The Supreme Court Bar Association (SCBA) election campaigning has hotted up with Senior Advocate Kapil Sibal entering the fray in the last moment for the President’s post. Sibal’s main contender is Pradeep Rai, SCBA Vice-President for two terms and an active Senior Advocate known for his concern for members’ cause. Sibal, a Rajya Sabha MP from the Samajwadi Party, had filed his nomination on May 9, a mere seven days before the elections on May 16. The nomination of Sibal has triggered a debate whether a politician should contest and hold the presidentship of the SCBA.
Justice PV Shetty, former Lokayukta, Karnataka, told India Legal: “The President-elect should not make use of the position as the office-bearer of the association to improve his position. His political will should not find place in the association’s acitivity. It should be kept separate. One is elected as the President of the SCBA and one should not use the position to improve his political status.”
The SCBA’s mandate is to facilitate a constructive dialogue between the Bar and the Bench, nurturing an environment conducive to the administration of justice. However, partisanship can effectively mar any such interactive effort. A politician brings with himself a baggage of not only entrenched ideologies but vested interests too. He juggles two careers and two ambitions at a time. It opens up the SCBA or any organisation to become a tool of partisan motives, turning it into an impediment rather than a facilitator of legal discourse. This has potential to erode public trust in the judiciary and compromise the sanctity of law administration and justice.
Justice Sridhar Rao, former acting chief justice of Gauhati High Court, told India Legal: “Allowing a Member of Parliament or Member of Legislative Assembly to hold senior posts in the SCBA is not tenable. The association will then have the character of a political party. It will also affect the unity of the Bar.”
Accessibility is another crucial factor that underscores the unsuitability of politicians for leadership roles within professional bodies such as the SCBA. A politician’s hectic schedule, divided between political engagements and legal pursuits, leaves little room for meaningful engagement with the grassroots members of the Bar. A leader who is inaccessible to the common man cannot truly understand their concerns and represent their interests effectively.
Prof Suryaprakash, Vice Chancellor, National Law Institute University (NLIU), Bhopal, told India Legal: “Article 19 (i) (c) provides for freedom to form associations and unions. The SCBA has been formed not for political aggrandisement but for protection and promotion of advocates interests and rights; and to facilitate administration of justice. SCBA assists the highest court in justice delivery system, and is a part of justice delivery system. The Bar and the Bench go hand in hand. No politician should head the SCBA as it would make all political parties vie with each other to set up their own candidate and would thus make the association a political arena. Bar and Bench go hand in hand. No politician should head the SCBA. It should be headed only by legal professionals.”
Sibal was previously elected SCBA President three times, his last tenure was twenty-three years ago in 2001. Before that, he was President during the 1995-96 and 1997-98 terms. Kapil Sibal also served as the Additional Solicitor General of India during 1989–90.
Senior Advocate Pradeep Rai has over 25 years of standing at the Bar in the Supreme Court of India, various High Courts, Commissions, Regulatory Bodies and Tribunals. During his two terms as Vice-President, SCBA, Rai has taken quite a few initiative to promote the interests of the SCBA members which includes mediation programs, members housing , health benefits for members, chamber allotment and cultural programs.
Incumbent SCBA President Senior Advocate Adish Aggarwala is standing for re-election. Apart from Sibal, Rai and Aggarwala, Senior Advocate Priya Hingorani, Advocates Neeraj Srivastava and Tripurari Ray are also in the fray.
The SCBA elections will be held on May 16 . Voters will choose the President, Vice-President, Secretary, and Treasurer. A debate will be held in the Supreme Court lawns between the candidates for the posts of President and Hony Secretary on May 15. Votes will be counted on May 18, Saturday.
The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.
The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.
Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.
Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.
Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.
Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.
Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.
The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.
International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes
The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.
The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.
The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.
Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.
The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.
The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.
Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.
Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.
Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.
Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.
Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.
The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.
Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.
Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.
Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.
The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.
The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.
Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.
Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.
The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.
APN News is today the most watched and the most credible and respected news channel in India. APN has been at the forefront of every single news revolution. The channel is being recognized for its in-depth, analytical reportage and hard hitting discussions on burning issues; without any bias or vested interests.