Connect with us

India

Only CJI is ‘Master of Rolls’, says SC bench, annuls order by Justice Chelameswar bench

Published

on

New Delhi, Nov 10 : In an unusual order, Chief Justice of India Dipak Misra on Friday annulled an order by the Justice J. Chelameswar-led bench for the setting up of a five-judge constitution bench to hear an alleged bribery case involving a retired Orissa High Court judge, saying the CJI is the “Master of Rolls” who can assign cases and direct composition of benches.

Issuing the order, a five-judge bench headed by Chief Justice Dipak Misra cited a 1998 order of the apex court that held that the Chief Justice of a High Court will be the Master of Rolls and assign cases to different benches.

The Justice Misra-headed bench said any order contrary to the 1998 judgement would be inactive in law and shall not be binding.

Extending the same principle, the bench said Chief Justice of India is the “Master of Rolls” in the top court and any order passed by any bench assigning any matter to itself or directing the composition of benches won’t be binding.

The order came a day after the two-judge bench led by Justice Chelameswar, the senior-most judge after the Chief Justice of India, ordered the setting up of a five-judge bench to hear on Monday a corruption case involving former Orissa High Court judge, I.M. Quddusi.

Quddusi, an Orissa High Court judge between 2004 and 2010, is alleged to have helped a private medical college to admit students to MBBS courses despite the Supreme Court barring the institutes from doing so.

The judge was arrested in September and is lodged in Tihar Jail here after CBI accused him of guiding the private medical college and assuring its management of favourable settlement of their cases in the Supreme Court.

A petition filed by Supreme Court advocate Kamini Jaiswal on Thursday sought an investigation into the case by a court-monitored Special Investigation Team. The petition was taken up for hearing by the bench headed by Justice Chelameswar.

Jaiswal’s petition was filed even as a plea by the NGO Campaign for Judicial Accountability and Reforms seeking a similar probe in the case was already listed before the bench headed by Justice A.K. Sikri.

The court said the two petitions will be heard by an appropriate bench after two weeks and there will be no more hearing in the case till then.

Earlier, the Court took exception to the manner in which a second petition was filed, and was heard by another bench.

Taking exception to the manner the second petition was filed and entertained by the bench headed by Justice J. Chelameswar, the bench of Justice Sikri and Justice Ashok Bhushan asked advocate Prashant Bhushan as to what was the urgency.

Making it clear that they were not underestimating the seriousness of the matter, the court in its order said that let the appropriate order be passed to tag the petition by the NGO Campaign for Judicial Accountability and Reforms with the one by advocate Kamini Jaiswal, which was referred to a five-judges constitution bench on Thursday by the bench of Justice Chelameswar and Justice S. Abdul Nazeer.

Pleading ignorance about the second petition that was filed by Kamini Jaiswal, Bhushan said that since the allegations were in respect of the matter heard by the bench headed by Chief Justice Dipak Misra, he should not have exercised his administrative and judicial authority.

Referring to the FIR filed by the CBI in the matter, Bhushan said, “Whole conspiracy was to bribe the bench hearing the (medical college) matter”. At this, Justice Sikri said that whether the Chief Justice should have dealt with the matter or stayed away should have been left to him.

“The request that the Chief Justice should not deal with the matter should have been made to him. He should have decided,” said Justice Sikri.

Expressing its displeasure, the court on Friday allowed the Supreme Court Bar Association to implead itself in the matter before the five-judges bench.

The matter relates to the CBI investigation into a Orissa High Court judge assuring a Lucknow-based medical college set up by a trust to get round the court order not to admit students for two academic years – 2017-2018 and 2018-2019.

IANS

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

India

Nagaland: Two Assam Rifles jawans killed in gunfight

Published

on

Nagaland

Imphal, June 18: Two Assam Rifles soldiers lost their lives, while four were injured in an ambush by suspected National Socialist Council of Nagaland (NSCN-K) terrorists in Nagaland’s Mon district bordering Myanmar.

A gunfight erupted between the Assam Rifles jawans and suspected NSCN-K Sunday afternoon.

The incident took place when the soldiers were on their way to collect water from a river between Aboi- Mohung.

Following the information of an encounter, more reinforcements of security personnel were moved towards the site. Nagaland Police was also rushed to the spot.

Further details are awaited and an investigation in the matter is underway.

WeForNews 

Continue Reading

India

Sri Ram Sene Chief Muthalik likens Gauri Lankesh to a dog

Published

on

New Delhi, June 18: While hitting back at critics for demanding Prime Minister Narendra Modi ‘s statement on  Gauri Lankesh’s murder , Sri Ram Sene founder-president Pramod Muthalik triggered a controversy by comparing slain journalist killing to a dog’s death.

The opposition has been questioning Prime Minister Narendra Modi’s ‘silence’ over Lankesh’s killing.

Pramod Muthalik said, “Two murders took place in Karnataka and two in Maharashtra in Congress rule. No one questioned Congress govt failure. Instead, they are asking why is PM Modi silent and not speaking on Gauri Lankesh’s death. Is Modi responsible even if any dog dies in Karnataka”.

According to reports the 26-year-old Parshuram Vaghmare is said to have told the SIT that he did not know who he was killing when he pulled the trigger on Lankesh.He, however, reportedly claimed that he committed the murder to “save” his religion.

Muthaik’s statement came a day after the Special Investigation Team (SIT) summoned Rakesh Math, the Vijayapura district president of the Sene, for questioning in the case.

Muthalik later defended from his statement, saying he didn’t directly compare Lankesh to a dog, and that he was clarifying that PM Modi cannot comment on every death in Karnataka.

Congress spokesman Manish Tewari slammed Muthalik for his comments on

“Disgusting, nauseating, revolting…vigilante group Sri Ram Sene’s Head Pramod Muthalik compares assassinated journalist Gauri Lankesh to a dog. Mr Prime Minister @narendramodi you did not condemn Gauri Lankesh’s murder are you now going to condone this too,” tweeted Tewari.

He further said added that Parshuram Vaghmare, who allegedly pulled the trigger on the veteran journalist, was not associated with his organisation.

Lankesh, 55, the Editor of ‘Lankesh Patrike’, was shot dead outside her residence in the city’s suburb by unidentified assailants on September 5 last year.

Continue Reading

India

Telangana: Local body chief kicks Woman in chest over property dispute

Published

on

Telangana

New Delhi, June 18: In a shocking incident, president of Dharpally Mandal (a rural local body), Immadi Gopi kicked a woman in the chest, after she hit him with her footwear over a land issue on Sunday. 

In the video that has gone viral on social media, Gopi can be seen kicking the woman.

The incident took place at Indalwai village in Telangana’s Nizamabad district.

According to the Indian Express report, a case has been registered against Gopi under IPC sections 354 (assault or criminal force to woman with intent to outrage her modesty), 323 (voluntarily causing hurt) and 506 (criminal intimidation) based on the woman’s complaint.

On the related note, Gopi also filed a counter complaint following which a case was registered against the woman and some of her relatives over trespass and damaging his property.

In the complaint, the woman said that last year Gopi sold her a plot which also comprised a house for Rs 33.72 lakh for which registration was done in her name.

Gopi had demanded an additional Rs 50 lakh “in view of rise in land rates in the area,” police stated.

As per the police, s0 far, he had not handed over the property and had been threatening her.

Following this on Sunday,  the woman along with her relatives, went to Gopi’s house to demand that the property be handed over. Later, a heated argument broke out after which the woman allegedly hit him with her footwear.

Reacting to this, Gopi then allegedly kicked the woman, police said.

WeForNews 

 

 

Continue Reading
Advertisement

Most Popular