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Justice Dipak Misra sworn in as 45th Chief Justice of India

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Justice Dipak Misra sworn-in as 45th Chief Justice of India

[vc_row][vc_column][vc_column_text]New Chief Justice will have the unenviable task of presiding over politically sensitive cases like the Babri Masjid-Ram Janmbhoomi land dispute, repealing Article 35A in Kashmir, among others

Justice Dipak Misra was, on Monday, sworn in as the 45th Chief Justice of India by President Ram Nath Kovind, taking over the mantle from Justice JS Khehar, who retired on Sunday. The newly sworn-in CJI is scheduled to retire on October 2, 2018 after a tenure that will last for 13 months and six days.

Justice Misra was appointed as a judge of the Supreme Court on October 10, 2011 and in the past six years has delivered several crucial judgments – those that were hailed as landmark verdicts and yet others that were criticised by legal experts for bordering on judicial over-reach.

Among the most defining moments of his stint as a judge of the apex court, perhaps came on the intervening night of July 29-30, 2015 when as part of a three-judge Bench, which also included then Chief Justice of India, HL Dattu, he dismissed the mercy petition of Yakub Memon, convicted in the Bombay blasts case. For the first time in the history of independent India, the Supreme Court had held a midnight hearing, discussing the arguments made in the case for nearly 90 minutes before reading out its verdict at 3 am. Memon was hanged at 3 am on July 30, 2015, amidst criticism and applause of the Supreme Court in equal measure.

A judgment passed on November 30, 2016 by a Bench headed by Justice Misra, however triggered a debate over whether an increasingly aggressive brand of nationalist fervour was stifling civil liberties. The verdict gave sanction for playing of the national anthem in cinema halls before the screening of a film began and made it mandatory for everyone present in the audience to stand up while the anthem was being played. In the days following the verdict, while a handicapped person, who could not stand up during the playing of the national anthem in a cinema hall, was severely heckled several similar reports of people being harassed by right-wing lumpens at movie theatres across the country collectively added to the narrative that whether the Supreme Court had erred in its verdict. A few months after the verdict, the Centre had informed the apex court that handicapped people who cannot stand when the anthem is played should be exempted from doing so.

On May 3, 2016, Justice Misra upheld the constitutional validity of the legal provision related to criminal defamation. Justices Misra and PC Pant had held that the reputation of an individual was an equally important right and stood on the same pedestal as free speech. The court said it would be a stretch to say that upholding criminal defamation in modern times would amount to imposition of silence. A section of the legal fraternity and advocates of free speech had termed the verdict as being regressive.

Then, on May 5, 2017, a bench headed by Justice Misra had upheld the execution of the three convicts in the highly publicised Nirbhaya gang rape case.

Just as verdicts passed by him or a bench that he was part of faced scrutiny by legal eagles, Justice Misra’s elevation as the CJI too had become a matter of some debate over the past few weeks. In July this year, Adish C. Aggarwala, president of the International Council of Jurists, had alleged that Justice Misra’s appointment as the CJI would “severely compromise the independence of the judiciary”. Aggarwala had written to then CJI Khehar – who had named Justice Misra as his successor – asking that an ongoing enquiry into allegations that Justice Misra had misrepresented facts in attempting to get hold of public land meant to be distributed to the landless poor for agricultural purposes in Odisha must first be resolved before he takes over India’s highest judicial post.

Aggarwala had raked up allegations made by an Odisha-based activist, Jayanta Kumar Das, who had claimed that back in 1979, when Justice Misra had not joined the judiciary but was a practicing lawyer, he had applied for allotment of the land to develop a fodder farm. While in his application to the Odisha government he had declared that his family owned 10 acres of land, Das had alleged that none of the said land was actually in Justice Misra’s name and that he had allegedly concealed this information in a subsequent affidavit. The affidavit later became the basis for allotment of two acres of land to Justice Misra.

The suicide note of former Arunachal Pradesh chief minister Kalikho Pul too had reportedly made some serious allegations against Justice Misra, which went uninvestigated.

