Indira Jaising Moves SC for ‘Live-Streaming’ of Important Cases
The country’s apex court is in a crisis.
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Following an upheaval in the judiciary after four senior-most judges of the Supreme Court expressed their concerns over allocation of cases by Chief Justice of India Dipak Misra, the country’s apex court resumed business on Monday, 15 January.
- Four senior judges of the Supreme Court held a press conference on Friday, 12 January, urging that the independence of the judiciary be preserved
- The SCBA President met the CJI on Sunday to reach an understanding on the issues raised through the press conference
- The apex court resumed business as usual on Monday, 15 January
Indira Jaising Moves SC for Live Streaming
Senior Advocate Indira Jaising on Thursday, 18 January, moved the apex court demanding live streaming of important court proceedings. According to Live Law, Jaising in her petition told the court that doing so will “negate the chances of any misreporting, errors or second-hand information.”
Form Panel to Assign Cases, Dissenting Judges Tell CJI
The four dissenting judges, who met CJI Misra on Thursday, reportedly suggested that a panel be formed to assign cases in the apex court. According to the Hindustan Times, the judges suggested that a committee be formed by senior judges in order to oversee the assignment sensitive and important cases.
However, it was reported that talks on this issue remained inconclusive as the CJI refused to heed by the suggestion as he felt that the panel would dilute his power as master of the roster.
CJI Meets Four Senior-most Supreme Court Judges
Chief Justice of India Dipak Misra on Thursday held a meeting with four senior-most Supreme Court judges to resolve issues raised by them during a press conference on 12 January.
The meeting between the CJI and four judges – Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph – lasted for around 10-15 minutes before resumption of court proceedings at 10:30 am, court sources said.
They said that no other judge was present at the meeting. On Wednesday, the meeting could not take place as Justice Chelameswar was indisposed.
Justice Chelameswar on Leave
Justice J Chelameswar, one of the four Supreme Court judges who had openly castigated the functioning of the top court headed by Chief Justice of India Dipak Misra, is on leave today as he is unwell, sources said.
It is confirmed that Justice Chelameswar will not hold the court today, said the sources.
Justices Ranjan Gogoi, Madan B Lokur and Kurian Joseph and Justice Chelameswar had met on Tuesday evening at Justice Chelameswar's residence.
Two other judges, Justices U U Lalit and D Y Chandrachud, had also visited the residence of Justice Chelameswar late in the evening, the sources said.
Courtrooms 2,7 and 11 Not Sitting
According to Live Law, courtrooms 2, 7 and 11 have not begun their business for the day yet. Courtroom 2 is Justice Chelameshwar’s. Courtroom 7 is Justices Bobde and Nageshwar Rao, both of whom reportedly visited Justice Chelameshwar over the weekend.
Courtroom 11 is the Justices UU Lalit and AK Goel.
Another Meet Between CJI and 4 Judges Likely Today
A group of Supreme Court judges is mediating a truce between the CJI Dipak Misra and the four dissenting senior judges, a Hindustan Times report has revealed. The four judges and the CJI met on Tuesday before heading to start the business for the day, sources said.
According to the report, the group is headed by the sixth-most senior judge in the apex court- Justice Arjan Singh Sikri, and two toher judges.
A source told the daily that a resolution and some 'administration changes' in the Supreme Court can be expected to placate the four judges.
Another meeting is on the cards between the CJI and the four judges today, HT reported. According to India Today, all judges will possibly meet for liunch today, to discuss the crisis.
Nothing To Be Settled, It's Not a Dispute: Justice Chelameswar
Speaking to BloombergQuint, Justice J Chelameswar, one of the dissenting judges, said that there is “nothing to be settled.”
Role of CJI in Medical Scam Must Be Probed: Prashant Bhushan
Supreme Court Advocate Prashant Bhushan, in a press conference on Tuesday, 16 January, said that he has registered a complaint against CJI Dipak Misra, in connection with the medical college scam.
He demanded that be an investigation to ascertain whether the CJI was involved in the scam be initiated.
Bhushan said the charges against the CJI were “very serious” in nature, and that the collegium of judges must look into it.
Watch the press conference here.
CJI Met the Four Dissenting Judges of SC: Sources
In a bid to resolve their differences, Chief Justice of India Dipak Misra on Tuesday, 16 January, met the four senior-most judges of the Supreme Court who held the unprecedented press conference a few days earlier. According to media reports, another meeting is currently under way.
Apex court sources said the chief justice met the four judges for around 15 minutes before starting the normal work of the day. Some other judges were also present in the meeting, sources said.
After the meeting, the CJI and the four judges went ahead with their listed business.
Read the full report here.
SC Lists Plea Seeking Probe into Judge Loya's Death for Next Week
The Supreme Court today directed the Maharashtra government to give all documents pertaining to the death of Justice BH Loya to petitioners seeking an independent probe into the circumstances of the death of the CBI special judge.
A bench of Justices Arun Mishra and M M Shantanagoudar passed the direction after the Maharashtra government submitted before the court documents, including Loya's postmortem report, in a sealed cover.
The judge was presiding over the Sohrabuddin Sheikh encounter case.
The bench, which was hearing two PILs seeking independent probe into the death of Loya, adjourned the hearing for after a week without specifying any dates.
Read the complete story here.
"No Khap Panchayat Can Summon Adults For Marrying of Their Own Will": SC
Hearing a petition against Kap Panchayats, a three-judge bench, headed by CJI Dipak Misra ruled that no khap panchayat can summon an adult for marrying out of their own will, and decide to punish them. The bench also rapped the Centre for its failure in controlling attacks on love marriages and diktats of khap panchayats.
