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After run-ins with CJI Dipak Misra, senior advocate Rajeev Dhavan quits legal practice

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Dipak-Misra

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Senior advocate felt humiliated at the way Chief Justice Dipak Misra treated him during the Delhi government v/s Lieutenant Governor case proceedings

Days after a five judge Constitution Bench of the Supreme Court headed by Chief Justice Dipak Misra concluded its hearing in the much-publicised legal battle between the Delhi government and the Lieutenant Governor, senior advocate Rajeev Dhavan stunned the legal fraternity on Monday with his decision to “give up court practice”.

Dhavan, a senior lawyer known as much for his legal expertise as for his short temper, was representing the Arvind Kejriwal-led Delhi government in the case that dealt largely with his client’s demand for a clarity on the role of the Lieutenant Governor of Delhi in the day-to-day administrative affairs of the city-state.

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In a curt letter to Chief Justice Dipak Misra, Dhavan said: “After the humiliating end to the Delhi case, I have decided to give up Court practice.” The legal luminary who has had an acclaimed run as a lawyer in many a high profile case over the past three decades also added that while Chief Justice Misra is “entitled to take back my Senior Gown conferred on me” he would “like to keep it for memory and services rendered.”

That Dhavan and Chief Justice Dipak Misra did not exactly see eye-to-eye on several matters in which the former was arguing in the Supreme Court was an open secret and their frequent verbal spats during court proceedings only strengthened this notion further. However, the proceedings in the Delhi government-Lieutenant Governor case on December 6 seemed to have pushed Dhavan to the edge of his patience.

As the Constitution Bench declared that it was concluding hearing in the case – a little past 4 pm on December 6 – and was reserving its verdict in the matter, there were heated exchanges between Chief Justice Dipak Misra and senior counsel Rajeev Dhavan.

Dhavan, appearing for the Delhi government, had wanted to make some oral submissions to counter contentions put forth by the Respondents in the case. After initially denying Dhavan’s request, the Chief Justice finally permitted the senior lawyer to speak but with the rider that he would not raise issues that had already been submitted by lead counsel Gopal Subramanium.

As Dhavan began his submissions related to Article 239 of the Constitution, the Chief Justice interrupted him saying “this is an uncalled for and unwanted argument”. The interruption irked Dhavan who launched into a high-pitched broadside which was reciprocated by Chief Justice telling the senior lawyer: “You go on shouting. You are always like that. We will give our judgment”.

It was only after Gopal Subramanium and Indira Jaising – Dhavan’s colleagues in the team representing the Delhi government – made desperate attempts to pacify him that the senior advocate seemed to calm down and also apologised to the Bench for his behaviour.

This was, however, not the first run in that Dhavan had with the Chief Justice in recent weeks. A day before this spat, the Chief Justice and Dhavan had got into a heated argument while the latter, along with senior lawyers Kapil Sibal and Dushyant Dave, was demanding that the Supreme Court defer the hearing in the Babri Masjid-Ram Janmbhoomi title suit till mid-2019.

Aside from his direct verbal duel with Dhavan in the Supreme Court, Chief Justice Dipak Misra had also made an indirect attack at the senior lawyer on Thursday while presiding over an unrelated case. In a veiled reference to Dhavan’s outbursts a day before, the Chief Justice had said: “When lawyers argue in a manner not in tune with constitutional language, we will tolerate it, but for how long? If the Bar does not regulate itself, we will be compelled to regulate… Unfortunately, a small group of senior counsel thinks they can raise their voices. But they must understand that raising voices will not be tolerated. Raising voices only shows their inadequacy, incompetence and that they are not fit to be seniors.”

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India News

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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India News

10 Naxalites killed in encounter in Chhattisgarh’s Sukma

The District Reserve Guard (DRG) and the Central Reserve Police Force (CRPF) continue their search operation in the area.

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Ten Naxalites were killed in an encounter with security forces in the Sukma district of Chhattisgarh on Friday.

The confrontation started in the morning within a forest area under the jurisdiction of the Bhejji police station, where a joint operation was being conducted by security personnel as part of an anti-Naxalite initiative, according to Inspector General of Police (Bastar Range) Sundarraj P. 

