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Supreme Court Bar Association Meet on Four Judges’ Revolt Against CJI

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Supreme Court

Amid the upheaval caused by four of the senior most Supreme Court judges questioning the conduct of the Chief Justice of India, the Supreme Court Bar Association (SCBA) will meet on Saturday, January 13 evening to discuss the issue.

There were indications that the SCBA was of the view that the judges were wrong in going to the media and should have discussed and sorted out the issue internally.

In a move without a precedent, four senior most judges of the top court held a press conference on Friday, January 12, saying they decided upon this course after collective attempts to persuade the CJI to take remedial measures failed. The current situation, they added, was hampering the integrity of the judiciary.

“The four of us are convinced that unless this institution is preserved and it maintains its equanimity, democracy will not survive in this country,” Justice J Chelameswar said on the lawns of his residence.

Justice Chelameswar, who was speaking on behalf of the other judges, also released a letter written by them to the CJI two months ago. The letter has attacked the theory of “CJI being the master of the roster” cited by the CJI while deciding benches, saying he was only the ‘first among equals – nothing more, nothing less’ and raised a flag against the way the court has dealt with finalising the new memorandum of procedures, guidelines that guard the appointment of judges to the Supreme Court and High Courts.

They said there have been instances where “cases with far-reaching consequences for the nation and institution” has been assigned by the Chief Justice “selectively to the benches of their preferences without any rational basis for such assignments.”

The judges addressing the media were Justice J Chelameswar, Justice Ranjan Gogoi, Justice Madan B Lokur and Justice Kurien Joseph.

SCBA president, senior advocate Vikas Singh termed the press conference of the four Supreme Court judges as ‘ill planned’ and added that the allegations made by them were not substantial.

“If they had to come for a press conference, then they should have said something substantial. Just creating doubts in the minds of people will not serve the interest of the judiciary. I think this was not properly planned,” SCBA president Vikas Singh told ANI.

He further opined, “If at all they had anything substantial to say, they should have thought it over first rather than just suggesting something and leaving it to the minds of the people to keep guessing. All of the wild guesses will go all over the country and all kinds of things will be said about the Supreme Court.”

According to a News 18 report, he said that the “press meet has only led to speculation” and “that the letter (from the judges to the CJI) had nothing to reveal.”

“This has led to imagination of the country running wild. The institution derives its respect for the credibility it has garnered over these years. If the credibility goes, who will respect the institution? The press conference has only led to speculation,” he added.

Singh also criticised the stand taken by the judges stating that the judgment which has been cited in the letter to highlight the delay in finalising Memorandum of Procedure was “already withdrawn by the CJI”.

“The letter has absolutely nothing. The letter speaks about the RP Luthra matter which was dealt by Justice Goel and Justice UU Lalit. I don’t think that order was wrong which had only said that if the Memorandum of Procedure (MoP) was approved then why it is not being decided. That delay in finalising the MoP is harming the judiciary,” he said.

“But even that order was re-called by the CJI along with Justice AK Sikri and Justice Amitava Roy. It’s incomprehensible as to why Luthra verdict was cited in the letter. I do not understand how such senior judges could have committed such a mistake to have actually not checked facts? That order was withdrawn by the CJI,” said Singh.

On the master of roster issue, he said, “The master of the roster theory has also been accepted by the four judges. It is not as if something new has been done by CJI Mishra. But the way CJI has been forming those benches leaves a lot to be desired. But that does not justify what the four judges did. Even if the CJI was doing it wrong, he would still be the master of the roster. Still you have to give him the primacy.”

About reports that if the four judges’ protest was related to the case of CBI Judge Loya’s death, to which Justice Gogoi replied in the affirmative, albeit hesitantly, Singh said that Justice Loya wasn’t mentioned by either of them, “They haven’t said anything about Justice Loya either in the letter or the press conference. I don’t know how this justice Loya issue is coming up for discussion in this matter at all.”

Meanwhile, reports from Kerala said Justice Kurian Joseph, one of the four senior Supreme Court judges, on Saturday expressed confidence that the the issues raised by them would be resolved.

Joseph said that they acted solely in the interest of judiciary and justice, rejecting suggestions that they had violated discipline. He expressed the hope that their actions will bring in more transparency in the administration of the Supreme Court, reported The Times of India (TOI).

“Stood up for justice and judiciary…. That is what we said there (in New Delhi) yesterday. Nothing beyond that,” Justice Joseph said in Malayalam when local television news channels approached him at his ancestral home in Kalady near here seeking his reaction on yesterday’s development.

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Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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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.

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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.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

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.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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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.

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