'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 21,2024

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The International Criminal Court (ICC) has issued arrest warrants for Israeli prime minister Benjamin Netanyahu and his former minister of military affairs Yoav Gallant over war crimes against Palestinians in the Gaza Strip.

The court’s Pre-Trial Chamber I issued warrants of arrest for Netanyahu and Gallant "for crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024, the day the Prosecution filed the applications for warrants of arrest”, it confirmed in a statement Thursday.

It is the first instance in the court's 22-year history it has issued arrest warrants for Western-allied senior officials.

In its statement, the ICC's Pre-Trial Chamber I, a panel of three judges, said it has rejected appeals by Israel challenging its jurisdiction. 

The chamber said it has decided to release the arrest warrants because "conduct similar to that addressed in the warrant of arrest appears to be ongoing", referring to Israel's ongoing onslaught on Gaza.

Netanyahu and Gallant, it said, “each bear criminal responsibility” for “the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts,” as well as “intentionally directing an attack against the civilian population.”

All 124 states that signed the Rome Statute, the treaty that established the court, are now under an obligation to arrest the wanted individuals and hand them over to the ICC in the Hague. 

The court relies on the cooperation of member states to arrest and surrender suspects. The Netherlands' foreign minister quickly said his country was prepared to enforce the warrants while 93 nations earlier reiterated their support for the ICC.

Triestino Mariniello, a lawyer representing Palestinian victims at the ICC, called the warrants "a historic decision".

He noted that the court had endured "pressure and threats of sanctions" from the US government, but acted nonetheless.

As expected, the Tel Aviv regime rejected the rulings, with its security minister Itamar Ben Gvir calling the warrants “anti-Semitic through and through.”

The ICC said Israel’s acceptance of the court’s jurisdiction was not required.

Israel and its major ally, the United States, are not members of the court. 

Israel unleashed its bloody Gaza onslaught on October 7, 2023. So far, it has killed at least 43,985 Palestinians, mostly women and children, and injured 104,092 others, according to the Gaza Health Ministry.

Israel faces an ongoing South Africa-led genocide case at the International Court of Justice (ICJ).

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News Network
November 11,2024

udupistatue.jpg

Udupi, Nov 11: The Karkala town police in Udupi have arrested Krishna Naik, the sculptor responsible for installing a 33-foot Parashurama statue at Umikkal Hill in Bailur, Karkala taluk. 

Naik, the owner of Krish Art World and a resident of Bengaluru's Visvesvaraya Layout, was apprehended in Mahe, part of the Union Territory of Puducherry, for allegedly substituting a look-alike statue in place of a genuine bronze figure at the Parashurama Theme Park in Karkala.

Udupi Superintendent of Police Dr. Arun K confirmed the arrest, stating that Naik faces charges under Sections 420 (cheating) and 409 (criminal breach of trust) of the Indian Penal Code. 

This legal action followed a complaint lodged in June by Krishna Shetty, a resident of Nallur village, Karkala. Shetty claimed that Naik had received a payment of ₹1,25,50,000 from Udupi Nirmithi Kendra for the installation of a bronze Parashurama statue. However, Naik allegedly deceived the government by installing a replica instead.

The statue was unveiled on January 27, 2023, by then Chief Minister Basavaraj Bommai. Current Chief Minister Siddaramaiah has since ordered a CID investigation to probe deeper into the alleged fraud surrounding the statue's installation at the theme park.

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News Network
November 18,2024

Advisors to US President-elect Donald Trump have instructed his allies and associates to refrain from using the inflammatory language they previously employed when discussing issues related to migrants and the deportation of asylum seekers, in a bid to avoid “looking like Nazis.”

US media reports said that Trump’s associates had been asked to stop using the word “camps” to describe potential facilities that would be used to accommodate migrants rounded up in deportation operations across the country.

The reports said the US president-elect’s allies had been ordered to stave off such charged terms as they would bring to mind “Nazis,” and be used against Trump.

“I have received some guidance to avoid terms, like ‘camps,’ that can be twisted and used against the president, yes,” one Trump ally told American monthly magazine Rolling Stone.

“Apparently, some people think it makes us look like Nazis.”

The presidential advisers also cautioned surrogates and allies to keep racist terms, which have dogged Trump’s campaign, out of their remarks.

They said with Trump’s heated rhetoric that used to compare undocumented immigrants to “animals” and his slight that they are “poisoning the blood of our country,” detractors did not need to reach too far to find parallels to Nazi Germany.

Stephen Miller, who Trump tapped to be his deputy chief of staff of policy, specifically used the word “camps” to describe holding facilities that he hoped the military could put together for immigrants.

Tom Homan, who served as the acting director of Immigration and Customs Enforcement and is chosen by Trump to be in charge of the US borders, was no stranger to such language.

“It’s not gonna be a mass sweep of neighborhoods,” he said in an interview earlier this week. “It’s not gonna be building concentration camps. I’ve read it all. It’s ridiculous.”

Becoming a little more forthright about the new government’s aggressive deportation plans, Homan likened the early days of the Trump administration to the initial invasion of Iraq in 2003.

“I got three words for them – shock and awe,” he said. “You’re going to see us take this country back.”

Trump made immigration a central element of his 2024 presidential campaign but unlike his first run, which was mainly focused on building a border wall, he has shifted his attention to interior enforcement and the removal of undocumented immigrants already in the United States.

People close to the US president and his aides are laying the groundwork for expanding detention facilities to fulfill his mass deportation campaign promise.

The businessman-turned-politician deported more than 1.5 million people during his first term.

The figure do not include the millions of people turned away at the border under a Covid-era policy enacted by Trump and used during most of Biden’s term.

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