The Great Indian Political Drama - 2 (Mar 2018 - Oct 2018)

[pankajs]

Why has Modi acted to appoint one Justice to the SC while holding back on the other recco especially while the issue of "intimidating the SC" is in play?

They have sat on the recco for 3 months and could have kept doing the same for another 2? What was the hurry to make this move right in the middle of a very politicized season?

[pankajs]

Barring any unforeseen circumstances Justice Ranjan Gogoi will get the baton from the current CJI while the rest will retire by then or shortly after. The question being asked are slanted to get a particular response. Just so one is aware while reading. Also Justice AM Ahmadi is in all likely-hood is a CON pasand judge.

https://scroll.in/article/876768/the-su ... hment-move
‘The Supreme Court won’t be regarded as a strong court now’: Former CJI Ahmadi on impeachment move

Justice AM Ahmadi also said Justice Ranjan Gogoi – who was part of the four judges’ conference and is next in line to become CJI – should not be bypassed.

Nevertheless, what do you think of the charges levelled against the chief justice in the impeachment motion?
The question to ask is: are the charges tentative? Or is there some positive material regarding the charges? Judging from what the press has reported, I think the charges are tentative. The impeachment motion could have been avoided. I do not think allegations in the motion can be classified as positive.

Naidu rebutted each of the five allegations citing reasons and making sweeping observations. Should he have done that?
He should, in my opinion, have said that after studying the impeachment motion, he decided he cannot admit it. His remarks were not statesman-like.

You think he was over the top?
Yes.

What about the Master of the Roster controversy?
There is just no doubt that the chief justice is the Master of the Roster.

Did you as chief justice decide on your own the allocation of cases to your brother judges? Or did you also consult some of them?
I would take the decision and constitute the benches – the Constitution bench, the tax bench, and so on. I never faced any difficulty. The distribution of cases is the chief justice’s prerogative. The chief justice has a sense of the expertise of every judge, and that is kept in mind while constituting a bench.

<snip>

What do you think about the four judges holding a press conference?
That could have been avoided.

But what if the four judges thought the only recourse left for them was to go public with their disquiet?
Statesmanship was lacking in both the chief justice and the four judges. How do you handle a problem that is brewing and threatening to blow up into a full-fledged crisis? You take steps to lower the temperature so that the issue does not turn into a crisis. This is what is normally done unless, obviously, you turn the entire thing into a matter of prestige.

<snip>

So why did Misra not follow this prescription?
I do not know. If I adopt the attitude that the roster is my prerogative, my concern alone, then it becomes an altogether different matter. True, someone has to make the roster and assign work…

But it can also be done in consultation.
Don’t you think there would have been differences? The chief justice could have again found himself in a tight situation.

In November, the mentioning of a petition on Prasad Education Trust was done before Justice J Chelameswar because the Constitution bench headed by Misra was listening to another matter. Is this normal practice?

Normally, even if the chief justice is busy, the matter must be mentioned before him and he may choose to assign it to another bench. In other words, you cannot directly go to the second or third senior-most judge, you must come through the chief justice. That is the norm.

The last point was the start of all the angst. This was the first attempt to derail the current CJI by "bench shopping" when it is clear that Justice Chelameswar should have refused the PIL and instead directed the applicant to approach the CJI.

[chetak]

Why has Modi acted to appoint one Justice to the SC while holding back on the other recco especially while the issue of "intimidating the SC" is in play?

They have sat on the recco for 3 months and could have kept doing the same for another 2? What was the hurry to make this move right in the middle of a very politicized season?

What happens before and during every election season in India??

People are simply doung things that have a precedent and things that have produced results.

What about the 10 odd judges that this joseph guy has superceded, has anyone cared to ask them what they think of the dodgy decision of the collegium and what exactly are the extra special and superior qualifications that joseph brings to the chair, that others left by the wayside, after joseph's elevation, could not??

If seniority carries such a ponderous weight in the appointment of kurien as the CJI, why has that very principle now been abandoned in the case of joseph's appointment to the SC bench?? Why has such a deep selection been made in this specific case??

isn't one judge supposed to be just as good as another?? Who exactly is so very interested in pushing joseph and why?? and most importantly, cui bono?? or "to whom is it a benefit?"??

