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Indu Malhotra to be first woman to be promoted from Bar to SC judgeship

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Indu Malhotra to be first woman to be promoted from Bar to SC judgeship

Supreme Court Collegium also recommends elevation of Uttarakhand Chief Justice KM Joseph as judge of the apex court

In a first, the Supreme Court Collegium has decided to elevate a woman lawyer – Indu Malhotra – straight from the Bar Council to be made a judge of the apex court.

Indu Malhotra to be first woman to be promoted from Bar to SC judgeshipThe Collegium, comprising senior-most judges of the Supreme Court – Chief Justice Dipak Misra, Justices Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph – has, according to media reports, recommended unanimously the appointment of Malhotra and Uttarakhand Chief Justice KM Joseph as judges of the apex court.

It is pertinent to note that in the first 39 years of its existence, the Supreme Court’s judiciary had no woman member. The glass ceiling was broken in 1989 with the appointment of Justice Fathima Beevi as a judge of the Supreme Court. Justice Beevi was not just the first woman judge of the Supreme Court but also the first Muslim woman to have made it to India’s higher judiciary. The other women judges of the Supreme Court have been Justice Sujatha Manohar,  Justice Ruma Pal, Justice Gyan Sudha Misra and Justice Ranjana Desai.

With Malhotra’s appointment, the Supreme Court will now have two sitting women judges, the other being Justice R Banumati. Malhotra would be one of only seven women judges that the apex court has had so far since independence.

However, this won’t be the first time that the apex court will have two sitting women judges. Speaking to India Legal, Justice (retired) Gyan Sudha Misra said: “Little after Justice Ruma Pal retired I was elevated to the Supreme Court and was the only lady judge for a while before Justice Ranjana Desai was elevated to the SC. Justice Desai and I served as judges of the Supreme Court together for a while.”

However, when asked for her views on the direct elevation of a lawyer to the SC judgeship, Justice (retd) Misra said: “It is the Collegium’s decision and I would not like to comment on it”.

Malhotra had, in 2007, become the second woman to be designated as a Senior Advocate by the Supreme Court. A expert on arbitration, Malhotra has authored the third edition of The Law and Practice of Arbitration and Conciliation, 2014 and has appeared in various domestic and international commercial arbitrations. She has also served as a member of the Centre-appointed High Level Committee (HLC) in the Ministry of Law and Justice to review ‘Institutionalization of Arbitration Mechanism in India’.

Daughter of the late Om Prakash Malhotra, a legal luminary himself with pioneering work in the legal disciplines of industrial disputes and arbitration, Indu Malhotra had enrolled as a lawyer in the Bar Council of Delhi in 1983. Then, in 1988 she qualified as an Advocate-on-Record (AoR) in the Supreme Court and also served as Standing Counsel for the State of Haryana and represented statutory bodies like the Securities Exchange Board of India (Sebi), Delhi Development Authority (DDA), Council for Scientific and Industrial Research (CSIR), Indian Council for Agricultural Research (ICAR), before the Supreme Court.

The Collegium’s other pick for the Supreme Court judiciary – Uttarakhand Chief Justice KM Joseph – is also an interesting one. It was Justice Joseph who had, in 2016, struck down the imposition of President’s Rule in Uttarakhand by the Narendra Modi-led government and allowed Congress’ Harish Rawat to prove his strength in the state assembly. The decision had paved the way for Harish Rawat to return as Uttarakhand chief minister following the controversial defections to the BJP that had been orchestrated by his predecessor and then party colleague Vijay Bahuguna. A month after he delivered this verdict, the Supreme Court Collegium had recommended Justice Joseph’s transfer to the joint high court for Andhra Pradesh and Telangana in Hyderabad. However, the Modi government refused to clear the transfer, instead choosing to keep the Chief Justice’s post vacant. The high court at Hyderabad still does not have a full-time Chief Justice.

The Collegium has also regularised Chief Justices of five High Courts which currently had acting chief justices. Justice J Bhattacharaya, who is presently chief justice of Calcutta High Court, will be the new chief justice of Delhi High Court, taking over from Justice Gita Mittal who has been serving as the acting chief justice of the court for several months now.

Chief Justice of the Chattishgarh High Court, Justice TB Radhakrishnan, has been transferred to the Andhra Pradesh High Court which Justice Abhilasha Kumari of the Gujarat High Court has been transferred to Manipur as chief justice. The Collegium has also appointed Justice A Dominic as chief justice of the Kerala High Court while Justice Ajay Rastogi has been transferred to the Tripura High Court. Justice Surya Kant of the Punjab and Haryana High court will be the new chief justice of Himachal Pradesh.

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Manipur: Congress hits back at BJP chief Nadda’s letter to Kharge

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

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The Congress on Friday lashed out at BJP president JP Nadda’s accusations that the Opposition party was promoting a politically motivated narrative concerning the situation in Manipur.

The grand old party described Nadda’s letter to Congress chief Mallikarjun Kharge as a 4D exercise, which means denial, distortion, distraction, and defamation.