However, these allegations notwithstanding, outgoing Chief Justice Khehar and the Narendra Modi government still went ahead with the appointment of Justice Misra as the CJI, sticking to the seniority rule.

On his hands, the new Chief Justice will have some critical cases to deal with. He might preside over the contentious Babri Masjid demolition case and also deal with the much popular BCCI reforms matter, as well as the Sahara SEBI case. The explosive issue of abrogation of Article 35A in Kashmir is also expected to be heard by the new Chief Justice.

Adding to the challenges he is certain to face is the seemingly perpetual problem of filling up vacancies in High Courts and the Supreme Court. High Courts in India are working with just 56% of their sanctioned strength while the shortfall in the Supreme Court will widen to 6 when Justice PC Pant retires on Tuesday, leaving only 25 judges in the apex court. The contentious MOP (Memorandum of Procedure) continues to remain an unresolved issue between the government and the SC collegiums, which has rejected the idea of including a security clearance clause that would allow the executive to veto superior court appointments in case of a negative remark against a proposed candidate.[/vc_column_text][/vc_column][/vc_row]

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Man attempting to cross India-Pakistan border in Rajasthan shot dead by BSF personnel

“We are investigating the case under these acts,” he added.

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December 25, 2024

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Border Security Force (BSF) personnel shot and killed an individual attempting to cross the India-Pakistan border in the Ganganagar district of Rajasthan late on Tuesday, according to police.

Jitendra Kumar, the station house officer at Kesrisinghpur police station, stated that the man was trying to breach the barbed wire fence when he was spotted by BSF personnel. “They advised him to leave the area, but when he continued to advance, the BSF personnel shot him,” said the SHO.

Sriganganagar Superintendent of Police Gaurav Yadav confirmed that the suspect was allegedly trying to enter Indian territory around midnight on December 24, 2024. Despite warnings from the BSF soldiers, he did not heed their calls, which resulted in the shooting.

The incident occurred near a village in the Kesarisinghpur area. Items recovered from the intruder included Pakistani currency notes, a cigarette packet, an identity card, and other belongings. Authorities are currently gathering more information about him.

Ongoing discussions are taking place between the armed forces and police officers regarding the incident. An FIR has been filed that includes charges of trespassing and violations of the Passports Act and the Foreigners Act, according to Kumar. “We are investigating the case under these acts,” he added.

This incident is one of several similar occurrences along the border. In August, the BSF apprehended an intruder named Jagsi Kohli, who had entered about 15 kilometers into Indian territory in Barmer after locals alerted authorities that he was asking for directions to Tharparkar, a district in Pakistan’s Sindh province.

In March of this year, another person attempting to cross the border in Ganganagar was shot by BSF personnel. There have been additional incidents reported in October 2022 and twice in March 2021, all resulting in fatalities among the intruders.

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Amit Shah, JP Nadda, Chandrababu Naidu among leaders at NDA meet in Delhi amid Ambedkar row

The alliance had decided to convene on the birthday of the late BJP leader, noted for successfully leading the first coalition government to complete its term.

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December 25, 2024

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Union Home Minister Amit Shah, BJP chief J.P. Nadda and Telugu Desam Party (TDP) president and Andhra Pradesh Chief Minister Chandrababu Naidu among leaders of the NDA met in New Delhi on Wednesday to discuss different issues including Shah’s comment on BR Ambedkar days ago in Rajya Sabha.

In attendance, apart from Shah, Nadda and Naidu, JD-U leader and Union minister Rajiv Ranjan Singh, Apna Dal (S) president and Union minister Anupriya Patel, as well as JD (S) leader and Union minister H.D. Kumaraswamy were present.

Also present were Jitan Ram Manjhi, leader of Bihar’s Hindustani Awam Morcha (S) and a minister in the Modi government, Rashtriya Lok Morcha (RLM) president Upendra Kushwaha, a Rajya Sabha MP, and Thushar Vellappally, president of Bharath Dharma Jana Sena.