This operation was initiated following intelligence regarding the presence of Maoists connected to the Konta and Kistaram area committees, situated in the forested regions around Korajguda, Dantespuram, Nagaram, and Bhandarpadar villages.

So far, the bodies of ten Naxalites have been recovered at the scene. Additionally, a significant cache of weapons was seized, including an INSAS rifle, an AK-47, and a Self Loading Rifle (SLR). 

The District Reserve Guard (DRG) and the Central Reserve Police Force (CRPF) continue their search operation in the area. This incident contributes to the year-to-date total of 207 Naxalite fatalities recorded in various clashes across the Bastar region of Chhattisgarh, comprising seven districts. 

On Wednesday, Chhattisgarh Chief Minister Vishnu Deo Sai met with Union Home Minister Amit Shah in the national capital, North Block. Their discussion focused on developmental progress in Naxal-affected areas of Chhattisgarh and efforts aimed at enhancing peace and stability in these regions. 

The Chief Minister emphasised that both the state government and security forces are diligently working to eradicate Naxal influence in Chhattisgarh, aligning with the Union Home Minister’s commitment to eliminate Naxalism by 2026.

“I met with Union Home Minister Amit Shah and updated him about the Naxal activities in Chhattisgarh. Over the past 11 months, close to 200 Naxals have been neutralized, and approximately 600-700 have surrendered. We are making significant strides towards the goal set by the Prime Minister and Home Minister to achieve a Naxal-free India by March 2026,” CM Sai told reporters following the meeting.

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Canada fact checks own media, rejects report claiming PM Modi knew of Nijjar murder plot

The clarification comes after a Canadian newspaper cited an unnamed national security official, claiming the alleged plot to murder Nijjar was orchestrated by Union Home Minister Amit Shah.

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Canada fact checks own media, rejects report claiming PM Modi knew of Nijjar murder plot

The Canadian government clarified that there is no evidence to connect Prime Minister Narendra Modi or his top officials to any criminal activity in Canada, including the killing of Khalistani terrorist Hardeep Singh Nijjar.

The clarification comes after a Canadian newspaper cited an unnamed national security official, claiming the alleged plot to murder Nijjar was orchestrated by Union Home Minister Amit Shah. The media report further alleged that PM Modi, External Affairs Minister S Jaishankar, and National Security Adviser Ajit Doval were informed about the plan.

Nonetheless, the same report acknowledged that the Canadian government had no direct evidence to support these claims against PM Modi. Issuing a statement, the Canadian government distanced itself from these allegations, mentioning that there was no substantiating evidence.

The statement underlined that on October 14th, because of a significant and ongoing threat to public safety, the RCMP and officials took the extraordinary step of making public accusations of serious criminal activity in Canada perpetrated by agents of the government of India.

It added that the government of Canada has not stated, nor is it aware of evidence, linking Prime Minister Modi, Minister Jaishankar, or NSA Doval to the serious criminal activity within Canada. It remarked that any suggestion to the contrary is both speculative and inaccurate.

Earlier, India furiously rejected the Canadian daily’s report as ludicrous, terming it detrimental to diplomatic ties that have been frosty since Canadian Prime Minister Justin Trudeau first accused India of involvement in Nijjar’s killing last year.

Ministry of External Affairs spokesperson Randhir Jaiswal said that they do not normally comment on media reports, but such ludicrous statements made to a newspaper purportedly by a Canadian government source should be dismissed with the contempt they deserve. He added that smear campaigns like this only further damage our already strained ties.

Diplomatic ties between India and Canada weakened when the Royal Canadian Mounted Police (RCMP) accused Indian government agents of involvement in criminal activities on Canadian soil, including murder, extortion, and intimidation. As the diplomatic rift intensified, both the countries expelled top envoys in response.

Hardeep Singh Nijjar was gunned down outside a gurdwara in Surrey, British Columbia, in June 2023. Earlier in 2024, Canadian authorities arrested and charged four Indian nationals for the murder.

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