There is none so blind as he who will not see.

Such judicial cherry picking leaves the collegium open to many acccusations of succumbing to extra judicial pressures and bias, favoritism and malice. What is sauce for the goose has to be sauce for the gander. No two ways about it.

No where in the entire world do only judges choose other judges, except in our great democracy of India where the national motto should be changed to " jiski lathi uski bhains "

I think that its high time that the stinking augean stables need to be cleaned, once and for all.

[chetak]

^^^^^^^

if seniority carries such a ponderous weight in the appointment of {for kurien}, {read gogoi} as the CJI, why has that very principle now been abandoned in the case of joseph's appointment to the SC bench?? Why has such a deep selection been made in this specific case??

Mistake in previous post. Pls correct as above.

Sorry.

The procedure of succession is triggered by a letter of recommendation by the current Chief Justice to the government, naming his successor. The letter is the starting point of succession. The government proceeds further on the basis of this letter. So, Chief Justice Misra, who is retiring on October 2 this year, is supposed to recommend Justice Gogoi’s name as his successor.

This is done well in advance of the date of retirement of the incumbent Chief Justice of India so that the government would get enough time to proceed with the formalities and get the assent of the President.

The succession or the line of Chief Justices is decided on the basis of seniority from the time of their appointment to the Supreme Court.

[pankajs]

https://timesofindia.indiatimes.com/ind ... 924584.cms
Government within its rights to send back a judge's name for reconsideration: SC

NEW DELHI: The Supreme Court on Thursday said the government is within its rights to send back a judge's name for reconsideration and in such an eventuality, the Collegium will deal with it in accordance with judicial precedent and the Constitution.

A bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud made the observation while rejecting a petition filed by senior advocate Indira Jaisingh seeking stay on the appointment of jurist Indu Malhotra as an apex court judge.

The bench said lawyers filing a petition to seek stay of appointment of a member of the bar is unimaginable, unthinkable, inconceivable and, to say the least, never heard of.

"Constitutional propriety demands that warrant of appointment of Indu Malhotra be implemented," the bench said.

<snip>

The bench further said that if 35 names are recommended by the Collegium for appointment to a HC, should all appointments be stalled just because government sends back five names and clears 30 names?

<snip>

Meanwhile, over 100 lawyers have signed a resolution seeking urgent convening of Supreme Court Bar Association meeting to discuss the issues arising from the controversy over judge appointments.

Clear Lines are being drawn. That at least is constructive.

[chetak]

https://timesofindia.indiatimes.com/ind ... 924584.cms
Government within its rights to send back a judge's name for reconsideration: SC

NEW DELHI: The Supreme Court on Thursday said the government is within its rights to send back a judge's name for reconsideration and in such an eventuality, the Collegium will deal with it in accordance with judicial precedent and the Constitution.

A bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud made the observation while rejecting a petition filed by senior advocate Indira Jaisingh seeking stay on the appointment of jurist Indu Malhotra as an apex court judge.

The bench said lawyers filing a petition to seek stay of appointment of a member of the bar is unimaginable, unthinkable, inconceivable and, to say the least, never heard of.

"Constitutional propriety demands that warrant of appointment of Indu Malhotra be implemented," the bench said.

<snip>

The bench further said that if 35 names are recommended by the Collegium for appointment to a HC, should all appointments be stalled just because government sends back five names and clears 30 names?

<snip>

Meanwhile, over 100 lawyers have signed a resolution seeking urgent convening of Supreme Court Bar Association meeting to discuss the issues arising from the controversy over judge appointments.

Clear Lines are being drawn. That at least is constructive.

The FFNGOs behind indira jaisingh should be identified and called out.

She was illegally funded by them while she was actually in office, in judicial service as the Additional Solicitor General of India and she accepted those illegal funds, leaving her open to all manner of influences and obligations toward her " benefactors ".

[chetak]

twitter

So Justice.Joseph is 42nd in the seniority list of 669 high court judges across India. Question arises on how Justice.Jospeh was elevated as Chief Justice of HC ahead of other senior High Court Judges. Stop blaming PM Modi Govt. for each & every thing that you’ve problems with.

