Tag: CJI

Act against trolls targeting CJI Chandrachud, demands Maha Congress

[ad_1]
Mumbai: The Congress’ Maharashtra unit on Friday demanded that the government should take action against the “army of trolls” who have targeted Chief Justice of India D.Y. Chandrachud.
State Congress President Nana Patole said that there is no limit to the appetite of the “power-hungry” Bharatiya Janata Party and to what lengths they went from Maharashtra to Gujarat to Guwahati — and how the former Governor misused his position — to overthrow the Maha Vikas Aghadi government last year.
“Everyone knows who has set up the army of trolls… Based on certain observations of the CJI during the Supreme Court hearing pertaining to the Maharashtra power struggle, some people are apprehending that the decision could go against them. So they have started trolling even the CJI,” Patole said sharply.
He said that the Congress MPs have also approached the President seeking action in the matter of trolling of the CJI for the questions he and other judges asked or their observations during the hearings.
“This is a serious issue… The Congress MP have urged the President to take cognizance as nobody has faith in the BJP government at the Centre,” said Patole.
He said there are all kinds of rumours, wild speculation, restlessness, and anxiety indicating that the state government may collapse anytime.
“We have full faith in the judiciary and await the apex court’s verdict,” Patole said.

Subscribe us on
[ad_2]
#Act #trolls #targeting #CJI #Chandrachud #demands #Maha #Congress
( With inputs from www.siasat.com )

March 17, 2023
DMRCL dispute: Delhi HC appoints former CJI Ramana as sole arbitrator

[ad_1]
New Delhi: The Delhi High Court has appointed former Chief Justice of India, N.V. Ramana as the sole arbitrator to settle a dispute between Arvind Techno Globe and the Delhi Metro Rail Corporation Ltd (DMRCL).
A bench of Justice Chandra Dhari Singh’s ruling came in response to concerns raised by petitioner Arvind Techno Globe over the independence of the candidates named by the DMRCL to serve as arbitrators.
“Justice N.V. Ramana, former Chief Justice of India is appointed as a sole arbitrator to adjudicate the disputes between the parties which have arisen under the Contract Agreement dated July 22, 2013,” the order stated.
Justice Singh further stated that the Delhi International Arbitration Centre (DIAC) (Administrative Cost and Arbitrators Fees) Regulations, 2018, must be followed for paying the arbitrator’s fees.
He ordered the parties be present before the arbitrator within 10 days.
The payment that DMRCL owes to Arvind Techno Globe for work completed under their 2013 contract gave rise to a disputes between the parties.
The petitioner claims that the project it was given by the DMRCL was finished in 2018, following a 27-month delay that it blamed on the DMRCL’s conduct.
Following the completion of the work, the petitioner made multiple claims totaling Rs 20,64,14,428. Nonetheless, it is claimed that DMRCL has refuted this assertion.

The parties initially sought to resolve their disputes through conciliation, but when that process did not end in a fair amount of time, they moved on to arbitration.
In addition, the petitioner claimed that the DMRCL had declined to appoint an independent arbitral tribunal. Because of this, the petitioner brought a claim under Section 11 (appointment of arbitrators) of the Arbitration and Conciliation Act, 1996, before the High Court.
The petitioner informed the court that the DMRCL has proposed five names in defiance of the ruling rendered by the Supreme Court in the case of Voestalpine Schienen GmbH vs. Delhi Metro Rail Corporation Ltd.
The DMRCL recommended the names of individuals who either came from the Indian Railway Service of Engineers (IRSE) or the National High-Speed Rail Corporation Ltd (NHSRCL).
None of these candidates, according to the DMRCL, which is a joint venture between the Delhi and the Central governments, were connected to the DMRCL.
The seventh schedule to the Arbitration Act, which deals with the disqualification of people from being appointed as arbitrators due to probable bias, is therefore not applicable to these people, according to it.
After noting that there was no disagreement as to whether the issue was of an arbitral nature, the court eventually opted to refer the matter to a single arbitrator it selected.
“As agreed on behalf of the parties, this Court finds it appropriate to refer the disagreements arising between the parties with respect to the Contract Agreement dated July 22, 2013 to an independent sole arbitrator for its redressal,” the judge said and disposed of the plea.
[ad_2]
#DMRCL #dispute #Delhi #appoints #CJI #Ramana #sole #arbitrator
( With inputs from www.siasat.com )

