Showing posts with label JUDICIARY. Show all posts
Showing posts with label JUDICIARY. Show all posts

Monday, 7 May 2018

CJI Dipak Misra impeachment: SC bench to hear petition today; top updates

Chief Justice of India Dipak Misra

After two Rajya Sabha members of the Congress party on Monday moved the Supreme Court challenging the rejection of their impeachment notice against Chief Justice of India Dipak Misra, a five-judge Bench comprising Justices A K Sikri, S A Bobde, N V Ramana, Arun Mishra and A K Goel will on Tuesday hear their petition. The MPs have questioned Upper House Chairman and Vice-President of India M Venkaiah Naidu's decision to reject the party's notice for an impeachment motion against the CJI.

The Bar Association of India, a voluntary organisation of lawyers stated that "the notice for the impeachment of Chief Justice of India Dipak Misra was "unwarranted" and an assault on the judiciary".

Senior advocate Kapil Sibal, also one of the signatories of the impeachment notice, mentioned the petition filed by two Members of Parliament -- Partap Singh Bajwa and Amee Yajnik -- for an urgent listing before a Bench headed by Justice J Chelameswar. Sibal said Rajya Sabha chairman M Venkaiah Naidu could not summarily reject the notice bearing signatures of 64 MPs and seven former members who had recently retired, on the ground that there was "no proved misbehaviour".

The SC Bench asked Sibal and advocate Prashant Bhushan to mention the matter before the Chief Justice of India for an urgent listing by citing a constitution Bench judgment on the powers of a "master of roster".

Impeachment notice's rejection raised "serious constitutional issues" and involved interpretation of constitutional provisions, said Sibal.

Thursday, 3 May 2018

Retired judge slams Centre, moves SC for Justice KM Joseph's elevation

supreme court, sc

A retired district Judge from Solapur, Maharashtra, G D Inamdar has filed a PIL in the Supreme Court seeking Uttarakhand Chief Justice K M Joseph's immediate elevation to the apex court.

The PIL filed by the retired district judge has also sought a direction to the Centre to issue warrants of appointment for Justice Joseph with consequential seniority.

He approached the Supreme Court seeking urgent action on the quashing of the "illegal and unconstitutional" move of the Central government by segregating Justice Joseph's name whose name for elevation had been recommended by the apex court collegium.

"The petitioner is aggrieved by the shocking manner in which the Central Government has unilaterally and capriciously segregated and rejected the name of Hon'ble Justice K M Joseph - recommended by the Collegium for appointment as a Judge of this Hon'ble Court, while at the same time accepting the recommendation for elevation of Ms Indu Malhotra, Senior Advocate, as a Judge of this Hon'ble Court," the petition said.

Friday, 5 May 2017

Nirbhaya case convicts to file review as 'SC bowed down to public pressure'

Delhi gang rape

Nirbhaya RAPE case - The Supreme Court has bowed to public pressure in confirming the death sentences awarded to the convicts of December 16, 2012 sensational gangrape and murder case, their counsel said today.

A petition seeking review of the judgement would be filed, as the top court has succumbed to public pressure and the demonstrations which were carried out in protest against the incident, advocate A P Singh, who was the defence counsel for two of the four convicts, said.

Advocate M L Sharma also said a review petition would be filed as he claimed that one of his clients, Mukesh Singh, who will face the gallows, was implicated in the case.

Moments after the judgement was pronounced, Singh, who appeared for convicts Akshay Thakur and Vinay Sharma, said he was waiting for the copy of the judgement and would decide the further course of action after reading the entire judgement but a review petition would surely be filed.

"Terrorists are getting relief from the judiciary. But we have full faith in the Supreme Court. All the four hail from poor background and I hope they will get justice. We will file the review petition after reading the judgement," the counsel said.

Sharma, who also appeared for Mukesh Singh and Pawan Gupta, said without questioning the gruesome incident which claimed the life of the 23-year-old paramedic, it is a case where one of the accused has been implicated in it.
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