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Collegium recommends making 37 additional judges in 5 high courts permanent

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NRI admission to minority college: SC refers case back to high court

The Supreme Court Collegium of Chief Justice Dipak Misra and Justices J Chelameswar and Ranjan Gogoi has unanimously recommended to the Centre to appoint 37 additional judges – including five women judges – serving across five high courts as permanent judges.

The decision of the Collegium comes at a time when there is uncertainty over whether or not the Centre will accept its earlier recommendation of appointing two judges to the Supreme Court.

The Collegium had last month unanimously recommended to the Centre to elevate Uttarakhand Chief Justice KM Joseph as judge of the apex court. It had also recommended the appointment of senior advocate Indu Malhotra as a Supreme Court judge; if the Centre accepts this recommendation then Malhotra would become the first ever woman lawyer to be elevated straight from the Bar to the Supreme Court bench. However, it is learnt that the Centre is reluctant to accept these recommendations, particularly the elevation of Justice Joseph, of the Collegium.

On Friday, the Collegium passed five resolutions recommending that the 37 additional judges in the high courts of Allahabad, Kerala, Gujarat, Rajasthan and Bombay be made permanent.

According to the Collegium’s resolution with regard to appointments at the Bombay High Court, additional judges Justices Prakash Deu Naik, Makarand Subhash Karnik, Swapna Sanjiv Joshi, Kishor Kalesh Sonawane, Sangitrao Shamrao Patil, and Nutan Dattaram Sardessai, have been recommended to be made permanent. They were appointed as additional judges of the High Court in March 2016.

Though not naming any particular judge from this list, the Collegium’s resolution states: “We have taken note of certain complaints making allegations against some of the above-named recommendees (of the Bombay High Court). We do not see any merit in the aforesaid complaints as the allegations made therein are false, frivolous or without any substance. In our considered view, the said complaints deserve to be ignored, particularly, in the light of positive material on record… the Collegium finds all the above-named Additional Judges suitable for being appointed as Permanent Judges.”

Similarly, the Collegium has recommended that all seven additional judges of the Gujarat High Court be made permanent. Justices RP Dholaria, Ashutosh J Shastri, Biren A Vaishnav, Alpesh Y Kogje, Arvindsingh I Supehia, and BN Karia figure in this list. Further, Justice KJ Thaker, an additional judge from the Gujarat High Court who had been transferred to the Allahabad High Court, has also been recommended to be made a permanent judge and will continue to serve in his current posting.

The Collegium’s resolution with regard to the additional judges of the Gujarat High Court states: “As per record, Dr. Justice K.J. Thaker (who hails from Gujarat High Court and at present is functioning, on transfer, in Allahabad High Court) and Mr. Justice R.P. Dholaria were initially appointed for a period of two years on 4th May, 2013 and their term as Additional Judges had to be extended for a period of one year w.e.f. 4th May, 2015 since at the relevant time permanent vacancies were not available to accommodate them. The record further shows that their term having been further extended for a period of two years is now due to expire on 3rd May, 2018.”

With specific reference to Justice KJ Thaker, the Collegium resolution says: “As regards Dr. Justice K.J. Thaker, the record shows that the Chief Justice of Allahabad High Court has forwarded statistics for the period of his tenure in that High Court and has stated inter alia that he has not received any written complaint against Dr. Justice K J Thaker either from the office bearers or members of the Bar Association.” It further adds: “We have taken note of certain complaint/s placed in the file by the Department of Justice as well as those received in the office of Chief Justice of India. Therein, allegations have been made against some of the above-named recommendees (from the Gujarat High Court). We do not see any merit in the aforesaid  complaints as the allegations made therein are found to be false, without any substance or are not supported by any reliable evidence/document. As they do not call for any action, in our considered view, the said complaints deserve to be ignored…”

From the Kerala High Court, the Collegium has decided to recommend that additional judges Justices Sathish Ninan, Devan Ramachandran, P Somarajan, V Shircy, and AM Babu be made permanent judges.

The maximum number of additional judges to be recommended for being made permanent – 10 – are from the Rajasthan High Court.