March 9, 2023
Judiciary dealt with interference appropriately to ensure its independence: Fmr CJI Lalit

[ad_1]
Kolkata: Former chief justice of India U U Lalit said the judiciary has faced instances of challenge and attempts at interference but dealt with these appropriately to ensure its independence.
He said in order to have a thriving democracy, one must have an independent judiciary because it is through dispute resolution that society is assured of governance by the rule of law.
“There are various challenges that the judiciary has to face today,” he said, asserting, “therefore, we have to be strong as a judicial fraternity We must bear every kind of pressure, onslaught or any kind of interference.”
Speaking at a symposium on ‘Independent judiciary: Critical for a vibrant democracy’ held by the Bharat Chamber of Commerce here on Saturday evening, he said there have been instances of court decisions subjected to executive interference, but these have been appropriately dealt with ensuring the independence of the judiciary.
The former CJI said attributes of independence of the judiciary are impartiality, fairness in action, reasonableness and complete integrity for the purpose of dispute resolution.
Noting that the “citadel never falls except from within”, the former CJI said this is the expression with which the district judiciary is to be protected.
Lalit said the district judiciary is not under the control of anybody except the high court in the state.
“All their postings, promotions, appointments and even transfers are supposed to be only at the recommendation of the high courts,” he said.

Holding there should be no outside interference with the functioning of the judiciary, he said a number of articles in the Constitution ensure there is no interference in the functioning of every individual judge or the judiciary in general.
“One way to ensure the independence of the judiciary is to have an atmosphere where the people responsible for discharging judicial functions must have a sense of complete freedom and lack of interference from any agency,” he said.
The ex-CJI said the shoulders of the judiciary are quite strong to deal with any kind of external onslaught from any force.
Supreme Court judge Justice Hima Kohli said the independence of the judiciary is not just a principle but a moral imperative.
“The relevance of an independent judiciary cannot be overstated, especially in a country like ours which is not just a democratic republic; it has been described in the Constitution as a sovereign, socialist, secular and democratic republic,” she said.
Justice Kohli said to discharge constitutional duties, the judiciary must be independent and impartial.
“It must be free from any external and internal influence,” she said, maintaining that judicial independence is not just a facet of the fundamental rights of citizens but also an essential condition for maintaining a vibrant and democratic social order.
She said the independence of the judiciary has been upheld by the Supreme Court in a host of landmark cases.
[ad_2]
#Judiciary #dealt #interference #appropriately #ensure #independence #Fmr #CJI #Lalit
( With inputs from www.siasat.com )

March 5, 2023
CJI skips SCBA’s Holi event after spat with Bar body chief

[ad_1]
New Delhi: Chief Justice of India D Y Chandrachud on Friday skipped the ‘Holi Milan’ event organised by the Supreme Court Bar Association (SCBA) where he was to be present the chief guest.
On Thursday, a heated exchange of words was witnessed between the CJI and SCBA president Vikas Singh during the hearing of a matter related to allotment of land at Appu Ghar’ for lawyers’ chambers. The CJI had to direct the senior lawyer not to raise his voice and leave the court.
The SCBA had organised a poetry recital on Friday where the CJI was invited as the chief guest. Eminent poets like Ashok Chakradhar and Shambhu Shikhar recited their poems at the event.
During the mentioning of cases, the SCBA president told a bench of the CJI and justices PS Narasimha and JB Pardiwala that he was struggling to get the matter listed for the last six months.
“The Appu Ghar land came to the Supreme Court on a petition by the SCBA and the Bar was given only one block with reluctance. The construction on the land was to begin during ex-CJI N V Ramana’s tenure. For the last six months, we are struggling to get the matter listed. Treat me like an ordinary litigant,” Singh said.
“You can’t demand land like this. You tell us the day we are sitting idle for the whole day,” Justice Chandrachud responded sharply.
To this, Singh replied, “I am not saying that you are sitting idle for the whole day. I am only trying to get the matter listed. If it is not done, I will have to escalate and take it to your lordships’ residence. I don’t want the Bar to be taken like this.”
Singh’s remarks got Chandrachud’s goat.

