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In A Historic Move, Supreme Court Decides to Make Collegium Decisions Transparent

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[vc_row][vc_column][vc_column_text]There has been much talk about the opacity of the Supreme Court Collegium and the recent transfer and resignation of Justice Jayant Patel of the Karnataka High Court – transferred to the Allahabad High Court as the third senior-most, killing his Supreme Court prospects – has added fuel to the controversy fire.

The Supreme Court has decided that all the recommendations of the Supreme Court Collegium will henceforth be posted on the court’s website. The information that will be posted on the court’s website will include information about appointment, promotion and transfer of judges.

This decision by the Collegium, headed by Chief Justice Dipak Misra marks a prominent milestone for his term. The Supreme Court Collegium said that the new rules will increase transparency without affecting the confidentially of the judicial process. The reasons for certain decision will also be uploaded on the court’s website.

The court has already started uploading information on its website and one of the first things to be posted is information about the appointment of three Judicial Officers and one Judicial Member of Income Tax Appellate Tribunal (ITAT) as Judge of the Madras High Court:

  1. Resolution Dated 03.10.2017 regarding transparency in Collegium System.
  2. Recommendation Dated 03.10.2017 regarding elevation of Judicial Officers in Kerala High Court.
  3. Recommendation Dated 03.10.2017 for elevation of Judicial Officers in Madras High Court (Part I).
  4. Recommendation Dated 03.10.2017 for elevation of Judicial Officers in Madras High Court (Part II).

The more important addition to this is that the new section – a new tab to the top left of the Supreme Court site, called “Collegium Resolutions” – will also provide the reason for such transfer, elevation etc. of judges, judicial officers and others. To begin with the initial postings have detailed reasons for the October 3 judicial appointments to the Madras and the Kerala high courts.

The Collegium has also detailed reasons for the transparency. The two-page entry reads as follows:

SUPREME COURT OF INDIA

Re: Transparency in Collegium system.

The Chief Justice of India proposed the following Agenda for consideration by the Collegium:

“DECISION ON UPLOADING OF COLLEGIUM’S RESOLUTIONS WITH REASONS, ON EACH CANDIDATE FOR ELEVATION AS JUDGE OF HIGH COURT, CHIEF JUSTICE OF HIGH COURT OR AS JUDGE OF SUPREME COURT OR TRANSFER ON THE SUPREME COURT’S OFFICIAL WEBSITE FOR ENSURING TRANSPARENCY OF COLLEGIUM SYSTEM”.

The Collegium has resolved:

THAT the decisions henceforth taken by the Collegium indicating the reasons shall be put on the website of the Supreme Court, when the recommendation(s) is/are sent to the Government of India, with regard to the cases relating to initial elevation to the High Court Bench, confirmation as permanent Judge(s) of the High Court, elevation to the post of Chief Justice of High Court, transfer of High Court Chief Justices / Judges and elevation to the Supreme Court, because on each occasion the material which is considered by the Collegium is different.

The Resolution is passed to ensure transparency and yet maintain confidentiality in the Collegium system.

(Signed)

( Dipak Misra ), CJI.

( J.Chelameswar ), J.

( Ranjan Gogoi ), J.

( Madan B. Lokur ), J.

( Kurian Joseph ), J.

New Delhi,

October 03, 2017

The issue of the transfers became a trifle ugly with the Justice Patel issue. While the judge himself has kept his opinion to himself, there have been many within the judicial profession who have lambasted the judiciary for virtually sidelining the judge who had shown tremendous spine in ordering a CBI enquiry into the Ishrat Jahan fake encounter case during the Godhra riots of 2002. It has been alleged that the executive may have had finally gotten total control of the judiciary and is now calling the shots about judicial postings and transfers.

The reaction to this transfer (of Justice Patel) from the Supreme Court so far has been a trite comment, saying:

“Decision taken to transfer Justice Jayant Patel was a conscious and unanimous decision taken after adequate deliberation keeping in view the input on record.”

Recently even Justice J Chelameswar, who is part of the Collegium – he is also the senior-most judge of the Supreme Court – had criticized the secret nature of the functioning of the Collegium. He had even refused to participate in the Collegium meetings until there was some record made of what transpired.[/vc_column_text][/vc_column][/vc_row]

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Rahul Gandhi says air pollution in North India a national emergency, tourism declining, global reputation crumbling

“We need a collective national response, not political blame games,” the Congress leader said on his X handle.

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Leader of Opposition in the Lok Sabha Rahul Gandhi on Friday said the air pollution in North India is a national emergency that needs a collective national response and not a political blame game. The Congress leader added that due to air pollution tourism is declining and “our global reputation is crumbling”.

It is a public health crisis that is stealing children’s future and suffocating the elderly, Gandhi said, adding an environmental and economic disaster that is ruining countless lives.