9:55 PM - 25 Apr 2018

[chetak]

twitter

Justice.Joseph son of former SC Judge Justice.KK Mathew. Did Collegium clear his name in the first place as the usual practise of Nepotism? Govt very clear, collegium disregarded seniority & regional representation while recommending the name of Justice.Joseph. Stop politicising!

259 retweets 248 likes
Retweet 259 Like 248

[pankajs]

Another day, another trick busted.

http://www.livelaw.in/no-absolute-bar-s ... -judgment/
No Absolute Bar To Summon Aged Woman Before Enforcement Directorate: Madras HC Rejects Sr Adv Nalini Chidambaram’s Plea [Read Judgment]

“When the petitioner describes her position and status not only as a Senior Advocate, but also appearing in all High Courts, including the Supreme Court of India, then this Court has to draw the factual inference that the writ petitioner can never said to be incapable of attending or participating for the effective investigation of the case being undertaken by the respondents under the provisions of the “PMLA”,” the court remarked holding that the spirit of Section 160 cannot be interpreted so as to nullify or paralyze an effective investigation process of cases under the PMLA.

[pankajs]

No wonder Mumtaz Bano-jee unleashed such violence to prevent filing of nominations for .. was it panchayat elections? She will surely win big but the signposts are not looking good in the long run.

https://www.financialexpress.com/india- ... l/1146392/
Bad news for Mamata Banerjee, TMC: Survey shows BJP gaining big in rural West Bengal

[pankajs]

Normally a bid to get sympathy ... Is CON not sure of Karnataka elections? And to blame the pilot. I mean unless the pilot was suicidal why would he sabotage his own copter? And if he was how did the copter survive? DId the CON folks overpower him and land the copter themselves?

https://timesofindia.indiatimes.com/ind ... 932640.cms
Congress cries 'conspiracy' over snags in Rahul's copter

[Hari Seldon]

DDM. Heh.

[chetak]

How exactly did this small high court acquire such clout??

nondescript people being promoted way, way before their turn and the legitimate and reasonable concerns and aspirations of other much larger and surely more deserving high courts being so callously overlooked and all this in the name of some autocratically and undemocratically enforced "judicial freedom".

NJAC or no NJAC, the govt's logic can't be beat.


Centre refuses to elevate KM Joseph to Supreme Court: A look at regional representation in apex court

Centre refuses to elevate KM Joseph to Supreme Court: A look at regional representation in apex court

India FP Staff Apr 27, 2018

The central government, which has refused to accept the Supreme Court's collegium's recommendations regarding the appointment of Justice KM Joseph to the apex court, has said doing so would distort the court's regional representation.

It said the apex court already has Justice Kurian Joseph, who was elevated as an Supreme Court judge on 8 March, 2013, from the Kerala High Court and there were two other High Court chief justices — justices TB Radhakrishnan and Antony Dominic, whose parent high court was Kerala. Radhakrishnan is the Chief Justice of Chhattisgarh High Court, while Dominic is Chief Justice of Kerala High Court.

The government's contention is that having another Supreme Court judge from Kerala would distort the carefully maintained composition of the apex court.

As explained by The Times of India, there are 25 Supreme Court judges, of whom three each are from Bombay and Delhi High Court, while the high courts of Allahabad, Madhya Pradesh, Karnataka and Andhra Pradesh provide two each. The high courts of Kerala, Odisha, Gauhati, Punjab & Haryana, Madras, Patna and Himachal Pradesh contribute one Supreme Court judge each.

The government has said that since Kerala's is a small high court, its representation in the apex court can't rise to two. The Times of India report also said that there are 10 high courts — Calcutta, Chhattisgarh, Gujarat, Rajasthan, Jharkhand, Jammu and Kashmir, Uttarakhand, Sikkim, Manipur and Meghalaya — which have no representation in the Supreme Court.

The note of the Union law ministry addressed to the Chief Justice of India (CJI), who heads the five-member collegium, said the proposal to reconsider Joseph's name had the approval of President Ram Nath Kovind and Prime Minister Narendra Modi. The note also said the elevation of one more judge from Kerala High Court does not address the "legitimate claims of the chief justices and puisne judges of many other high courts" and "forestalls the claim of other senior chief justices and puisne judges".