“Don’t threaten the chief justice. Is this a way to behave? Please sit down. It will not be listed like this. Please leave my court. I will not list like this. I will not be cowered down by you.
“Mr Vikas Singh, please don’t raise your voice. As a president, you should be mentor and leader to the Bar. I am sorry, you are reducing the level of dialogue. You have filed an Article 32 petition, claiming that the land allotted to the Supreme Court should be handed over to the Bar for construction of chambers. We will deal with the matter when it comes. Please don’t try and twist our arm to give you the relief you want,” the CJI said.
The CJI said he had already announced his decision and the matter will be taken up on March 17th. It will, however, not be the first on board, he added.
The SCBA president said, “If my lords want to dismiss it, please do it. But don’t do that it is not listed.”
The CJI replied, “I have announced my verdict. It’s on March 17 and it will not be listed at serial number 1, Mr Singh.”
The senior lawyer refused to relent and said the Bar has always supported the court.
“I never want to be unreasonable but I am forced to do so in this case,” he said.
Chandrachud then told Singh, “I am the chief justice. I have been here since March 29, 2000. I have been in this profession for 22 years. I have never allowed myself to be browbeaten by a member of the Bar, litigant or anyone else. I will not do that in the final two years of my career.”
Refusing to keep quiet, Singh said, “This is not the attitude. If the Bar is cooperating with the court, it doesn’t mean it should be taken for a ride. That is something which I feel very strongly. I want to make this very clear.”
“Please sort your agenda outside the courtroom,” Chandrachud said curtly and called the next matter.
[ad_2]
#CJI #skips #SCBAs #Holi #event #spat #Bar #body #chief
( With inputs from www.siasat.com )

March 3, 2023
PM Modi condoles death of former CJI Ahmadi

[ad_1]
New Delhi: Prime Minister Narendra Modi on Friday condoled the passing away of former Chief Justice of India A.M. Ahmadi.
In a tweet, Modi said: “Pained by the passing away of former Chief Justice of India, Shri AM Ahmadi Ji. He had a distinguished career as a lawyer and a Judge. He made a noteworthy contribution towards making our judiciary more effective. Condolences to his family. May his soul rest in peace.”
Ahmadi had passed away late on Thursday at his home, at the age of 90 years. He was the Chief Justice of India from 1994 to 1997.
Having begun his judicial career as a Civil and Session Court judge in Ahmedabad, he was the only Chief Justice of India who started at the very lowest rank to rise to the highest position of the Indian judiciary.
Chief Justice Ahmadi was a felicitated jurist not only in India but across the world. He was invited by various international organisations, including UNO and World Bank to lead special projects. He was the recipient of honors from highly reputable legal institutions such as American Inn of Laws and Middle Temple Inn of Honorable Society of Middle Temple, London.
Subscribe us on
[ad_2]
#Modi #condoles #death #CJI #Ahmadi

( With inputs from www.siasat.com )

March 3, 2023
‘Can’t be a pliable EC’: SC rules panel of PM, LoP, CJI for appointment of CEC, ECs

