Skip to main content

Cases "prompting" judges' rebellion: Loya's death, 2G, aadhaar, Chhattisgarh sexual violence, medical college graft

By Our Representative
Even as supporting the four senior-most judges' open defiance of Chief Justice of India (CJI) Dipak Misra, India's well-known legal rights NGO, Campaign for Judicial Accountability and Reforms (CJAR), has pointed towards seven instances of what they call "abuse of power" by the CJI which is "destroying the image of the Supreme Court and subverting the course of justice."
According to CJAR, two of the seven cases relate to writ petitions by CJAR and senior advocate Kamini Jaiswal regarding the need to probe into allegations mentioned in a CBI FIR regarding conspiracy to bribe in order to obtain a favourable judgment in the case of a medical college, pending before the apex court.
According to CJAR, on November 8, 2017, after the CJAR writ petition was numbered and the case was mentioned for urgent listing, Justice J Chelameswar’s bench ordered it to be listed before him on November 10. However, during lunch, CJAR’s counsel was informed that in the light of an order by the Chief Justice this case is assigned to another bench and therefore would be coming up on Friday not before Court 2 but before the other bench.
Justice Dipak Misra
"On November 10, 2017, the matter was heard by a bench headed by Justice Sikri. The same afternoon the matter was suddenly heard by a Constitution bench headed by CJI and junior judges handpicked by him. Then it was referred to a bench headed by Justice RK Agarwal. On December 1, the CJAR writ petition was dismissed by imposing a cost of Rs 25 lakh on the petitioner", says CJAR.
As for Jaiswal's petiton, CJAR says, the bench of Justices Chelameswar and Nazeer passed an order directing that, in view of the importance and sensitivity of the matter, the matter would be listed for November 13, before a bench of the five senior most Supreme Court judges.
"However, when the CJAR matter was heard on the November 10 by the Constitution bench, it rendered void the order passed by Justice Chelameswar, even though the said matter was not before the court. The matter was then listed on December 13 before a bench presided by Justice RK Agarwal, which by judgement dated November 14, 2017, dismissed the writ petition", notes CJAR.
The third case is the writ petition filed the NGO, Common Cause, challenging the appointment of Special Director, CBI. It was mentioned before Justice Chelameswar, who directed it to be listed before a bench consisting of Justices Gogoi and Navin Sinha.
Suneeta Pottam
"Justice Navin Sinha recused himself. The matter was next listed on November 17, 2017 before a bench presided by Justice RK Aggarwal, although on that very day Justice Ranjan Gogoi was sitting not with Justice Navin Sinha but with Justices RF Nariman and Sanjay Kishan Kaul. The matter ought to have been placed before that bench", CJAR believes.
The fourth case is the writ petition by the Centre for PIL, seeking court monitored investigation into the 2G scam. Earlier, the matter was being heard by CJI Khehar. Mentioned before Court 2 and order was passed by Court 2; on the next date, in supplementary list, the matter was deleted from Court 2 and listed before CJI Misra.
"CJI had to recuse since he had dismissed the original petition in Delhi High Court. So matter got shifted to bench of Justices Arun Mishra and L Nageshwar Rao. Justice Rao recused since he had earlier appeared in the matter. Then the matter got listed before a bench of Justice Arun Mishra, of which Justice Rao is not a member", says CJAR.
The fifth case, says CJAR, is the writ petition filed by tribal activist Suneeta Pottam seeking transfer of a case pending before the Chhattisgarh Hifh Court to the Supreme Court, as a similar matter (Nandini Sundar v. State of Chhattisgarh, WPC 250/2007) is pending before the apex court. It related to sexual violence and torture of tribal women in Chhattisgarh by police and administration.
"Both Nandini Sundar matter and Suneeta Pottam were being heard by Justice Lokur who also issued notice in Suneeta Pottam. However, the matter has now been transferred to Chief Justice Dipak Misra’s court", says CJAR.
Late justice Loya
The sixth case is a writ petition filed by Justice KS Puttaswamy (Retd) on aadhaar against the Government of India. On August 11, 2015, a bench comprising of Justices Chelameswar, Bobde and Nagappan directed that the matter be referred to a larger bench. Chief Justice Khehar reconstituted the bench on July 18, 2017 which comprised of himself and Justices Chelameswar, Bobde, Chandrachud and Nazeer, which then referred the question whether privacy is a fundamental right to a larger bench of nine judges.
"The privacy matter was decided on August 24, 2017 and at least one of the judges, Justice Nariman, at the end of his judgment, directed that the matters be sent back for adjudication to the original bench of three judges in light of the judgment. The bench constituted to hear the aadhaar matter now comprises of Chief Justice Misra and Justices Sikri, Khanwilkar, Chandrachud and Bhushan to the exclusion of the other judges who were hearing the matter earlier", CJAR says.
And the last one relates to a case seeking an independent probe into the death of special CBI judge BH Loya, who was hearing the Sohrabuddin Sheikh encounter case. "On January 11, 2018, bench of Chief Justice Mishra and Justices Khanwilkar and Chandrachud heard the petition and ordered that it be listed on January 12, 2018. The matter was heard on January 12, 2018 by a Bench headed by Justices Arun Mishra and M Shantanagoudar", says CJAR.

Comments

Uma Sheth said…
This is an unfortunate scenario and the last thing needed at a time when there are so many unpleasant controversies facing the nation. We can only hope that the judiciary comes out stronger after passing through this test of fire and that the legislature stays out of it completely.

TRENDING

What's behind public sector banks showing huge profits in 2nd quarter of 2022-23?

