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News in English

Without doubt CJI is master of roster: SC

July 06, 2018 05:02 PM

New Delh, 5 July ( Panjabi Tmes News) There was no doubt that the Chief Justice of India was the 'Master of Roster, the Supreme Court said on Friday. In separate but concurring judgments, a Bench Justice AK Sikri and Justice Ashok Bhushan reiterated the legal position on the controversial issue that has often hit headlines in recent months.The top court dismissed former law minister Shanti Bhushans petition seeking guidelines to regulate CJI’s administrative powers, including those of allocating work to fellow judges and benches. This is the third Supreme Court verdict in recent times on the controversial issue of roster. It had delivered two separate verdicts in November 2017 and April 2018 upholding the CJI's authority as Master of Roster to allocate cases and constitute Benches. Both judgments were pronounced by Benches headed by CJI Dipak Misra. 

 

The roster issue has been in the news since January 12 when four of the top court’s then most senior judges—Justices J Chelameswar, Ranjan Gogoi, MB Lokur and Kurian Joseph—addressed the media to highlight their grievances over the manner of allocation of cases by the CJI Dipak Misra.Several senior advocates who argued against the CJI's power to allocate cases to judges/benches wanted the Collegium to be involved in the process.

 
"As far as the role of CJI as master of the roster is concerned, there is no dispute that he is the master of roster and has authority to allocate cases to different benches of the Supreme Court," Justice Sikri wrote.The CJI has the prerogative to allocate cases and nominate benches to hear them, agreed Justice Bhushan.Shanti Bhushan had contended that ‘Master of roster’ could not be "unguided and unbridled" discretionary power, exercised arbitrarily by the CJI by handpicking benches of select judges or by assigning cases to particular judges. He had questioned the "absolute discretion" given to the CJI in deciding the roster.

 

Rejecting his contention, the Bench made it clear that the CJI did not have to consult the Supreme Court Collegium while allocating work to judges and various benches.Justice Sikri said although the Constitution was silent on CJI's role as 'Master of Roster', his power was based on a healthy practice and convention aimed at maintaining discipline and decorum. Justice Sikri listed certain “eternal qualities” of a judge. “These are wisdom, patience, a sense of practical reality, fairness and balance, independence of mind and knowledge of law, moral courage or fortitude, and a total commitment that justice should be administered according to law,” he noted.

 

As the top court's spokesperson, it is his duty to usher in and administer reform as a continuous process.The Bench described the CJI as “first among equals”.“At the end of the day, it is the virtue of righteousness, impartiality, objectivity and scholarship which a Judge commands to ensure respectability to his judgment,” wrote Justice Sikri.The Bench said the CJI allocated cases considering a judge's capacity and expertise and his wisdom in this regard could not be questioned.

 

“We live in an age of accountability. What is required of Judges is changing. Judgments of the Courts are widely discussed, debated and even criticised. In this age of technology, open society and liberal democracy coupled with varied nature of cases raising complex issues which are decided by the Courts, including ‘hard cases’ any outcome whereof may be susceptible to criticism, as both views may appear to be equally strong.

 

“In that sense, judiciary walks the tightrope of independence. It has also become a regular feature that even laymen, who are constitutionally illiterate, enter such debate and evaluate the outcomes influenced by their emotions, rather than on legal or constitutional principles,” the court said.

 

On behalf of Bhushan, senior advocate Dushyant Dave contended that in the 1998 ‘Three Judges Case’ the top court itself interpreted the term 'Chief Justice of India' to collectively mean the CJI and his four senior most judges.

 

But the court rejected it saying, “It is difficult to accept the prayer of the petitioner that the expression ‘Chief Justice’ appearing in the Supreme Court Rules, 2013 be read as ‘Collegium’ of five senior most Judges for the purpose of allocating the matters.” During the hearing, Attorney General KK Venugopal had defended CJI's power to allocate cases to judges/benches as Master of Roster. He had opposed shifting it to the collegium, saying it would be a recipe for chaos. “This is not an exercise that can be taken by multiplicity of persons," the Attorney General had said. There could be internecine disputes among judges and someone will have to take a final call, he had said.





ਇਸ ਖ਼ਬਰ ਤੇ ਤੁਹਾਡੀ ਟਿੱਪਣੀ
News in English ਵਿੱਚ ਹੋਰ
DGP HONOURED TWO PERSONS ON NABBING SNATCHER

CHANDIGARH , 19 September  ( Panjabi Tmes News)  DGP Sh. Sanjay Baniwal, IPS, Director General of Police, UT, Chandigarh awarded commendation certificate of first class along with cash components to the two persons namely Mr. Kapil Behal S/o Sh. S.L Behal R/o # 703/12, BDC Sec-26, Chandigarh and 2) Rajat Choudhary S/o Raj Choudhary S/o Raj Kumar Choudhary R/o # 750/1, EWS Flat BDC Sec-26 who showed their promptness and nabbed/ apprehended one snatcher who snatched away mobile phone from a lady near dividing road, Sector 7/8, Chandigarh on 18.09.2018.

