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Judiciary and Executive spar in open court over judges’ appointments

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Judiciary and Executive spar in open court over judges' appointments

A case relating to judges’ vacancies in high courts of states of Manipur, Meghalaya and Tripura on Friday, May 4, witnessed an open clash between the judiciary and the executive in a manifestation of the tension that has built up between the two branches of the State over appointment of judges.

The Supreme Court bench of Justices Madan B Lokur and Deepak Gupta, hearing a transfer plea of a litigant from Manipur, pulled up the Centre for not clearing the names recommended by the Supreme Court Collegium for appointment as judges, causing undue harassment to litigants. Terming it “an unfortunate situation”, the SC had issued notice to the Centre on April 17.

On Friday the Attorney General KK Venugopal assured the court that appointments to high courts in the northeast would be made soon, but said that will not resolve the problem of vacancies in all high courts. “Collegium has to look at the future. Recommendations need to be made keeping in mind vacancies that will arise six months later,” Venugopal said, pointing out that though some High Courts had 40 per cent vacancy, only a few names were being recommended for appointments. “Collegium doesn’t send us the names and the government is told it is being tardy in processing,” he said.

“Why is the Collegium recommending fewer names when there are so many vacancies in high courts?” asked Venugopal.

The bench told Venugopal that this did not give the government the liberty to sit over names sent long back.

The two-judge bench asked the AG: “Tell us, how many names (recommended by the Collegium) are pending with you.”

The AG replied: “I will have to find out”.

The bench shot back: “This is the problem with you (the government). When it comes to attacking (the) judiciary, you have the data. But when it comes to the government then you say you don’t have the figures.”

The petitioner wanted the Supreme Court’s permission to challenge an order of a single judge of the Manipur High Court before the Gauhati High Court. He claimed he could not file an appeal in the Manipur High Court since it had only two judges, one of whom had given the order. The Supreme Court had sought the Attorney General’s assistance in the matter.

Venugopal said that on April 19, the Collegium recommended a name for appointment as Chief Justice of the Manipur High Court. He said he had spoken to the authorities and they had promised that the appointment would be notified “shortly”.

“Your shortly… can be several months. What are you doing?” the bench asked the AG.

Venugopal replied the government was serious about the appointment and that the same would be done in 10 days, said a report in The Hindustan Times (HT).

The bench said the situation in the North-East was ‘critical’. “In Meghalaya, there is only one judge against four. Even Tripura has just two against four. Recommendation was also made for Meghalaya. What happened to that?… People of North-East are suffering… What are they supposed to do? Should they come here to get their cases transferred to other High Courts and spend money to hire lawyers there?” the bench said.

The Attorney General remarked, in a lighter vein, that the National Judicial Appointments Commission — the NJAC Act was invalidated by the Supreme Court in 2015 — may have been more suitable for dealing with the appointment of judges.

Justice Lokur said the bench was only concerned with appointments to High Courts in the North-East and asked the Attorney General to file an affidavit explaining the position in the next 10 days.

Justice MB Lokur is one of the senior-most judges of the Supreme Court and a member of the collegium that nominates judges to the apex court. This was the first time a member of the collegium has spoken out over the stand-off between the collegium and the government on the appointment of judges, said the HT report.

Last week, while the Centre cleared the appointment of Indu Malhotra as a judge of the Supreme Court, it asked the Collegium to reconsider the recommendation that Justice KM Joseph from the Uttarakhand high court be elevated to the top court. The Collegium had recommended names of both judges together, in the first week of January.

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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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