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Indu Malhotra to be first woman to be promoted from Bar to SC judgeship

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Indu Malhotra to be first woman to be promoted from Bar to SC judgeship

Supreme Court Collegium also recommends elevation of Uttarakhand Chief Justice KM Joseph as judge of the apex court

In a first, the Supreme Court Collegium has decided to elevate a woman lawyer – Indu Malhotra – straight from the Bar Council to be made a judge of the apex court.

Indu Malhotra to be first woman to be promoted from Bar to SC judgeshipThe Collegium, comprising senior-most judges of the Supreme Court – Chief Justice Dipak Misra, Justices Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph – has, according to media reports, recommended unanimously the appointment of Malhotra and Uttarakhand Chief Justice KM Joseph as judges of the apex court.

It is pertinent to note that in the first 39 years of its existence, the Supreme Court’s judiciary had no woman member. The glass ceiling was broken in 1989 with the appointment of Justice Fathima Beevi as a judge of the Supreme Court. Justice Beevi was not just the first woman judge of the Supreme Court but also the first Muslim woman to have made it to India’s higher judiciary. The other women judges of the Supreme Court have been Justice Sujatha Manohar,  Justice Ruma Pal, Justice Gyan Sudha Misra and Justice Ranjana Desai.

With Malhotra’s appointment, the Supreme Court will now have two sitting women judges, the other being Justice R Banumati. Malhotra would be one of only seven women judges that the apex court has had so far since independence.

However, this won’t be the first time that the apex court will have two sitting women judges. Speaking to India Legal, Justice (retired) Gyan Sudha Misra said: “Little after Justice Ruma Pal retired I was elevated to the Supreme Court and was the only lady judge for a while before Justice Ranjana Desai was elevated to the SC. Justice Desai and I served as judges of the Supreme Court together for a while.”

However, when asked for her views on the direct elevation of a lawyer to the SC judgeship, Justice (retd) Misra said: “It is the Collegium’s decision and I would not like to comment on it”.

Malhotra had, in 2007, become the second woman to be designated as a Senior Advocate by the Supreme Court. A expert on arbitration, Malhotra has authored the third edition of The Law and Practice of Arbitration and Conciliation, 2014 and has appeared in various domestic and international commercial arbitrations. She has also served as a member of the Centre-appointed High Level Committee (HLC) in the Ministry of Law and Justice to review ‘Institutionalization of Arbitration Mechanism in India’.

Daughter of the late Om Prakash Malhotra, a legal luminary himself with pioneering work in the legal disciplines of industrial disputes and arbitration, Indu Malhotra had enrolled as a lawyer in the Bar Council of Delhi in 1983. Then, in 1988 she qualified as an Advocate-on-Record (AoR) in the Supreme Court and also served as Standing Counsel for the State of Haryana and represented statutory bodies like the Securities Exchange Board of India (Sebi), Delhi Development Authority (DDA), Council for Scientific and Industrial Research (CSIR), Indian Council for Agricultural Research (ICAR), before the Supreme Court.

The Collegium’s other pick for the Supreme Court judiciary – Uttarakhand Chief Justice KM Joseph – is also an interesting one. It was Justice Joseph who had, in 2016, struck down the imposition of President’s Rule in Uttarakhand by the Narendra Modi-led government and allowed Congress’ Harish Rawat to prove his strength in the state assembly. The decision had paved the way for Harish Rawat to return as Uttarakhand chief minister following the controversial defections to the BJP that had been orchestrated by his predecessor and then party colleague Vijay Bahuguna. A month after he delivered this verdict, the Supreme Court Collegium had recommended Justice Joseph’s transfer to the joint high court for Andhra Pradesh and Telangana in Hyderabad. However, the Modi government refused to clear the transfer, instead choosing to keep the Chief Justice’s post vacant. The high court at Hyderabad still does not have a full-time Chief Justice.

The Collegium has also regularised Chief Justices of five High Courts which currently had acting chief justices. Justice J Bhattacharaya, who is presently chief justice of Calcutta High Court, will be the new chief justice of Delhi High Court, taking over from Justice Gita Mittal who has been serving as the acting chief justice of the court for several months now.

Chief Justice of the Chattishgarh High Court, Justice TB Radhakrishnan, has been transferred to the Andhra Pradesh High Court which Justice Abhilasha Kumari of the Gujarat High Court has been transferred to Manipur as chief justice. The Collegium has also appointed Justice A Dominic as chief justice of the Kerala High Court while Justice Ajay Rastogi has been transferred to the Tripura High Court. Justice Surya Kant of the Punjab and Haryana High court will be the new chief justice of Himachal Pradesh.

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Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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