[ad_1]
New Delhi: The Supreme Court on Thursday ordered that appointment to the posts of Chief Election Commissioner (CEC) and the Election Commissioners (EC) should be done by the President on the advice of a committee consisting of the Prime Minister, the Leader of Opposition, and the Chief Justice of India.
The top court noted that a pliable Election Commission, an unfair and biased overseer of the foundational exercise of adult franchise, which lies at the heart of democracy, who obliges the powers that be, perhaps offers the surest gateway to acquisition and retention of power.
A five-judge constitution bench, headed by Justice K.M. Joseph and comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and C. T. Ravikumar, said: “We are concerned with and the devastating effect of continuing to leave appointments in sole hands of the executive on fundamental values, as also the fundamental rights, we are of the considered view that the time is ripe for the court to lay down norms.”
“We declare that as far as appointment to the posts of Chief Election Commissioner and the Election Commissioners are concerned, the same shall be done by the President of India on the basis of the advice tendered by a Committee consisting of the Prime Minister of India, the Leader of the Opposition in the Lok Sabha and, in case, there is no such leader, the leader of the largest party in the opposition in the Lok Sabha having the largest numerical strength, and the Chief Justice of India. This norm will continue to hold good till a law is made by the Parliament.”
The bench, in its 378-page judgment, said there cannot be any doubt that the Election Commission is to perform the arduous and unenviable task of remaining aloof from all forms of subjugation by and interference from the executive. “One of the ways, in which, the executive can bring an otherwise independent body to its knees, is by starving it off or cutting off the requisite financial wherewithal and resources required for its efficient and independent functioning,” it noted.
Making an appeal for a permanent secretariat for the EC, the bench said that a vulnerable commission may cave in to the pressure from the executive and, thus, it would result in an insidious but veritable conquest of an otherwise defiant and independent commission.
Emphasising on Parliament making a law, the bench said the vacuum exists on the basis that unlike other appointments, it was intended all throughout that appointment exclusively by the executive was to be a mere transient or stop gap arrangement and it was to be replaced by a law made by the Parliament taking away the exclusive power of the executive. “This conclusion is clear and inevitable and the absence of law even after seven decades points to the vacuum,” it added.
Justice Joseph, who authored the judgment on behalf of the bench, said: “Criminalisation of politics, with all its attendant evils, has become a nightmarish reality. The faith of the electorate in the very process, which underlies democracy itself, stands shaken. The impact of ‘big money’ and its power to influence elections, the influence of certain sections of media, makes it also absolutely imperative that the appointment of the Election Commission, which has been declared by this court to be the guardian of the citizenry and its fundamental rights, becomes a matter, which cannot be postponed further.”

The bench added that criminalisation of politics, a huge surge in the influence of money power, the role of certain sections of the media where they appear to have forgotten their invaluable role and have turned unashamedly partisan, call for the unavoidable and unpostponable filling up of the vacuum.
“Even as it is said that justice must not only be done but seen to be done, the outpouring of demands for an impartial mode of appointment of the members require, at the least, the banishing of the impression, that the Election Commission is appointed by less than fair means,” noted the bench.
It added that political parties undoubtedly would appear to betray a special interest in not being forthcoming with the law and there is a crucially vital link between the independence of the Election Commission and the pursuit of power, its consolidation and perpetuation.
“As long as the party that is voted into power is concerned, there is, not unnaturally, a near insatiable quest to continue in the saddle. A pliable Election Commission, an unfair and biased overseer of the foundational exercise of adult franchise, which lies at the heart of democracy, who obliges the powers that be, perhaps offers the surest gateway to acquisition and retention of power,” said the bench.
The bench noted that the demand for putting in place safeguards to end the pernicious effects of the exclusive power being vested with the executive to make appointment to the Election Commission, has been the demand of political parties across the board.
“Successive governments have, irrespective of their colour, shied away from undertaking, what again we find was considered would be done by Parliament, by the founding fathers,” it added.
The top court’s judgment came on a batch of petitions filed by Anoop Baranwal, Ashwini Kumar Upadhyay, NGO Association for Democratic Reforms and Jaya Thakur seeking an independent mechanism for appointment of CEC and ECs.
[ad_2]
#pliable #rules #panel #LoP #CJI #appointment #CEC #ECs
( With inputs from www.siasat.com )

