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UP Medical College Scam: Chaos reigns in SC as CJI dissolves Justice Chelameswar-selected bench

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UP Medical College Scam: Chaos reigns in SC as CJI dissolves Justice Chelameswar-selected bench

[vc_row][vc_column][vc_column_text]The simmering power struggle at the Supreme Court came to the surface on Friday (November 10) when Chief Justice Dipak Misra made it clear that it is the CJI who is the master of roster of the Supreme Court. The apex court also made it clear that neither a two-judge, nor a three-judge bench can direct the CJI to constitute any specific bench (constitution bench).

The case was about an allegation that there has been an attempt to bribe judges of the Supreme Court related to registration of an Uttar Pradesh medical college. A petition in this regard had been filed by advocate Kamini Jaiswal. Another petition, on the same lines, had been filed by advocate Prashant Bhushan.

It may be recalled that the Centre had earlier de-registered 46 medical colleges for substandard facilities. Custodians of the Prasad Education Trust in Uttar Pradesh approached the Supreme Court for relief after they were debarred in August 2017 from admitting students for academic years 2017-18 and 2018-19.

Allegations have thereafter been made regarding this bribery possibility.

In the meantime, a Supreme Court bench comprising the CJI, Justice Khanwilkar and Justice Amitava Roy who were hearing the matter, stayed the Medical Council of India’s notification and allowed five medical colleges to admit students. The FIR filed by the CBI on September 19 under the Prevention of Corruption Act alleges that these five colleges then approached former Orissa and Allahabad HC judge, Justice (retd) Ishrat Masroor Quddusi, to supposedly fix the matter. First, they approached (allegedly on the advice of Justice Quddusi) the Allahabad HC, where they got a favourable order.

After that, Prasad Trust’s functionaries approached the Supreme Court and Justice Quddusi allegedly introduced them to Biswanath Agrawal, a resident of Bhubaneswar, Odisha, who claimed he was close to “senior public officials” and would “settle the matter in the apex court”.

On September 20, Quddusi and five others were arrested by the CBI and presented before Tis Hazari Court the next day. Judge Manoj Jain of the special court handling CBI cases sent Quddusi and the others to custody after the CBI said their custodial interrogation was required to unearth the “larger nexus” in the alleged medical college scam.

JUSTICE CHELAMESWAR’S DECISION

While hearing Jaiswal’s petition, Justices Chelameswar and Abdul Nazeer decided that the case would be heard by a five-judge constitution bench on Monday (November 13). The judges selected for that bench were Justices Chelameswar, Ranjan Gogoi, Madan Lokur, Kurian Joseph and AK Sikri.

This order was passed by Justices Chelameswar and Nazeer, after hearing senior advocate Dushyant Dave, who pressed for the constitution of a Special Investigation Team (SIT) to probe allegations. Chief Justice Dipak Misra was not included on this bench, just because—as Dave pointed out—the other similar case was being heard by the CJI.

This seemed a flawed decision. The roster of the apex court, including the formation of constitution or special benches is entirely the CJI’s discretion. The No. 2 (officially) of the court will not have this power.

That was what the CJI made clear on Friday. In dealing with the petition of Bhushan, the CJI too formed a constitution bench that did not include judges from the Justice Chelameswar-constituted bench. The CJI’s bench includes the CJI and Justices RK Agrawal, Arun Mishra, Amitava Roy and A M Khanwilkar.

The Justice Chelamshwar-constituted constitution bench, therefore, stands dissolved.

TEMPERS FRAYED

On Friday, however, tempers soared. Advocate Bhushan raised his voice while replying to the CJI. Though he apologized later, he had to be removed by marshals.

Bhushan, screaming at the top of his voice, said: “CJI should not be the member of this bench. He has corruption charges against him.”

A visibly angered CJI replied: “You are not even worth contempt.”

At that SCBA president Sodi said: “The bench can’t bring any favourable order under threat of terrorism.”

Justice Agrawal then told the SCBA president: “This is the duty of bar to take care of lawyers’ conduct. This court is not duty bound to look into lawyers conduct. We are here not here to protect any.”

Justice Amitava Roy got angry and told Bhushan: “Please don’t raise your voice. You are supporting the cause of accusing a sitting Chief Justice on his face.” Another lawyer said: “People are laughing at us.” There was a suggestion that both matters (related) be listed before a full court.

