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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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S Jaishankar says India is a natural option for Russia amid Europe tensions

External Affairs Minister S Jaishankar said India remained a natural option for Russia as Moscow increasingly turned towards Asia amid strained relations with Europe. He highlighted the continuity of India-Russia ties and their significance for the balance of power in Asia.

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External Affairs Minister S Jaishankar has described India as a natural option for Russia as Moscow increasingly looks towards Asia amid deteriorating relations with Europe. He said India’s longstanding relationship with Russia had remained steady despite significant changes in the international strategic landscape.

Jaishankar made the remarks during a conversation with John Micklethwait, editor-in-chief of the Bloomberg New Economy Forum. He discussed how the Russia-Ukraine war had affected Moscow’s relationship with Europe and contributed to Russia’s growing focus on Asia.

Jaishankar highlights Russia’s shift towards Asia

Jaishankar said Russia’s relationship with Europe had become deeply strained following the Ukraine war. He noted that Russia had historically viewed itself as a European country and placed considerable importance on its relations with Europe and the United States.

However, the conflict had pushed Moscow to look increasingly towards Asia,with much of that shift directed towards China.

The minister said it was in India’s interest, as well as the wider world’s interest, for Russia to maintain multiple relationships in Asia rather than having its options concentrated in one direction.

Against this backdrop, he described India as a natural partner for Russia, pointing to the longstanding nature of the relationship between the two countries.

India-Russia ties remain steady despite global changes

Jaishankar said India and Russia had maintained a consistent relationship over several decades. He emphasised that New Delhi continued to engage with Moscow even as the global order and Russia’s strategic calculations evolved.

According to the minister, India was reassuring Russia that the relationship built over nearly eight decades remained steady despite the changes in Moscow’s relations with Europe and the wider West.

He stressed that India was not passing a value judgment on those changes but was continuing its bilateral engagement with Russia.

Jaishankar said the relationship had benefited both countries and contributed to the balance of power and the broader status quo in Asia. 

Why the relationship matters for Asia

Jaishankar’s remarks highlighted India’s position in Russia’s changing regional outlook. As Moscow increasingly turns towards Asia, India continues to maintain its longstanding ties with Russia while navigating a changing international environment.

The minister’s comments underscored the importance he placed on preserving India-Russia ties and ensuring that Russia maintained multiple relationships in Asia. 

His assessment came against the backdrop of strained Russia-Europe relations following the war in Ukraine, which has reshaped Moscow’s engagement with Western countries and increased its focus on Asian partners.

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Putin praises PM Modi, says he has very good ideas on Ukraine war

Russian President Vladimir Putin has praised Prime Minister Narendra Modi for repeatedly raising the need to end the Ukraine war, describing his ideas for a settlement as “very good”.

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Vladimir Putin

Russian President Vladimir Putin has praised Prime Minister Narendra Modi for his continued efforts to promote an end to the Russia-Ukraine war, saying the Indian leader has “very good ideas” aimed at finding a mutually acceptable solution.

Putin made the remarks while addressing the Valdai Forum of international Russia experts, where he spoke about Modi’s repeated efforts to raise the issue of ending the conflict.

What Putin said about PM Modi

Putin said Modi has continued to raise the question of ending the conflict despite the close and friendly relationship between India and Russia.

According to Putin, the Prime Minister has shown a strong interest in finding a solution and has ideas that could help identify mutually acceptable ways to resolve the conflict.

Putin also described India’s position as neutral while highlighting Modi’s interest in bringing the conflict to an end through peaceful means.

The Russian president expressed gratitude to Modi for his ideas and his desire to see the conflict end as soon as possible.

Modi’s position on the Ukraine war

PM Modi has repeatedly called for dialogue and diplomacy to resolve conflicts, including during his meetings with Putin.

During their September 11 meeting in New Delhi, Modi reiterated that dialogue and diplomacy are the way forward for resolving conflicts.

Modi had also told Putin during their meeting on the sidelines of the Shanghai Cooperation Organisation summit in Bishkek that the situation needed to move from “endless war” towards an end to the war.

India has consistently maintained that conflicts should be addressed through dialogue and peaceful means, with Modi previously describing the present period as not being an era of war.

The Russia-Ukraine conflict began in February 2022 and has continued despite repeated diplomatic efforts to seek a resolution.

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S Jaishankar calls Pakistan a “serial practitioner of terrorism” at UN

S Jaishankar criticised Pakistan at the UN General Assembly, referring to a “serial practitioner of terrorism” and warning against attempts to normalise terrorism.

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S Jayshankar

External Affairs Minister S Jaishankar criticised Pakistan during his address to the 81st session of the United Nations General Assembly in New York, saying that a “serial practitioner of terrorism” had misrepresented facts and that arguments were being made to normalise terrorism. 

Jaishankar’s remarks came a day after Pakistan Prime Minister Shehbaz Sharif addressed the UN General Assembly and spoke about the 2025 military confrontation between India and Pakistan.

Jaishankar’s message to Pakistan

Referring to Pakistan without naming it directly in that remark, Jaishankar said a “serial practitioner of terrorism” had misrepresented facts before the UN General Assembly.

He said arguments were being made to normalise terrorism and claim immunity from its consequences, adding that such an approach would not stand. 

Jaishankar reiterated India’s position that the country would exercise its right to defend itself against terrorism.

He also said that friendship and goodwill could not coexist with terrorism and that understandings based on such circumstances would naturally be called into question. 

“It is for the perpetrator of terrorism to mend its ways,” Jaishankar said.

India stresses zero tolerance on terrorism

Jaishankar described terrorism as a persistent threat to peace and called for governments involved in cross-border terrorism to be held accountable.

He also stressed that there should be no dilution in India’s zero-tolerance approach towards terrorism and particularly called for greater attention to its financial aspects.

His remarks came a day after Pakistan Prime Minister Shehbaz Sharif referred to the 2025 India-Pakistan military confrontation during his UN General Assembly address. 

Jaishankar backs two-state solution for Palestine

During his UN address, Jaishankar also spoke about the situation in West Asia and said India was prepared to contribute to efforts addressing food and energy security amid continuing tensions and violence.

On the Palestine issue, he reiterated India’s longstanding support for a two-state solution.

Jaishankar said India was also contributing humanitarian assistance and relief efforts for the Palestinian people.

He also warned about continuing threats and pressures around the world and stressed the need for greater stability, security and predictability.

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