While the specific agenda of the meeting was not officially disclosed, sources indicated that discussions revolved around good governance and various political issues—principles that were central to Vajpayee’s tenure as Prime Minister. The alliance had decided to convene on the birthday of the late BJP leader, noted for successfully leading the first coalition government to complete its term.

Following the meeting, Nadda shared on X, “Attended the NDA leaders’ meeting in New Delhi today. Under the visionary leadership of PM Narendra Modi, India is achieving unprecedented milestones and has positioned itself as a global superpower. The NDA government remains committed to realizing the vision of ‘Viksit Bharat@2047’, ensuring a brighter and more prosperous future for all.”

Sanjay Nishad, chief of the NISHAD Party in Uttar Pradesh, described the meeting as “informal” and focused on Vajpayee’s legacy. He emphasised the importance of unity among all alliance members heading into future elections, mentioning that they congratulated the BJP leaders for their electoral victories in Haryana and Maharashtra.

Nishad further outlined that the meeting addressed coalition strategies to ensure that Prime Minister Modi’s initiatives effectively reach the populace and that electoral promises are fulfilled. He raised the topic of providing reservations for the fishing community, stating, “I presented evidence on this issue, as it was a poll promise. They will follow up with us next week to discuss it.”

Responding to inquiries about whether Amit Shah’s controversial remarks on Ambedkar were discussed, Nishad said, “We are here for the welfare of the people. Our energy should focus on achieving success in that area, rather than engaging with negativity from opposition parties.”

The NDA meeting underscores the alliance’s commitment to the proposed simultaneous elections, with all members backing the initiative. A Joint Committee of Parliament, established to review two bills related to simultaneous polls, is set to convene on January 8.

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Manipur CM Biren Singh says state needs immediate peace, understanding between two communities

He claimed that the administration is responding quickly to the displaced people’s needs in areas such as education and agriculture.

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December 25, 2024

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Manipur Chief Minister N Biren Singh on Wednesday emphasised the urgent need for peace in the state, which has faced ethnic violence since May of last year, and called on two communities to reach a mutual understanding.

Speaking at the Good Governance Day event held at the state BJP headquarters, Singh expressed confidence that the BJP could restore stability to the northeastern state, highlighting the party’s commitment to coexisting harmoniously.

“What is happening in Manipur today has multiple causes. Those who seek to divide the state are now questioning the government’s actions… they are driven by a desire for power,” Singh remarked.

He mentioned several initiatives, such as ‘Meeyamgi Numit’ (People’s Day), designed to foster closer relationships between officials and the public. “We do not oppose any specific community. The BJP’s position is clear: we advocate for the idea of living together and have initiated efforts to strengthen ties between the police and the community,” he stated.

Singh added that the state government is diligently addressing the needs of internally displaced persons by establishing committees throughout the administrative framework. He claimed that the administration is responding quickly to the displaced people’s needs in areas such as education and agriculture.

“We have not made any mistakes. Our goal is to ensure the well-being of future generations. It is essential for both communities to remain calm. Rather than dwelling on the past, we should concentrate on the upcoming NRC process, capturing biometrics, and using 1961 as the foundation year for the Inner Line Permit,” Singh said.

He also highlighted the government’s commitment to acting within a democratic and constitutional framework, noting that achieving these goals will take time. “What we require now is immediate peace and a resolution of misunderstandings between the two communities,” he concluded.

The ongoing violence has resulted in the deaths of over 250 individuals and left thousands homeless due to clashes between the Meitei community and Kuki-Zo groups since last May.

“Only the BJP can save Manipur. BJP leaders possess strong values of nationalism and social justice, practicing reality-based politics in the nation’s interest. If I am not nominated for a ticket by the BJP, I will remain loyal to the party,” Mr. Singh added.

He also highlighted several unity-focused projects initiated by the BJP government, mentioning that a Unity Mall featuring stalls from all ethnic groups in the state will be constructed with an investment exceeding ₹140 crores.

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