Talk was on, when Bhushan lost his temper and the altercation grew. Lawyers from Prashant Bhushan’s side pleaded: “Please don’t print this in the media. Please don’t allow any media person to publish this on news channels.”

Said the CJI: “There will be no anarchy or chaos. There cannot be an order directing a matter to be placed before a particular bench. If any such order has been passed by any bench, that will not hold the field… So that takes care of Monday’s bench.”

That was the end of the Justice Chelameswar-constituted constitutional bench.

There was trouble among lawyers too. One lawyer was heard saying: “Take our oral contempt petition. He (Prashant Bhushan) pushed us (while he was being escorted by the Marshalls of the court).”

Advocate Kamini Jaiswal said: “This order (of the CJI) may be placed before the other bench. In the last month there have been six matters which were before other bench taken by CJI.”

To that the CJI replied: “Yes. That is my prerogative. The MoP matter ought not to have been heard on the judicial side (hence he took it up and ordered as he did).”

The CJI finally ordered: “The matter be placed before the CJI to be placed before appropriate bench. List after two weeks.”

PS Narasimha asked: “Can anyone say, ‘I know someone and can get it done’.  Can this be the basis for contempt?”

Justice Arun Mishra said: “It cannot be read against any judge. Can there be any FIR against a judge?”

Justice Khanwilkar said: “Are we going to put our judiciary at the disposal of an SI?”

There was a suggestion by RS Suri that contempt may be issued against all concerned, including Ms Kamini Jaiswal, Prashant Bhushan, etc.

To that the CJI said: “That’s on contempt. We are on judicial propriety.”

A senior advocate observed: “These petitions have caused a perception that the Supreme Court is worse than a political establishment.”

Asked the CJI: “What is your suggestion?”

Several voices in court said: “Contempt”.

Bhan said: “They must explain their conduct.”

CJI, asking Bhushan, who was back: “You say ‘I lost my temper’. You can lose your temper. We cannot.”

CJI asked the opinions of senior advocates present in court. Advocate RP Bhat said: “This is contempt per se. Spoiling the image of the court.”

Things rested at that.

Source: India Legal[/vc_column_text][/vc_column][/vc_row]

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Man attempting to cross India-Pakistan border in Rajasthan shot dead by BSF personnel

“We are investigating the case under these acts,” he added.

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Border Security Force (BSF) personnel shot and killed an individual attempting to cross the India-Pakistan border in the Ganganagar district of Rajasthan late on Tuesday, according to police.

Jitendra Kumar, the station house officer at Kesrisinghpur police station, stated that the man was trying to breach the barbed wire fence when he was spotted by BSF personnel. “They advised him to leave the area, but when he continued to advance, the BSF personnel shot him,” said the SHO.

Sriganganagar Superintendent of Police Gaurav Yadav confirmed that the suspect was allegedly trying to enter Indian territory around midnight on December 24, 2024. Despite warnings from the BSF soldiers, he did not heed their calls, which resulted in the shooting.

The incident occurred near a village in the Kesarisinghpur area. Items recovered from the intruder included Pakistani currency notes, a cigarette packet, an identity card, and other belongings. Authorities are currently gathering more information about him.

Ongoing discussions are taking place between the armed forces and police officers regarding the incident. An FIR has been filed that includes charges of trespassing and violations of the Passports Act and the Foreigners Act, according to Kumar. “We are investigating the case under these acts,” he added.

This incident is one of several similar occurrences along the border. In August, the BSF apprehended an intruder named Jagsi Kohli, who had entered about 15 kilometers into Indian territory in Barmer after locals alerted authorities that he was asking for directions to Tharparkar, a district in Pakistan’s Sindh province.

In March of this year, another person attempting to cross the border in Ganganagar was shot by BSF personnel. There have been additional incidents reported in October 2022 and twice in March 2021, all resulting in fatalities among the intruders.

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Amit Shah, JP Nadda, Chandrababu Naidu among leaders at NDA meet in Delhi amid Ambedkar row

The alliance had decided to convene on the birthday of the late BJP leader, noted for successfully leading the first coalition government to complete its term.

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Union Home Minister Amit Shah, BJP chief J.P. Nadda and Telugu Desam Party (TDP) president and Andhra Pradesh Chief Minister Chandrababu Naidu among leaders of the NDA met in New Delhi on Wednesday to discuss different issues including Shah’s comment on BR Ambedkar days ago in Rajya Sabha.

