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SC dismisses petition challenging CJI’s role as master of roster

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SC dismisses petition challenging CJI’s role as master of roster

Bench headed by Chief Justice Dipak Misra rules that allocation of cases and constitution of benches is the exclusive prerogative of the Chief Justice

Putting to rest the debate over the role of the Chief Justice as the master of the roster, the Supreme Court, on Wednesday (April 11), summarily dismissed a petition that challenged his powers of allocation of cases to various benches while asserting that there cannot be a “presumption of mistrust” against the head of the apex judicial institution.

The verdict, passed by a three-judge bench headed by Chief Justice Dipak Misra himself and comprising Justices AM Khanwilkar and DY Chandrachud, came against a petition filed by Allahabad-based lawyer Asok Pande. The bench, which had heard the plea for less than five minutes on Monday before reserving its order in the matter, termed the petition as “scandalous” while cautioning the petitioner to be “more responsible for the manner in which he seeks to draft pleadings in the future.”

The Supreme Court’s verdict that reaffirms that the Chief Justice is “primus inter pares: the first among equals” and that “in the allocation of cases and the constitution of benches… has an exclusive prerogative”, comes months after the infamous ‘mutiny’ by four of the top court’s senior-most judges who had raised grave doubts on the manner in which Chief Justice Dipak Misra had been allocating cases to certain benches of the Supreme Court. The unprecedented press conference by the four judges, followed by controversial averments by Justice J Chelameswar – the senior-most judge in the apex court after the CJI – had cast a shadow of doubt in the public’s mind over the manner in which the apex court was adjudicating on important cases, including the petitions on the Aadhaar-linking matter and the one seeking an independent SIT probe in the mysterious death of CBI judge BH Loya.

However, Wednesday verdict, authored by Justice DY Chandrachud, effectively puts to rest any possibility of the Supreme Court breaking from its time-tested tradition of vesting in the Chief Justice the powers of constituting benches and the allocating cases to them.

The 16-page verdict by the three-judge bench says: “the petitioner is not entitled to seek a direction that Benches of this Court should be constituted in a particular manner or, as he seeks, that there should be separate divisions of this Court. The former lies exclusively in the domain of the prerogative powers of the Chief Justice.”

On the issue of how judges must be selected for various benches and to hear different kinds of cases that come before the apex court, the verdict says: “the petitioner seems to harbour a misconception that certain categories of cases or certain courts must consist only of the senior-most in terms of appointment. Every Judge appointed to this Court under Article 124 of the Constitution is invested with the equal duty of adjudicating cases which come to the Court and are assigned by the Chief Justice. Seniority in terms of appointment has no bearing on which cases a Judge should hear… every Judge of the Court is entitled to and in fact, duty bound, to hear such cases as are assigned by the Chief Justice…”

“To suggest that any Judge would be more capable of deciding particular cases or that certain categories of cases should be assigned only to the senior-most among the Judges of the Supreme Court has no foundation in principle or precedent. To hold otherwise would be to cast a reflection on the competence and ability of other judges to deal with all cases assigned by the Chief Justice notwithstanding the fact that they have fulfilled the qualifications mandated by the Constitution for appointment to the office,” the verdict adds.

The verdict concludes by saying: “Underlying the submission that the constitution of Benches and the allocation of cases by the Chief Justice must be regulated by a procedure cast in iron is the apprehension that absent such a procedure the power will be exercised arbitrarily. In his capacity as a Judge, the Chief Justice is primus inter pares: the first among equals… Article 146 reaffirms the position of the Chief Justice of India as the head of the institution… As a repository of constitutional trust, the Chief Justice is an institution in himself… The ultimate purpose behind the entrustment of authority to the Chief Justice is to ensure that the Supreme Court is able to fulfil and discharge the constitutional obligations which govern and provide the rationale for its existence. The entrustment of functions to the Chief Justice as the head of the institution is with the purpose of securing the position of the Supreme Court as an independent safeguard for the preservation of personal liberty. There cannot be a presumption of mistrust. The oath of office demands nothing less.”

2024 Lok Sabha Elections

Lok Sabha election 2024: Nearly 50% voter turnout recorded in second phase till 3 pm

The constituencies going to polls today include all 20 Lok Sabha seats in Kerala, 14 in Karnataka, 13 in Rajasthan, and others spread across different states.

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In the second phase of Lok Sabha elections 2024, over 50% of voters were registered in 13 states and the UTs till 3 p.m. 65% of voters participated in the first round of the Lok Sabha elections.

The 18th Lok Sabha elections are currently in their second phase, with voting for 88 seats taking place across 13 states and union territories. There are more than 1,200 people running for office, four of them are from outside Manipur.

Union minister Rajeev Chandrasekhar, BJP members Tejasvi Surya, Hema Malini, and Arun Govil, Rahul Gandhi and Congress leader Shashi Tharoor, DK Suresh, the brother of Karnataka Deputy Chief Minister DK Shivakumar, and former chief minister HD Kumaraswamy are among the notable contenders for the second phase.

