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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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Ahead of Delhi Elections, Arvind Kejriwal launches Revdi Par Charcha campaign to seek feedback on freebies

Arvind Kejriwal said 65,000 meetings will be held across Delhi at micro levels by the AAP leaders and workers.

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Ahead of Delhi Elections, Arvind Kejriwal launches Revdi Par Charcha campaign to seek feedback on freebies

The Aam Aadmi Party (AAP) on Friday launched a campaign with a tagline Revdi Par Charcha to seek public feedback freebies. The campaign comes ahead of the assembly elections, which is scheduled to be held in February.

Former Chief Minister and AAP national convenor Arvind Kejriwal launched the campaign with his colleagues at the party office, saying while the opposition calls freebies as revdi, the party calls it services. This campaign will start on November 25 and will continue for 15 days until December 10, discussing the issues with common man.

Notably, the opposition has been targeting the AAP for providing free electricity, water and free public buses for women among other facilities. However, AAP feels freebies help citizens live a life of dignity.

Gopal Rai, AAP’s Delhi unit chief, said that so far, politicians used to enjoy the facilities, while citizens paid taxes. He continued that Arvind Kejriwal’s government decided that the people should also get the facilities like the politicians, adding the BJP called their attempt revdis. He said that AAP is launching the ‘Revdi Par Charcha’ campaign to discuss with the people in the city if the government should provide the facilities or not.

Launching the campaign, Arvind Kejriwal said 65,000 meetings will be held across Delhi at micro levels by the AAP leaders and workers. He said that AAP has six revdis for the people of Delhi. Mentioning that the Prime Minister and BJP have said several times that Kejriwal is providing freebies to the people that should be stopped, the former Chief Minister said that now people will now tell them if they want these six freebies.  He further concluded that if the BJP is elected here, they will stop these services immediately.

While listing the six services, the AAP national convenor said that Delhi is getting free electricity round the clock. He added that there was a time when Delhi used to see power cuts for 8-10 hours, but AAP ensured that the situation changed. He also noted that his party is providing free water, free pilgrimage to senior citizens, free bus rides to women, free world-class education and free medicine and treatments. Additionally, the pamphlet launched by Arvind Kejriwal also listed that soon the women in Delhi will get Rs 1,000 per month as well, later termed as the seventh revdi by the former Chief Minister.

Reports said that the paper will be circulated across the national capital. The paper also reads that if the reader feels they are getting huge water bills, they should not pay it. It mentioned that AAP will waive all water bills once Arvind Kejriwal is re-elected.

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Rahul Gandhi says air pollution in North India a national emergency, tourism declining, global reputation crumbling

“We need a collective national response, not political blame games,” the Congress leader said on his X handle.

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Leader of Opposition in the Lok Sabha Rahul Gandhi on Friday said the air pollution in North India is a national emergency that needs a collective national response and not a political blame game. The Congress leader added that due to air pollution tourism is declining and “our global reputation is crumbling”.

It is a public health crisis that is stealing children’s future and suffocating the elderly, Gandhi said, adding an environmental and economic disaster that is ruining countless lives.

“As Parliament meets in a few days, MPs will all be reminded of the crisis by our irritated eyes and sore throats. It is our responsibility to come together and discuss how India can end this crisis once and for all,” the Leader of the Opposition in Lok Sabha said.

The former Congress chief said the poorest “among us suffer the most”, unable to escape the toxic air surrounding them. Families are gasping for clean air, children are falling sick, and millions of lives are being cut short, he added.

The Rae Bareli MP noted that the pollution cloud covers hundreds of kilometres. He said cleaning it up will require major changes and decisive action from governments, companies, experts, and citizens.

“We need a collective national response, not political blame games,” the Congress leader said on his X handle.

Gandhi also shared a video on a social media platform where he discussed the capital’s air pollution with environmentalist expert Vimalendu Jha. In the video, the Congress leader said he has been facing eye-burning and breathing issues and how the last week in Delhi has been terrible.

He said, “I tell my mother to leave town this month.” Jha explains to Gandhi that the sources of air pollution in Delhi are episodic and perennial. Episodic sources are firecrackers and stubble burning, which affect the month of November. “Vehicular contributes 50 per cent of Delhi’s pollution and construction-related roadside dust is another 30 per cent,” Jha said.

The Air Quality Index in Delhi has been severe since November 16, making it five consecutive days till Wednesday. On November 15, the average AQI was 396 (very poor).

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Indian Navy submarine collides with fishing boat near Goa coast, 2 fishermen missing

A spokesperson from the Navy told the media that eleven crew have been rescued so far.

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Indian Navy submarine collides with fishing boat near Goa coast, 2 fishermen missing

Indian Navy officials on Friday said that an Indian fishing vessel with a crew of 13 collided with an Indian Naval submarine near the Goa coast. 

Following the incident, a massive search and rescue operation has been launched by the Indian Navy, which has deployed six ships and aircraft. Reportedly, while 11 crew have been rescued, two are still missing.

The Ministry of Defence issued a statement and said that the vessel, Marthoma, collided with a Scorpene-class submarine about 70 nautical miles off the Goa coast. It added that search and rescue efforts for the remaining two are underway and are being coordinated with Maritime Rescue Coordination Centre Mumbai (MRCC). It further mentioned that additional assets including from the Coast Guard have been diverted to the area to augment the efforts.

The statement said that the cause of the incident is being investigated. Notably, Scorpene-class submarines are a major part of India’s naval power in the Indian Ocean as they can undertake multifarious types of missions, including anti-surface warfare, anti-submarine warfare, intelligence gathering, mine laying, and area surveillance.

Reports said that the state-of-the-art technology utilised for the construction of the Scorpene-class submarines has ensured superior stealth features such as advanced acoustic silencing techniques, low radiated noise levels, hydro-dynamically optimized shape and the ability to launch a crippling attack on the enemy using precision-guided weapons. Furthermore, the attack can be launched with both torpedoes and tube-launched anti-ship missiles, whilst underwater or on the surface.

Meanwhile, the Indian Navy in its statement said that 13 crew members were aboard the fishing vessel at the time of the collision. It added that while 11 crew have been rescued so far, two fishermen are still reported missing.

A spokesperson from the Navy told the media that eleven crew have been rescued so far. He stated that search and rescue efforts for the remaining two crew members of Marthoma are in progress and are being coordinated with the Maritime Rescue Coordination Centre (MRCC), Mumbai. Additional assets including from the Coast Guard have been diverted to the area to augment the efforts, he continued.

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