In attendance, apart from Shah, Nadda and Naidu, JD-U leader and Union minister Rajiv Ranjan Singh, Apna Dal (S) president and Union minister Anupriya Patel, as well as JD (S) leader and Union minister H.D. Kumaraswamy were present.

Also present were Jitan Ram Manjhi, leader of Bihar’s Hindustani Awam Morcha (S) and a minister in the Modi government, Rashtriya Lok Morcha (RLM) president Upendra Kushwaha, a Rajya Sabha MP, and Thushar Vellappally, president of Bharath Dharma Jana Sena.

While the specific agenda of the meeting was not officially disclosed, sources indicated that discussions revolved around good governance and various political issues—principles that were central to Vajpayee’s tenure as Prime Minister. The alliance had decided to convene on the birthday of the late BJP leader, noted for successfully leading the first coalition government to complete its term.

Following the meeting, Nadda shared on X, “Attended the NDA leaders’ meeting in New Delhi today. Under the visionary leadership of PM Narendra Modi, India is achieving unprecedented milestones and has positioned itself as a global superpower. The NDA government remains committed to realizing the vision of ‘Viksit Bharat@2047’, ensuring a brighter and more prosperous future for all.”

Sanjay Nishad, chief of the NISHAD Party in Uttar Pradesh, described the meeting as “informal” and focused on Vajpayee’s legacy. He emphasised the importance of unity among all alliance members heading into future elections, mentioning that they congratulated the BJP leaders for their electoral victories in Haryana and Maharashtra.

Nishad further outlined that the meeting addressed coalition strategies to ensure that Prime Minister Modi’s initiatives effectively reach the populace and that electoral promises are fulfilled. He raised the topic of providing reservations for the fishing community, stating, “I presented evidence on this issue, as it was a poll promise. They will follow up with us next week to discuss it.”

Responding to inquiries about whether Amit Shah’s controversial remarks on Ambedkar were discussed, Nishad said, “We are here for the welfare of the people. Our energy should focus on achieving success in that area, rather than engaging with negativity from opposition parties.”

The NDA meeting underscores the alliance’s commitment to the proposed simultaneous elections, with all members backing the initiative. A Joint Committee of Parliament, established to review two bills related to simultaneous polls, is set to convene on January 8.

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Manipur CM Biren Singh says state needs immediate peace, understanding between two communities

He claimed that the administration is responding quickly to the displaced people’s needs in areas such as education and agriculture.

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Manipur Chief Minister N Biren Singh on Wednesday emphasised the urgent need for peace in the state, which has faced ethnic violence since May of last year, and called on two communities to reach a mutual understanding.

Speaking at the Good Governance Day event held at the state BJP headquarters, Singh expressed confidence that the BJP could restore stability to the northeastern state, highlighting the party’s commitment to coexisting harmoniously.

“What is happening in Manipur today has multiple causes. Those who seek to divide the state are now questioning the government’s actions… they are driven by a desire for power,” Singh remarked.

He mentioned several initiatives, such as ‘Meeyamgi Numit’ (People’s Day), designed to foster closer relationships between officials and the public. “We do not oppose any specific community. The BJP’s position is clear: we advocate for the idea of living together and have initiated efforts to strengthen ties between the police and the community,” he stated.

Singh added that the state government is diligently addressing the needs of internally displaced persons by establishing committees throughout the administrative framework. He claimed that the administration is responding quickly to the displaced people’s needs in areas such as education and agriculture.

“We have not made any mistakes. Our goal is to ensure the well-being of future generations. It is essential for both communities to remain calm. Rather than dwelling on the past, we should concentrate on the upcoming NRC process, capturing biometrics, and using 1961 as the foundation year for the Inner Line Permit,” Singh said.

He also highlighted the government’s commitment to acting within a democratic and constitutional framework, noting that achieving these goals will take time. “What we require now is immediate peace and a resolution of misunderstandings between the two communities,” he concluded.

The ongoing violence has resulted in the deaths of over 250 individuals and left thousands homeless due to clashes between the Meitei community and Kuki-Zo groups since last May.

“Only the BJP can save Manipur. BJP leaders possess strong values of nationalism and social justice, practicing reality-based politics in the nation’s interest. If I am not nominated for a ticket by the BJP, I will remain loyal to the party,” Mr. Singh added.

He also highlighted several unity-focused projects initiated by the BJP government, mentioning that a Unity Mall featuring stalls from all ethnic groups in the state will be constructed with an investment exceeding ₹140 crores.

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