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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]

India News

India Metro Rail Network May Overtake US in 2 Years

India’s metro rail network has reached 1,170 km across 26 cities. Union minister Manohar Lal said the country could overtake the US in network length within two years.

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Manohar Lal Khattar

India is on track to become the country with the second-largest metro rail network in the world after China, with Union Minister Manohar Lal saying the country could overtake the United States within the next two years.

India’s metro rail network has now expanded to 1,170 km across 26 cities. The network is only 216 km shorter than the US metro rail network, which stands at 1,386 km, according to figures cited by the minister.

India’s metro network expands rapidly

Speaking after the inauguration of an extended metro service in Indore, Manohar Lal highlighted the pace at which metro connectivity has grown in India.

He said metro services were operational across just 245 km in five cities when Prime Minister Narendra Modi assumed office in 2014. The network has since expanded to 1,170 km across 26 cities.

The minister said India could overtake the US in terms of metro rail network length in the next two years and become the world’s second-largest country in this segment after China.

China currently has around 8,000 km of metro rail lines, according to the figures cited by the minister.

Indore metro extension inaugurated

The minister made the remarks after inaugurating an extended section of the Indore metro. The project was built at a cost of around Rs 2,850 crore.

The Indore metro was earlier operating commercially on a six-km stretch between Gandhi Nagar and Super Corridor-3 stations. Following the extension, the service will operate on a 17-km route between Gandhi Nagar and Malviya Nagar Chauraha.

Madhya Pradesh Chief Minister Mohan Yadav said the metro service would mark a new phase in Indore’s development. He also said the network would eventually be extended to Ujjain and other nearby areas.

India’s metro rail network: Key figures

  • India currently has 1,170 km of operational metro rail network.
  • Metro services are operational across 26 cities.
  • The US has around 1,386 km of metro rail network.
  • India is currently 216 km behind the US.
  • China has around 8,000 km of metro rail lines.
  • India’s operational network stood at 245 km across five cities in 2014.

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PM Modi returns to SRCC after 13 years, revisits 2013 glass full speech

PM Narendra Modi returned to SRCC after 13 years for its centenary celebrations, revisiting themes from his landmark 2013 address.

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PM Narendra Modi

Prime Minister Narendra Modi returned to Delhi University’s Shri Ram College of Commerce (SRCC) on Saturday, 13 years after his previous visit to the institution as Gujarat chief minister. 

His latest visit came as SRCC marked its centenary celebrations. Modi’s 2013 address at the college had attracted significant attention as he spoke about India’s youth, governance and the country’s demographic potential.

In 2013, Modi was Gujarat chief minister and had not yet been named the BJP’s prime ministerial candidate. He returned to the same campus this year as Prime Minister, having completed 12 years as Prime Minister and serving his third consecutive term. 

What PM Modi said at SRCC in 2013

The 2013 lecture was titled Emerging Business Models in the Global Scenario. The address also covered governance and India’s young population.

He described India’s youth as a source of national strength rather than simply a group of new-age voters. He also highlighted India’s demographic advantage and argued that the country needed to make better use of its young population.

One of the notable moments from the speech involved a glass of water.  Modi contrasted the conventional descriptions of a glass as half full or half empty and said he viewed it as full, with half containing water and the other half air.

The speech also included his remarks on technology and young Indians. Referring to an anecdote from a visit to Taiwan, Modi used the phrase “mouse-charmers” to describe Indians using computers and suggested that young Indians had the ability to influence the world through technology.

‘Minimum government, maximum governance’

Modi’s 2013 address also touched on governance. He spoke about the role of government and the need for better governance.

He also spoke about India’s potential in the 21st century. 

Modi returns as PM for SRCC centenary

The September 5 visit coincided with Teachers’ Day and SRCC’s 100th anniversary. The Prime Minister’s Office had announced that Modi would participate in the college’s centenary celebrations and address the gathering. SRCC was established in 1926 by industrialist and philanthropist Sir Shri Ram.

Earlier this year, Modi also met the SRCC governing body at his residence in April in connection with the college’s centenary celebrations and released a commemorative postage stamp marking the occasion. 

The return to SRCC came 13 years after his 2013 appearance at the college, when he addressed students as Gujarat chief minister.

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Supreme Court judge calls police assault on CJP protesters very distressing

Supreme Court judge Justice Ujjal Bhuyan criticised alleged police assaults on CJP protesters and raised concerns over excessive force.

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Supreme Court

Supreme Court judge Justice Ujjal Bhuyan has criticised the assault of protesters by police personnel during the recent CJP demonstrations in Delhi, describing the conduct as “very, very distressing” and a matter of serious concern.

Speaking at the launch of retired IPS officer Yashovardhan Azad’s book Policing the Republic, Justice Bhuyan said the detachment expected from police officers appeared to be diminishing.

He expressed concern over young Indian Police Service officers personally participating in the assault of protesters and demonstrators.

Justice Bhuyan stresses need for responsible policing

Justice Bhuyan said effective policing does not require excessive use of force or infringement of human rights. He emphasised that the police play an important role in maintaining public confidence because citizens generally approach the police when they feel they have been wronged.

He said maintaining the credibility of the police force was therefore of “utmost importance”.

The judge’s remarks come amid continuing scrutiny of the police and paramilitary response to the CJP protests in Delhi.

Supreme Court panel to examine police action

The Supreme Court has constituted a high-level panel to investigate allegations concerning the use of force by Delhi Police during the July 20 student protests at Jantar Mantar and the subsequent Parliament march.

The panel, headed by former Supreme Court judge Justice R Subhash Reddy, will examine complaints relating to lathi charges, tear gas, pellet guns and electronic batons. It will also look into allegations of targeted harassment or molestation of female protesters and review available CCTV and video footage.

The police response during the protests has faced criticism, while Delhi Police has maintained that its personnel were also attacked during the clashes.

Judge raises concern over custodial deaths and torture

Justice Bhuyan also spoke about custodial torture and deaths, describing custodial death as one of the gravest crimes in a society governed by the rule of law.

He stressed that torture and cruel, inhuman or degrading treatment cannot be accepted, regardless of whether such conduct takes place during investigation, interrogation or other circumstances.

The judge further warned that when government functionaries themselves become lawbreakers, it can undermine respect for the law and encourage lawlessness.

He questioned whether citizens lose their fundamental rights simply because they have been arrested by police.

‘Fake encounters’ cannot be part of policing

Justice Bhuyan also addressed allegations of extra-judicial killings, commonly referred to as “fake encounters”. Referring to a 2011 Supreme Court judgment, he said such encounters undermine the rule of law.

He stressed that an “encounter philosophy” cannot become part of legitimate policing and said proven fake encounters involving serving police officers must be treated with the utmost seriousness.

The Supreme Court’s panel will now examine the allegations surrounding the police action during the July 20 protests as scrutiny of the events continues.

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