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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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Union Minister Scindia slams Rahul Gandhi for Maharajas remark, Congress hits back

He argued that Gandhi’s remarks demonstrated a limited understanding of India’s past, accusing him of overlooking the positive contributions of several royal families to social reform and development.

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A sharp political clash erupted following Rahul Gandhi’s assertion that only Maharajas enjoyed rights in pre-independence India. Addressing a rally in Mhow, Gandhi claimed that Dalits, Adivasis (tribal people), and other backward castes lacked rights before independence, a stark contrast to the privileged position of royal families. He framed the BJP-RSS’s vision as a return to this pre-independence era, where, he alleged, only the ultra-wealthy like Adani and Ambani would hold sway, leaving the poor to suffer in silence. Gandhi’s speech was a powerful indictment of what he perceived as a regressive political agenda.

This statement immediately drew fire from Jyotiraditya Scindia, a BJP leader and former Congress member. Scindia, in a series of posts on X (formerly Twitter), directly challenged Gandhi’s historical narrative. He argued that Gandhi’s remarks demonstrated a limited understanding of India’s past, accusing him of overlooking the positive contributions of several royal families to social reform and development.

Scindia highlighted specific examples: the financial assistance provided by Maharaja Sayajirao Gaekwad of Baroda to B.R. Ambedkar for his education, Chhatrapati Shahuji Maharaj’s pioneering 50% reservation for backward castes in his governance as early as 1902, and Madhavrao I of Gwalior’s establishment of educational and employment centres across the Gwalior-Chambal region.

Scindia’s carefully chosen examples aimed to paint a picture of royal patronage of social justice, directly contradicting Gandhi’s narrative. His pointed criticism also served as a personal attack, emphasizing the perceived hypocrisy of a leader from a prominent royal family criticizing the historical role of other such families.

The Congress responded swiftly and forcefully to Scindia’s critique. Pawan Khera, the party’s media and publicity head, launched a counter-offensive, accusing Scindia of conveniently overlooking the darker aspects of the royal families’ history. Khera’s response emphasized the often-overlooked collaboration between many royal families and the British Raj, highlighting their loyalty to colonial rule and the economic privileges they enjoyed even after India’s independence.

He pointed to the substantial tax-free allowances granted to the Gwalior royal family (₹2.5 million in 1950), continuing until 1971, as a direct consequence of their privileged status within the pre-independent and early independent Indian states. Khera’s argument challenged the selective portrayal of royal benevolence, underscoring the enduring economic and political power imbalances that persisted well into the post-independence era.

Furthermore, Khera brought up the contentious issue of a royal family’s alleged involvement in Mahatma Gandhi’s assassination, reminding the public of the complex and often morally ambiguous legacy of many royal houses. He also quoted Jawaharlal Nehru’s rejection of the “divine right of kings” in a Constituent Assembly speech, showcasing the Congress’s historical commitment to dismantling the hierarchical power structures of the past.

Khera’s counter-narrative skillfully framed the debate as a struggle between a vision of inclusive democracy and the remnants of feudal privilege. He cleverly deployed Subhadra Kumari Chauhan’s poem on the Rani of Jhansi, subtly referencing the Scindias’ alleged alliance with the British, to add a layer of pointed historical critique to his response.

The exchange between Scindia and Khera transcended a simple disagreement over historical interpretation. It revealed deep-seated political fault lines and competing narratives about India’s past and the nature of its present-day political landscape. It also highlighted the ongoing debate about the legacy of princely states in independent India and the delicate balance between recognizing past contributions and acknowledging historical injustices. The intense rhetoric used by both sides underscored the high stakes involved in shaping public perception of India’s history and its implications for contemporary politics.

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India News

After Coldplay India tour, PM Modi pushes for live concerts

This includes not only the venues themselves but also the logistical support systems necessary to handle large-scale events smoothly and efficiently. The development of a skilled workforce, capable of managing all aspects of concert production and promotion, is equally vital.

