'Black day' in Supreme Court history: Prashant Bhushan explains ordeal

Agencies
November 11, 2017

New Delhi, Nov 11: Petitioner and Supreme Court lawyer Prashant Bhushan, who had sought an SIT Investigation in the medical college bribery scam, termed the Chief Justice of India (CJI), Justice Dipak Misra, overriding J Chelameshwar's order as a 'black day' in the history of the Supreme Court.

"I feel that the behaviour of the CJI and the bench was not proper. We haven’t yet seen the order of the court. We’ll first see and then take the call on our future course of action," Bhushan said.

"But this is certainly a black day in the history of the Supreme Court," he added.

The above-mentioned matter pertains to a medical college bribery scam against IM Quddusi (retired Orissa High Court judge) who was arrested among others, by the Central Bureau of Investigation (CBI) under the Prevention of Corruption Act.

On Thursday, a Supreme Court bench, consisting of Justices J Chelameshwar and Abdul Nazeer, referred the PIL, in the matter, to a five-judge bench, scheduled to conduct a hearing on Monday.

However, the case took an interesting turn today, when another Supreme Court bench comprising the current CJI, Dipak Misra, pronounced the order by Justice J Chelameswar null and void.

Bhushan, earlier in the day, tweeted that CJI Dipak Misra presided over a "hand-picked bench to override yesterday's order" by another top court bench.

Speaking to news agency, Bhushan went on to explain the ordeal of the day's proceedings.

"It was one of the most unfortunate days for the Supreme Court and the judiciary, where the credibility of the court has been greatly undermined and that too effectively by the CJI himself. The petition was seeking an independent SIT investigation into a CBI FIR effectively registered against the judges of SC, including the CJI, particularly the CJI. We were asking for an independent SIT investigation and that it should not be left with the CBI, which is a caged parrot under the Central Government," Bhushan said.

"A similar matter was heard the previous day in which it was observed that it is a very important case and can have serious ramifications and therefore, it should be heard by five seniormost judges of the Supreme Court on Monday. Today when our matter came to a different bench, the two judges first apparently said that it should be connected with the earlier case but then at 2:45 pm, I received a call from the registry that the CJI has constituted a seven-judge bench," he added.

Bhushan further said that thereafter, a five bench started the proceedings, but instead of hearing the matter on merits, it started asking all kinds of random lawyers present there about the propriety of court no. 2 hearing this matter the previous day.

"When I said that the CJI should not be hearing this matter because he has a conflict of interest as this FIR is effectively seeking an investigation into his role also, he ignored my point and once again started listening to random lawyers," he said, adding, "He did not allow me to say anything on the merits of the case."

Bhushan added that after trying for four-five times, he left the court.

"Thereafter, apparently he passed an order saying that he is the 'master of roles', and that he would only assign the benches," he concluded.

Bhushan had earlier tweeted, "Extraordinary proceedings in SC today in the case seeking SIT Investigation in medical college bribery case involving the CJI! CJI presided over a hand picked bench to override yesterday's order referring this case to top 5 judges.This despite having a direct conflict of interest."

"The court proceedings were extraordinary in that the CJI was asking all kinds of lawyers who were not parties to say things against the order of Court 2, w/o hearing petitioner. He tried to justify his role in the medical college case & speak against 'impropriety' of Court 2," he had added.

The Campaign for Judicial Accountability and Reforms (CJAR), a non-governmental organisation represented by Bhushan, had moved a petition seeking an independent court-monitored probe into the alleged scam. This petition was first posted before a bench headed by Justice Chalameswar on November 10.

The petition was later moved to a bench headed by Justice AK Sikri.

Advocate Kamini Jaiswal also moved a similar petition, which was mentioned before a two-judge bench headed by Justice Chelameswar for urgent hearing. This bench later referred the matter to a larger five-judge Constitution bench, ordered to have five seniormost judges of the Supreme Court.

On Friday, the petition filed by Prashant Bhushan, similar to Jaiswal's, came up before the bench of Justice Sikri.

Quddusi allegedly used his influence to help Uttar Pradesh-based Prasad Education Trust in "settling" a matter involving their plea to set up medical colleges pending in the Supreme Court.

The Trust owned one of the 46 medical colleges barred by the central government from admitting students. The accused were subsequently granted bail, but the same was not challenged by CBI.

Following granting of the bail, two parties (advocate Kamini Jaiswal and CJAR) filed a Public Interest Litigation (PIL) in the Supreme Court seeking the constitution of an SIT to investigate the allegations, with a retired judge monitoring the same.

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November 23,2024

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Bengaluru: In a boost to the ruling Congress in Karnataka, the party on Saturday swept the by-polls to three Assembly segments, causing a major setback to the BJP-JD(S) alliance in the state.

