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Judicial propriety debate reignites in Supreme Court

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Supreme Court

A three-judge bench headed by Justice Madan B Lokur stays implementation of a verdict delivered by a bench of similar strength headed by Justice Arun Mishra

A month after the famous “mutiny” by four senior-most judges of the Supreme Court stunned the nation and brought to fore a debate over judicial discipline, the issue of breach of propriety seems to have rocked the top court again.

On Wednesday (February 21), in an unusual turn of events, a three-judge bench of the top court comprising Justices Madan B Lokur, Kurian Joseph and Deepak Gupta stayed the implementation of a verdict delivered on February 8 by a bench of similar strength which comprised Justices Arun Mishra, AK Goel and MM Shantanagoudar. The Bench headed by Justice Lokur also restrained all high courts from entertaining or passing any order on land acquisition matters on the basis of the February 8 verdict delivered by the bench headed by Justice Arun Mishra.

The interim order by the bench headed by Justice Lokur came during proceedings in a special leave petition related to land acquisition. The State of Haryana (petitioner) and M/s GD Goenka Tourism Corporation Limited (respondent) were the parties in this case. The February 8 verdict was delivered on another land acquisition case (related to Indore Development Authority) which had effectively overturned a judgment delivered by a three-judge bench of Justices RM Lodha (now retired), Madan B Lokur and Kurian Joseph on January 24, 2014 (this case was about land acquisition carried out by the Pune Municipal Corporation) terming it “per incuriam” (decision rendered without taking care of facts and law).

As per judicial convention, the court doesn’t adjudicate on the validity of a verdict delivered by a bench of identical strength and instead refers such a case to be heard by a larger bench.

The bench headed by Justice Lokur, will on March 7, conduct further proceedings in the matter to decide whether a reference should be made over the sustainability of the February 8 verdict to a larger bench of the Supreme Court.

It is pertinent to recall that Justices Lokur and Kurian Joseph were among the four senior SC judges – the other two being Justices Jasti Chelameswar and Ranjan Gogoi – who had, on January 12, addressed an unprecedented press conference to attack Chief Justice Dipak Misra and warn that all was not well in the apex court. Besides the Chief Justice of India, Justice Arun Mishra was the other target of the four judges. The ‘rebelling four’ were peeved at the fact that CJI Dipak Misra, in his capacity as ‘master of the roster’, had assigned some crucial cases – including the controversial petition seeking an investigation into the mysterious death of CBI Judge BH Loya – to the bench headed by Justice Arun Mishra, who is among the junior-most judges in the apex court hierarchy.

On February 8, the bench headed by Justice Arun Mishra had held that that once the compensation amount for land acquired by a government agency has been unconditionally tendered but the land owner refuses it; this would amount to payment and discharge of obligation on part of the agency. The verdict had added “the claimants/landowners after refusal, cannot take advantage of their own wrong and seek protection under the provisions of section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” to reclaim land on the ground that they were not paid compensation within five years.

The verdict authored by Justice Arun Mishra was in stark contrast to the January 2014 judgement which had held that “deposit of compensation amount in the government treasury is of no avail and cannot be held to be equivalent to compensation paid to the landowners/persons interested… Under Section 24(2) land acquisition proceedings initiated under the 1894 Act, by legal fiction, are deemed to have lapsed where award has been made five years or more prior to the commencement of 2013 Act and possession of the land is not taken or compensation has not been paid.”

On Wednesday, as proceedings began in the State of Haryana v/s GD Goenka Tourism Corporation Limited land acquisition case, before the bench headed by Justice Madan B Lokur, counsel for the State of submitted that the matter is covered by the February 8 verdict “of a Bench of 3 learned Judges of this Court”. This triggered some other counsels present in the courtroom – including senior advocate Mukul Rohatgi – to urge the bench to hear their submissions too as they had been engaged in some similar matters and that the February 8 verdict had “unsettled a long standing statement of law and had very serious repercussions on land acquisition cases.”

Senior advocate Mukul Rohatgi provided the spark that reignited the “discipline” and “propriety” debate when he submitted: “when a Bench of three learned Judges does not agree with the decision rendered by another Bench of three learned Judges, the appropriate course of action would be to refer the matter to a larger Bench” while adding that even one of the three judges who presided over the Indore Development Authority case (the February 8 verdict) had held this same view but was overruled as the other two judges decided to pass a judgment overturning the conclusions of the January 2014 verdict.

Rohatgi added: “A Bench of three 3 learned Judges cannot hold another decision rendered by a Bench of three learned Judges as per incuriam,” even as he informed the court that “some cases have already been decided on the basis of the judgment rendered in the case of Indore Development Authority (February 8 verdict), without the matter being referred to a larger Bench… some similar matters are listed tomorrow as well and it is possible that in the next couple of days similar matters may be listed before various High Courts.”

