English हिन्दी
Connect with us

Latest world news

Justice Chelameswar refuses to hear PIL on allocation of cases in SC, says “reasons are too obvious”

Published

8 years ago

on

Justice Chelameswar refuses to hear PIL on allocation of cases in SC, says “reasons are too obvious”

A Supreme Court Bench led by Justice Jasti Chelameswar on Thursday, April 12, turned down an urgent mentioning to list for hearing a petition seeking clarification on the role of Chief Justice of India (CJI) as ‘master of the roster’ and specify that the CJI’s authority as such should not be reduced to an absolute, singular and arbitrary power.

This comes a day after a bench headed by Chief Justice Dipak Misra ruled that constitution of benches of the top court allocation of cases is exclusive prerogative of the CJI.

Justice Chelameswar – the senior-most judge after the Chief Justice – refused to hear the PIL filed on behalf of former Union minister Shanti Bhushan, commenting: “There is nothing much I can do in this. I am sorry. You please understand my difficulty… With two months left, I don’t want to hear that I am trying to grab some office. I do not want another reversal of my order in 24 hours. This is why I can’t do it. Let the nation decide its own course.”

Justice Chelameswar was referring to his earlier order which was quashed on November 10, 2017 by a Constitution Bench headed by CJI in the Campaign for Judicial Accountability and Reforms (CJAR) case.

Justice Chelameswar, who has been critical of Chief Justice Dipak Misra’s handling of the roster and had, along with three other senior judges, held an unprecedented press conference to slam CJI’s allocation of important cases to benches headed by junior judges, said that reasons for him not hearing Shanti Bhushan’s petition were “too obvious”.

A report by news agency PTI quoted Justice Chelameswar as saying: “someone is running a relentless tirade against me that I am up to grab something (sic)… Please understand my difficulty.”

The former law minister’s son and advocate Prashant Bhushan, however, persisted with the request to have the petition heard, claiming that the plea had been filed 10 days ago but the Supreme Court registry was yet to list it before a bench.

A report in The Hindu said that it was then that Justice Chelameswar’s puisne judge, Justice Sanjay Kishan Kaul, to say that retirement is looming for his senior brother judge and Justice Chelameswar should be spared from being dragged into controversy.

Prashant Bhushan was then forced to move to the court of Chief Justice Dipak Misra with his request to have his father’s petition heard. It may be recalled that while filing the PIL, the Bhushans had urged the Supreme Court registry to not list the plea before a bench headed by the Chief Justice.

In Court No. 1, as Prashant Bhushan urged the judges to list the petition for hearing, Justice DY Chandrachud asked: “have the defects (in the petition) been removed?” With Prashant Bhushan replying in the affirmative and adding that he had earlier urged the court of Justice Chelameswar to hear the matter but that his bench conveyed to him that “it could not do anything about it”, Chief Justice Dipak Misra said: “we will look into it.”

The petition by the Bhushans seeks a ruling by the apex court on the administrative authority of the Chief Justice in his capacity as the apex court’s master of roster and for laying down the principles and procedure to be followed while allocation of cases to various benches.

The Wednesday (April 11) verdict delivered by a bench headed by Chief Justice Dipak Misra himself against a petition filed by Allahabad-based lawyer Asok Pande ruled that constitution of benches of the top court allocation of cases is exclusive prerogative of the CJI.

Several jurists and former judges of the Supreme Court and various high courts have criticised the verdict, arguing that the CJI should have recused himself from hearing the petition filed by Pande as the petition directly concerned him.

The April 11 verdict, delivered by the bench that also comprised of Justices AM Khanwilkar and DY Chandrachud, reaffirms that the Chief Justice is “the first among equals” and “in the allocation of cases and the constitution of benches… has an exclusive prerogative.”

The 16-page verdict, authored by Justice Chandrachud, had dismissed Pande’s plea terming it as “scandalous” and said: “Underlying the submission that the constitution of Benches and the allocation of cases by the Chief Justice must be regulated by a procedure cast in iron is the apprehension that absent such a procedure the power will be exercised arbitrarily. In his capacity as a Judge, the Chief Justice is primus inter pares: the first among equals… Article 146 reaffirms the position of the Chief Justice of India as the head of the institution… As a repository of constitutional trust, the Chief Justice is an institution in himself… The ultimate purpose behind the entrustment of authority to the Chief Justice is to ensure that the Supreme Court is able to fulfil and discharge the constitutional obligations which govern and provide the rationale for its existence. The entrustment of functions to the Chief Justice as the head of the institution is with the purpose of securing the position of the Supreme Court as an independent safeguard for the preservation of personal liberty. There cannot be a presumption of mistrust. The oath of office demands nothing less.”

