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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]

India News

PM Modi’s Indonesia visit to boost defence, digital and strategic partnership

Prime Minister Narendra Modi’s Indonesia visit is expected to strengthen bilateral ties through new initiatives in defence, digital infrastructure, maritime security, trade and critical minerals.

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PM Narendra Modi

Prime Minister Narendra Modi’s upcoming visit to Indonesia is expected to give fresh momentum to the growing strategic partnership between the two countries, with discussions likely to cover defence cooperation, maritime security, digital connectivity, trade, critical minerals and several other sectors.

India’s Ambassador to Indonesia, Sandeep Chakravorty, said the relationship between New Delhi and Jakarta has entered a stronger phase following Indonesian President Prabowo Subianto’s visit to India as the Chief Guest for the Republic Day celebrations last year. He said the Prime Minister’s visit is expected to further strengthen this trajectory through a series of new understandings and agreements.

Defence and maritime cooperation likely to receive major push

According to the ambassador, defence and maritime security will remain key pillars of the discussions during the visit.

He highlighted Indonesia’s strategic location along the Malacca Strait, describing secure sea lanes as vital for both countries and the wider Indo-Pacific region. He stressed that uninterrupted maritime connectivity remains essential for global trade and regional stability.

Without revealing specific details, Chakravorty indicated that the visit could produce significant outcomes in defence cooperation, saying several important announcements are expected.

‘BrahMos Plus’ hints at broader defence partnership

The ambassador also suggested that defence ties between India and Indonesia are moving beyond discussions centred on the BrahMos supersonic cruise missile.

Responding to a question about future cooperation, he remarked that the next phase would be “BrahMos Plus,” while refraining from providing further details.

He said future collaboration is expected to focus on defence manufacturing, technology partnerships, training and capacity building. India, he noted, has emerged as an important exporter of defence equipment and could support Indonesia’s efforts to strengthen its domestic defence manufacturing capabilities.

Military cooperation is also expanding, with India set to participate with troops for the first time in the multinational Garuda Shield military exercise after previously attending as an observer.

Digital connectivity and UPI integration gain momentum

Digital cooperation is expected to be another major highlight of the visit.

The ambassador said Indonesia is preparing to launch its Open Network for Digital Commerce (ONDC)-inspired platform during Prime Minister Modi’s visit, making it the fastest international adopter of India’s digital public infrastructure model.

The initiative is expected to support nearly 65 million micro, small and medium enterprises (MSMEs) in Indonesia by creating a more open digital commerce ecosystem.

Chakravorty also said discussions on integrating India’s Unified Payments Interface (UPI) with Indonesia’s payment systems have reached an advanced stage.

While technical integration remains complex due to Indonesia’s multiple payment-switch networks, he expressed confidence that progress would continue and the Prime Minister’s visit could accelerate the process.

Critical minerals and investment to feature prominently

Critical minerals are also expected to be a major area of cooperation as both countries look to strengthen supply chains for clean energy technologies and electric vehicle manufacturing.

Indonesia possesses significant reserves of nickel and other strategic minerals, while India is seeking reliable supplies to support its manufacturing ambitions.

The ambassador said India plans to invest in processing critical minerals within Indonesia rather than importing only raw materials. He added that such investments would support industrial development in both countries while contributing to India’s self-reliance goals.

Cultural ties to be highlighted

Apart from strategic and economic cooperation, the visit is also expected to showcase the longstanding cultural relationship between India and Indonesia.

Both countries will launch a 15-month programme commemorating Rabindranath Tagore’s 1927 visit to Indonesia, recognising his influence on the country’s educational and cultural landscape.

Prime Minister Modi is also expected to visit Yogyakarta, a city known for its historic temples, reflecting the deep civilisational links shared by the two nations.

With cooperation expanding across defence, digital infrastructure, trade and critical minerals, the visit is expected to mark another important step in strengthening the India-Indonesia strategic partnership and advancing cooperation in the Indo-Pacific region.

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India News

Ram Mandir Trust accepts Champat Rai’s resignation amid donation theft row

The Shri Ram Janmabhoomi Teerth Kshetra Trust has accepted Champat Rai’s resignation as General Secretary following the donation theft controversy, with Bajrang Bagra emerging as a leading contender for the post.

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Champat Rai

The Shri Ram Janmabhoomi Teerth Kshetra Trust has accepted the resignation of its General Secretary, Champat Rai, following the controversy surrounding the alleged theft of cash donations at the Ram Temple in Ayodhya.

According to sources, Bajrang Bagra has emerged as one of the leading contenders for the post. Bagra currently serves as the International General Secretary of the Vishwa Hindu Parishad (VHP). A chartered accountant by profession and a former head of PSU NALCO, he is considered to have the administrative and financial expertise required as the Trust moves into its next phase.

