English हिन्दी
Connect with us

India News

Judges upset with Modi govt altering Justice KM Joseph’s seniority, CJI says will take it up

Published

on

Judges upset with Modi govt altering Justice KM Joseph’s seniority, CJI says will take it up

A group of judges met Chief Justice of India (CJI) Dipak Misra today (Monday, Aug 6), to take up call the government’s attempt to alter the seniority of Justice KM Joseph by putting his name at the bottom of the list of judges cleared for elevation to the top court.

The CJI assured the judges that he would take up the matter with the government. The swearing-in is scheduled for tomorrow, August 7.

The government had been reluctant to clear Justice Joseph’a name and his appointment as SC judge was cleared after much back-and-forth in the past eight months. Even while finally clearing his name when the SC Collegium sent it back a second time, the government did what it could against the interests of the Judge and put his name at the bottom of the list of judges approved, after the names of Justices Indira Banerjee and Vineet Saran.

With his name at the bottom of the list in notification for swearing in on Tuesday (August 7), he will be sworn in last. This will not allow him to even head an independent bench in a long while. It is known, though, that Justice Joseph, considering his seniority, date of retirement, and other issues, will never be the Chief Justice of India.

According to tradition – and tradition rules at the Supreme Court – judges lose seniority even if they are sworn in on the same day but hours apart. This had happened during the swearing in of two judges of the Supreme Court, Justices Ruma Pal and YK Sabharwal.

In 2000 both judges were named to the top court and Justice Pal was being sworn in for a six-year stint at the top court, which was time enough for her to be elevated to the post of Chief Justice of India.

However, the communication reached her late and her trip to Delhi was delayed. She was sworn in a few hours after Justice Sabharwal. That delayed communication robbed Justice Pal of the opportunity to be the Chief Justice, despite her being the senior judge of the two.

The issue of Justice KM Joseph’s seniority being affected in this manner was taken up some SC judges, including three from the Supreme Court collegium or panel that recommends appointments, with Chief Justice of India Dipak Misra today.

They were told by the Chief Justice that he would take up their protest with the Centre. The swearing-in takes place tomorrow.

Government sources, however, justified the order that places Justice Joseph last among the three judges to be sworn in on Tuesday, reported NDTV.

Denying the charge, government sources said Justice Joseph was appointed high court judge in October 2004, more than two years after Justice Indira Banerjee and Justice Vineet Sharan (both in February 2002). They argued that in the all-India seniority list of judges, Justice Banerjee is at number 2, Justice Sharan at 3 and Justice Joseph places 39.

Justice Joseph did become Chief Justice before the other two judges, but seniority is decided on the date of appointment as high court judge, not Chief Justice, the government sources contended, according to NDTV.

Countering that argument, sources in judiciary told NDTV “seniority is not the only criteria for elevation to the Supreme Court”, and that’s why the collegium rejected the government’s contention on seniority and stood firm by its recommendation of Justice Joseph.

The Supreme Court collegium named Justice Joseph for elevation in January, but the government sent back his file questioning the choice and pointing to inadequate representation in the top court from other states, especially Kerala. As the collegium reasserted its choice of Justice Joseph, the government was forced to accept it.

The government denies opposition allegations that its objections were linked to Justice Joseph’s order in 2016 scrapping President’s Rule in Uttarakhand, which helped restore the Congress’s government.

2024 Lok Sabha Elections

PM Modi calls for a strong government, says even enemies think 100 times before doing anything

PM Modi pointed out that Pakistan had been troubling India for 70 years and it had bombs in its hands. But today the situation has changed and it has begging bowl in its hands. He said when there is a strong government, enemies tremble

Published

on

PM Modi calls for a strong government, says even enemies think 100 times before doing anything

Prime Minister Narendra Modi addressed an election rally in Haryana’s Ambala on Saturday and said India’s enemies think 100 times before doing anything against the country when there is a strong government at the Centre. Haryana, which has a total of 10 Lok Sabha seats, will vote in the 6th phase on May 25. In 2019 elections BJP claimed victory in all 10 seats.

PM Modi pointed out that Pakistan had been troubling India for 70 years and it had bombs in its hands. But today the situation has changed and it has begging bowl in its hands. He said when there is a strong government, enemies tremble. Addressing the election rally at Ambala the prime minister asked if a weak government could have changed the situation in Jammu & Kashmir? He recalled the times when there was a Congress government and brave mothers of Haryana used to be worried day and night. He said it has been 10 years now and all of that has stopped.

