English हिन्दी
Connect with us

India News

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

Published

on

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.”

India News

India summons Ukrainian envoy after ships with Indian crew attacked in Black Sea

Published

on

India has summoned the Ukrainian Ambassador after two merchant vessels carrying Indian crew were attacked in the Black Sea, raising concerns over the safety of Indians working in the conflict zone.

The Ministry of External Affairs (MEA) described the incidents as a matter of serious concerns and conveyed India’s position directly to the Ukrainian envoy.

According to the MEA, the attacks took place amid the ongoing Russia-Ukrainian war, where commercial shipping has increasingly come under threat due to military operations. Although no deaths have been reported, several Indian seafarers were on board the affected vessels, prompting the government to seek immediate clarification from Ukraine and stress the need to ensure their safety.

During the meeting, the MEA reiterated that merchant ships engaged in commercial trade and civilian crew members must not become targets during armed conflict. India urged Ukraine to take all possible steps to prevent such incidents and to uphold international maritime law, which protects civilian shipping operating in international waters.

The ministry said it is in constant contact with Indian missions abroad, shipping companies, and maritime authorities to monitor the condition of Indian crew members. Officials have assured that diplomatic and consular assistance for the crew.

The attack have once again highlighted the dangers faced by thousands of Indian seafarers employed on international cargo vessels operating in conflict-affected regions. The continuing war has disrupted shipping routes in the Black Sea, creating risks for commercial trade and the safety of multinational crews.

The latest diplomatic move reflects India’s consistent position on the Russia-Ukraine conflict. While maintaining relations with both countries, India has repeatedly called for dialogue, a peaceful resolution to the conflict, and the protection of civilians and commercial vessels under international law.

Continue Reading

India News

Barring emergency vehicles, Delhi-Haridwar highway to be shut for traffic from August 4 to 12 for Kanwar Yatra

Published

on

The Delhi-Haridwar highway will be closed for all vehicular traffic from August 4 to August 12 to ensure the smooth and safe conduct of the Kanwar Yatra.

The decision was jointly taken by Delhi Police, Uttar Pradesh Police and Uttarakhand Police after assessing security arrangements and traffic management plans.

The restrictions have been imposed as lakhs of Kanwariyas are expected to travel to collect water from the Ganga in Haridwar and other pilgrimage centres before returning to their hometowns.

Traffic restrictions on key stretches of the highway will impact most private and commercial vehicles. Emergency vehicles including ambulances, fire services and police vehicles will be allowed to operate. The authorities have issued diversion plans for vehicles moving from Delhi, Uttar Pradesh, Uttarakhand and adjoining states.  

The restrictions are necessary, officials said, because of the huge number of pilgrims. The objective is to ease traffic congestion, avoid accidents and ensure safe movement of devotees. 

Police have advised commuters to avoid the Delhi-Haridwar route during the restricted period and to use alternate highways wherever possible. According to the traffic advisory, transport operators have been asked to change their travel schedules. The route will have extra police, traffic wardens and surveillance teams to monitor the movement of vehicles and control the crowds.                               

The Kanwar Yatra is one of the biggest annual religious pilgrimages in North India that draws lakhs of devotees from Delhi, Uttar Pradesh, Haryana, Rajasthan, Punjab and other states. Every year, special traffic arrangements are made to manage the huge inflow of pilgrims travelling on foot and in designated vehicles.

Officials are busy making last minute preparations for the yatra, including security checks, medical camps, temporary shelters and help centres along the route. Commuters are advised to follow official traffic advice and plan journeys in advance to avoid delays. The restrictions will continue till August 12, after which normal movement of traffic is likely to resume on the Delhi–Haridwar highway.

Continue Reading

Entertainment

Dhanush’s call for public service fuels speculation on entry into politics

Published

on

Tamil actor Dhanush has sparked political rumours after urging his fan clubs to focus on public service and “find a purpose” beyond celebrating his films during a blood donation camp in Chennai.

While his remarks triggered widespread discussion online, the actor hasn’t formally announced his political entry.

Addressing members of his fan associations, Dhanush encouraged them to channel their collective strength towards welfare initiatives that could positively impact society. He urged his supporters to identify the needs of people in their local communities and extend help wherever possible, saying he wanted his fans to be known for their service rather than just their support for his films.

The speech quickly gained attention on social media, with several users drawing comparisons between Dhanush and actor-politician Vijay, whose fan clubs had similarly expanded their welfare activities before he formally entered politics. Many online users interpreted Dhanush’s emphasis on organised social work as a possible indication of future political ambitions.

Dhanush did not make any reference to joining politics or launching a political outfit during his address. His speech remained focused on encouraging fans to undertake blood donation drives, charitable work and other community welfare initiatives.

The actor’s fan clubs have long been involved in social service activities, including relief work, blood donation camps and assistance during natural disasters. His latest remarks have, however, brought back online discussions over whether he could eventually follow the path taken by Vijay and several other Tamil cinema personalities who entered public life.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com