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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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World Earth Day 2024: Google Doodle showcases aerial view of planet’s natural beauty

Google celebrated Earth Day 2024 with a special doodle featuring an aerial view of our planet’s biodiversity.

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Google shared a doodle today to celebrate World Earth Day 2024, which showcased aerial photos of the planet’s biodiversity and natural beauty. Google reminded us of the importance of protecting planet earth for future generations with the help of this doodle.

The Google letters depict specific locations across the globe where people, communities, and governments work every day to help protect the planet’s natural beauty, biodiversity, and resources, according to the explanation of the annual Earth Day 2024 doodle on their website.

It said, these examples remind us that there’s much more to do to address the climate crisis and biodiversity loss, but also offer the promise of hope and optimism.

The islands of Turks and Caicos are represented by the letter “G.” The islands’ conservation efforts are concentrated on protecting important regions for biodiversity and addressing persistent environmental problems.

The largest reef in the southern Gulf of Mexico and a UNESCO biosphere reserve, Scorpion Reef National Park, is represented by the letter “O” in the Mexican flag.

The letter “O” features Iceland’s Vatnajokull National Park, which was designated as a national park in 2008 following decades of advocacy. The ecology within and surrounding the biggest glacier in Europe is safeguarded by this UNESCO World Heritage Site.

The letter “G” has the Jau National Park in Brazil on it. It is a UNESCO World Heritage Site and one of the biggest forest reserves in South America.

The Great Green Wall of Nigeria is represented by the letter “L,”  and the Pilbara Islands Nature Reserves of Australia are represented by the letter “E.”

Meanwhile, Earth Day is a worldwide event that promotes protection of the environment every year. April 22 serves as a reminder of the importance of conservation efforts and sustainable practices to guarantee a healthier world and a brighter future.

The occasion inspires people across the world to come together and take action to protect the environment, strengthening our bonds with nature and promoting good change.

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Bigg Boss 14 contestant Rahul Vaidya struggles walking in knee deep water, compares Dubai rains with Mumbai floods

Singer and TV personality Rahul Vaidya was recently stranded in the Dubai rains.

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Rahul Vaidya, who was in Dubai ahead of his show which was scheduled to take place today, left the country due to heavy rains and reached Kolkata. The artist shared on social media his encounters in the UAE city, including challenges like walking through knee-deep water. Rahul provided an update regarding the heavy rainfall in Dubai on his Instagram profile.

The Bigg Boss 14 contestant revealed that he was in Kolkata and prepared to do an evening performance. Recalling the terrifying period he went through, Vaidya said there was a lot of confusion and panic in Dubai. The situation was similar to that when heavy floods hit Mumbai in 2005.

Vaiday also posted seval other images and videos of cars that were underwater and flooded roadways. The Bigg Boss 14 contestant, who shared his ordeal, claimed that even though it had just rained for two hours, the situation was dire.

In one of the video, which went viral he can be seen struggling in walking in knee-deep water. He can be also seen holding his sneakers in one hand and with other hand he was seen managing other things.

This is the result of the two hours of rain that it had, he can be heard saying in the video. Vidya also said he dosen’t believe Dubai is accustomed to a lot of rain. Everything had stopped working, he remarked.

After taking part in the first season of the singing reality show Indian Idol, Rahul Vaidya gained widespread recognition. In addition to Bigg Boss, he took part in Khatron Ke Khiladi 11.

Meanwhile, heavy rains that triggered flooding in the UAE and Bahrain, which left 18 people dead in Oman on Sunday and Monday, have paralyzed the financial hub of the Middle East, Dubai.

A lot of incoming flights were diverted from Dubai’s international airport because of the rain. At 7:26 p.m., the busiest airport in the world for foreign visitors stopped accepting new arrivals; a gradual resumption was announced for more than two hours later.

Images of planes navigating flooded tarmacs are making the rounds on social media.

According to pictures shared on social media, the flagship malls Dubai Mall and Mall of the Emirates both experienced heavy floods, while at least one Dubai Metro station had water up to the ankles.

There were several road collapses, severe flooding in residential areas, and numerous reports of leaks from windows, doors, and roofs.

Due to the unfavourable weather, schools around the United Arab Emirates were forced to close, and as more storms are predicted, the closures are anticipated to last until Wednesday. The government of Dubai allowed its staff to work remotely till this Wednesday.

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Dubai sky turns green during storm in UAE, video goes viral

The UAE witnessed record-breaking rainfall on Tuesday and the National Centre of Meteorology recorded 254 mm of rainfall in less than 24 hrs in the Khatm Al Shakla area in Al Ain.

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1 person was killed in UAE as it witnessed heavy rainfall on Tuesday, stranding commuters, flooding roads, disrupting trains and flights and resulting in water leakage from mall ceilings. The UAE witnessed record-breaking rainfall on Tuesday and the National Centre of Meteorology recorded 254 mm of rainfall in less than 24 hrs in the Khatm Al Shakla area in Al Ain. It is being said that the rainfall was the highest documented since the start of data collection in 1949.

The heavy rainfall in UAE came days after a similar situation in neighbouring Oman, where 13 people were killed in flash floods. Many parts of Oman saw torrential rains, which caused students to be trapped in buses and swept away motorists and trapped people in their homes.

Videos from Dubai circulating on social media showed widespread waterlogging on roads in Abu Dhabi, Dubai and other important cities. This left daily commuters in cars and other vehicles struggling to get back home. Dubai metro station too was seen flooded and closed.

One such video circulating on social media shows the aerial view of the city of Dubai from the top of a building. In the video the stormy winds are seen blowing over the city of Dubai. As the storm intensifies the Dubai sky turns green and ultimately gets covered by heavy rainfall. The video has gone viral on social media with more than 1.1 million views.

Another video showed water leakage from the ceilings of shopping malls, flooding the floors and destroying goods. A video which was shot in the famous Mall of the Emirates, showed pieces of ceiling falling as the rainwater gushed inside. Videos from many outlets of the Deira City Centre mall chain showed escalators being rendered unusable. Majid Al Futtaim, the company which owns the Mall of Emirates, said that the shopping complexes have been kept open and the customers are being sent away from the flooded areas. 

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