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Justice Chelameswar refuses to hear PIL on allocation of cases in SC, says “reasons are too obvious”

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Justice Chelameswar refuses to hear PIL on allocation of cases in SC, says “reasons are too obvious”

A Supreme Court Bench led by Justice Jasti Chelameswar on Thursday, April 12, turned down an urgent mentioning to list for hearing a petition seeking clarification on the role of Chief Justice of India (CJI) as ‘master of the roster’ and specify that the CJI’s authority as such should not be reduced to an absolute, singular and arbitrary power.

This comes a day after a bench headed by Chief Justice Dipak Misra ruled that constitution of benches of the top court allocation of cases is exclusive prerogative of the CJI.

Justice Chelameswar – the senior-most judge after the Chief Justice – refused to hear the PIL filed on behalf of former Union minister Shanti Bhushan, commenting: “There is nothing much I can do in this. I am sorry. You please understand my difficulty… With two months left, I don’t want to hear that I am trying to grab some office. I do not want another reversal of my order in 24 hours. This is why I can’t do it. Let the nation decide its own course.”

Justice Chelameswar was referring to his earlier order which was quashed on November 10, 2017 by a Constitution Bench headed by CJI in the Campaign for Judicial Accountability and Reforms (CJAR) case.

Justice Chelameswar, who has been critical of Chief Justice Dipak Misra’s handling of the roster and had, along with three other senior judges, held an unprecedented press conference to slam CJI’s allocation of important cases to benches headed by junior judges, said that reasons for him not hearing Shanti Bhushan’s petition were “too obvious”.

A report by news agency PTI quoted Justice Chelameswar as saying: “someone is running a relentless tirade against me that I am up to grab something (sic)… Please understand my difficulty.”

The former law minister’s son and advocate Prashant Bhushan, however, persisted with the request to have the petition heard, claiming that the plea had been filed 10 days ago but the Supreme Court registry was yet to list it before a bench.

A report in The Hindu said that it was then that Justice Chelameswar’s puisne judge, Justice Sanjay Kishan Kaul, to say that retirement is looming for his senior brother judge and Justice Chelameswar should be spared from being dragged into controversy.

Prashant Bhushan was then forced to move to the court of Chief Justice Dipak Misra with his request to have his father’s petition heard. It may be recalled that while filing the PIL, the Bhushans had urged the Supreme Court registry to not list the plea before a bench headed by the Chief Justice.

In Court No. 1, as Prashant Bhushan urged the judges to list the petition for hearing, Justice DY Chandrachud asked: “have the defects (in the petition) been removed?” With Prashant Bhushan replying in the affirmative and adding that he had earlier urged the court of Justice Chelameswar to hear the matter but that his bench conveyed to him that “it could not do anything about it”, Chief Justice Dipak Misra said: “we will look into it.”

The petition by the Bhushans seeks a ruling by the apex court on the administrative authority of the Chief Justice in his capacity as the apex court’s master of roster and for laying down the principles and procedure to be followed while allocation of cases to various benches.

The Wednesday (April 11) verdict delivered by a bench headed by Chief Justice Dipak Misra himself against a petition filed by Allahabad-based lawyer Asok Pande ruled that constitution of benches of the top court allocation of cases is exclusive prerogative of the CJI.

Several jurists and former judges of the Supreme Court and various high courts have criticised the verdict, arguing that the CJI should have recused himself from hearing the petition filed by Pande as the petition directly concerned him.

The April 11 verdict, delivered by the bench that also comprised of Justices AM Khanwilkar and DY Chandrachud, reaffirms that the Chief Justice is “the first among equals” and “in the allocation of cases and the constitution of benches… has an exclusive prerogative.”