March 2, 2023
Former CJI AM Ahmadi passes away at 91

[ad_1]
Hyderabad: Justice AM Ahmadi, the former Chief Justice of India, died on Thursday morning at about 5 a.m. Judge Ahmadi was born in Surat in 1932.
In 1964, he was assigned to the City Civil & Sessions Court in Ahmedabad, and in 1976, he was elevated to the Gujarat High Court.
He was appointed to the Supreme Court in December 1988 and became the country’s Chief Justice in 1994.
Justice Ahmadi was the son of a subordinate civil judge and spent most of his childhood in numerous districts and talukas. Indra Sawhney v. Union of India and Ismail Faruqui v. Union of India are two noteworthy judgements in which he participated.
Subscribe us on
[ad_2]
#CJI #Ahmadi #passes
( With inputs from www.siasat.com )

March 2, 2023
SC orders panel comprising PM, LoP, CJI for selection of election commissioners

[ad_1]
New Delhi: The Supreme Court on Thursday ordered a panel comprising the prime minister, leader of opposition (LoP), Chief Justice of India (CJI) for selecting election commissioners.
A five-judge constitution bench headed by Justice K.M. Joseph said this panel will be enforced until a law in this regard is made by Parliament.
The top court emphasized that the Election Commission has to remain “aloof” from all forms of subjugation by the executive and added that a vulnerable Election Commission would result in an insidious situation and detract from its efficient functioning.
The top court’s judgment came on a batch of petitions recommending reform in the process of appointment of members of the Election Commission of India.
The top court emphasised that the Election Commission is duty bound to act in a fair and legal manner and to abide by the provisions of the Constitution.
The bench noted that democracy is inexplicably intertwined with power to the people and democracy facilitates the peaceful revolution in the hands of a common man if held in a free and fair manner.
The detailed judgment in the matter will be uploaded later in the day.

Subscribe us on
[ad_2]
#orders #panel #comprising #LoP #CJI #selection #election #commissioners
( With inputs from www.siasat.com )

March 2, 2023
Hyderabad: CJI Chandrachud to attend NALSAR’s convocation on Feb 25

[ad_1]
Hyderabad: Chief Justice of India D Y Chandrachud will attend the 19th annual convocation of NALSAR University of Law in Hyderabad on February 25.
CJI Chandrachud will preside as the chief guest at the event and will be delivering the inaugural silver jubilee lecture cum convocation address.
Telangana High Court chief justice Ujjal Bhuyan and chancellor of NALSAR will preside over the convocation, while minister for law and justice, forests, environment, science and technology and endowments Indrakaran Reddy will be the guest of honour, said a press release.
Subscribe us on
[ad_2]
#Hyderabad #CJI #Chandrachud #attend #NALSARs #convocation #Feb
( With inputs from www.siasat.com )

February 24, 2023
SC takes giant leap towards reforms during first 100 days of CJI Chandrachud’s term

[ad_1]
New Delhi: Chief Justice of India (CJI) D Y Chandrachud’s first 100 days in office saw the Supreme Court take a giant leap towards reforms, especially making courts more technology-friendly, and ensuring relatively fast judicial appointments including those of eight judges to the apex court.
During the tenure of Justice Chandrachud, the 50th head of the judiciary, the top court witnessed a sharp rise in disposal of cases with the number of cases getting disposed exceeding those filed.
Justice Chandrachud, son of former CJI Y V Chandrachud, was sworn in as the CJI on November 9 last year and is due to retire on November 10, 2024.
As per information shared by an apex court source, during the first 100 days of Justice Chandrachud’s stint as the CJI, several steps have been taken including those for digitization of records, online appearance slips for lawyers, RTI online portal and launch of digital courts desktop application.
“During the period ranging from November 9, 2022 to February 15, 2023, total number of cases filed are 13,764 and total number of cases disposed of are 14,209,” the source said.
On the issue of judicial appointments, eight judges have been appointed in the apex court during Justice Chandrachud’s tenure while 12 names have been recommended by the apex court Collegium for appointment of high court chief justices.
“Against these recommendations, four chief justices (including one woman and one belonging to OBC) have been appointed. In an unprecedented manner, recommendations have been made against anticipated vacancies of chief justices of two high courts,” the source said.
“Thirtyfive names (including seven names of women candidates) have been recommended by the SC Collegium for appointment of high court judges. 30 judges (including seven women judges, eight belonging to OBC, two SC, one ST, one Christian and one Muslim) in high courts have since been appointed,” he said.