In 2019, the NDA had won 56 of the 89 seats and the UPA 24. Six of these seats have been redrawn as part of the delimitation exercise.

The first phase of the seven stages of the elections took place on Friday, including 102 seats spread across 21 states and Union territories. Voter turnout was about 65.5% in the first phase, according to the reports.

In biggest festival of democracy, people from all walks of sector took part in it. A video went viral where former India captain and current Indian team head coach Rahul Dravid and former India player and head coach Anil Kumble were seen standing in line  to cast their vote.

Meanwhile, voting started at 7 a.m. and will end at 6 p.m. The Election Commission has extended voting hours for those who are in line by an hour. According to Election Commission figures, the first two hours saw a 9.3% voter turnout throughout the 88 constituencies. By 9 am, Kerala had recorded 8.52%, Karnataka 9.21%, and Madhya Pradesh 13.82%.

In this phase, there were about 15.88 crore eligible voters, comprising 5.929 third-gender electors, 8.08 crore males, and 7.8 crore women. 3.28 crore young voters, aged 20 to 29, are among them; 34.8 lakh of them are first-time voters.

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2024 Lok Sabha Elections

Lok Sabha elections 2024: 102-year-old man walks to polling booth to cast his vote in Jammu

The lowest voter turnout so far was noted in Ramgarh at 1.53%.

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A 102-year-old man showed up at a Jammu polling place to cast his vote in the second phase of the Lok Sabha elections on Friday. Haji Karam Din arrived at the Reasi district polling place in the Jammu constituency with a walking stick in hand and a family member who assisted him with the pre-voting process.

Haji Karam Din, who is 102-year-old, showed his inked finger and posed for pictures outside the polling booth after casting his vote. He said voting at this polling place at this age makes him very happy. He has always cast his vote. Even at the age of 102, this experience is still ongoing, he said.

Reasi district is a part of the Jammu parliamentary constituency, and 22 candidates are up for vote with around 17.81 lakh eligible voters.

BJP’s sitting member Jugal Kishore Sharma is aiming for a third term in office following wins in the elections of 2014 and 2019. Former minister and Congress candidate Raman Bhalla is his main opponent.

Voting in the Jammu-Reasi Lok Sabha constituency began with eager voters showing up at the polling places. Some of them were wearing traditional Dogra attire.

In 2,416 polling places around the constituency, voting got underway at 7 a.m., and 10.39% of the total votes were cast by 9 a.m. In the 2019 Lok Sabha elections, Jammu recorded a 74% voter turnout.

Following the repeal of Article 370 and the division of the former state into two Union Territories five years ago, this is Jammu’s first significant election.

The Akhnoor segment received the highest percentage of votes, 14.24%, followed by Reasi (14.13%), Gulabgarh (13.53%), Shri Mata Vaishnodevi (12.71%), Marh (12.31%), Samba (8.56%), R S Pura Jammu South (8.17%), and Suchetgarh (5.67%), according to the officials. Ramgarh recorded the lowest voter participation of 1.53% so far.

Low attendance was observed in the border areas of the districts of Jammu and Samba till nine in the morning, according to poll data.

The officials said that big lines of voters were observed at several polling places throughout Jammu city. Voters were observed heading towards polling places early in the morning.

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India News

Salman Khan house firing case: NIA interrogates arrested shooters Sagar Pal, Vicky Gupta for three hours

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The investigation into the shocking firing incident that took place outside Salman Khan’s house on April 14 keeps bringing new updates with every passing day. In this case, Sagar Pal and Vicky Gupta, the two suspected shooters, have already been taken into custody.

The two shooters have reportedly been questioned by the National Investigation Agency (NIA), according to a new development. Every day that goes by, more information is revealed about the inquiry into the shocking firing incident that happened outside Salman Khan’s house on April 14. Sagar Pal and Vicky Gupta, the two accused shooters, are being held in custody after their first arrests.

It was recently discovered that the two shooters were questioned by the National Investigation Agency (NIA).

NIA has reportedly begun questioning Sagar Pal and Vicky Gupta, who were detained a few days ago for firing openly outside Salman Khan’s Galaxy Apartments in Mumbai, according to a recent update posted on their X (Twitter) account. NIA has interrogated shooters Vicky Gupta and Sagar Pal, arrested in the firing case, the tweet said.

According to the reports, two Punjabi residents were taken into custody by the Mumbai Crime Branch yesterday on suspicion of being involved in the recent shooting incident outside the house of Bollywood actor Salman Khan.

The two men, Sonu Subhash Chander and Anuj Thapan, provided guns to Sagar Pal and Vicky Gupta, the shooters, according to information released by the Mumbai Crime Branch. It was also reported that they had communication with the Bishnoi gang. For those who don’t know, hours after the incident, Anmol Bishnoi, the brother of gangster Lawrence Bishnoi, allegedly took credit for the firing in a Facebook post.

The shooters’ custody has been extended by Mumbai’s Esplanade Court until April 29.

Meanwhile, on the workfront Salman Khan was last seen in Tiger 3 alongside Katrina Kaif.

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