"From our records, it is evident that to ensure regional representation, seniority may not have been taken as an important consideration, but in case where the high court concerned is adequately represented in the Supreme Court and also as chief justices of different high courts, then this consideration cannot be and should not be ignored all together to the detriment and prejudice of other senior judges," it said.

Furthermore, a report on NDTV argued, it could also be because there is no Dalit judge on the roster of Supreme Court justices. It said that ever since KG Balakrishnan retired as the chief justice of India in 2010, not a single Dalit judge has been elevated to the Supreme Court or even as chief justice of a high court.

At a time when the government is facing a backlash from Dalits over a court verdict that relaxed provisions of the SC/ST Atrocities Act, the government also pointed out that the communities have not been represented in the Supreme Court for a long time.


Updated Date: Apr 27, 2018 10:16 AM

[chetak]

https://youtu.be/0IAx9Y059UM

Mega Scoop On Judicial Crisis I India Upfront With Rahul Shivshankar

twitter

Good, strong anchoring from @RShivshankar, putting one pretentious fraud, one windbag & one motormouth firmly in their place. (Have fun guessing the three) #CJIFilesRevealed

[Hari Seldon]

AT least one law is now gender neutral. Good. Make the others gender neutral too.

Centre to make sexual assault of boys under age of 12 punishable by death penalty(HT)

And continuing along these lines, make certain laws in the fields of edu community neutral as well.

[manju]

Guys, I am going to stick my neck out and make a brazen prediction: BJP will win Karnataka. Of course, I will eat humble pie if I am off the mark. Of course, I will puke my gut out if my fellow Kannadiga brothers and sisters decide to vote for Pappu and his slaves.

From the ground..

I was doubtful..but last few days it appears BJP is gaining edge, at least in North and NE Karnataka. RamMadhav has been assigned a few districts in this region. Similarly central BJP office bearers have been alloted districts. With such big wigs taking on responsibilities for few districts the grassroot workers will be motivated...

let us see only

[Supratik]

Urban Naxal Part 2.

http://www.5forty3.in/gaze_articles.php?articalid=208

[SSundar]

From the ground..

I was doubtful..but last few days it appears BJP is gaining edge, at least in North and NE Karnataka. RamMadhav has been assigned a few districts in this region. Similarly central BJP office bearers have been alloted districts. With such big wigs taking on responsibilities for few districts the grassroot workers will be motivated...

let us see only

What about the superstition that the party that wins KA usually loses the center in the next election? I would rather like to see the BJP just short of the finish line and propping up JD(S) from behind - not much unlike Jammu & Kashmir. Or for that matter, even a JD(S) government propped up by Congis. If either uneasy arrangement implodes sometime post-2019, the people of KA are that much more likely to bring back BJP.

2019 is the bigger prize. KA just needs to be stopped from being Congis' ATM.

[KJo]

Sundar, but why Saar?
Is it for superstitious reasons or something more chankyan?

KA has always made the distinction between Center and State better than other states. It voted historically for Congress at Center because that was the best option. At state level it was Janata for many years when RK Hegde and other tall leaders were around.

I think KA is very much for Modi at the Center even if Congress comes back to power in the Assembly.

[bharotshontan]

What is the deal with Tripura CM farting away despite Modi warning to BJP leaders to watch it? I can understand dilli door hai mentality persists regarding northeast states for all parties but Kolkata is not that door from Tripura. Maybe better vetting should have been done especially given that West Bengal is looking more and more like BJP is going to get serious play.

[SSundar]

Sundar, but why Saar?
Is it for superstitious reasons or something more chankyan?

95% superstition. The other 5% is to make sure BJP does not get arrogant or complacent

[SSundar]

What is the deal with Tripura CM farting away despite Modi warning to BJP leaders to watch it?

Not defending him, but we have to consider the possibility that the media is (forgive my gross expression) deliberately holding the microphone to amplify his farts. Many CMs have made silly/stupid statements or done silly/stupid deeds in public. This man will need to get used to being belittled because he stands as a symbol of those who vanquished the mighty Manik Sarkar.

[SSundar]

Social media manipulation and trend management of Kathua incident

Based on one of the comments in the blog, he may have got the causal incident wrong. He says the tweet storm started RaGa's Fast(-one) failed. One of the reader points out that the chargesheet was filed on April 9th.