The submissions by Rohatgi led to Justice Kurian Joseph remark that it was his “painful concern” that “if this court is to remain as one, it should be one and you have to make it one. You have to have proper judicial discipline for that”.

Justice Joseph – fifth in the hierarchy of Supreme Court judges – then added: “Be very clear, this is a matter of judicial discipline, judicial propriety and consistency. Can a three-judge bench over rule a three-judge bench verdict? It has to be referred to a larger bench in case of difference of opinion… correctness of judgement can be doubted but the bench of similar strength of judges cannot hold that the judgement rendered by the earlier one was wrong. Such a system works on hierarchy and it needs to be preserved.”

The top court can now refer the two conflicting verdicts (that of February 8 and the one delivered in January 2014) to the Chief Justice, urging him to set up a larger five-judge bench to hear the matter. The bench headed by Justice Lokur will decide on March 7 on how to proceed further with this piquant judicial situation.

“We are not going into the merits or correctness of the decision by Justice Mishra’s bench. We are only concerned with judicial discipline,” Justice Joseph remarked while adding that the well-settled principle of the Supreme Court “is that you can’t tinker with the system”.

The bench noted in its interim order of February 21 that: “we are of the opinion that it would be appropriate if in the interim and pending a final decision on making a reference (if at all) to a larger Bench, the High Courts be requested not to deal with any cases relating to the interpretation of or concerning Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.”

The Bench also directed the Secretary General to “urgently communicate this order to the Registrar General of every High Court so that our request is complied with” and added that “insofar as cases pending in this Court are concerned, we request the concerned Benches dealing with similar matters to defer the hearing until a decision is rendered one way or the other on the issue whether the matter should be referred to larger Bench or not.”

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Delhi Police offers 11-person limit for CJP’s Connaught Place protest

Delhi Police has offered to facilitate a group of 11 people at Central Park in Connaught Place for the Cockroach Janata Party’s October 16 protest, while warning that violations of prohibitory orders could invite legal action.

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CJP protest to continue

Delhi Police has proposed allowing a group of 11 people to carry the national flag and sing the national anthem at Central Park in Connaught Place on October 16, ahead of a protest called by the Cockroach Janata Party (CJP) over alleged electoral fraud.

The police said it could facilitate the group at a suitable place in the park, while appealing to the public not to join the proposed gathering in large numbers. The offer comes amid prohibitory orders in Connaught Place and adjoining areas under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

CJP founder Abhijeet Dipke has called on people to assemble at Central Park at 5 pm on Friday with the national flag. The proposed demonstration, named “Lehra Do Tiranga”, follows the detention of CJP members Saurav Das and Ashutosh Ranka during an earlier protest.

Why Delhi Police proposed limiting the gathering

In its statement, Delhi Police cited the prevailing security and law-and-order situation in the area. It also referred to information from the New Delhi Municipal Council (NDMC) that Central Park would remain closed on October 16 and 17 for administrative reasons.

Deputy Commissioner of Police Neha Yadav said the NDMC had informed the police about the closure and had asked that no gathering be allowed near the park.

The police also cited representations from trader and market associations in Connaught Place and surrounding areas. According to the police, the associations had raised concerns about unlawful assemblies and their impact on businesses, particularly during the festive season.

Police warned that violations of Section 163 BNSS would invite appropriate legal action. It also stressed that the national flag must be displayed and carried, and the national anthem sung, in the prescribed manner with due respect and dignity.

Delhi High Court declines to stop CJP protest

The proposed gathering reached the Delhi High Court after a vendor sought intervention over concerns about disruption to businesses and public movement in Connaught Place.

On Thursday, the court declined to restrain the CJP from holding the protest. It recorded the police’s assurance that all possible measures under the law would be taken to regulate the gathering and maintain peace.

The petition was filed by a vendor at Palika Bazar in Connaught Place, who raised concerns about the potential impact of the demonstration on traders and others working in the area.

Additional Solicitor General Chetan Sharma, appearing for the authorities, told the court that steps had already been taken to regulate the proposed protest.

CJP’s protest call follows detention of party members

Dipke’s October 16 protest call follows earlier demonstrations over alleged electoral fraud. CJP members Saurav Das and Ashutosh Ranka are in jail on trespass charges after raising the national flag at Jantar Mantar earlier this week, according to the report.

The party has been protesting over alleged electoral fraud and has raised questions about the Election Commission.

Dipke has urged people to gather at Central Park with the national flag, arguing that raising the Tricolour should not be treated as a crime.

The police’s proposal to facilitate a group of 11 people came as the authorities sought to prevent a larger gathering at the site. The CJP’s response to the police’s offer was still awaited in the report published on October 15.