“As Parliament meets in a few days, MPs will all be reminded of the crisis by our irritated eyes and sore throats. It is our responsibility to come together and discuss how India can end this crisis once and for all,” the Leader of the Opposition in Lok Sabha said.

The former Congress chief said the poorest “among us suffer the most”, unable to escape the toxic air surrounding them. Families are gasping for clean air, children are falling sick, and millions of lives are being cut short, he added.

The Rae Bareli MP noted that the pollution cloud covers hundreds of kilometres. He said cleaning it up will require major changes and decisive action from governments, companies, experts, and citizens.

“We need a collective national response, not political blame games,” the Congress leader said on his X handle.

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Indian Navy submarine collides with fishing boat near Goa coast, 2 fishermen missing

A spokesperson from the Navy told the media that eleven crew have been rescued so far.

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Indian Navy submarine collides with fishing boat near Goa coast, 2 fishermen missing

Indian Navy officials on Friday said that an Indian fishing vessel with a crew of 13 collided with an Indian Naval submarine near the Goa coast. 

Following the incident, a massive search and rescue operation has been launched by the Indian Navy, which has deployed six ships and aircraft. Reportedly, while 11 crew have been rescued, two are still missing.

The Ministry of Defence issued a statement and said that the vessel, Marthoma, collided with a Scorpene-class submarine about 70 nautical miles off the Goa coast. It added that search and rescue efforts for the remaining two are underway and are being coordinated with Maritime Rescue Coordination Centre Mumbai (MRCC). It further mentioned that additional assets including from the Coast Guard have been diverted to the area to augment the efforts.

The statement said that the cause of the incident is being investigated. Notably, Scorpene-class submarines are a major part of India’s naval power in the Indian Ocean as they can undertake multifarious types of missions, including anti-surface warfare, anti-submarine warfare, intelligence gathering, mine laying, and area surveillance.

Reports said that the state-of-the-art technology utilised for the construction of the Scorpene-class submarines has ensured superior stealth features such as advanced acoustic silencing techniques, low radiated noise levels, hydro-dynamically optimized shape and the ability to launch a crippling attack on the enemy using precision-guided weapons. Furthermore, the attack can be launched with both torpedoes and tube-launched anti-ship missiles, whilst underwater or on the surface.

Meanwhile, the Indian Navy in its statement said that 13 crew members were aboard the fishing vessel at the time of the collision. It added that while 11 crew have been rescued so far, two fishermen are still reported missing.

A spokesperson from the Navy told the media that eleven crew have been rescued so far. He stated that search and rescue efforts for the remaining two crew members of Marthoma are in progress and are being coordinated with the Maritime Rescue Coordination Centre (MRCC), Mumbai. Additional assets including from the Coast Guard have been diverted to the area to augment the efforts, he continued.

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10 Naxalites killed in encounter in Chhattisgarh’s Sukma

The District Reserve Guard (DRG) and the Central Reserve Police Force (CRPF) continue their search operation in the area.

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Ten Naxalites were killed in an encounter with security forces in the Sukma district of Chhattisgarh on Friday.

The confrontation started in the morning within a forest area under the jurisdiction of the Bhejji police station, where a joint operation was being conducted by security personnel as part of an anti-Naxalite initiative, according to Inspector General of Police (Bastar Range) Sundarraj P. 

This operation was initiated following intelligence regarding the presence of Maoists connected to the Konta and Kistaram area committees, situated in the forested regions around Korajguda, Dantespuram, Nagaram, and Bhandarpadar villages.

So far, the bodies of ten Naxalites have been recovered at the scene. Additionally, a significant cache of weapons was seized, including an INSAS rifle, an AK-47, and a Self Loading Rifle (SLR). 

The District Reserve Guard (DRG) and the Central Reserve Police Force (CRPF) continue their search operation in the area. This incident contributes to the year-to-date total of 207 Naxalite fatalities recorded in various clashes across the Bastar region of Chhattisgarh, comprising seven districts. 

On Wednesday, Chhattisgarh Chief Minister Vishnu Deo Sai met with Union Home Minister Amit Shah in the national capital, North Block. Their discussion focused on developmental progress in Naxal-affected areas of Chhattisgarh and efforts aimed at enhancing peace and stability in these regions. 

The Chief Minister emphasised that both the state government and security forces are diligently working to eradicate Naxal influence in Chhattisgarh, aligning with the Union Home Minister’s commitment to eliminate Naxalism by 2026.

“I met with Union Home Minister Amit Shah and updated him about the Naxal activities in Chhattisgarh. Over the past 11 months, close to 200 Naxals have been neutralized, and approximately 600-700 have surrendered. We are making significant strides towards the goal set by the Prime Minister and Home Minister to achieve a Naxal-free India by March 2026,” CM Sai told reporters following the meeting.

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