The 16-page verdict, authored by Justice Chandrachud, had dismissed Pande’s plea terming it as “scandalous” and said: “Underlying the submission that the constitution of Benches and the allocation of cases by the Chief Justice must be regulated by a procedure cast in iron is the apprehension that absent such a procedure the power will be exercised arbitrarily. In his capacity as a Judge, the Chief Justice is primus inter pares: the first among equals… Article 146 reaffirms the position of the Chief Justice of India as the head of the institution… As a repository of constitutional trust, the Chief Justice is an institution in himself… The ultimate purpose behind the entrustment of authority to the Chief Justice is to ensure that the Supreme Court is able to fulfil and discharge the constitutional obligations which govern and provide the rationale for its existence. The entrustment of functions to the Chief Justice as the head of the institution is with the purpose of securing the position of the Supreme Court as an independent safeguard for the preservation of personal liberty. There cannot be a presumption of mistrust. The oath of office demands nothing less.”

On the issue of how judges must be selected for various benches and to hear different kinds of cases that come before the apex court, the verdict had said: “the petitioner (Asok Pande) seems to harbour a misconception that certain categories of cases or certain courts must consist only of the senior-most in terms of appointment. Every Judge appointed to this Court under Article 124 of the Constitution is invested with the equal duty of adjudicating cases which come to the Court and are assigned by the Chief Justice. Seniority in terms of appointment has no bearing on which cases a Judge should hear… every Judge of the Court is entitled to and in fact, duty bound, to hear such cases as are assigned by the Chief Justice…”

“To suggest that any Judge would be more capable of deciding particular cases or that certain categories of cases should be assigned only to the senior-most among the Judges of the Supreme Court has no foundation in principle or precedent. To hold otherwise would be to cast a reflection on the competence and ability of other judges to deal with all cases assigned by the Chief Justice notwithstanding the fact that they have fulfilled the qualifications mandated by the Constitution for appointment to the office,” the verdict said.

—With inputs from India Legal Bureau and agencies

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Anything less than US control of Greenland unacceptable, says Trump

Donald Trump has said American control of Greenland is vital for national security and missile defence, reigniting debate over the Arctic island’s strategic importance.

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US president Donald Trump has said that American control over Greenland is essential for the United States’ national security, describing it as “vital” for a planned air and missile defence system known as the Golden Dome.

In a social media post on Wednesday, Trump claimed the United States “needs Greenland for the purpose of National Security” and asserted that the Arctic island plays a key role in the proposed defence architecture. He further said that NATO would become “far more formidable and effective” if Greenland were under US control, adding that “anything less than that is unacceptable.”

Comments ahead of US-Denmark talks

Trump’s remarks came just hours before senior Danish and Greenlandic officials were scheduled to hold talks at the White House with US Vice President JD Vance and Secretary of State Marco Rubio. The discussions are focused on Greenland and broader security issues in the Arctic region.

Responding to US concerns, Denmark’s defence minister Troels Lund Poulsen said the country was increasing its military presence in Greenland. He also noted that Copenhagen was in discussions with allies regarding a stronger NATO footprint in the Arctic.

NATO role and strategic concerns

Trump said NATO “should be leading the way” in building the proposed multi-layer missile defence system. He warned that if the alliance did not act, rival powers could step in, stating that Russia or China might otherwise take the lead.

The US president has repeatedly spoken about taking control of Greenland, a strategically located and sparsely populated island that is an autonomous territory within the Kingdom of Denmark. His renewed comments underline continued US interest in the Arctic’s strategic importance amid rising global security competition.

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Iran set to execute anti-Khamenei protester as Trump warns of strong US action

Iran is preparing to execute a protester linked to anti-regime demonstrations as US President Donald Trump warns of strong action amid a deadly crackdown.

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Iran is reportedly preparing to execute an anti-government protester on Wednesday, triggering sharp warnings from US President Donald Trump, who said Washington would take “very strong action” if the hanging goes ahead. The development comes amid a sweeping crackdown on nationwide protests that rights groups say has killed more than 2,000 people.

According to human rights groups, 26-year-old Erfan Soltani, arrested last week during protests in Karaj near Tehran, has been sentenced to death and faces execution without a proper trial. Iranian authorities have not publicly detailed the charges or judicial process in his case.

