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

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[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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MEA responds after ITBP chief flags ongoing face-offs with China in Arunachal

India said deviations by Chinese forces from established patrolling patterns periodically disturb the situation along the Line of Actual Control, as the government addressed remarks by the ITBP chief about ongoing face-offs in Arunachal Pradesh.

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India on Friday said that deviations by Chinese forces from established patrolling patterns periodically disturb the situation along the Line of Actual Control (LAC). The Ministry of External Affairs (MEA) made the remarks amid reports of continuing face-offs between Indian and Chinese forces at multiple locations in Arunachal Pradesh.

MEA spokesperson Randhir Jaiswal addressed the issue during a regular media briefing on October 23, following remarks by Indo-Tibetan Border Police (ITBP) Director General Shatrujeet Kapur about the ongoing confrontations along the border.

“As we have noted in the past, the situation in the India-China border areas gets disturbed from time to time when Chinese forces diverge from established patrolling patterns,” Jaiswal said.

He also reiterated that maintaining peace and tranquillity in the border areas was essential for the overall development of bilateral relations between India and China.

MEA stresses diplomatic and military engagement

Jaiswal said India and China continued to use existing diplomatic and military mechanisms to resolve outstanding issues and prevent misunderstandings and miscalculations along the LAC.

He added that both countries had agreed to discuss ways to improve their understanding of the LAC in appropriate areas to strengthen border management.

The spokesperson did not elaborate on the specific confrontations mentioned by the ITBP chief, with further questions on the details referred to the Ministry of Defence, according to reporting on the briefing.

ITBP chief confirms ongoing face-offs in Arunachal Pradesh

A day before the MEA briefing, Kapur said face-offs between Indian and Chinese forces had occurred at several locations in Arunachal Pradesh in recent days and that the situation was continuing.

Speaking to ITBP personnel at a base in Alwar, Rajasthan, on Thursday, Kapur also discussed the force’s efforts to strengthen its operational capabilities along the border.

He said the ITBP had mobilised its newly raised Shaurya commando unit during the ongoing face-offs. He also highlighted the creation of drone platoons for border units and the development of a new training course to prepare personnel for battles similar to the 2020 Galwan Valley clash.

The remarks came as the ITBP continued its modernisation efforts, including a greater focus on specialised training and emerging warfare technologies.

Border management remains central to India-China ties

The latest statements underline the importance India places on maintaining peace along the disputed boundary while addressing unresolved issues through diplomatic and military channels.

India and China have continued engagements aimed at managing tensions along the LAC. However, reported confrontations at multiple locations in Arunachal Pradesh have brought the border situation back into focus.

The MEA reiterated that peace and tranquillity along the border remained essential for the broader development of bilateral relations, while emphasising continued engagement to improve border management.

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Delhi High Court rejects Neha Bora’s plea against peace bond notice

The Delhi High Court has rejected AISA president Neha Bora’s petition challenging a police notice requiring her to execute a peace bond following her participation in recent protests in the national capital.

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The Delhi High Court has rejected a petition filed by All India Students’ Association (AISA) president Neha Bora challenging a police notice that required her to execute a peace bond before a special executive magistrate.

Justice Subramonium Prasad pronounced the order on Friday, October 23, after reserving the verdict following arguments from both sides a day earlier.

The notice, issued by the Special Executive Magistrate in New Delhi district on October 17, directed Bora to appear before the magistrate and execute a personal bond of Rs. 10,000 with one surety to maintain peace.

The proceedings stemmed from her participation in protests in the national capital, including a gathering at Mandi House on October 16, amid demonstrations over alleged electoral fraud.

Why Neha Bora challenged the notice

Bora approached the High Court seeking to challenge the notice, arguing that it was ambiguous and factually incorrect. Her petition also alleged that the proceedings infringed her fundamental rights under Articles 19 and 21 of the Constitution.

She contended that the notice did not provide sufficient material to establish a likelihood of a breach of peace. It also failed to specify the period, occasion or event in connection with which the authorities apprehended such a breach, according to her petition.

Bora’s counsel further argued that she had organised a separate gathering at Mandi House and was not involved in the Cockroach Janta Party’s protest call at Central Park in Connaught Place on October 16.

