English हिन्दी
Connect with us

Latest world news

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

Published

on

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

Latest world news

PoK protest leader seeks India’s help amid Pakistan crackdown, alleges humanitarian crisis

JAAC leader Sardar Aman Khan has appealed to India for humanitarian assistance, alleging shortages of food and medicines amid Pakistan’s crackdown on protesters in Pakistan-occupied Kashmir.

Published

on

The leader of the Joint Awami Action Committee (JAAC), Sardar Aman Khan, has appealed to India for humanitarian assistance amid the ongoing unrest in Pakistan-occupied Kashmir (PoK), claiming that the region is facing severe shortages of essential supplies following a crackdown by Pakistani authorities.

According to Khan, residents are struggling to access food and medicines as security operations against protesters continue. He also urged India to consider opening the Line of Control (LoC) to allow humanitarian assistance and provide civilians with the option of crossing into India if the situation worsens.

JAAC chief calls for humanitarian assistance

Speaking at a public gathering, Khan claimed that an economic blockade imposed after the crackdown had created serious hardships for people in the region.

In a video that has circulated widely on social media, he is heard saying that PoK residents need India’s assistance due to shortages of essential commodities.

He also appealed for the opening of crossing points along the LoC, particularly in the Poonch and Doda sectors, alleging that the ongoing restrictions had further intensified the humanitarian situation.

During the rally at Rawalakot’s Eidgah Ground, Khan asked the crowd whether they should move towards the Line of Control. The gathering repeatedly responded in support of the proposal.

He further warned that if public demands continued to be met with force, people could consider other options.

It is important to note that the authenticity of the viral video, reportedly from Khan’s June 30 rally, has not been independently verified.

Protests continue across PoK

The appeal comes as demonstrations continue across Pakistan-occupied Kashmir, where protests against the Pakistani administration have been ongoing since last month.

During a recent rally at Eidgah Ground, protesters raised slogans including “PoK is not part of Pakistan” and “We want freedom,” indicating that the movement has expanded beyond demands for reforms to include calls for independence from Pakistan’s political control over the region.

Crackdown follows ban on JAAC

The unrest intensified after Pakistani authorities banned the Joint Awami Action Committee on June 5, designating the grassroots organisation as a terrorist group.

According to a recent report by the International Centre for Peace Studies, Pakistan has historically exercised significant political control over Pakistan-occupied Kashmir and Pakistan-occupied Gilgit-Baltistan through mainstream political parties aligned with Islamabad.

The report also noted that the ruling party in Islamabad has consistently won elections in both regions, suggesting a long-standing pattern of political influence.

Meanwhile, several analysts have argued that the ongoing crisis reflects growing dissatisfaction among local residents with the regional administration, which they describe as lacking independent authority. They also contend that the ban on the JAAC and the use of force against protesters are part of broader efforts to suppress the expanding protest movement.

Continue Reading

Latest world news

Death to Trump chants heard during Ayatollah Ali Khamenei’s funeral appearance in Iran

Crowds at a funeral ceremony attended by Iran’s Supreme Leader Ayatollah Ali Khamenei chanted “Death to Trump” as regional tensions remained high following the recent Iran-Israel conflict.

Published

on

donald-trump

Crowds attending a funeral ceremony in Iran raised chants of “Death to Trump” as the country’s Supreme Leader, Ayatollah Ali Khamenei, made a public appearance during the event.

The slogans were heard as thousands gathered to pay tribute to those killed during the recent conflict involving Iran and Israel. The ceremony also marked one of Ayatollah Khamenei’s notable public appearances after the military escalation that had heightened tensions across the region.

Anti-US slogans raised during ceremony

Videos circulating from the funeral ceremony showed mourners chanting “Death to America” and “Death to Trump” while Ayatollah Khamenei attended the event. Such slogans have long been associated with state-backed public gatherings in Iran and were repeated during the ceremony attended by senior Iranian officials and large crowds.

The funeral was held to honour military commanders, nuclear scientists and other individuals who Iran says were killed during the recent conflict. The gathering drew thousands of people to the capital, where processions and official tributes were organised.

Public appearance after recent conflict

Ayatollah Khamenei’s appearance came after weeks of heightened tensions in the Middle East following Israeli strikes on Iranian targets and subsequent military exchanges between the two countries. The conflict also saw the United States carry out strikes on Iranian nuclear facilities, further escalating regional tensions.

The funeral ceremony was among the Supreme Leader’s most significant public appearances since the conflict, with state media extensively covering the event.

Regional tensions remain high

Relations between Iran, Israel and the United States remain strained despite the ceasefire announced following the recent hostilities. Officials from the three countries continue to exchange strong statements over the military operations and the future of Iran’s nuclear programme.

The funeral ceremony reflected the continuing anti-US and anti-Israel sentiment expressed by sections of the Iranian establishment and supporters attending the event.

Continue Reading

India News

USA marks 250 years with Independence Day with nationwide celebrations

Published

on

The United States of America is observing its Independence Day on July 4 with celebrations taking place across the country. Public events, parades, concerts, and fireworks have been organized in several cities as Americans mark the nation holiday.

Large gatherings have been reported in cities including Washington D.C., New York, Boston, and Philadelphia, where thousands of people are participating in officials and community-led celebrations. Public parks, streets, and other venues have been prepared to host visitors throughout the day.

Government officials, including US President Donald Trump, extended Independence Day greetings and participated in events celebrating the occasion. Ceremonies honouring military personnel, experts, and first responders have also been held in different parts of he country.

Authorities have stepped up security arrangements at major event locations to manage large crowds. Additional police forces and emergency response teams have been posted, while officials have advised the public to follow safety instructions during the celebrations.

The holiday has also resulted in increased travel activity, with airports, highways, and railway stations experiencing heavy passenger movement. Hotels, restaurants and tourist attractions are seeing a rise in visitors as many people use the long weekend for travel and family gatherings.

Although weather conditions have disrupted a few outdoor events in some areas, most programme are continuing as scheduled. Fireworks displays are expected to take place in the evening at several locations, including major cities known for their annual Independence Day celebrations.

The nation celebrates Independence Day every July 4. It marks the adoption of the Declaration of Independence in 1776, when 13 American colonies became independent from British rule. It is one of the most important national holidays in the United States and is celebrated with parades, fireworks, official ceremonies, and community events across the country.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com