PM Modi recounted BJP government’s achievements and said they had demolished the wall of Article 370 and Kashmir started moving on the path of development. The prime minister said that a total of 17 days remain to go for 4th June.  He further added that until now in 4 phases of elections, Congress and the INDI Alliance, chaaron khaane chitt ho chuke hain. He said whatever tactics the INDI Alliance used for the country have all been beaten by the public itself.

Addressing the election rally PM Modi said Haryana is a state which has patriotism in its veins and knows anti-national forces very well. The prime minister guaranteed to the people that their dreams are his resolution. PM Modi said there are 4 pillars of Viksit Bharat – poor, youth, women and farmers and he wants to strengthen all these pillars in such a way that the nation becomes strong.

Continue Reading

2024 Lok Sabha Elections

Mallikarjun Kharge accuses PM Modi of inciting people and dividing society through his election speeches

Kharge said no prime minister before Modi has ever indulged in inciting people like he has been doing. He said the prime minister speaks about democracy repeatedly but does not adhere to the tenets of democracy.

Published

on

Congress president Mallikarjun Kharge on Saturday attacked Prime Minister Narendra Modi for inciting people and dividing society through his election speeches. Kharge was addressing a press conference of the INDIA bloc, where Shiv Sena (UBT) president, Uddhav Thackeray NCP (SP) chief Sharad Pawar and other leaders were present.

Kharge said no prime minister before Modi has ever indulged in inciting people like he has been doing. He said the prime minister speaks about democracy repeatedly but does not adhere to the tenets of democracy. Responding to PM Modi’s statement that the Congress will bulldoze the Ram mandir in Ayodhya and also restore Article 370 if the INDIA bloc is voted to power Kharge said, they have never used a bulldozer on anyone. The Congress president said PM Modi has the habit of lying and inciting people about things which Congress will never do or the things that are impossible to be implemented.

Kharge further added that he is not answerable to Modi and the Congress will implement what they have promised in their election manifesto. He accused PM Modi of creating divisions wherever he went he tries to create division, speaks of dividing society. Kharge further added that PM Modi had described the Congress manifesto as Muslim League manifesto, but now he is calling it as a Maoist manifesto.

The Congress President assured that reservation has been enshrined in the Constitution which will continue and nobody can touch it. Speaking at the press conference Thackeray said, Achche din are coming from June 4 (when Lok Sabha election results will be declared) when INDIA bloc-led government will come to power at the centre. Thackeray pointed out PM Modi calls Shiv Sena (UBT) as the nakli (fake) Shiv Sena, and there is a possibility that tomorrow he may call RSS as nakli Sangh.  

Continue Reading

India News

Delhi Police arrest Bibhav Kumar for allegedly assaulting AAP MP Swati Maliwal

In her complaint, Swati Maliwal accused Arvind Kejriwal’s personal assistant of repeatedly slapping her and kicking her in the stomach and pelvic area when she went to the Delhi Chief Minister’s residence on May 13.

Published

on

The Delhi Police on Saturday arrested Bibhav Kumar, aide and former personal secretary of Delhi CM Arvind Kejriwal in connection with the alleged assault of AAP MP Swati Maliwal. The development comes 2 days after Delhi Police registered a case against Kumar following a complaint by Maliwal. In her complaint, Maliwal accused Arvind Kejriwal’s personal assistant of repeatedly slapping her and kicking her in the stomach and pelvic area when she went to the Delhi Chief Minister’s residence on May 13.

On Saturday, AAP minister Atishi claimed the BJP made Swati Maliwal file the FIR using an old ACB case as leverage. She said Anti Corruption Bureau of the BJP has filed a case against Swati Maliwal regarding the illegal recruitment of contractual employees in Delhi Commission for Women. A chargesheet has been filed and the time of conviction is coming and the AAP party said that it believes that Swati Maliwal is being included in the conspiracy by using this case. Atishi said how the entire machinery of BJP, from Delhi Police to the MHA is working, was seen yesterday in Tis Hazari Court.

On Friday, the Delhi Police took Swati Maliwal to the Delhi chief minister’s residence to recreate the crime scene. Her statement was recorded before a magistrate at the Tis Hazari court. A counter-complaint has been filed by Bibhav Kumar with the Civil Lines police station in which he alleged that Maliwal had forcefully and unauthorised entered the Delhi CM’s residence.

 He also claimed that the former Delhi Commission for Women chairperson tried to create a ruckus and assault him. Kejriwal’s aide also claimed that the Rajya Sabha MP intended to harm the AAP chief and he strongly objected. Bibhav Kumar said a copy of the FIR has been sent to all the media houses by the BJP but BJP’s police are saying that they cannot give it to the accused.

Continue Reading

Trending

-->

© Copyright 2022 APNLIVE.com