The Congress has retained Sandur, the seat considered to be its strong hold, and has also bagged Shiggaon and Channapatna segments, which were earlier held by BJP and JD(S) respectively.

The November 13 by-polls to Sandur, Shiggaon and Channapatna Assembly segments had witnessed a fierce fight between the ruling Congress and a combative BJP-JD(S) alliance.

The by-polls to Sandur, Shiggaon and Channapatna were necessitated as the seats fell vacant following the election of their respective representatives -- E Tukaram of Congress, former CM Basavaraj Bommai of BJP, and Union Minister Kumaraswamy of JD(S) to Lok Sabha in May elections.

The by-polls witnessed a straight fight between the ruling Congress and BJP in Sandur and Shiggaon segments, while in Channapatna, JD(S) which is part of the NDA alliance took on the grand old party.

Congress' C P Yogeeshwara won the Channapatna segment, defeating JD(S) candidate and Kumaraswamy's son Nikhil Kumaraswamy, by a margin of 25,413 votes.

Former CM Basavaraj Bommai's son Bharath Bommai of BJP faced defeat against Congress' Yasir Ahmed Khan Pathan in Shiggaon Assembly segment by a margin of 13,448 votes.

In Sandur, Congress candidate E Annapoorna, the wife of Bellary MP E Tukaram, won the seat vacated by her husband, by a margin of 9,649 votes.

Congress' win in the by-poll is seen as an endorsement of both Chief Minister Siddaramaiah and his deputy D K Shivakumar's leadership, and the government's programmes, especially the five guarantee schemes.

Nikhil Kumaraswamy and Bharath Bommai, the third generation of Gowda and Bommai family respectively, who contested this bypolls, have lost. Their fathers and grandfathers had served as Karnataka's Chief Ministers in the past.

While for Bharath Bommai this was his electoral debut, for Nikhil it was his third electoral loss.

Among the three segments, Channapatna was considered to be a high profile battle, where the contest was between C P Yogeeshwara and actor-turned-politician Nikhil Kumaraswamy.

A five-time MLA from the segment and a former Minister, Yogeeshwara had joined the Congress after quitting BJP ahead of nomination.

There were plans to field Yogeeshwara on a JD(S) ticket, but he was not interested in it, and instead wanted Kumaraswamy to support him as BJP candidate. This was not acceptable to Kumaraswamy and his party, following which Yogeeshwara jumped ship.

However, Kumaraswamy had subsequently said he had agreed to Yogeeshwara contesting from BJP, and despite that he jumped ship to Congress, under the influence of Deputy Chief Minister D K Shivakumar and his brother and former MP D K Suresh.

Nikhil had faced defeat in 2019 Lok Sabha and 2023 Assembly polls. It is seen as a setback for Kumaraswamy too, as he could not ensure son's win from the Channapatna, the seat he had twice represented in the past.

Congress' win is crucial for Shivakumar, who is also the state Congress chief and his brother Suresh to strengthen their position in their home district of Ramanagara, a Vokkaliga heartland.

In Shiggaon, BJP's Bharath Bommai, son of Basavaraj Bommai lost against Congress' Yasir Ahmed Khan Pathan, who had faced defeat against the former Chief Minister in the 2023 Assembly polls.

Initially, former MLA Syed Azeempeer Khadri, a Congress' ticket aspirant, had raised a banner of revolt in Shiggaon, by filing his nomination as an independent, but later withdrew after intervention by party leadership.

In Sandur, Bellary MP Tukaram's wife E Annapurna of Congress won from the seat vacated by her husband, against BJP ST Morcha president Bangaru Hanumanthu, who is considered close to party leader and former mining barron G Janardhan Reddy.

Sandur is a Congress' bastion, and Tukaram had represented it four times.

Congress winning the by-polls is seen as "crucial" for Chief Minister Siddaramaiah to assert himself , amid demands for his resignation following charges against him in the MUDA site allotment case.

There were also behind-the-scenes political activities within the ruling Congress earlier this year, with a few ministers in his Cabinet holding closed door meetings, fueling speculation about leadership change. But such activities came to a halt following instructions from the party high command.

It is equally important for Shivakumar, who has not shied away from openly expressing his Chief Ministerial ambitions, amid speculations over "rotational Chief Minister formula," according to which he will become CM after two-and-half years (in this govt's five years tenure), but they have not been officially confirmed by the party.

The defeat in this by-poll is seen as a setback for state BJP President Vijayendra, who has been facing intense criticism and opposition from a section within the party, who have raised a banner of revolt against his leadership accusing him and his father, veteran leader B S Yediyurappa of "adjustment politics".