However, a "journo" working for Coupta starting the tweet, followed by Barkha and then the whole entourage that followed leave no doubt that this was a campaign. If we spend an additional 10 minutes, we might even get the list of all 68 journos/politicos/bollywoodites who were allegedly receiving a handsome paycheck from CA.

The closing comments are telling. One day, we were all talking about how evil CA is. The next day, we were all taken by the same CA.

BRF/BGR got taken for a ride too. When Coupta, Barkha, et al. quit well-paying MSM jobs and ended up in unknown internet blogs, we celebrated that they got what they deserved. Little did we know that they had moved on to greener pastures where all the big money was headed. Who wouldn't love a job where you could create something from your own imagination, sell it at the click of a button and enjoy a popcorn in your living room while seeing actual statistics & data scroll past you showing how successful your creativity was. Instant gratification, possibly followed by a large payment in an exotic island bank.

[manju]

From the ground..

I was doubtful..but last few days it appears BJP is gaining edge, at least in North and NE Karnataka. RamMadhav has been assigned a few districts in this region. Similarly central BJP office bearers have been alloted districts. With such big wigs taking on responsibilities for few districts the grassroot workers will be motivated...

let us see only

What about the superstition that the party that wins KA usually loses the center in the next election? I would rather like to see the BJP just short of the finish line and propping up JD(S) from behind - not much unlike Jammu & Kashmir. Or for that matter, even a JD(S) government propped up by Congis. If either uneasy arrangement implodes sometime post-2019, the people of KA are that much more likely to bring back BJP.

2019 is the bigger prize. KA just needs to be stopped from being Congis' ATM.

Past antecedents and history apart...

I am wanting a similar result... so that post 2019 bjp clear out all the scum in the party and hopefully present new faces...

This will also ensure BJP does not get complacent

[krisna]

Social media manipulation and trend management of Kathua incident

Based on one of the comments in the blog, he may have got the causal incident wrong. He says the tweet storm started RaGa's Fast(-one) failed. One of the reader points out that the chargesheet was filed on April 9th.

However, a "journo" working for Coupta starting the tweet, followed by Barkha and then the whole entourage that followed leave no doubt that this was a campaign. If we spend an additional 10 minutes, we might even get the list of all 68 journos/politicos/bollywoodites who were allegedly receiving a handsome paycheck from CA.

The closing comments are telling. One day, we were all talking about how evil CA is. The next day, we were all taken by the same CA.

BRF/BGR got taken for a ride too. When Coupta, Barkha, et al. quit well-paying MSM jobs and ended up in unknown internet blogs, we celebrated that they got what they deserved. Little did we know that they had moved on to greener pastures where all the big money was headed. Who wouldn't love a job where you could create something from your own imagination, sell it at the click of a button and enjoy a popcorn in your living room while seeing actual statistics & data scroll past you showing how successful your creativity was. Instant gratification, possibly followed by a large payment in an exotic island bank.

1) Delhi Hgh Court imposed a fine of 10 lakhs each to the DDM for manipulating public sentiments which includes naming of individuals. It was actually 25 laksh but media lawyers pleaded guilty and apologised. fine reduced to 10 lakhs.
2) The crime occurred in January during the uttarayan/lohri festival period. Hence temple was full of devotees and a one room temple with nothing to hide with 3 doors/windows. Temple made a victim to make sentiments go against Hindus. powerful symbol of Hinduism. creates anger etc etc etc , diverts attention from real criminals.
3) All the tweets and retweets are from the usual gang who have innumerable folowers and connections to various journalists across world. hence this was picked up and made into world wide issue. some BIF Indian journalists also as usual ask these questions to foreign personalities like in uno or other organisations formally or informally. Not to speak of our terroists neighbour who will not keep quiet. This was raised in ukstan parliament also .
4) Lot of other rapes have occurred which do occur in a large populous nation like India but not a tweet or retweet of them by the usual scoundrels.
5) This movement was another attempt to create a Nirbhaya like all india movement but has petered out due to the social media themselves as they saw thru the game plan. Of course Indians on the ground also have had enough of DDM antics.
6) The bar council of India is supporting Jammu lawyers agitation against J&K govt invetsigations. They wanted CBI involvement. This petition is now in SC. depends on the lairdship where this will go. The sickular libtards want the present one to continue as it helps their narrative.