Sources indicated that the Trust is looking to appoint someone with strong experience in governance, finance and institutional administration to strengthen its functioning.

Although Champat Rai has stepped down as General Secretary, sources said he is expected to continue as a trustee unless he decides otherwise.

Decision on successor may come after VHP executive meeting

The appointment of the next General Secretary is unlikely to be announced immediately. The VHP’s biannual national executive meeting is scheduled to take place in Delhi on July 19 and 20, where several organisational decisions, including transfers and appointments, are expected to be discussed.

Champat Rai and trustee Anil Mishra had submitted their resignations after Uttar Pradesh Chief Minister Yogi Adityanath reportedly took a firm stand on the alleged donation theft. Their resignations came after the Special Investigating Team (SIT) submitted its preliminary findings into the case.

Donation theft investigation

According to the preliminary investigation, temple staff responsible for counting cash donations allegedly siphoned off money despite CCTV cameras being installed at the counting centre. The report stated that the footage was not monitored regularly, allowing the alleged theft to continue. Reports suggest that around Rs 7 crore to Rs 7.5 crore may be missing.

So far, eight people have been arrested in connection with the case. Among them is Ram Shankar Yadav, also known as Tinnu Yadav, who worked as Champat Rai’s driver.

Sources said Champat Rai has told his close associates that Tinnu Yadav played the central role in the alleged fraud and misused the trust placed in him. According to the sources, Rai also claimed that when Yadav feared he would be caught, he leaked information to a Samajwadi Party leader.

The other accused arrested in the case are Avinash Shukla, Anukalp Mishra, Lav Kush Mishra, Manish Kumar Yadav, Karunesh Pandey, Ramashankar Mishra and Subhash Srivastava.

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WhatsApp gets more time to respond on username feature, rollout in India put on hold

WhatsApp has been granted more time to respond to the government’s concerns over its username feature and has assured that it will not launch the feature in India until discussions are completed.

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WhatsApp

Meta assures the government that the feature will not be introduced in India until ongoing consultations are completed.

Meta-owned WhatsApp has been granted an extension to submit its response to the Centre regarding its proposed username feature, while assuring the government that it will not roll out the feature in India until discussions on the matter are concluded.

According to sources, the government has allowed WhatsApp three additional days to file its response after the company sought more time. The original deadline for the reply was Friday.

The proposed username feature would allow users to connect with others without revealing their phone numbers, a move that has raised concerns within the government over its potential impact on cyber safety.

Last week, the Centre issued a notice to Meta questioning the feature, expressing concerns that it could increase online fraud, phishing attempts, impersonation, and so-called “digital arrest” scams. The government also directed the company to pause the rollout until consultations are completed to its satisfaction.

Sources said representatives from Meta met officials from the Ministry of Electronics and Information Technology (MeitY) on Friday following the issuance of the notice. During the discussions, WhatsApp reportedly assured authorities that the feature would not be introduced in India before the consultation process is completed.

The government has also asked Meta to explain why action should not be initiated under the Information Technology Act and the relevant rules if the proposed feature is found to compromise user safety. It reminded the company that WhatsApp, as a significant social media intermediary, must comply with due diligence obligations under Indian law.

A WhatsApp spokesperson had earlier clarified that the username feature is not yet live and is expected to be introduced gradually later this year.

The company said it has built several safeguards into the feature to prevent impersonation. According to WhatsApp, usernames of public figures, government entities, celebrities, and verified Meta accounts have been reserved so that they can only be claimed by their legitimate owners. It also said lookalike variations of such usernames are being restricted.

WhatsApp also clarified that users will still need a phone number to create and use a WhatsApp account. The username feature is intended only as an alternative way for people to connect.

The company added that users would need to know another person’s exact username before initiating contact. It also plans to limit how many new users an account can message, prevent repeated attempts to guess usernames, and use automated systems to detect impersonation and abusive behaviour.

To help users identify unfamiliar contacts, WhatsApp said it will display contextual information whenever someone sends a message through a username for the first time. Users will be informed whether the sender is a new account, an existing contact, someone who shares a mutual group, or a person located in another country before deciding whether to respond.

Following its notice to WhatsApp, the IT Ministry also issued notices to Telegram and Signal, seeking details on how their existing username-based systems address concerns related to fraud and impersonation. While WhatsApp has around 500 million users in India, Telegram has a significantly smaller user base.

In recent days, Meta and Telegram have also come under regulatory scrutiny on separate issues. The government recently issued a notice to Meta regarding child sexual abuse material appearing in Instagram advertisements, while Telegram was directed to strengthen action against the circulation of pirated films, OTT content, and other copyrighted audio-visual material on its platform.

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