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Judicial propriety debate reignites in Supreme Court

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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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Yogi Adityanath takes a dig at Akhilesh Yadav over Ram Temple visit plan

Yogi Adityanath’s remarks came after the Samajwadi Party announced that Akhilesh Yadav would visit the Ram Temple in Ayodhya on December 12.

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Yogi Adityanath

Uttar Pradesh Chief Minister Yogi Adityanath on Saturday took an apparent swipe at Samajwadi Party chief Akhilesh Yadav over his planned visit to the Ram Temple in Ayodhya, saying those who had fired on Ram devotees should first apologise to them and to the saints.

Yogi made the remarks while addressing the 10th edition of Deepotsav in Ayodhya. He did not name Akhilesh Yadav directly.

Yogi’s remarks come after Akhilesh’s Ayodhya visit plan

The chief minister’s comments came after the Samajwadi Party announced that Akhilesh Yadav would visit the Ram Temple in Ayodhya on December 12. It would be his first visit to the temple since its inauguration, according to the report.

Yogi said those who had earlier neglected and insulted Ayodhya, opened fire on Ram devotees and subjected saints to lathicharge should come to the city only after seeking forgiveness.

“Let them apologise to the devotees of Lord Ram; let them apologise to the saints,” Yogi said, adding that they should repent for their past actions.

Reference to 1990 firing on kar sevaks

Yogi’s remarks referred to the 1990 police firing on kar sevaks during the Ram Janmabhoomi movement. At the time, the Uttar Pradesh government was headed by Mulayam Singh Yadav, Akhilesh Yadav’s father.

The chief minister said those who had once “bloodied” Ayodhya were now remembering the city. He also criticised political leaders over their conduct at religious gatherings, referring to the decorum of a katha.

Akhilesh has not yet visited the Ram Temple

Akhilesh Yadav has visited Ayodhya earlier but has not so far visited the Ram Temple. The SP leader was in the city on October 8 to attend a Bhagwat Katha organised by party leader Pawan Pandey.

According to the report, Akhilesh and his wife, Mainpuri MP Dimple Yadav, are scheduled to offer prayers at the Ram Temple and Hanumangarhi on December 12.

The planned visit comes amid political activity in Ayodhya ahead of the Uttar Pradesh Assembly elections due by February 2027.

Yogi highlights Ayodhya’s transformation

During his Deepotsav address, Yogi also spoke about the changes in Ayodhya and described the city’s transformation as an ideological victory.

He said those who had previously neglected Ayodhya were now witnessing its development. He also said Lord Ram represented India’s national consciousness, culture, values and self-respect.

The chief minister further recalled the Ram Janmabhoomi movement and said Ayodhya had regained the glory for which kar sevaks and saints had struggled.

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Ahead of Diwali, Yogi govt hikes DA by 5% for UP government staff

The Uttar Pradesh government has increased Dearness Allowance by 5 percentage points, taking it from 58% to 63%. The revised rate will benefit lakhs of eligible employees ahead of Diwali.

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Yogi Adityanath

The Uttar Pradesh government has announced a 5 per cent increase in Dearness Allowance (DA) for state government employees ahead of Diwali. With this revision, the DA rate has increased from 58 per cent to 63 per cent, providing financial relief to lakhs of eligible employees across the state.

The revised allowance will be effective from July 1, 2026, according to the government announcement. A government order was also issued on Saturday, November 7.

The enhanced DA will be paid along with employees’ regular November 2026 salaries.

Which employees will benefit from the DA hike?

The decision covers regular state government employees and several other categories of eligible staff.

These include employees of aided educational and technical institutions, regular and full-time employees of urban local bodies, work-charged employees and personnel drawing salaries under University Grants Commission (UGC) pay scales.

The revision is expected to benefit a large section of the Uttar Pradesh workforce ahead of the festive season.

What happens to the DA arrears?

The revised DA rate will apply retrospectively from July 1, 2026. Consequently, employees will also be entitled to arrears for the period preceding the November salary payment.

The government has made provisions for the payment of the arrears for July to October 2026. These amounts will be credited to employees’ provident fund accounts, according to the reported payment arrangements.

The enhanced allowance for November will be reflected in the regular salary for that month.

The decision comes ahead of Diwali and will provide additional financial relief to eligible government employees in Uttar Pradesh.

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Himanta Sarma to approach court over threat to gherao home in Zubeen case

Assam Chief Minister Himanta Biswa Sarma said his government would approach the Supreme Court and Gauhati High Court over a threat to gherao his residence if two prime accused in the Zubeen Garg death case are granted bail.

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Assam Chief Minister Himanta Biswa Sarma on Friday said the state government would bring before the Supreme Court and Gauhati High Court a threat by a group to gherao his residence in connection with the Zubeen Garg death case.

Speaking to reporters, Sarma described the threat as a serious matter, saying it posed a danger to his family and could amount to a direct attempt to murder.

The development comes ahead of the Supreme Court hearing on November 30 of the bail petitions filed by Shyamkanu Mahanta and Siddhartha Sharma, the two prime accused in the case.

Why Himanta Sarma plans to approach the courts

Sarma said he had instructed the state government’s legal department to bring the matter to the notice of both the Supreme Court and Gauhati High Court.

The Chief Minister objected to the group threatening to target his residence rather than holding a protest near the Chief Minister’s Office.

He said those questioning the judicial process should approach the Supreme Court or the high court instead of targeting him. Sarma also maintained that the courts should be allowed to carry out their work.

According to him, attempts to question the judicial process in this manner could obstruct the path of justice.

What the group said about the bail pleas

The Zubeen Garg Nyay Samiti, led by Raijor Dal MLA Akhil Gogoi, had announced on Thursday that it would gherao the Chief Minister’s residence under certain circumstances.

The group said it would carry out the protest if Shyamkanu Mahanta and Siddhartha Sharma were granted bail or if the Assam government failed to mount an effective legal opposition to their bail pleas.

The Supreme Court is scheduled to hear the bail petitions of the two accused on November 30.

Bail granted to two accused in the case

The Gauhati High Court granted bail to singer Amritprava Mahanta, an accused in the Zubeen Garg death case, on October 9. She was granted bail against a bond of Rs 50,000 and two sureties of the same amount.

The high court has also granted bail to Sandipan Garg in the case.

Referring to the bail order concerning Amritprava Mahanta, Sarma said it mentioned that 160 witnesses had not named her during the court hearing, despite having done so during the investigation conducted by the Special Investigation Team (SIT).

Responding to questions over the development, Sarma said the witnesses should be questioned about the discrepancy rather than him.

What happened to Zubeen Garg?

Singer Zubeen Garg died in Singapore on September 19 last year while swimming in the sea.

Police in Singapore had said that no foul play was involved in his death. Garg had travelled to Singapore to attend the fourth edition of the North East India Festival (NEIF).

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