Nadda, responding to Kharge’s call for President Droupadi Murmu’s intervention and his claims of the Centre’s total failure in managing the crisis, claimed that the consequences of Congress’s “abject failure” in handling local issues in Manipur during its governance are still being felt today.

Responding to Nadda, Congress General Secretary for Communications Jairam Ramesh stated, “Congress President Kharge ji wrote to the President of India on Manipur. Apparently, to counter that letter, the BJP President has now written to the Congress President.”

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

He noted that they are posed with four critical questions: When will the Prime Minister visit the state? How much longer will the Chief Minister remain in office despite lacking majority support? When will a full-time Governor be appointed? And when will the Union Home Minister be held accountable for his failures in Manipur?

Nadda expressed astonishment at the Congress’s ongoing efforts to sensationalize the situation in Manipur, pointing out that Kharge appeared to overlook the fact that his party’s past government had legitimized the illegal migration of foreign militants to India, during which former Home Minister P Chidambaram had signed relevant treaties.

On Tuesday, Kharge had written to President Murmu regarding the worsening conditions in Manipur, requesting her immediate intervention to ensure that the citizens of the state can live peacefully and with dignity.

In his two-page letter, Kharge accused both the Union and Manipur state governments of “completely failing” to restore peace and normalcy over the past 18 months, resulting in a loss of public confidence in their leadership.

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Rahul Gandhi is right, Gautam Adani should be arrested: RJD president Lalu Yadav

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

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RJD president Lalu Prasad Yadav on Friday spoke in support of Congress leader Rahul Gandhi’s demand for immediate arrest of Gautam Adani, after the Industrialist was charged in the US for alleged bribery and fraud.

Gandhi, the Leader of Opposition in the Lok Sabha, said on Thursday that Gautam Adani should be arrested immediately, and his protector Madhabi Puri Buch should be investigated

The former Congress chief claimed that the recent developments vindicate his long-standing allegations against Gautam Adani. He took a sharp dig at Prime Minister Narendra Modi and alleged that Modi is protecting Adani, and is also involved in corruption. 

Yadav, the former chief minister of Bihar, was responding to queries from journalists here about Gandhi’s statement on the previous day, in the backdrop of charges of bribery and fraud against the Adani group in the US.

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

The RJD supremo, who incidentally has been convicted in several fodder scam cases and is on bail, was also asked about prospects of the INDIA bloc, of which his party is a part, in Jharkhand, where the counting of votes for assembly polls is scheduled on Saturday.

Speaking to PTI, the ailing septuagenarian replied, “I would like to remain focused on my statement that Adani must be arrested. I am not worried much about a new government (in Jharkhand) where we are already in power.” Jharkhand witnessed a straight battle between the INDIA bloc and the BJP-led NDA, which included the JD(U) headed by Nitish Kumar, Prasad’s arch-rival and the current Chief Minister of Bihar.

Addressing a press conference on Thursday, Gandhi further said that Chief Ministers have been jailed for scams of Rs 10-15 crore, but Adani, who has committed a scam of Rs 2000 crore is walking free.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

The BJP leader said the allegations against him were false, baseless and made with malafide intentions.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

BJP leader Vinod Tawde, accused of distributing cash to influence voters, has sent a legal notice to Congress leaders Mallikarjun Kharge, Supriya Shrinate and Rahul Gandhi over the controversy. The BJP leader has demanded their apologies or face a Rs 100-crore defamation case.

Vinod Tawde’s legal notice came after regional party Bahujan Vikas Aghadi (BVA) leader Hitendra Thakur on Tuesday accused him of distributing Rs 5 crore at a hotel in Virar in Palghar district, 60 km from Mumbai, to woo voters.

In the legal notice, the BJP leader said the allegations against him were false, baseless and made with malafide intentions. He claimed that he demanded an apology from the three Congress leaders for their remarks against him in the cash-for-votes row or he would be forced to initiate criminal proceedings against them.

Just a few hours before the Assembly Elections, a video went viral on Tuesday showing BVA workers storming into the hotel in Palghar during a meeting between Vinod Tawde and Rajan Naik, the BJP candidate from the Nalasopara seat. The BVA workers alleged that Tawde was caught red-handed with Rs 5 crore cash.

In the viral video, the BVA workers were seen taking out bundles of cash from a bag, while Tawde was sitting at a distance. The BVA workers also took pictures and videos of him on their phones. Amid these allegations, BVA leaders said that Rs 5 crore cash was distributed, an election official on Tuesday said Rs 9.93 lakh cash was recovered from the hotel rooms.

However, Vinod Tawde denied the allegation, saying he was only providing guidance to party workers on poll procedures and said he was not stupid enough to distribute money at his opponent’s hotel. Speaking to the media, he said that the Vivanta Hotel is owned by the Thakurs, and he is not stupid to go to their hotel and distribute money there.

The Police registered two FIRs against Tawde, BJP candidate Naik and others in connection with the controversy. Additionally, the Election Commission filed three FIRs against Tawde.

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