On the issue of how judges must be selected for various benches and to hear different kinds of cases that come before the apex court, the verdict had said: “the petitioner (Asok Pande) seems to harbour a misconception that certain categories of cases or certain courts must consist only of the senior-most in terms of appointment. Every Judge appointed to this Court under Article 124 of the Constitution is invested with the equal duty of adjudicating cases which come to the Court and are assigned by the Chief Justice. Seniority in terms of appointment has no bearing on which cases a Judge should hear… every Judge of the Court is entitled to and in fact, duty bound, to hear such cases as are assigned by the Chief Justice…”

“To suggest that any Judge would be more capable of deciding particular cases or that certain categories of cases should be assigned only to the senior-most among the Judges of the Supreme Court has no foundation in principle or precedent. To hold otherwise would be to cast a reflection on the competence and ability of other judges to deal with all cases assigned by the Chief Justice notwithstanding the fact that they have fulfilled the qualifications mandated by the Constitution for appointment to the office,” the verdict said.

—With inputs from India Legal Bureau and agencies

Related Topics:
Continue Reading

Latest world news

Moscow says no word from India on stopping Russian oil purchases

Russia says it has received no confirmation from India on stopping Russian oil purchases, despite Donald Trump’s claim that the move was part of a new India-US trade deal.

Published

29 mins ago

on

February 4, 2026

By

Vladimir Putin

The Kremlin on Tuesday said it has not received any official communication from India regarding a halt in Russian oil purchases, following claims by US President Donald Trump that New Delhi had agreed to stop buying Russian crude as part of a trade agreement with Washington.

Kremlin spokesperson Dmitry Peskov told reporters that Moscow had not heard any confirmation from Indian authorities on the matter.

“So far, we haven’t heard any statements from New Delhi on this matter,” Peskov said, responding to Trump’s remarks linking reduced US tariffs on Indian goods to an alleged commitment by India to end Russian oil imports.

Russia stresses importance of ties with India

Peskov said Russia respects bilateral relations between India and the United States but underlined the strategic importance of ties between Moscow and New Delhi.

“We respect bilateral US-Indian relations,” he said, adding that Russia places equal importance on its strategic partnership with India.
“This is the most important thing for us, and we intend to further develop our bilateral relations with Delhi.”

What Trump claimed

Trump announced the India-US trade deal on Monday, stating that tariffs on Indian goods had been reduced from 50 per cent to 18 per cent. He claimed the reduction was linked to India agreeing to stop purchasing Russian oil.

According to Trump, India would instead buy more oil from the United States and potentially from Venezuela. He also suggested that the move would help bring an end to the war in Ukraine.

“He agreed to stop buying Russian oil and to buy much more from the United States and, potentially, Venezuela,” Trump said, referring to Prime Minister Narendra Modi.

India’s reliance on Russian crude

India has emerged as one of the largest buyers of Russian crude since the start of the Ukraine conflict. It currently imports around 1.5 million barrels of Russian oil per day, accounting for more than one-third of its total oil imports, according to global trade data.

India is the second-largest purchaser of Russian crude globally. Even after earlier US tariff measures on Indian goods, New Delhi continued its Russian oil imports, citing energy security concerns.

The Indian government has consistently maintained that securing affordable energy supplies is critical, given the country’s heavy dependence on oil imports.

Shift in energy ties after Ukraine war

Historically, India’s relationship with Russia was centred more on defence cooperation than energy trade, with Russia supplying a majority of India’s military equipment while contributing only a small share of its oil imports.

After the invasion of Ukraine, India significantly increased purchases of discounted Russian oil. The move helped India boost energy supplies while providing Russia with much-needed revenue amid Western sanctions.

As recently as December 2025, Russian President Vladimir Putin said during a visit to New Delhi that Moscow was ready to ensure uninterrupted fuel supplies to India despite pressure from the United States.

Earlier US push for Indian energy imports

Trump had earlier said, following a meeting with Prime Minister Modi in February last year, that India would begin buying more American oil and natural gas. However, those discussions did not lead to a major shift in India’s energy sourcing.

Subsequent US tariff measures also failed to significantly alter India’s stance on Russian oil imports.

