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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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Fire near Dubai International Airport after drone incident, flights temporarily suspended

Flights at Dubai International Airport were temporarily suspended after a drone-related incident caused a fuel tank fire near the facility. Authorities confirmed the blaze was contained and no injuries were reported.

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Fire at Dubai international airport

A fire broke out near Dubai International Airport on Monday after a drone-related incident struck a fuel tank in the surrounding area, prompting authorities to suspend flights temporarily while emergency teams responded.

Officials said crews from Dubai Civil Defence were quickly deployed to control the blaze after the incident was reported near the airport. Authorities confirmed that no injuries were recorded and that safety protocols were immediately activated in the surrounding area.

The Dubai Media Office said in a post on X that a drone incident near the airport had affected one of the fuel tanks. Emergency teams moved rapidly to bring the fire under control.

Later, officials confirmed that the situation had been contained. According to authorities, civil defence teams successfully controlled the fire resulting from the impact on the fuel facility, and there were no casualties.

Authorities said response teams acted quickly while precautionary safety measures were implemented to safeguard residents, workers and airport operations in the area.

Flights temporarily suspended as precaution

Following the incident, the Dubai Civil Aviation Authority announced a temporary suspension of flights at Dubai International Airport to ensure passenger and staff safety.

Travellers were advised to contact their respective airlines for updated flight schedules as authorities assessed the situation and continued response operations.

Airport officials also confirmed that some flights were diverted to Al Maktoum International Airport during the temporary suspension.

Rising security concerns amid regional conflict

The incident comes amid heightened tensions in the region. Officials said Iran has fired more than 1,800 missiles and drones toward the United Arab Emirates since the start of the ongoing Middle East conflict.

Authorities said the UAE has become one of the most targeted countries during the escalation, though most projectiles have reportedly been intercepted by air defence systems.

The strikes have targeted both military and civilian infrastructure, including airports, ports and oil facilities across the Gulf after US-Israeli strikes reportedly hit Iranian leadership targets.

Meanwhile, the UAE’s defence ministry has reported six deaths linked to the conflict so far — four civilians and two military personnel. Officials said the soldiers died in a helicopter crash caused by a technical issue.

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Dubai hit again within 24 hours as debris strikes building, drone targets US embassy in Baghdad

A building in Dubai’s financial hub was struck by debris from an intercepted attack while a drone targeted the US embassy in Baghdad, officials said.

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A building in the financial district of Dubai was struck by debris from an intercepted aerial attack on Friday, marking the second such incident reported in less than 24 hours as tensions continue during the ongoing conflict involving the United States, Israel and Iran.

Authorities confirmed that debris from a successful interception hit the façade of a building in central Dubai. According to an official statement shared by the Dubai Media Office on social media platform X, the situation was quickly brought under control. Officials also said there was no fire and no injuries reported in the incident.

Witnesses described hearing a powerful blast in the area around the Dubai International Financial Centre (DIFC), one of the emirate’s busiest financial hubs. A resident living nearby told media that the sound was the loudest they had ever heard and initially feared something catastrophic had happened.

Another correspondent reported hearing a massive double explosion that shook surrounding buildings and left a cloud of black smoke hanging over the district for some time before the situation stabilised.

Drone hits US embassy complex in Baghdad

In a separate development, a drone struck the United States Embassy Baghdad in Baghdad, according to Iraqi security officials. Media present near the area reported seeing smoke rising from inside the diplomatic compound after the strike.

Security sources confirmed that the drone attack directly targeted the embassy complex. Details about damage or casualties were not immediately available.

The attack occurred shortly after two strikes targeted positions linked to the Iran-backed group Kataeb Hezbollah. Security officials said the strikes killed two members of the group, including what was described as a key figure.

According to one security source, a missile hit a house used by the group at around 2:15 am local time. The source added that the strike resulted in the death of a senior member, while two others were wounded.

The incidents in Dubai and Baghdad come as the wider regional conflict involving the United States, Israel and Iran continues to escalate into its 15th day, raising concerns about the spread of hostilities across the Middle East.

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US KC-135 refuelling aircraft crashes in Iraq amid ongoing Iran war

A US KC-135 refuelling aircraft crashed in western Iraq during the ongoing Iran war, marking the fourth American aircraft lost in the conflict, according to the US military.

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us millitary aircraft crash

The United States military has confirmed that one of its aerial refuelling aircraft crashed in western Iraq, marking the fourth American aircraft lost since the start of the current conflict involving Iran.

According to a statement issued by United States Central Command (CENTCOM), the incident involved a Boeing KC-135 Stratotanker. The military said one aircraft went down in western Iraq, while another aircraft linked to the situation was able to land safely.

CENTCOM clarified that the crash was not the result of hostile fire or friendly fire, though details about the cause of the incident have not yet been disclosed.

Fourth US aircraft lost in the conflict

The crash makes the KC-135 the fourth American military aircraft lost since the beginning of the war in the Middle East, which started on February 28.

Earlier in the conflict, three McDonnell Douglas F-15E Strike Eagle fighter jets were mistakenly shot down by forces from Kuwait in what the US military described as friendly fire. Despite the loss of the aircraft, all six crew members from those jets managed to eject safely.

CENTCOM had earlier said the incident happened during intense combat operations that included attacks from Iranian aircraft as well as ballistic missiles and drones.

KC-135 aircraft and crew details

The KC-135 aerial refuelling aircraft has been in service for more than six decades and plays a key role in extending the range and endurance of US military aircraft during operations.

Typically, the aircraft operates with a three-member crew, consisting of a pilot, a co-pilot and a boom operator responsible for refuelling other aircraft mid-air. However, certain missions may require a navigator, and the aircraft can carry up to 37 passengers, according to information provided by the US Air Force.

Authorities have not yet released information about the crew involved in the latest crash or whether there were casualties.

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