He said while recommending the names for judicial appointments, the aspects of inclusion of gender diversity and the need to give due representation to marginalsed and backward sections of the society and minorities are being duly taken into consideration by the Collegium.
For the first time, CJI Chandrachud-led Collegium started the practice of providing details of deliberations in recommending the names to the Centre for judgeship.
The source said, in a conference held on the occasion of the Constitution Day in November last year, Justice Chandrachud had urged the chief justices of the high courts to accord priority to filling up vacant posts at all levels by making merit-based recommendations of suitable persons with impeccable integrity and personal and professional conduct.
He said on January 2 this year, the CJI had launched the e-SCR (Supreme Court Reports) with more than 34,000 judgments available online.
“With an aim to provide access to the judgments in scheduled languages, the new feature provides translated versions of Supreme Court judgments in Indian languages,” he said, adding so far 3,132 judgments translated in Indian languages are available.
The source said since the launch of advocate appearance slip portal, 1,42,818 online appearance slips have been submitted and equal number of paper sheets, if not more, have been saved.
“The process of scanning and providing soft paper books for paperless court functioning are inspired by the visionary outlook of the Chief Justice of India to ensure that judiciary uses technology to its optimum level. The PIL section has also started extensive use of technology and is working towards electronic processing of petitions,” he said.
He said with the decision of the competent authority to continue hearing in physical-hybrid mode, the computer cell has played a key role to ensure that video conference infrastructure and services are up and running 24×7.
“Since November 9, 2022 until February 15, 2023, the Supreme Court of India has witnessed 2,53,919 attendees for VC hearings. Further, during the same period, 43 hearings of constitution bench cases through YouTube and NIC webcast services have been live-streamed,” the source said.
The information shared by the source said the ‘Supreme Court Committee on Accessibility’ has been constituted with a broad aim to conduct an accessibility audit of the top court premises and its functioning.
It said training sessions in stress management, communication and presentation skills, organisational behaviour and ethics and value in public governance, critical thinking, problem solving and decision making for the officers and staff members of the registry are underway.
It said the ‘AI assisted Legal Translation Advisory Committee’ has been constituted to assess and monitor the progress of and to suggest measures to further enhance usage of Artificial Intelligence tools for translating judicial records in various vernacular languages in the top court.
“The RTI online portal launched on November 24, 2022 has been a giant leap towards transparency, paperless filing of applications, appeals and payment of fees through online mode such as net banking, card payments, UPI, etc. Around 450 online RTI applications have been received till date,” the source said.
He said PIL-English branch has started online processing of all petitions received electronically by e-mail and through this initiative, the SC Registry will be saving enormously in terms of papers and manpower.
“Based on the statistics of last year, 83,000 letter petitions were received electronically, and presuming that on an average each petition consists of at least two pages, the Registry will be saving 1,66,000 pages equivalent to 332 reams of A-4 size paper,” the data said.
It said on the judicial side, several initiatives have been taken and fresh and after notice matters are being listed on Monday, Tuesday and Friday and only regular matters are listed on Wednesday and Thursday.
The source also shared details about initiatives of e-committee, which includes “sensitization module for the judiciary on LGBTIQA+ community”.
He said based on a proposal of the e-Committee, the Finance Minister has announced Rs 7,000 crore budget outlay for phase 3 of the e-Courts project.
[ad_2]
#takes #giant #leap #reforms #days #CJI #Chandrachuds #term
( With inputs from www.siasat.com )

February 16, 2023