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Prime Minister Narendra Modi has pointed to the phenomenal success of Coldplay’s recent concerts in Mumbai and Ahmedabad as a prime example of India’s burgeoning live music market. The sold-out shows, drawing massive crowds and widespread acclaim, showcased the immense potential for growth in the “concert economy,” a sector the Prime Minister believes is ripe for significant expansion.

Modi’s comments, made at the ‘Utkarsh Odisha – Make in Odisha Conclave 2025’, emphasized the need for coordinated efforts from both state governments and the private sector. He stressed the importance of investing in crucial infrastructure improvements and skills development to fully realize this potential.

This includes not only the venues themselves but also the logistical support systems necessary to handle large-scale events smoothly and efficiently. The development of a skilled workforce, capable of managing all aspects of concert production and promotion, is equally vital.

The Coldplay concerts, part of their Music of the Spheres World Tour, served as a compelling case study. The seamless organization and vibrant atmosphere were widely praised, underscoring the potential for India to become a major player in the global live music industry. The concerts weren’t merely successful musical events; they were significant cultural moments.

Chris Martin’s engaging interactions with the audience, incorporating Hindi, Marathi, and Gujarati, created a unique connection, demonstrating cultural sensitivity and enhancing the overall experience. The inclusion of patriotic songs like “Vande Mataram” and “Maa Tujhe Salaam” during the Ahmedabad concert, coinciding with Republic Day, further cemented the events’ resonance with the Indian public.

The presence of numerous celebrities, including Bollywood stars and prominent sports figures, added to the concerts’ high profile and contributed to the widespread media coverage. This amplified the message about India’s potential as a significant player in the international concert circuit.

Coldplay’s return to India, after their 2016 performance at the Global Citizen Festival, highlights the growing appeal of the country as a destination for major international artists. This positive trajectory suggests a bright future for India’s “concert economy,” a sector that Modi believes can be significantly boosted with strategic investment and planning.

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UP: 7 killed, 40 injured in stage collapse at Jain religious event in Baghpat

The incident serves as a stark reminder of the importance of stringent safety regulations and robust structural assessments for temporary structures used in large-scale public events.

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A tragic accident marred a Jain Nirvana festival in Baghpat, Uttar Pradesh, on Tuesday, resulting in the deaths of seven people and injuries to at least forty others, including women and children. The incident occurred during a laddu ceremony, a significant ritual in Jainism involving the offering of sweetmeats.

The cause of the tragedy was the collapse of a makeshift stage constructed from bamboo and wood. Hundreds of devotees had gathered to participate in the ceremony and offer laddoos to Lord Adinath, a revered figure in Jainism, in the presence of Jain monks. The weight of the crowd overwhelmed the temporary structure, leading to its catastrophic failure and the subsequent injuries and fatalities.

Eyewitness accounts paint a picture of chaos and panic as the stage gave way, trapping dozens of people beneath the debris. The rapid response of local authorities was crucial in mitigating the aftermath. According to district authorities, 108 ambulances were already on standby at the festival, allowing for immediate transport of the injured to hospitals for treatment. Senior police officials and other emergency personnel swiftly arrived on the scene to manage the situation and coordinate rescue efforts.

Baghpat’s District Magistrate, Asmita Lal, confirmed the casualties and provided an update on the injured. She stated that at least forty individuals had sustained injuries and were receiving medical attention, while twenty had been discharged after receiving first aid. The scale of the disaster highlights the inherent risks associated with inadequate structural integrity at large public gatherings.

Chief Minister Yogi Adityanath expressed his condolences and directed district officials to provide comprehensive medical care to the injured, ensuring that no effort is spared in their treatment and recovery. The incident serves as a stark reminder of the importance of stringent safety regulations and robust structural assessments for temporary structures used in large-scale public events.

Investigations into the cause of the stage collapse are likely to follow, focusing on the materials used, the construction methods, and the overall safety protocols in place. The tragedy underscores the need for heightened safety measures to prevent similar incidents in the future.

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