English हिन्दी
Connect with us

India News

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

Published

on

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

Four militants killed as rival Naga groups clash in Manipur village

Four militants were killed in a gunfight between suspected rival Naga groups at Taodaijang village in Manipur’s Noney district on Wednesday.

Published

on

Manipur violence

At least four militants were killed in a gunfight between suspected rival Naga militant groups in Manipur’s Noney district on Wednesday, November 4.

The exchange of fire took place at Taodaijang village in the Khoupum area of the Naga-majority district. According to officials, the cadres involved were suspected to belong to rival Naga militant outfits, including the Zeliangrong United Front-Jenchui (ZUF-J) and the Zeliangrong United Front-Kamson (ZUF-K).

Initial reports indicated that the gunfight continued for several hours, leaving three cadres of ZUF-J and one cadre of ZUF-K dead.

The bodies of the deceased militants were subsequently recovered by local residents.

Residents appeal to armed groups to stop firing

Following the gunfight, local residents, including women, reached the spot in an attempt to prevent further violence between the rival groups.

They also used a public address system to appeal to the armed cadres to stop firing and prevent the situation from escalating further.

Further details about the circumstances surrounding the clash were awaited.

Manipur government reviews security situation

In a separate development, Manipur Chief Minister Yumnam Khemchand Singh directed senior security officials to identify active armed groups suspected of involvement in recent incidents of violence in the state.

The directive excluded groups engaged in peace talks with the state government.

The Chief Minister issued the instructions during a review meeting on the state’s law and order situation on Tuesday night.

He also asked security agencies, including the Army and central paramilitary forces, to submit a detailed report on the involvement of the suspected groups.

The Chief Minister said the state Cabinet could consider declaring such groups unlawful if their involvement in violence against innocent civilians was established.

He also emphasised that necessary action would be initiated against groups continuing to perpetrate violence against civilians.

Continue Reading

India News

Agnipath scheme gets 2-year extension for Agniveers, tenure may rise to 6 years

The Centre has introduced a two-year extension for the remaining 75% of Agniveers under the Agnipath scheme, creating another opportunity for them to seek enrolment in the regular armed forces.

Published

on

The Centre has introduced a significant change to the Agnipath recruitment scheme, offering a two-year extension to Agniveers who were earlier expected to leave the armed forces after completing their initial four-year service.

Chief of Defence Staff (CDS) General NS Raja Subramani announced the decision on Wednesday following a Union Cabinet meeting. Under the revised arrangement, the 75% of Agniveers who were not initially selected for absorption into the regular armed forces will be offered an additional two-year engagement period.

The development creates another opportunity for these personnel to continue serving in the armed forces beyond their original four-year tenure.

What changes under the revised Agnipath scheme?

Under the original Agnipath framework, Agniveers were recruited for a four-year service period, including training. At the end of this tenure, up to 25% of each batch could be selected for permanent enrolment into the regular armed forces, while the remaining 75% were expected to return to civilian life.

The revised arrangement introduces an additional two-year engagement for the latter group. This means their potential service period could increase from four to six years.

The extension also creates another opportunity for Agniveers to seek enrolment into the regular armed forces after completing the additional two years.

What happens after the additional two years?

According to General NS Raja Subramani, Agniveers completing the extended engagement period and willing to continue serving will be considered for enrolment in the regular armed forces.

Their selection will be based on objective criteria.

This creates an additional pathway for those who are not absorbed into the regular forces after their initial four-year tenure. However, the revised arrangement does not mean that every Agniveer will automatically receive permanent enrolment.

Why has the decision been taken now?

The announcement comes as the first batch of Agniveers recruited under the scheme approaches the completion of its initial four-year service period.

The Agnipath scheme was introduced on June 14, 2022, to recruit personnel into the Indian Army, Navy and Air Force for a fixed four-year engagement.

General Raja Subramani said the scheme had been undergoing periodic reviews, with the performance of Agniveers being continuously evaluated. He also indicated that feedback on their performance had been very positive.

The latest Cabinet decision creates an additional route for retaining personnel beyond the initial engagement period.

What was the original Agnipath arrangement?

Under the original framework, the armed forces could retain up to 25% of Agniveers in the regular cadre after their four-year service period, subject to selection.

The remaining 75% were to complete their engagement and transition to civilian life.

With the latest revision, this group will receive an additional two-year engagement opportunity before being considered for enrolment into the regular armed forces under the prescribed selection criteria.

The change therefore modifies the earlier arrangement by providing an additional opportunity for Agniveers to continue their military careers.

Continue Reading

India News

Hardeep Singh Puri set to win Rajya Sabha bypoll unopposed

Union Minister Hardeep Singh Puri is set to be elected unopposed to the Rajya Sabha from Madhya Pradesh after the returning officer rejected the nomination papers of two independent candidates.

Published

on

Hardeep Puri

Union Petroleum Minister Hardeep Singh Puri is set to enter the Rajya Sabha unopposed from Madhya Pradesh after the nomination papers of two independent candidates were rejected during scrutiny on Tuesday.

The two candidates whose nominations were rejected were Kante Sayanna and Rajkumar Lohani, the latter being backed by the Congress. Their rejection leaves Puri as the only candidate in the contest for the vacant Rajya Sabha seat.

According to an official, the result will be announced on November 5, which is also the last date for withdrawal of nominations.

The Returning Officer, Umesh Sharma, examined the nomination papers on the last day of scrutiny and rejected the two independent candidates’ applications.

Objections raised against Hardeep Puri’s nomination

The nomination papers submitted by Puri also faced objections from the two independent candidates and Congress leader Hemant Katare.

They questioned the validity and completeness of Puri’s affidavit filed in Form 26, raising concerns over whether the mandatory details had been properly furnished.

However, after examining the objections, Returning Officer Umesh Sharma concluded that Puri had not violated any requirements under the Representation of the People Act.

Sharma stated in his order that no defect had been found in Puri’s nomination papers that could justify their rejection.

Following the decision, Katare and Congress MLA Atif Aqeel announced that they would approach the court against the order.

Calling the decision an attack on Indian democracy, the Congress leaders said in a statement that Puri’s nomination should have been rejected despite what they described as significant errors.

Why the Madhya Pradesh Rajya Sabha seat fell vacant

The by-election was necessitated by the resignation of Union Minister L Murugan, which left a Rajya Sabha seat vacant in Madhya Pradesh.

With the nomination papers of both independent candidates rejected and Puri’s nomination cleared, the Union minister is set to be elected unopposed.

The final announcement is expected on November 5, the last day for withdrawal of nominations.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com