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

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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

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Russian missile strike on religious holiday kills 21 in Sumy, President Zelenskiy condemns Palm Sunday attack

A Russian missile attack on Ukraine’s Sumy killed 21 people and injured 83 on Palm Sunday, prompting President Zelenskiy to urge strong global action against Moscow.

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Sunday Palm Attack, Zelensky condemns

At least 21 people were killed and 83 others wounded in a Russian ballistic missile strike on the northern Ukrainian city of Sumy on Sunday morning, in what has been described as one of the deadliest attacks on Ukraine this year. The strike hit a bustling area of the city, with victims found on the streets, in public transport, vehicles, and buildings, Ukrainian officials said.

The timing of the attack – on Palm Sunday, a significant Christian religious day – has added to the outrage. Ukrainian President Volodymyr Zelenskiy denounced the strike, calling for a strong international response and labeling it an act of terror.

“Only scoundrels can act like this. Taking the lives of ordinary people… on a day when people go to church: Palm Sunday,” Zelenskiy posted on social media, along with harrowing footage showing bodies lying on the street, a destroyed bus, and charred vehicles.

Civilian destruction called ‘deliberate’

Ukraine’s Interior Minister Ihor Klymenko said the missile strike deliberately targeted civilians during a religious feast day. “Deliberate destruction of civilians on an important church feast day,” Klymenko wrote. He confirmed that the victims included people on foot, traveling in public transport, in private vehicles, and inside buildings at the time of the impact.

The strike triggered an outpouring of grief and condemnation across Ukraine and the international community.

US envoy visit sparks fresh scrutiny

The missile attack came just two days after U.S. envoy Steve Witkoff, a special representative of former President Donald Trump, held talks with Russian President Vladimir Putin in St. Petersburg as part of an effort to negotiate a peace deal. The timing of the Sumy strike has drawn criticism from Ukrainian officials, with Andriy Kovalenko, head of Ukraine’s Centre for Countering Disinformation, accusing Russia of “building diplomacy around strikes on civilians.”

“Russia is building all this so-called diplomacy… around strikes on civilians,” he posted on Telegram.

Zelenskiy reiterated his demand for stronger U.S. and European action, stating that missile strikes and aerial bombs cannot be stopped by talks alone. “Russia wants exactly this kind of terror and is dragging out this war. Without pressure on the aggressor, peace is impossible,” he warned.

War continues despite ceasefire talk

The missile strike on Sumy underscores the ongoing intensity of the war, which began with Russia’s full-scale invasion in February 2022. Russia currently occupies around 20% of Ukraine’s territory in the east and south. Although both nations agreed last month to avoid strikes on each other’s energy infrastructure, Russia claimed on Saturday that Ukraine carried out five attacks on its energy facilities – calling it a violation of the U.S.-brokered moratorium.

Ukraine, however, maintains that it is Russia that has repeatedly breached the pause with continued drone and missile strikes on Ukrainian civilian areas.

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China reacts after Zelensky accuses Russia of dragging Beijing into Ukraine war

Without directly naming Zelensky, Lin urged all concerned parties to “correctly and soberly understand China’s role and refrain from making irresponsible statements.”

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China on Thursday, April 10, reiterated its commitment to promoting peace in the Ukraine conflict while cautioning against “irresponsible remarks” from relevant parties, in an apparent response to Ukrainian President Volodymyr Zelensky’s recent allegations.

Zelensky had claimed on Wednesday that 155 Chinese citizens were fighting alongside Russian forces in Ukraine, a statement that drew sharp rebuttals from both Beijing and Moscow.

During a regular news conference, Chinese Foreign Ministry spokesperson Lin Jian emphasized China’s neutral position, stating, “I would like to reiterate that China is neither the initiator of the Ukrainian crisis nor a participating party. We are a firm supporter and active promoter of a peaceful settlement.”

Without directly naming Zelensky, Lin urged all concerned parties to “correctly and soberly understand China’s role and refrain from making irresponsible statements.”

China, which has maintained a “no-limits” strategic partnership with Russia since early 2022, has positioned itself as a mediator in efforts to end the war, avoiding any direct criticism of Russia’s full-scale invasion of Ukraine that began in February of that year.