Observing that it was a 2010 matter, the Court further slammed the Centre for not filing its case-related suggestions yet. According to Times of India, the bench headed by the CJI reprimanded the government, saying:
The court further said that if the government does not take the necessary actions towards banning khap panchayats, then the court will step in.
Crisis in SC Will Be Resolved Soon: Attorney General
Attorney General K K Venugopal on Tuesday said the crisis in the Supreme Court seems to be unresolved and hoped it will be "fully settled" in a couple of days, remarks that come a day after he stated that everything was settled in the higher judiciary.
"Yes, I think it has not been settled. Lets hope things will be fully settled within 2-3 days," Venugopal told PTI.
Asked about reports about the impasse continuing, Venugopal agreed with the view.
On whether he had a meeting or spoke with any of the four judges or the CJI, Venugopal said, "Nothing of that sort has happened".
However, he hoped things will be sorted out in the next couple of days. He said that the crisis would be resolved shortly.
Resolution by End of Week: SCBA President
The Supreme Court Bar Association President Vikas Singh on Tuesday, 16 January, said that the crisis in the apex court is likely to be resolved by the end of the week.
"By the end of this week the crisis is likely to be resolved," he told PTI, when asked about the present situation.
Singh said when he had handed over the resolution of the SCBA to the CJI on Sunday, he had got the impression that the crisis would be resolved.
Singh said the CJI was hopeful that within a week things will return to normalcy.
He also said as of now it appeared that everything is returning to normal.
PIL for Probe in Loya's Death to Be Heard Today
The daily list of business shows that two PILs seeking probe into Loya's death are listed before a bench headed by Justice Arun Mishra today.
Four Dissenting Judges Not on CJI’s New Constitution Bench
Amid a virtual rift between Chief Justice of India Dipak Misra and four senior-most judges over assignment of important cases, the Supreme Court on Monday, 15 January, announced the composition of a five-judge Constitution bench headed by the CJI, which does not include them.
None of the four judges – Justices J Chelameswar, Ranjan Gogoi, MB Lokur and Kurian Joseph – feature in the list of members of the five-judge Constitution bench.
As per the list of business for Tuesday, 16 January, the five-judge bench will hear major cases such as those challenging the constitutional validity of the Aadhaar Act and its 2013 judgement re-criminalising gay sex between consenting adults.
Read the complete story here.
Emotional Moments at CJI Meet With SC Judges
The informal meeting Chief Justice of India Dipak Misra had with the judges of the Supreme Court on Monday morning had some emotional moments.
Justice Arun Mishra is said to have broken down for being "unfairly" targeted by the four judges raising questions about his "competence" and "integrity".
He said that though his name was not mentioned by the four judges, inferences have been drawn from the cases referred to by the four judges including that of late CBI special court judge B.H. Loya.
Read the complete story here.
Judges' Dispute Resolved: Bar Council Chairman
Addressing a press conference, Bar Council Chairman Manan Mishra said that the judges’ dispute had been resolved.
Mishra said that the rift had been resolved after the BCI intervened in the matter. “Our council does not find the need for a probe into this rift,” he said.
He also said that deciding on a code of conduct was beyond the jurisdiction of the BCI.
Sena Trains Guns on Centre, Lauds Judges for Speaking Out
In a shrill attack on the Centre over four senior Supreme Court judges raised the issue of "selective" case allocation, the Shiv Sena said on Monday that those who vouch for democracy are in reality weakening it.
Those who alleged that former Prime Minister Indira Gandhi used to intervene in judicial matters are now in power, the Sena said, adding that her rule seems more humane and democratic as opposed to the current government.
It said the country was "suffocated" and breathed easily with the judges speaking out.
The Sena said it was a courageous step taken by the four judges "for strengthening of democracy."
"Is it about CJI Dipak Misra coming under pressure and keeping these four neutral judges aside from certain hearings?" the NDA ally sought to know.
Rift Being Resolved: Attorney General
According to reports, the Attorney General has assured that the rift was being resolved peacefully. Speaking to NDTV, the attorney general said that an ‘informal meeting’ was held in the morning to discuss the crisis.
News18 reported that the judges had met over tea, and had resolved to end the rift amicably, indicating that a resolution could be expected by the end of day.
Advocate RP Luthra Seeks Action Against Dissenting Judges
Supreme Court lawyer RP Luthra mentioned before CJI Misra that action be taken against the four dissenting judges. Luthra reportedy said that Misra was "empowered to take action against anti-national forces for trying to destroy the institution," reported LiveLaw.
The CJI reportedly heard Luthra's petition, but maintained silence on the subject.
Luthra has filed a petition on the MoP judges appointment case, which was incidentally mentioned by the four judges in their letter.
Supreme Court Benches Commence Business
The Supreme Court benches resume business 10 minutes later than usual, reports LiveLaw. The benches generally commence work at 10.30 am.
The four apex court judges, who held a press conference over assignment of cases, attend court and resume work. The four judges -- Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph -- have taken up their respective business on the first working day of the top court after the January 12 press conference.
In the presser, these judges had flagged some problems, including the assigning of cases in the apex court, and said there were certain issues afflicting the country's highest court.
On Sunday, Chief Justice of India Dipak Misra had met a seven-member delegation of the Bar Council of India and Supreme Court Bar Association President Vikas Singh and had assured them that the crisis would be sorted out soon and congeniality would prevail.
BCI and CJI Engage in 50-Minute-Long Meeting
A seven-member delegation of Bar Council of India (BCI) met at the residence of CJI Dipak Misra to discuss the crisis in the judiciary on Sunday evening.
In a meeting that lasted 50 minutes, Supreme Court Bar Association President Vikas Singh met CJI Dipak Misra and handed over the SCBA resolution.
The panel told PTI that they met the CJI in a congenial atmosphere and he said everything would be sorted out soon.
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