'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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News Network
November 25,2024

Udupi: Six junior artists from the prequel of Kannada blockbuster film ‘Kantara’ were injured, when the bus they were travelling in overturned in the district, police said on Monday.

According to police, the accident occurred near Jadkal on Sunday night when the mini-bus carrying the crew of the film overturned.

“The incident happened while they were returning to Kollur after completing the shoot at Mudoor in Jadkal. The mini-bus was carrying 20 junior artistes when it met with the accident,” a police officer said.

The injured were rushed to hospitals in Jadkal and Kundapur for treatment, they said.

The Kollur police are investigating the matter.

"The news making rounds is completely false. The Kantara: Chapter 1 team began shooting at 06:00 AM today, and everything is proceeding as normal. A minor accident occurred 20 kilometres away from the shooting location, involving a local bus carrying some members of the Kantara team. However, no injuries were reported," a source close to the production said.

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News Network
November 13,2024

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In the heart of Mangaluru, where rising air pollution is spurring public health worries, voices are calling for a greener, cleaner shift in the city’s public transport. Leading this call is APD Foundation, a Mangaluru-based environmental NGO, which has urged Forest, Ecology, and Environment Minister Eshwar Khandre to mandate electric vehicle (EV) adoption in public transport.

Abdullah A Rehman, CEO of APD Foundation, emphasized in a formal letter to the minister that Mangaluru’s public transportation system—efficient and organized with both government and private players—could transition smoothly to EVs in stages. He suggested that government-backed financial incentives, partnerships with EV manufacturers, and collaborations with environmental groups could streamline the switch.

Rehman stressed the potential of EVs to cut down emissions, enhance air quality, and reduce noise levels, noting the quieter operation of electric buses. He confirmed that a copy of his letter was submitted to the Deputy Commissioner as well.

However, Dilraj Alva from the Dakshina Kannada City Bus Association noted potential challenges, explaining that the shift might take up to two years due to infrastructure and budget hurdles. Most EV buses, he explained, are procured through aggregators, not directly by individual operators. The addition of charging stations and other essential infrastructure further complicates the transition.

Alva also raised the economic concern: while diesel buses are priced between ₹30-40 lakh, electric buses can cost up to ₹1 crore. Reflecting on recent meetings with companies, including one in Manipal, he questioned the assumption that EVs are an absolute solution to pollution. “EVs aren’t entirely eco-friendly, especially when considering battery disposal,” he cautioned.

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News Network
November 12,2024

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The UN humanitarian coordinator for Lebanon has warned that the “picture of life in Lebanon remains grim,” highlighting an "alarming" level of human suffering and significant humanitarian consequences due to the ongoing Israeli carnage.

Imran Riza, the UN Deputy Special Coordinator and Resident and Humanitarian Coordinator for Lebanon (UNSCOL), provided a stark overview of the Arab country's dire circumstances in a statement released on Monday.

“The current picture of life in Lebanon remains grim. Yesterday, airstrikes reportedly killed 23 people, including seven children, in the village of Aalmat in Mount Lebanon,” Riza said on X.

An airstrike in the city of Tyre on the same day resulted in the tragic deaths of five siblings from a single family, all of whom had special needs, according to his statement.

He added that in the last week, Israeli airstrikes have killed at least 241 individuals and left 642 others injured in Lebanon, as reported by the Ministry of Health.

“In the past month, more than 185,000 people have fled their homes in their search for safety within the country, bringing the total to over 870,000 people internally displaced,” Riza said

The UN official highlighted that numerous individuals, including the elderly and those with health issues, are staying behind while witnessing the ruins of their ancestral homes.

He urged for the swift safeguarding of civilian people and infrastructure, emphasizing the necessity to uphold international humanitarian law and end the ongoing violence.

Lebanon’s National News Agency reported that Israeli forces bombed a house in the town of Maydoun in Bekaa on Monday night, killing three people and destroying the house.

Earlier, Israel bombed the northern town of Ain Yaaqoub, killing at least 14 people.

The killings came as Israeli military continued to pound Lebanon, bombing shops selling electrical appliances in the southern city of Tyre and carrying out air raids on the towns of Shamshtar in eastern Baalbek and Roumine in southern Nabatieh.

Lebanon’s Ministry of Health said Israeli attacks killed at least 54 people across the country on Monday.

Israel’s merciless attacks continue despite calls from the UN Security Council for an immediate ceasefire and directives from the International Court of Justice urging measures to prevent genocide and alleviate the dire humanitarian situation in Gaza and Lebanon.

In Lebanon, at least 3,243 people have been killed and 14,134 others wounded in Israeli attacks since the war on Gaza began on October 7, 2023.

The Lebanese resistance movement Hezbollah opened a support front for Palestinians in Gaza only a day after the Israeli regime unleashed its genocidal war on the besieged territory.

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