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

'Flawed' argument: Gandhi had minimal role, naval mutinies alone led to Independence

Counterview Desk Reacting to a Counterview  story , "Rewiring history? Bose, not Gandhi, was real Father of Nation: British PM Attlee 'cited'" (January 26, 2016), an avid reader has forwarded  reaction  in the form of a  link , which carries the article "Did Atlee say Gandhi had minimal role in Independence? #FactCheck", published in the site satyagrahis.in. The satyagraha.in article seeks to debunk the view, reported in the Counterview story, taken by retired army officer GD Bakshi in his book, “Bose: An Indian Samurai”, which claims that Gandhiji had a minimal role to play in India's freedom struggle, and that it was Netaji who played the crucial role. We reproduce the satyagraha.in article here. Text: Nowadays it is said by many MK Gandhi critics that Clement Atlee made a statement in which he said Gandhi has ‘minimal’ role in India's independence and gave credit to naval mutinies and with this statement, they concluded the whole freedom struggle.

BSF should take full responsibility for death of 4 kids in West Bengal: Rights defender

By Kirity Roy*  One is deeply disturbed and appalled by the callous trench-digging by BSF in Chetnagachh village under Daspara Gram Panchayat, Chopra, North Dinajpur District, West Bengal that has claimed the lives of four children. Along the entire stretch of Indo-Bangladesh border of West Bengal instead of guarding the actual border delineated by the international border pillars, BSF builds fences and digs trenches well inside the Indian territory, passing through villages and encroaching on private lands, often without due clearance or consent. 

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Don't agree on domestic subsidies, ensure food security at WTO meet: Farmer leaders

Counterview Desk  The Indian Coordination Committee of Farmers Movements (ICCFM), a top network of farmers’ organizations in India, in a letter to Piyush Goyal, Minister of Commerce and Industry, has asked him to “safeguard food security and sovereignty, even as ensuring peasants' rights" at the 13th Ministerial Conference of the World Trade Organization (WTO MC 13), to take place from 26 to 29 February 2024 in Abu Dhabi.

Students, lawyers, professors detained in Delhi for demonstrating in support of farmers

By Our Representative  About 25 protestors, belonging to the civil rights network, Campaign Against State Repression (CASR), a coalition of over 40 organisations, were detained at Jantar Mantar for holding a demonstration in support of the farmers' stir on Friday. Those detained included students, lawyers and professors, including Prof Nandita Narain and Prof N Sachin. 

Social justice day amidst 'official neglect' of salt pan workers in Little Rann of Kutch

By Prerana Pamkar*  In India’s struggle for Independence, the Salt Satyagraha stands as a landmark movement and a powerful symbol of nonviolent resistance. Led by Mahatma Gandhi, countless determined citizens walked from Sabarmati Ashram to Dandi in Gujarat. However, the Gujarat which witnessed the power of the common Indian during the freedom struggle is now in the throes of another significant movement: this time it is seeking to free salt pan workers from untenable working conditions in the Little Rann of Kutch (LRK).

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".

Interpreting UAPA bail provisions: Is Supreme Court setting the clock back?

By Kavita Srivastava*, Dr V Suresh** The Supreme Court in its ruling on 7th February, 2024 in   `Gurvinder Singh v State of Punjab’ held that its own well-developed jurisprudence that "Bail is the rule and jail the exception" will not apply to those charged under the UAPA.

Jallianwala massacre: Why Indian govt hasn't ever officially sought apology from UK

By Manjari Chatterjee Miller*  The king of the Netherlands, Willem-Alexander, apologized in July 2023 for his ancestors’ role in the colonial slave trade. He is not alone in expressing remorse for past wrongs. In 2021, France returned 26 works of art seized by French colonial soldiers in Africa – the largest restitution France has ever made to a former colony. In the same year, Germany officially apologized for its 1904-08 genocide of the Herero and Nama people of Namibia and agreed to fund reconstruction and development projects in Namibia. .

Will Budget 2024 help empower city govts, make them India's growth engines?

By Soumyadip Chattopadhyay, Arjun Kumar* Cities in India are envisioned as engines of growth. Any meaningful long-term vision for India would be incomplete without planning for the cities and quite rightly, urbanization is considered as one of the country’s top developmental challenges. Realization of full potential of cities depends crucially on their ability to provide ‘enabling’ environment especially in terms of sustained provision of a wide range of urban infrastructure and services.