By Thomas Franco*  The quarter two results of the public sector banks (PSBs) appear to be noteworthy compared to a few years ago. All these banks showed good profits in the financial year 2021-22. Twelve PSBs made a net profit of Rs 25,685 crore in quarter 2 of FY23 and a total of Rs 40,991 crore in the first half of 2023. The combined profit of 12 banks in March 2022 was Rs 66,539 crore which was 110% more than 2021 – Rs. 31,816 crore. The Asset Quality Review of 2015 saw a surge in NPAs of PSBs jumping to Rs 8.96 lakh crore in March 2018 from Rs 2.17 lakh crore in March 2014. This was simply because the norms for NPAs were changed from 180 days to 90 days, and all restructuring of even genuine accounts was done away with. In 2018 NPA of SBI was 5.73% which has come down to 0.8% in Q2 of FY23. The NPA of Canara Bank has come down to 2.19% from 7.48% in Mar 2018. The same trend is seen in all public banks. Now SBI has seen a jump of 74% in its net profit, while Canara Bank’s profit is

Business back to normal? IIM-A survey says, sales expectations have sharply improved

By Our Representative  The Indian Institute of Management’s Business Inflation Expectations Survey (BIES), which polls a panel of business leaders to find out their perception of slack in economy, including their inflation expectations, year-ahead cost expectations and the factors influencing price changes, such as profit and sales levels, etc., has said that the cost perceptions data indicates signs of moderation in price pressures. Carried out for September, the survey says, the cost pressure of the reporting firms has shifted from “very significant increase (over 6%) to moderate increase (3.1% to 6%).” It adds, “The percentage of firms perceiving over 10% cost increase y-o-y has declined. Over 21% of the firms in September 2022 round of the survey perceive that costs have increased very significantly (over 10%) – down from 26% recorded in August 2022.” Claiming to be a unique survey, in that it goes straight to businesses -- the price setters -- rather than to consumers or household

Innovative, Hrishikesh Mukherjee's movies often banked on excessive sentimentalism

By Harsh Thakor*  Late Hrishikesh Mukherjee more popularly known as Hrishi Da, whose birth centenary was celebrated recently, ranks amongst India’s most progressive and innovative film makers, exhibiting mastery in craft of making socially relevant themes. Mukherjee knitted plots together with great visualisation and sensitivity, be it in comedy, pathos, anger or romance, weaving every ingredient in proper proportion.  Melodrama was restrained and scripts dissected with surgical skill. Without over romanticisation, Mukherjee would do complete justice to the role of the character. He did not champion art films, but gave commercial films an artistic touch. Rarely have artists transcended the medium of cinema to project the real essence of their cultural values so or film directors who narrate a simple tale of regular families that have characters of unique shades, characters which are bound to touch human emotions universally. His characters frequently underwent life-changing journeys

GoI's productivity linked incentives to corporates 'without independent analysis'

Counterview Desk  Wondering how prudent is the Government of India's (GoI's) Productivity Linked Incentive (PLI) scheme, EAS Sarma, former secretary, GoI, in a representation to Nirmala Sitharaman, Union finance minister, has said it appears to be nothing more than subsidy to the private sector without any responsibility. Giving a specific example against the backdrop of announcement of 50% subsidy covering the project cost of the Vedanta Group's decision to set up a semiconductor fabrication plant in Gujarat, in collaboration with Foxconn, Sarma says, "The total cost of this project is reported to be Rs 1,54,000 crore. 50% of this works out to Rs 77,000 crore." Stating that this creates the impression that the entire subsidy allocation for the semiconductor manufacturing sector would be appropriated by this company, Sarma says, "The Gujarat government did not lag behind in liberally announcing similar incentives for the Vedanta-Foxconn project. It offered 7

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

There aren't any hard data to prove forced conversion, why move for a Central law?

By Fr Cedric Prakash SJ*  Srinivasan Jain, the popular TV anchor with NDTV, has done a tremendous service to the Constitution of India and, thereby, to the people of India! In a hard-hitting exposé on his weekly segment ‘Truth vs Hype’, released on 19 November, Jain talks about the so-called ‘Forced Conversions’ with incontrovertible facts and the falsehoods and myths that are built around the issue!   A good part of his expose is an interview with Ashwin Kumar Upadhyay, the petitioner in the current case on ‘forced conversions’ in the Supreme Court. Jain directly takes on Upadhyay and the 65-page petition submitted by the latter to the Supreme Court. Jain emphatically states that not a single example cited by Upadhyay in the petition comes under the ambit of ‘forced conversion’.  In fact, Jain proves that one of the examples is completely fake! Upadhyay, however, continues with his rant without being able to authenticate or substantiate or furnish a single bit of evidence to prove his

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam* RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.

Diminishing returns: Hydro projects contribute less than 10% of India's power generation

Counterview Desk  Pointing out that India’s hydro generation remains around 10% for the last six years, the advocacy group South Asia Network on Dams, Rivers and People (SANDRP) has said that power generation from hydropower projects continues to show diminishing returns, as has been the story close to three decades now. Yet, says SANDRP in a note, the Government of India continues to push large hydro by announcing a slew of additional subsidies for hydropower projects, more for political economy reason. In fact, attempts are being made to flog unviable hydropower projects with various kind of manipulations, illegalities and violations, it adds. Text : In last six years, from 2016-17 to 2021-22, India’s large hydropower projects (projects above 25 MW installed capacity) have contributed just around 10% of the total power generation, going as low as 9.68% in 2017-18. In fact, in three of these six years, large hydro contributed less than 10% and recovering only marginally in the rest,

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.