Trump urges Iranians to keep protesting

Trump has publicly encouraged Iranians to continue protesting, saying “help is on its way”, while warning Tehran against executing demonstrators. Speaking to media, the US president said the United States would respond forcefully if Iran began hanging protesters arrested during the unrest.

Earlier, Trump posted messages urging people in Iran to continue demonstrations and said he had cancelled meetings with Iranian officials until the killing of protesters stops. He did not specify what assistance the US might provide or which meetings had been cancelled.

Iranian prosecutors have reportedly threatened capital punishment under charges of “moharebeh”, or waging war against God, for some detainees linked to the protests.

Rising death toll and reports from morgues

Rights groups say the crackdown has been one of the deadliest in recent years. According to activist organisations, the death toll has crossed 2,500, including civilians and members of the security forces. Iranian officials, however, have blamed what they described as “terrorists” for the deaths and have not provided a clear breakdown.

Videos circulating on social media show bodies lined up at the Kahrizak mortuary near Tehran, wrapped in black bags, as families search for missing relatives. Authorities have declared national mourning for security personnel killed during the unrest and announced mass funeral ceremonies in the capital.

Internet blackout and Starlink access

Iran has imposed a widespread internet blackout, now extending beyond five days, limiting communication and information flow. Amid the restrictions, SpaceX has reportedly waived subscription fees for its Starlink satellite service in Iran, allowing users with receivers to access the internet without payment, according to groups working to restore connectivity.

Some international phone links were partially restored, but reports indicate services remain unstable and limited.

Political tensions and international reaction

Iranian leaders have insisted that control has been restored following days of protests described as one of the biggest challenges to the clerical leadership since the 1979 revolution. Supreme Leader Ayatollah Ali Khamenei has hailed pro-government rallies as evidence that the protest movement has failed.

Senior Iranian officials have accused Trump and Israeli leadership of responsibility for violence in Iran. Meanwhile, Western leaders have condemned the use of force against protesters, with some warning that sustained repression could further destabilise the country.

Analysts note that while the protests represent a serious challenge to Iran’s leadership, the government retains powerful security and enforcement mechanisms, making the outcome uncertain.

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Nearly 2,000 killed as Iran acknowledges high death toll in nationwide protests

Iran has for the first time acknowledged that nearly 2,000 people were killed during nationwide protests sparked by economic distress, as authorities continue a strict security crackdown.

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Iran has acknowledged for the first time that close to 2,000 people, including members of the security forces, have been killed during two weeks of widespread protests across the country, according to an Iranian official.

The official said the deaths occurred amid violent clashes during nationwide unrest that erupted over worsening economic conditions. The figure marks the highest acknowledged toll so far from the current wave of demonstrations, which has posed one of the most serious internal challenges to Iran’s leadership in recent years.

Official blames “terrorists” for violence

According to the official, those described as “terrorists” were responsible for the deaths of both protesters and security personnel. However, no detailed breakdown was provided regarding how many civilians or security forces were killed.

Iran’s clerical leadership has accused the United States and Israel of instigating unrest in the country, alleging that external actors exploited public anger and escalated the demonstrations into violent confrontations.

Dual approach to protests

Authorities have attempted to balance their response by distinguishing between what they describe as legitimate protests over economic hardship and acts of violence. While acknowledging public frustration over living conditions, the government has simultaneously enforced a strict security crackdown to contain the unrest.

The protests are reported to be the most significant challenge to the Iranian establishment in at least three years and come at a time of heightened international pressure following military strikes by the US and Israel last year.

Rights groups cite arrests and casualties

Human rights organisations had earlier reported that hundreds of people were killed during the protests and said thousands were detained as security forces moved to suppress demonstrations across several cities.

The flow of information from inside Iran has been severely restricted due to communications curbs, including recent internet blackouts, making independent verification difficult.

Clashes captured on video

Despite restrictions, multiple videos circulating online have shown intense nighttime clashes between demonstrators and security forces. Some of these visuals, verified by media, depict gunfire, burning vehicles, and damage to buildings, highlighting the scale of violence during the unrest.

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