The petition sought relief against the notice and the proceedings arising from it.

What the police told the court

During the hearing, Additional Solicitor General Chetan Sharma, appearing for the Delhi Police, referred to 12 instances of alleged violations involving Bora and argued that the proceedings were preventive in nature.

The police also referred to a gathering at which activist Prashant Bhushan and Cockroach Janta Party leaders allegedly called for a change of regime.

Bora’s counsel countered that she had attended a separate protest at Mandi House and that statements made at a gathering could not automatically be attributed to her.

The arguments centred on the basis for initiating preventive proceedings and the allegations cited in the notice.

Neha Bora was detained during a protest on October 16

Bora was detained on October 16 while taking part in a flag march with AISA activists demanding the resignation of Chief Election Commissioner Gyanesh Kumar. She was released at around 6 am on October 17.

The peace bond notice was issued on October 17, the day she was released from detention. It directed her to appear before the special executive magistrate and explain why she should not be required to furnish the bond.

The notice referred to allegations including raising slogans during the Mandi House protest, participating in repeated protest-related activities around Jantar Mantar despite prohibitory orders, and encouraging people to join an unauthorised demonstration at Central Park in Connaught Place.

Bora disputed aspects of the allegations in her court petition, including the claim that she had instigated people to participate in the Central Park demonstration.

What happens after the court’s decision

With the High Court rejecting Bora’s petition, she has not obtained the relief she sought against the police notice. The notice requiring her to execute the peace bond remains in effect, according to reports on the court’s decision.

The dismissal concerns her challenge to the notice. The allegations cited in the preventive proceedings should not, by themselves, be treated as findings that she committed an offence.

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PM Modi to inaugurate Rs 169-crore RBI data centre in Odisha on October 25

Prime Minister Narendra Modi is scheduled to visit Odisha on October 25 to inaugurate the Reserve Bank of India’s Rs. 169-crore data centre in Jatni, near Bhubaneswar.

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Prime Minister Narendra Modi is scheduled to visit Odisha on October 25 to inaugurate the Reserve Bank of India’s (RBI) Rs. 169-crore data centre at Info Valley-II in Jatni, on the outskirts of Bhubaneswar.

According to the tentative itinerary shared by the Odisha Chief Secretary’s office, the Prime Minister is expected to arrive at Biju Patnaik International Airport in Bhubaneswar at around 4:30 pm aboard a special Indian Air Force aircraft. He will then travel by helicopter to the Khurda helipad before proceeding by road to the RBI facility for the inauguration.

The Prime Minister is likely to spend around an hour at the facility before returning to Bhubaneswar and departing from the state at approximately 6:30 pm.

RBI data centre to strengthen financial infrastructure

Spread across 18.55 acres, the new data centre is designed to strengthen the RBI’s data management, disaster recovery, cybersecurity and business continuity capabilities.

The facility will support critical central banking functions, including currency management, payment and settlement systems, and regulatory operations. It is also expected to serve as a backup to the RBI’s existing data centre in Navi Mumbai.

The new facility will be the RBI’s second data centre of this kind, following its existing centre in Navi Mumbai.

Why the data centre is located in Jatni

The site at Info Valley-II was selected for its geographical stability. According to an official, its location away from seismically active zones and high-risk international border areas is intended to reduce exposure to natural disasters and geopolitical vulnerabilities.

The project is intended to help maintain the continuity of essential RBI operations while strengthening the security and resilience of India’s financial infrastructure.

The foundation stone for the facility was laid by then RBI Governor Shaktikanta Das on March 22, 2023.

PM Modi’s ninth Odisha visit since 2024

The October 25 programme is expected to be Prime Minister Modi’s ninth visit to Odisha since the BJP government was formed in the state in 2024, according to Odisha BJP vice-president Jatin Mohanty.

Chief Minister Mohan Charan Majhi and Chief Secretary Anu Garg have reviewed preparations for the Prime Minister’s scheduled visit.

The inauguration is part of efforts to strengthen Odisha’s digital infrastructure. The project is also expected to support the state’s ambitions in technology and electronics manufacturing, as stated by the BJP leader.

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