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News Network
November 21,2024

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Prominent NRI community leader SM Syed Khalilur Rehman, fondly known as CA Khalil, passed away in Dubai on Thursday at the age of 86 after a brief illness.

Khalil had been admitted to Aster Hospital in Mankhool on Tuesday after experiencing severe leg weakness. Despite the best efforts of the medical team, he succumbed to a double heart attack that worsened his condition, his son Rais Ahmed confirmed.

The news of his passing has sent waves of grief across communities, particularly in his hometown of Bhatkal, Karnataka, where he was a celebrated figure. Tributes have been pouring in on social media, highlighting his significant contributions to international trade, social service, and education.

A Legacy of Leadership and Service

A chartered accountant by profession, Khalil was a founding member of the Dubai chapter of the Institute of Chartered Accountants of India (ICAI), where he served as chairman from 1987 to 1994. His illustrious career included key leadership roles, such as general manager of Khaleej Times, group executive director of the Ilyas and Mustafa Galadari Group, and vice-chairman of the Jashanmal Group of Companies.

He also chaired Maadhyama Communications and Sahil Online, a web-based news platform, and was a director and trustee of several media companies and charitable organisations in Dubai and India.

A Champion for Education and Philanthropy

Khalil’s impact extended far beyond his professional achievements. As president and general secretary of Anjuman Hami-e-Muslimeen, he played a pivotal role in the development of educational institutions, including schools and colleges in Bhatkal and surrounding areas. His dedication to social upliftment earned him recognition from the Government of Karnataka, which honoured him with a prestigious award for his philanthropic contributions.

A Life Celebrated

The Bhatkal Muslim Khaleej Council (BMKC) recently released a documentary celebrating Khalil’s remarkable life and service to the community—a testament to his enduring legacy.

CA Khalil is survived by his family and countless admirers across the globe. His passing marks the end of an era for Indian expatriates in the UAE and beyond, leaving behind a legacy of leadership, generosity, and commitment to community service.

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News Network
November 19,2024

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The Karnataka Police’s Anti-Naxal Force (ANF) achieved a major breakthrough on Monday night by eliminating Vikram Gowda, one of Karnataka’s most wanted Naxal leaders for over two decades. The encounter occurred in the dense Kabbinale forest of Udupi district, marking a significant victory against Naxal insurgency in the region.

Who Was Vikram Gowda?

Hailing from Hebri in Udupi, Vikram Gowda, 44, was a prominent figure in the Naxal movement. He went underground in 2002, initially serving as a courier and fund collector before rising to lead a breakaway Naxal group. Despite having only a fourth-grade education, he was a staunch advocate for tribal rights and a key player in the movement’s survival in Karnataka.

Bounty: ₹3 lakh from Karnataka and ₹50,000 from Kerala.

Legacy: The last major Naxal leader in Karnataka after the 2021 arrest of B G Krishnamurthy.

The Encounter

Police revealed that Gowda and his team visited Kabbinale village to collect groceries on Monday night. Acting on a tip-off, ANF ambushed the group. When the Naxals opened fire, ANF responded, leading to Gowda's death.

Escapees: Three Naxals fled, including prominent members Latha (aka Mundgaru Latha) and Raju.

Significance: This was the first Naxal casualty in Karnataka in over two decades.

Home Minister G. Parameshwara confirmed the operation, stating, “Gowda was elusive for 20 years, escaping multiple encounters. His death is a critical step in dismantling Naxal operations in the region.”

The Decline of Naxal Activity in Karnataka

Karnataka's Naxal movement has been dwindling, with members seeking refuge in Kerala and Tamil Nadu. The group’s strength had reduced to just 19 members by 2018, but recent sightings indicate attempts at revival:

2023 Activity: Reports of Gowda-led movements in the Kodagu and Hassan districts reignited concerns.

Political Heat: The BJP criticised the Congress government, alleging it created a “safe haven” for Naxals.

A Glimpse into Gowda’s Past

Personal Life: Gowda’s ex-wife, Savitri (alias Rajita), was arrested in 2021. She was a senior Naxal commander involved in insurgency since 2004.
Rehabilitation Efforts: Since 2013, Karnataka’s rehabilitation policy has seen 14 Naxals surrender and reintegrate into mainstream society.

A Milestone in Karnataka’s Fight Against Insurgency

The operation signifies a decisive blow to Naxal resurgence in the Western Ghats. While the ANF continues its search for escapees, the Karnataka government reaffirmed its commitment to offering rehabilitation to those willing to surrender.

As Karnataka celebrates this triumph, the message is clear: there is no room for insurgency in the state.

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