Lin also reiterated Beijing’s official guidance to its citizens, urging them to avoid armed conflict zones and “refrain from participating in military actions on either side.”

Zelensky’s comments stemmed from reports of two Chinese nationals captured by Ukrainian forces in eastern Ukraine, where Russian troops have been making gains. He alleged that Russia was recruiting Chinese citizens through social media, with the knowledge of Chinese officials, and that Ukraine’s security services had compiled detailed lists including names, birth dates, and military unit assignments of these individuals.

Zelensky further suggested that Ukraine was investigating whether these recruits were acting under instructions from Beijing, labeling their involvement as Russia’s “second mistake” in the war—following what he and Western nations describe as the deployment of over 11,000 North Korean troops to Russia’s Kursk region.

Meanwhile, the Kremlin, on the same day, dismissed Zelensky’s assertions that China was being drawn into the conflict.

Kremlin spokesperson Dmitry Peskov told reporters, “This is not the case. China maintains a balanced position. China is our strategic partner, friend, and comrade.” Peskov argued that Moscow was not pulling Beijing into the fray and countered, “Zelenskyy is wrong.”

The backdrop to these exchanges is the deep ties between Russia and China, which were formalized days before President Vladimir Putin ordered the invasion of Ukraine in February 2022. This partnership has allowed both nations to coordinate closely on geopolitical issues, with China often acting as a counterbalance to Western influence.

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Nightclub roof collapse in Dominican Republic: Toll crosses 114

As concrete slabs crashed down, more than 114 people were killed, and many others were trapped on a packed dance floor where attendees were enthusiastically enjoying a merengue concert early Tuesday morning. Authorities reported over 255 injuries.

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The iconic Jet Set nightclub in Santo Domingo was bustling with musicians, athletes, and government officials when debris began to fall from the ceiling, landing in patrons’ drinks.

Tragedy struck with the collapse of the entire roof, claiming the lives of at least 98 individuals and injuring around 160 in one of the worst nightclub disasters in the Dominican Republic’s history. As concrete slabs crashed down, more than 114 people were killed, and many others were trapped on a packed dance floor where attendees were enthusiastically enjoying a merengue concert early Tuesday morning. Authorities reported over 255 injuries.

Among the deceased was Rubby Pérez, a beloved merengue star who had been performing just moments before the calamity. His body was recovered early Wednesday, according to emergency operations director Juan Manuel Méndez.

Rescue teams continued to search for survivors more than a day after the incident. “We will remain here as long as there are reports of missing persons,” Méndez stated.

Assistance arrived from rescue teams from Puerto Rico and Israel on Wednesday to aid local officials in their efforts.

As night fell on Tuesday, families and friends still searching for their loved ones gathered outside the club, where a guitarist played soothing melodies while they sang hymns.

Only 32 victims have been identified thus far in what is marked as one of the Dominican Republic’s deadliest disasters. Reports indicate that among the victims were a cardiologist, a government architect, a retired police officer, and the brother of the vice minister of Youth.

Also among the deceased are MLB pitcher Octavio Dotel and Dominican player Tony Enrique Blanco Cabrera, as confirmed by Satosky Terrero, spokesperson for the Professional Baseball League.

Nelsy Cruz, the Governor of Montecristi province and sister of seven-time MLB All-Star Nelson Cruz, informed President Luis Abinader about the disaster. Tragically, she called for help from beneath the rubble but later succumbed to her injuries in a hospital.

Other casualties included saxophonist Luis Solís, who was performing on stage when the roof fell, several Venezuelan bartenders, and an Army officer who left behind four daughters. Grupo Popular, a financial services firm, noted that three of its employees perished, including the president of AFP Popular Bank and his wife. Unfortunately, many more victims remain unidentified.

“I’ve searched all the hospitals and haven’t found her,” lamented Deysi Suriel, who was desperately trying to locate her friend, 61-year-old Milca Curiel, during her vacation in the Dominican Republic.

Numerous anxious relatives flocked to the National Institute of Forensic Pathology to search through lists of victims, while others scoured hospitals, clutching photos of their loved ones.

“There’s a lot of pain,” commented Senator Daniel Rivera, the former public health minister. “We must exercise patience.”

Among those desperately looking for their families was Kimberly Jones, whose godson, 45-year-old artist Osiris Blanc, and his friends were unaccounted for.

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