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In A Historic Move, Supreme Court Decides to Make Collegium Decisions Transparent

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Supreme Court

[vc_row][vc_column][vc_column_text]There has been much talk about the opacity of the Supreme Court Collegium and the recent transfer and resignation of Justice Jayant Patel of the Karnataka High Court – transferred to the Allahabad High Court as the third senior-most, killing his Supreme Court prospects – has added fuel to the controversy fire.

The Supreme Court has decided that all the recommendations of the Supreme Court Collegium will henceforth be posted on the court’s website. The information that will be posted on the court’s website will include information about appointment, promotion and transfer of judges.

This decision by the Collegium, headed by Chief Justice Dipak Misra marks a prominent milestone for his term. The Supreme Court Collegium said that the new rules will increase transparency without affecting the confidentially of the judicial process. The reasons for certain decision will also be uploaded on the court’s website.

The court has already started uploading information on its website and one of the first things to be posted is information about the appointment of three Judicial Officers and one Judicial Member of Income Tax Appellate Tribunal (ITAT) as Judge of the Madras High Court:

  1. Resolution Dated 03.10.2017 regarding transparency in Collegium System.
  2. Recommendation Dated 03.10.2017 regarding elevation of Judicial Officers in Kerala High Court.
  3. Recommendation Dated 03.10.2017 for elevation of Judicial Officers in Madras High Court (Part I).
  4. Recommendation Dated 03.10.2017 for elevation of Judicial Officers in Madras High Court (Part II).

The more important addition to this is that the new section – a new tab to the top left of the Supreme Court site, called “Collegium Resolutions” – will also provide the reason for such transfer, elevation etc. of judges, judicial officers and others. To begin with the initial postings have detailed reasons for the October 3 judicial appointments to the Madras and the Kerala high courts.

The Collegium has also detailed reasons for the transparency. The two-page entry reads as follows:

SUPREME COURT OF INDIA

Re: Transparency in Collegium system.

The Chief Justice of India proposed the following Agenda for consideration by the Collegium:

“DECISION ON UPLOADING OF COLLEGIUM’S RESOLUTIONS WITH REASONS, ON EACH CANDIDATE FOR ELEVATION AS JUDGE OF HIGH COURT, CHIEF JUSTICE OF HIGH COURT OR AS JUDGE OF SUPREME COURT OR TRANSFER ON THE SUPREME COURT’S OFFICIAL WEBSITE FOR ENSURING TRANSPARENCY OF COLLEGIUM SYSTEM”.

The Collegium has resolved:

THAT the decisions henceforth taken by the Collegium indicating the reasons shall be put on the website of the Supreme Court, when the recommendation(s) is/are sent to the Government of India, with regard to the cases relating to initial elevation to the High Court Bench, confirmation as permanent Judge(s) of the High Court, elevation to the post of Chief Justice of High Court, transfer of High Court Chief Justices / Judges and elevation to the Supreme Court, because on each occasion the material which is considered by the Collegium is different.

The Resolution is passed to ensure transparency and yet maintain confidentiality in the Collegium system.

(Signed)

( Dipak Misra ), CJI.

( J.Chelameswar ), J.

( Ranjan Gogoi ), J.

( Madan B. Lokur ), J.

( Kurian Joseph ), J.

New Delhi,

October 03, 2017

The issue of the transfers became a trifle ugly with the Justice Patel issue. While the judge himself has kept his opinion to himself, there have been many within the judicial profession who have lambasted the judiciary for virtually sidelining the judge who had shown tremendous spine in ordering a CBI enquiry into the Ishrat Jahan fake encounter case during the Godhra riots of 2002. It has been alleged that the executive may have had finally gotten total control of the judiciary and is now calling the shots about judicial postings and transfers.

The reaction to this transfer (of Justice Patel) from the Supreme Court so far has been a trite comment, saying:

“Decision taken to transfer Justice Jayant Patel was a conscious and unanimous decision taken after adequate deliberation keeping in view the input on record.”

Recently even Justice J Chelameswar, who is part of the Collegium – he is also the senior-most judge of the Supreme Court – had criticized the secret nature of the functioning of the Collegium. He had even refused to participate in the Collegium meetings until there was some record made of what transpired.[/vc_column_text][/vc_column][/vc_row]

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Nana Patole’s feet-washing video sparks BJP attack, Congress leader responds

A Guru Purnima video showing Congress leader Nana Patole’s feet being washed has sparked a political controversy in Maharashtra, drawing criticism from the BJP and a strong response from Patole.

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A video showing senior Congress leader Nana Patole’s feet being washed during a Guru Purnima event has triggered a political controversy in Maharashtra, with the BJP criticising the ritual and the Congress leader defending it as a family tradition.

The viral clip shows Mr Patole seated on a sofa while two men wash his feet, shower flowers on him and place fruits near his feet as part of the ceremony. The incident quickly drew attention on social media and prompted sharp reactions from political leaders.

BJP calls it ‘Congress culture’

Reacting to the video, Maharashtra minister and BJP leader Chandrashekhar Bawankule said the incident reflected the “culture of Congress leaders”.

He said such acts only invite criticism and negative publicity, adding that Congress leaders should learn from similar controversies instead of repeating them.

Nana Patole defends Guru Purnima ritual

Responding to the criticism, Mr Patole rejected the allegations and said he neither instructed nor compelled anyone to perform the ritual.

According to the Congress leader, the ceremony took place on Guru Purnima when two younger members of his family voluntarily chose to honour him as their Guru.

He said they insisted on performing the ritual as a mark of respect.

Congress leader hits back at BJP

Mr Patole also countered the BJP’s criticism, saying the party had no authority to lecture others on culture and traditions.