From the Rajasthan High Court, the Collegium has recommended that Justices Ganga Ram Moolchandani, Deepak Maheshwari, Vijay Kumar Vyas, Goverdhan Bardhar, Pankaj Bhandari, Dinesh Chandra Somani, Sanjeev Prakash Sharma, Dr. Pushpendra Singh Bhati, Dinesh Mehta, and Vinit Kumar Mathur be made permanent. The resolution noted that there were “certain complaints making allegations” against some of these judges too but that the Collegium did not see any merit in these complaints that the “complaints deserve to be ignored”.

The additional judges recommended to be made permanent at the Allahabad High Court are: Justices Rajul Bhargava, Siddhartha Varma, Sangeeta Chandra, Daya Shankar Tripathi, Shailendra Kumar Agrawal, Sanjay Harkauli, Krishna Pratap Singh, Rekha Dikshit, and Satya Narain Agnihotri.

Interestingly, while the Collegium of the Allahabad High Court, Uttar Pradesh Governor Ram Naik and Chief Minister Yogi Adityanath had collectively endorsed names of 10 additional judges of the Allahabad High Court to be made permanent, the Supreme Court Collegium has approved only the above mentioned nine judges while holding back the name of Justice Mr. Justice Virendra Kumar-II.

The Collegium’s resolution on the Allahabad High Court judges says: “Taking into consideration the material on record, the recommendation of the High Court Collegium, views of our consultee-colleagues and the report of the Judgment Evaluation Committee, the Collegium finds the above-named Additional Judges, except Mr. Justice Virendra Kumar-II, suitable for being appointed as Permanent Judges. We are of the view that the working of Mr. Justice Virendra Kumar-II as Additional Judge needs to be observed for some more time.”

— With Agency inputs

India News

India Metro Rail Network May Overtake US in 2 Years

India’s metro rail network has reached 1,170 km across 26 cities. Union minister Manohar Lal said the country could overtake the US in network length within two years.

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Manohar Lal Khattar

India is on track to become the country with the second-largest metro rail network in the world after China, with Union Minister Manohar Lal saying the country could overtake the United States within the next two years.

India’s metro rail network has now expanded to 1,170 km across 26 cities. The network is only 216 km shorter than the US metro rail network, which stands at 1,386 km, according to figures cited by the minister.

India’s metro network expands rapidly

Speaking after the inauguration of an extended metro service in Indore, Manohar Lal highlighted the pace at which metro connectivity has grown in India.

He said metro services were operational across just 245 km in five cities when Prime Minister Narendra Modi assumed office in 2014. The network has since expanded to 1,170 km across 26 cities.

The minister said India could overtake the US in terms of metro rail network length in the next two years and become the world’s second-largest country in this segment after China.

China currently has around 8,000 km of metro rail lines, according to the figures cited by the minister.

Indore metro extension inaugurated

The minister made the remarks after inaugurating an extended section of the Indore metro. The project was built at a cost of around Rs 2,850 crore.

The Indore metro was earlier operating commercially on a six-km stretch between Gandhi Nagar and Super Corridor-3 stations. Following the extension, the service will operate on a 17-km route between Gandhi Nagar and Malviya Nagar Chauraha.

Madhya Pradesh Chief Minister Mohan Yadav said the metro service would mark a new phase in Indore’s development. He also said the network would eventually be extended to Ujjain and other nearby areas.

India’s metro rail network: Key figures

  • India currently has 1,170 km of operational metro rail network.
  • Metro services are operational across 26 cities.
  • The US has around 1,386 km of metro rail network.
  • India is currently 216 km behind the US.
  • China has around 8,000 km of metro rail lines.
  • India’s operational network stood at 245 km across five cities in 2014.

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PM Modi returns to SRCC after 13 years, revisits 2013 glass full speech

PM Narendra Modi returned to SRCC after 13 years for its centenary celebrations, revisiting themes from his landmark 2013 address.

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PM Narendra Modi

Prime Minister Narendra Modi returned to Delhi University’s Shri Ram College of Commerce (SRCC) on Saturday, 13 years after his previous visit to the institution as Gujarat chief minister. 

His latest visit came as SRCC marked its centenary celebrations. Modi’s 2013 address at the college had attracted significant attention as he spoke about India’s youth, governance and the country’s demographic potential.

In 2013, Modi was Gujarat chief minister and had not yet been named the BJP’s prime ministerial candidate. He returned to the same campus this year as Prime Minister, having completed 12 years as Prime Minister and serving his third consecutive term. 

