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CJI Dipak Misra recommends appointment of Justice Ranjan Gogoi as his successor

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CJI Dipak Misra recommends appointment of Justice Ranjan Gogoi as his successor

Chief Justice of India (CJI) Dipak Misra on Tueday, September 4, sent a letter to the Ministry of Law and Justice officially endorsing and recommending the name of Justice Ranjan Gogoi as the next and 46th chief justice of India.

CJI Misra, who assumed office on August 28 last year, retires on October 2.

Justice Gogoi, pending the central government’s approval and a notification from the Rashtrapati Bhavan, will take oath as the next chief justice on October 3. He will have a tenure of 13 months till November 17, 2019.

In recommending Justice Gogoi’s name, CJI Misra has stuck to the convention of recommending the senior most Supreme Court judge as his successor.

Justice Gogoi would be the first CJI from the north-east region of the country. He is the son of Keshab Chandra Gogoi, a former Assam chief minister under the Indian National Congress regime 1982.

Justice Gogoi, who was elevated to the Supreme Court in April 2012 after a tenure as the Chief Justice of Punjab and Haryana High Court, is 63 years old and a native of Assam.

There was some speculation that Justice Gogoi could be superseded after he and three other senior judges of the court — Jasti Chelameswar (now retired), Madan B Lokur and Kurian Joseph — held an unprecedented press conference on 12 January.

The four had highlighted the trust deficit between CJI Misra and his brother judges and accused the Centre of making attempts to curb the independence of the judiciary. They had also pointed out that CJI Misra was taking away politically-sensitive cases from senior judges and assigning them to junior ones.

In the end, this did not come in the way of CJI Dipak Misra adhering to the norm.

As per the Memorandum of Procedure (MoP) governing the appointment of the CJI, the Law Minister asks the outgoing Chief Justice of India to recommend the next CJI.

Union Law Minister Ravi Shankar Prasad had written to the incumbent CJI Dipak Misra to recommend the name of his successor last week.

As per convention, the recommendation letter from the incumbent is sent at least a month before his date of retirement. Convention also requires the senior most judge of the Supreme Court be appointed Chief Justice of India.

The recommendation letter of the incumbent is the first step in the process of appointment of the next Chief Justice of India.

Justice Gogoi, who has made a reputation for speaking his mind, had just a few months ago described “independent journalists and sometimes noisy judges” as democracy’s first line of defence.

In this lecture, he had also suggested that the judiciary should “certainly be more pro-active, more on the front foot”.

“I will even go ahead to say that the institution, at all levels, needs to become more dynamic in the matters of interpretation of laws,” explained the judge.

Justice Gogoi has also been hearing the contentious National register of citizens in Assam case. He along with justice Nariman are seen to be instrumental in the preparation of the NRC in Assam.

It was by the orders of Justice Gogoi that NRC for Assam is being prepared.

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Pawan Khera faces fresh setback as Supreme Court refuses relief in passport row case

Congress leader Pawan Khera faces fresh setback as Supreme Court refuses interim relief and directs him to seek bail from Guwahati High Court.

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Pawan Khera

Congress leader Pawan Khera suffered another legal setback on Friday after the Supreme Court of India declined to extend protection in a case linked to his remarks about Himanta Biswa Sarma’s wife.

A bench of the apex court refused to interfere with an earlier order that had stayed the transit anticipatory bail granted to Khera by the Telangana High Court. This decision leaves the Congress leader open to possible arrest by Assam Police in connection with the case.

During the hearing, Khera’s counsel sought interim protection, but the court declined the request and advised him to approach the appropriate court in Assam for relief. The bench clarified that the Guwahati High Court should decide any bail plea independently and on its merits.

“Am I a terrorist?” remark during hearing

While seeking protection, Khera’s legal team expressed concern over the urgency of the situation. In court, his counsel remarked, “Am I a terrorist?” highlighting the plea for temporary relief until a fresh bail application could be filed.