In an apparent reference to the alleged Ram temple donation theft case, he remarked that those who “loot donation funds” should not advise others on cultural values.

The exchange has added to the political sparring between the BJP and the Congress in Maharashtra, with the viral video continuing to generate debate on social media.

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Bypoll results today: First electoral test after student protests begins in BJP-ruled states

Vote counting is underway in three BJP-ruled states, with the bypoll results expected to indicate voter sentiment after nationwide protests over alleged examination paper leaks.

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Bypolls

Counting is underway in Bankipur, Datia and Manjalpur, with the bypolls being closely watched as the first electoral contest following nationwide student protests over alleged paper leaks.

The counting of votes is underway for Assembly by-elections in three BJP-ruled states—Bihar, Madhya Pradesh and Gujarat—in what is being seen as the first electoral test since nationwide student protests over alleged examination paper leaks.

The bypolls were held on Thursday in Bihar’s Bankipur, Madhya Pradesh’s Datia and Gujarat’s Manjalpur Assembly constituencies. Political observers are watching the outcome closely as the results are expected to offer an indication of voter sentiment, particularly among young voters who participated in or were influenced by the protests.

Bankipur contest draws attention amid BJP candidate change

The Bankipur Assembly seat in Bihar has traditionally been considered a BJP stronghold, with the party retaining the constituency in every election so far. The bypoll was necessitated after former MLA and BJP leader Nitin Nabin was elected to the Rajya Sabha.

The contest attracted attention after the BJP’s original nominee, Abhishek Kumar Sinha, withdrew from the race a day after filing his nomination, citing family reasons. The party later fielded its youth wing leader, Neeraj Kumar Sinha.

The opposition seized on the development, claiming the BJP was concerned about retaining the seat. Rashtriya Janata Dal leader Tejashwi Yadav expressed confidence that his party’s candidate, Rekha Gupta, had secured support across different communities and could deliver an unexpected result.

The election also marked the anticipated electoral entry of political strategist-turned-politician Prashant Kishor, adding further interest to the contest.

Datia sees straight BJP-Congress fight

In Madhya Pradesh, the Datia Assembly seat fell vacant after Congress MLA Rajendra Bharti was disqualified on April 2 under provisions of the Representation of the People Act, 1951.

The BJP has fielded first-time Assembly candidate Ashutosh Tiwari against Congress nominee Kunwar Ghanshyam Singh.

Datia has long been associated with former state Home Minister Narottam Mishra, who represented the constituency for three consecutive terms between 2008 and 2018 before losing the 2023 Assembly election. The selection of a new BJP candidate reportedly led to protests by some of Mishra’s supporters.

Congress candidate Kunwar Ghanshyam Singh, a two-time former MLA and member of the erstwhile royal family, is banking on his previous electoral victories, personal connect with voters and dissatisfaction among sections of BJP workers.

Manjalpur bypoll follows veteran BJP MLA’s death

In Gujarat, voting took place in the Manjalpur Assembly constituency after the death of sitting BJP MLA Yogeshbhai Narandas Patel.

The contest is between BJP candidate Satish Govindbhai Patel, a former Vadodara Municipal Corporation councillor, and Congress leader Bhikhabhai Rabari, a former state minister and Gujarat Congress vice president.

Yogesh Patel had represented the Raopura Assembly constituency five times before shifting to the newly created Manjalpur seat after delimitation. He went on to win Manjalpur in 2012, 2017 and 2022, completing eight consecutive Assembly election victories over a span of 36 years.

The bypoll comes after the BJP’s record performance in the 2022 Gujarat Assembly elections, when the party won 156 of the state’s 182 seats.

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Delhi Police to drop case against minor accused of abusing PM Modi, say reports

Delhi Police have decided not to pursue a case against the minor accused of using abusive language against Prime Minister Narendra Modi during the CJP protest at Jantar Mantar after her apology and the Prime Minister’s call for forgiveness.

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Delhi Police have decided not to register a case against a minor girl accused of using abusive language against Prime Minister Narendra Modi during the Cockroach Janta Party (CJP) protest at Delhi’s Jantar Mantar, according to sources.

The development follows the filing of a Zero FIR by Noida Police over the viral video. The FIR had identified the accused as a 25-year-old woman. However, the girl later clarified through a public apology video that she is 15 years old and claimed she made the remarks after being influenced by others present at the protest.

Minor apologises for remarks

In her apology video, the teenager admitted that her comments were unacceptable and expressed remorse.

She said she was only 15 years old and described the incident as her “first and last mistake.” She apologised to the country and sought forgiveness, adding that she felt deeply ashamed of her actions.

PM Modi appeals for forgiveness

Last week, Prime Minister Narendra Modi said he had forgiven the “misguided children” who abused him and appealed to society not to seek punitive action against them.

In an Instagram reel, he said that dragging such children through legal proceedings would not improve the situation and urged people to accept his decision to forgive them.

Mother seeks cancellation of FIR

Following the Prime Minister’s remarks, the girl’s mother thanked him for showing compassion and requested that the FIR registered against her daughter under an incorrect name and age be withdrawn.

She said the Prime Minister had given her daughter a “new life” and appealed for the cancellation of the case.

The mother also urged the government to restrict access to social media platforms such as Instagram and Facebook for children below the age of 18, arguing that minors can be easily influenced and should focus on their education instead of participating in protests.

Background of the CJP protest

The incident occurred during the Cockroach Janta Party’s protest at Jantar Mantar, which continued for more than five weeks over the alleged NEET paper leak. The agitation drew support from thousands of people, primarily students.

The protest concluded last month after Education Minister Dharmendra Pradhan resigned and the government agreed to several of the group’s demands, including assurances of no coercive action against protesters.

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