What PM Modi said at SRCC in 2013

The 2013 lecture was titled Emerging Business Models in the Global Scenario. The address also covered governance and India’s young population.

He described India’s youth as a source of national strength rather than simply a group of new-age voters. He also highlighted India’s demographic advantage and argued that the country needed to make better use of its young population.

One of the notable moments from the speech involved a glass of water.  Modi contrasted the conventional descriptions of a glass as half full or half empty and said he viewed it as full, with half containing water and the other half air.

The speech also included his remarks on technology and young Indians. Referring to an anecdote from a visit to Taiwan, Modi used the phrase “mouse-charmers” to describe Indians using computers and suggested that young Indians had the ability to influence the world through technology.

‘Minimum government, maximum governance’

Modi’s 2013 address also touched on governance. He spoke about the role of government and the need for better governance.

He also spoke about India’s potential in the 21st century. 

Modi returns as PM for SRCC centenary

The September 5 visit coincided with Teachers’ Day and SRCC’s 100th anniversary. The Prime Minister’s Office had announced that Modi would participate in the college’s centenary celebrations and address the gathering. SRCC was established in 1926 by industrialist and philanthropist Sir Shri Ram.

Earlier this year, Modi also met the SRCC governing body at his residence in April in connection with the college’s centenary celebrations and released a commemorative postage stamp marking the occasion. 

The return to SRCC came 13 years after his 2013 appearance at the college, when he addressed students as Gujarat chief minister.

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Supreme Court judge calls police assault on CJP protesters very distressing

Supreme Court judge Justice Ujjal Bhuyan criticised alleged police assaults on CJP protesters and raised concerns over excessive force.

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Supreme Court

Supreme Court judge Justice Ujjal Bhuyan has criticised the assault of protesters by police personnel during the recent CJP demonstrations in Delhi, describing the conduct as “very, very distressing” and a matter of serious concern.

Speaking at the launch of retired IPS officer Yashovardhan Azad’s book Policing the Republic, Justice Bhuyan said the detachment expected from police officers appeared to be diminishing.

He expressed concern over young Indian Police Service officers personally participating in the assault of protesters and demonstrators.

Justice Bhuyan stresses need for responsible policing

Justice Bhuyan said effective policing does not require excessive use of force or infringement of human rights. He emphasised that the police play an important role in maintaining public confidence because citizens generally approach the police when they feel they have been wronged.

He said maintaining the credibility of the police force was therefore of “utmost importance”.

The judge’s remarks come amid continuing scrutiny of the police and paramilitary response to the CJP protests in Delhi.

Supreme Court panel to examine police action

The Supreme Court has constituted a high-level panel to investigate allegations concerning the use of force by Delhi Police during the July 20 student protests at Jantar Mantar and the subsequent Parliament march.

The panel, headed by former Supreme Court judge Justice R Subhash Reddy, will examine complaints relating to lathi charges, tear gas, pellet guns and electronic batons. It will also look into allegations of targeted harassment or molestation of female protesters and review available CCTV and video footage.

The police response during the protests has faced criticism, while Delhi Police has maintained that its personnel were also attacked during the clashes.

Judge raises concern over custodial deaths and torture

Justice Bhuyan also spoke about custodial torture and deaths, describing custodial death as one of the gravest crimes in a society governed by the rule of law.

He stressed that torture and cruel, inhuman or degrading treatment cannot be accepted, regardless of whether such conduct takes place during investigation, interrogation or other circumstances.

The judge further warned that when government functionaries themselves become lawbreakers, it can undermine respect for the law and encourage lawlessness.

He questioned whether citizens lose their fundamental rights simply because they have been arrested by police.

‘Fake encounters’ cannot be part of policing

Justice Bhuyan also addressed allegations of extra-judicial killings, commonly referred to as “fake encounters”. Referring to a 2011 Supreme Court judgment, he said such encounters undermine the rule of law.

He stressed that an “encounter philosophy” cannot become part of legitimate policing and said proven fake encounters involving serving police officers must be treated with the utmost seriousness.

The Supreme Court’s panel will now examine the allegations surrounding the police action during the July 20 protests as scrutiny of the events continues.

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