The Supreme Court also raised concerns over the submission of incorrect documents during the proceedings, adding another layer to the legal complications faced by the Congress leader.

Case linked to remarks on CM’s wife

The case stems from a press conference held earlier this month, where Khera made allegations regarding the citizenship status and financial assets of the Assam Chief Minister’s wife, Riniki Bhuyan Sharma.

He had claimed that she possessed multiple passports and owned undisclosed overseas properties. These allegations were strongly denied by the Chief Minister’s family, who termed them fabricated and misleading.

Legal battle intensifies

Earlier, the Telangana High Court had granted Khera temporary transit anticipatory bail, allowing him time to seek relief from a competent court in Assam. However, the Supreme Court stayed that order following a challenge by Assam authorities, escalating the legal battle.

With the latest ruling, Khera is now expected to move the Guwahati High Court for anticipatory bail as the case continues to unfold.

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Congress suspends 5 Haryana MLAs over cross-voting in Rajya Sabha polls

Congress suspends five Haryana MLAs for cross-voting in Rajya Sabha elections, citing serious indiscipline and anti-party activities.

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The Congress has suspended five of its MLAs in Haryana for cross-voting during the recent Rajya Sabha elections, taking disciplinary action over what it described as “anti-party activities”.

The move came after the state unit reviewed the conduct of certain legislators during the polls, where some were found to have voted against the party’s authorised candidate.

Five MLAs suspended after disciplinary process

According to party sources, the MLAs were issued show-cause notices seeking an explanation for their actions. After reviewing their responses, the Congress disciplinary committee recommended suspension.

The decision was approved by the party leadership, including Congress president Mallikarjun Kharge, and has been implemented with immediate effect.

Party calls it ‘grave indiscipline’

Haryana Congress chief Udai Bhan said the action was necessary to uphold party discipline, stressing that defying the official party line during elections weakens organisational unity.

He said the party takes such violations seriously and will continue to act against any form of indiscipline.

Leadership backs strict action

Senior Congress leader and Leader of Opposition Bhupinder Singh Hooda supported the decision, saying it was taken after due consideration.

He noted that while Rajya Sabha elections are conducted through an open ballot system, allowing legislators some flexibility, the party retains the authority to initiate internal disciplinary action in cases of deviation.

Background

The action follows cross-voting reported during the recent Rajya Sabha elections in Haryana, which led to internal concerns within the party. The development has highlighted organisational challenges and prompted the leadership to take corrective steps to reinforce discipline.

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Harivansh set to be elected Rajya Sabha Deputy Chairperson unopposed

Harivansh is set to be elected unopposed as Rajya Sabha Deputy Chairman after no opposition nominations were filed before the deadline.

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Former Rajya Sabha Deputy Chairman Harivansh is set to be re-elected to the same post unopposed in the election due to be held later today.
The date has been fixed by the Chairman under the relevant rules governing the conduct of business in the Upper House.
According to sources, the deadline for submitting motions for the election was 12 noon on April 16. A total of five notices were received within the stipulated time, all proposing Harivansh for the post.

Multiple nominations, single candidate
The motions were submitted by members across parties, including Jagat Prakash Nadda, Nitin Nabin, Nirmala Sitharaman, Sanjay Kumar Jha, and Jayant Chaudhary, each backed by seconding members.
All five motions explicitly state that Harivansh be chosen as the Deputy Chairman of the Rajya Sabha.

No opposition nomination filed

Notably, no motion was submitted by the Opposition before the deadline. This effectively clears the path for a unanimous election, as there is no contest for the position.
As per parliamentary procedure, motions will be taken up one by one. Once any one motion is adopted by the House, the remaining motions will not be put to vote.

Likely to be elected by voice vote
In line with established practice, the first motion — expected to be moved by Nadda — may be adopted through a voice vote. Following this, the Chairman will formally declare Harivansh as elected Deputy Chairman.
After the declaration, Harivansh will be escorted to the Chair by members from both the Treasury and Opposition benches, adhering to parliamentary convention.

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