Continue Reading

India News

Markets surge as Nifty jumps 750 points after India-US trade deal

Indian equity markets rallied sharply with Nifty and Sensex posting strong gains after the India-US trade agreement announcement.

Published

1 day ago

on

February 3, 2026

By

Sensex

The Indian equity markets opened sharply higher on Tuesday morning, buoyed by optimism following the announcement of a trade agreement between India and the United States.

In early trade, the Nifty jumped around 750 points, while the Sensex surged nearly 2,400 points, reflecting strong investor confidence hours after the deal was made public.

The rally came after US President Donald Trump announced that Washington would slash tariffs on Indian goods to 18 per cent from 50 per cent, as part of a broader trade agreement with New Delhi. In return, India agreed to halt purchases of Russian oil and lower trade barriers, according to the announcement.

President Trump shared the development in a post on his social media platform, calling it a major trade breakthrough. The announcement was followed by a message from Prime Minister Narendra Modi, who thanked the US President on behalf of the people of India for the decision.

Rupee opens stronger against dollar

The positive sentiment was also reflected in the currency market. The Indian rupee opened stronger at 90.40 against the US dollar, gaining 1.10 rupees in early trade, supported by expectations of increased foreign investor inflows following the deal.

Asian markets rebound

Asian markets also traded higher, adding to the positive global cues. Japan’s Nikkei rose about 2.5 per cent, recovering from previous losses, while South Korea’s KOSPI climbed nearly 4 per cent. Market sentiment was further supported by signs of improved US factory activity overnight.

Futures indicated a recovery in Hong Kong markets, while S&P 500 futures were up around 0.3 per cent, as investors tracked upcoming corporate earnings.

With global cues turning favourable and optimism surrounding the India-US trade agreement, Indian markets are expected to remain buoyant, with investors closely watching further developments during the trading session.

Continue Reading

Latest world news

Trump announces trade deal with India, claims New Delhi will stop buying Russian oil

Donald Trump announces a trade deal with India, reducing US tariffs to 18 per cent and claiming New Delhi will halt Russian oil purchases.

Published

1 day ago

on

February 3, 2026

By

US President Donald Trump on Tuesday announced that the United States and India have agreed to a trade deal that will reduce American tariffs on Indian goods from 25 per cent to 18 per cent. The announcement was made through a post on Trump’s social media platform, Truth Social.

According to Trump, the decision was taken “out of friendship and respect” for Prime Minister Narendra Modi and at the Indian leader’s request. He stated that the revised tariff would take effect immediately, with remaining formalities to be completed in the coming days.

Prime Minister Modi, in a post shortly after Trump’s announcement, thanked the US President for what he described as a significant step, expressing appreciation on behalf of India’s population.

Tariff reduction to be finalised soon

While neither government initially shared detailed terms of the agreement, the US ambassador to India later indicated that further clarity would follow. In an interaction with media, he confirmed that the overall tariff on Indian goods entering the US market would stand at 18 per cent once the deal is formally concluded.

He added that some procedural aspects are still pending, but the tariff rate itself has been agreed upon and is not expected to change.

Trump also claimed that India would move to reduce its own tariffs and non-tariff barriers on US goods to zero, though no official statement from the Indian side has detailed such measures so far.

Claim on Russian oil purchases

In his post, Trump further asserted that India has agreed to stop buying Russian oil and instead increase its energy purchases from the United States and potentially Venezuela. He linked this claim to broader geopolitical developments, stating that such a move would contribute to ending the war in Ukraine.

There has been no official confirmation from New Delhi regarding any commitment to halt Russian oil imports.

Timing linked to wider trade developments

The announcement comes soon after India concluded a major free trade agreement with the European Union following prolonged negotiations. That agreement provides India with expanded access to the EU market, particularly in pharmaceuticals and medical devices, and is expected to support manufacturing, employment and MSMEs.

The tariff reduction by the US was also announced a day after India presented its annual budget, which included measures aimed at addressing challenges arising from higher US tariffs imposed earlier.

Background of stalled negotiations

Trade talks between India and the US had slowed in recent months after Washington imposed a steep tariff on Indian goods over continued energy purchases from Russia. Negotiations resumed following renewed engagement between the two sides, including high-level discussions between the two leaders.

Officials had earlier indicated that progress was being made toward a trade agreement, with cooperation expanding across areas such as technology, energy, defence and trade.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com