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Actor Imran Khan asked to leave India after CJP protest

Actor Imran Khan has been asked to leave India by October 28, days after participating in a protest called by the Cockroach Janta Party (CJP) in Mumbai.

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Actor Imran Khan, nephew of Bollywood star Aamir Khan, has been asked to leave India by the Mumbai Police, days after participating in a protest organised by the Cockroach Janta Party (CJP) in Mumbai.

According to the notice, the actor has been given until October 28 to leave the country. The development follows his participation in the demonstration, which brought the actor into the spotlight over his involvement in a political protest.

Imran Khan is believed to hold US citizenship and an Overseas Citizen of India (OCI) card rather than full Indian citizenship, according to the report.

What led to the notice against Imran Khan?

The notice came days after Imran Khan joined a protest called by the CJP in Mumbai. The group, described as a satirical political organisation, had called for the demonstration.

The actor’s participation was followed by action from the authorities, with the Mumbai Police directing him to leave India by the specified deadline.

The notice does not, by itself, mean that the actor has already left the country or has been deported. October 28 is the deadline mentioned for his departure.

Imran Khan and his citizenship status

Imran Khan is known for his work in Hindi films, including Jaane Tu… Ya Jaane Na and Delhi Belly. He is also the nephew of actor Aamir Khan.

The report states that Imran Khan is believed to be a US citizen and hold an OCI card. OCI status does not confer Indian citizenship, although it provides eligible foreign citizens of Indian origin with specified privileges under Indian law.

The notice directing the actor to leave India follows his participation in the Mumbai protest. The reported development has brought attention to the intersection of immigration rules and the participation of foreign nationals in political demonstrations.

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Election Commission orders voter roll revision in 17 states, UTs

The Election Commission has ordered a Special Summary Revision of electoral rolls in 17 states and Union Territories. Draft rolls are scheduled for November 12, with final rolls due on January 4, 2027.

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The Election Commission of India (ECI) has ordered a Special Summary Revision (SSR) of electoral rolls in 17 states and Union Territories, with the exercise aimed at facilitating voter registration and including eligible electors who may have been left out during the Special Intensive Revision (SIR).

The order was issued on Thursday, October 15, amid continuing political controversy over the SIR process and concerns raised by opposition parties regarding the exclusion of names from electoral rolls.

Under the announced schedule, January 1, 2027, will be the qualifying date for the revision. The draft electoral rolls are scheduled to be published on November 12, while the final rolls are due on January 4, 2027. Uttar Pradesh and Punjab, two states included in the exercise, are scheduled to go to the polls by February 2027.

Which states and Union Territories are covered?

The Special Summary Revision will cover the following 17 states and Union Territories:

  • Andaman and Nicobar Islands
  • Assam
  • Bihar
  • Chhattisgarh
  • Goa
  • Gujarat
  • Kerala
  • Lakshadweep
  • Madhya Pradesh
  • Manipur
  • Puducherry
  • Punjab
  • Rajasthan
  • Tamil Nadu
  • Uttar Pradesh
  • Uttarakhand
  • West Bengal

The Election Commission’s order follows earlier instructions issued to state election officials on September 29 to undertake a special drive to enrol eligible voters who had been left out, along with young and first-time electors.

Why has the Election Commission ordered the revision?

The announcement comes amid protests and political disagreements over the Special Intensive Revision of electoral rolls. Opposition parties have raised concerns about names being excluded during the exercise.

Another point of contention has been an additional declaration required from applicants submitting Form 6 for voter enrolment while the SIR was underway. The declaration required applicants to map their parents to the last SIR, which was conducted around 20 years ago.

The Election Commission had clarified on October 7 that the additional declaration applied only in states and Union Territories where the SIR was being conducted. It said the regular forms prescribed under the Registration of Electors Rules, 1960, would apply outside the SIR period.

The latest SSR order refers to applications for inclusion through Form 6 but does not mention the additional declaration.

What happens in states not covered by the current schedule?

The Election Commission has said that the schedule for the Special Summary Revision will be announced later in states and Union Territories where the SIR is ongoing or has recently been completed.

These include Andhra Pradesh, Arunachal Pradesh, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Haryana, Jharkhand, Karnataka, Maharashtra, Meghalaya, Mizoram, Nagaland, the National Capital Territory of Delhi, Odisha, Sikkim, Tripura and Telangana.

For Himachal Pradesh, Jammu and Kashmir, and Ladakh, where the SIR has not yet started, the schedule for electoral roll revision will be announced in due course, taking local weather conditions into account.

The Election Commission’s latest order sets out a separate timeline for the 17 states and Union Territories covered by the current SSR exercise, while leaving the schedules for the other regions to be announced later.

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