criticized NCP faction led by Sharad Pawar for its decision to field his nephew Yugender Pawar against him in the family bastion of Baramati. Ajit Pawar also mentioned that his decision to field wife Sunetra Pawar against his sister Supriya Sule in the Lok Sabha election was a mistake. 

Sharad Pawar led NCP had fielded Yugender Pawar, son of Ajit Pawar’s elder brother Shrinivas Anantrao Pawar, in the Baramati Assembly segment. The constituency was represented by Sharad Pawar for over two decades, followed by Ajit Pawar for over three. In this assembly election, 33-year-old Yugendra Pawar was backed by Sharad Pawar and four-time Baramati MP Supriya Sule. However, Yugender Pawar lost out against his formidable uncle by a margin of over 1 lakh votes.

While addressing the media, Ajit Pawar said that Yugendra is a business person, and he had no connection with politics. He added that there was no reason to field his own nephew against him in the elections.

Earlier in the Lok Sabha elections 2024, Ajit Pawar had fielded his wife Sunetra Pawar against his cousin and Sharad Pawar’s daughter Supriya Sule, who won the contest by a 1.5 lakh votes margin. Later, Ajit Pawar admitted that it was a mistake.

Sharad Pawar had defended the decision to field Yugendra Pawar, mentioning that someone had to contest the polls. He had also said there was no comparison between Ajit Pawar and Yugendra Pawar. 

Notably, a 2023 rebellion led by Ajit Pawar against his uncle split the NCP founded by Sharad Pawar. Since then, the senior Pawar has been fighting to win his party’s name and symbol back. 

Previously In the Lok Sabha election, the veteran had trumped his nephew, with his faction winning 8 seats compared to Ajit Pawar’s score of 1. However this time, the tables turned as NCP (Sharad Pawar) scored 10, but Ajit Pawar’s party won 41.

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