CHANDIGARH POLICE ARRESTED TWO ON MURDERING DHANAS YOUTH

CHANDIGARH , 19 September  ( Panjabi Tmes News) Chandigarh Police achieved a major success with the arrest of murder’s accused Gulshan S/o Sh. Hari Singh R/o # 1222-B, EWS Colony Dhanas Chandigarh age 26 years and Jiyander @ Ajay S/o Sh. Gopal R/o # 1557-B, EWS Colony Dhanas Chandigarh age 22 years by the team led by Insp./SHO Lakhvir Singh comprising SI Rohitash Kumar IC PP-24, SI Sukhchain Singh under the close supervision of Sh. KrWQishan Kumar, CPS, SDPO Central Division.

DR BALI CONDUCTS FIRST NON-SURGICAL VALVE REPLACEMENT IN REGION

Chandigarh, 19 September  ( Panjabi Tmes News)  In another first to his credit, Dr HK Bali, Director Cardiology, Fortis Hospital, Mohali, has become the first surgeon in north India to conduct a non-surgical valve replacement. A team of doctors led by Dr. Bali performed this exclusive Transcatheter Aortic Valve Replacement [TAVR] surgery which till date hasn’t been carried out even at the PGIMER, Chandigarh, itself.  Dr. Bali also did the stenting of a narrowed vessel of the heart. The procedure lasted 2.5 hours and was completely successful. Patient has made complete recovery and has become mobile from the second day after the procedure.

CENTERS FOR INNOVATION, INVENTION & INCUBATION DEDICATED TO GURU NANAK DEV JI & GURU GOBIND SINGH JI TO BE SET UP AT SULTANPUR LODHI & CHAMKAUR SAHIB: CHANNI

Chandigarh , 19 September  ( Panjabi Tmes News)  The Technical Education & Industrial Training and Employment Generation Minister, Punjab, Mr. Charanjit Singh Channi disclosed today that Tata Technologies in collaboration with IKPTU to setup 5 Centers for Innovation, Invention & Incubation (CIIITs) in the state to promote technical education and Skill development. He said that CIIITs dedicated to Sri Guru Nanak Dev ji would be set up at Sultanpur Lodhi & IKG PTU Main Campus, Kapurthala and those dedicated to Sri Guru Gobind Singh Ji would be set up at Chamkaur Sahib and IKGPTU Campus Ladowali, Jalandhar.

WILL FILE DEFAMATION CASE AGAINST SAD PRESIDENT FOR LEVELING FALSE ALLEGATIONS AGAINST MAND : JASKARAN SINGH

FEROZEPUR, 19 September  ( Panjabi Tmes News) Responding to the SAD President Sukhbir Badal’s allegation which he leveled on SAD (A) leader Dhian Singh Mand for making land purchase of Rs. 30 Lakh during the SAD rally held yesterday at Faridkot, SAD (A) leaders hold a press conference and said that the SAD (A) would file a defamation case against the SAD Chief.

PUNJAB VIGILANCE BUREAU CONDUCTS WORKSHOP TO DISCUSS THE AMENDMENTS MADE TO PREVENTION OF CORRUPTION ACT

Chandigarh, 19 September  ( Panjabi Tmes News) Punjab Vigilance Bureau organised a workshop to ensure meticulous compliance of the amendments made by the Prevention of Corruption (Amendment) Act, 2018. All the field officers of Vigilance Bureau attended the workshop. Vigilance Bureau officers discussed the amendments incorporated in the PC Act, 1988 as vide PC (Amendment) Act, 2018. Disclosing this here today,

WHY AT ALL SUBSIDY BE GIVEN ON AGRICULTURAL PUMP SETS?” ASKS CHIEF JUSTICE.

Chandigarh, 19 September  ( Panjabi Tmes News)  Punjab and Haryana Highcourt Chief Justice on Tuesday raised a question, “Why at all subsidy be given on agricultural pump sets?”  In PIL filed by advocate Hari Chand, seeking exclusions of rich and affluent farmers from the scheme for total subsidy for

HISAR COURT SENTENCED JUVENILE TO 20 YEARS RIGOROUSIMPRISONMENT FOR RAPING AND KILLING SIX YEAR OLD GIRL

Hisar , 19 September  ( Panjabi Tmes News) The Court of Additional Session Judge-cum-Special Judge, Children’s Court, Hisar has sentenced a juvenile to 20 years rigorous imprisonment for raping and killing a six year old girl of Uklana in Hisar district. The court has also imposed a fine of Rs 80,000 on him.While stating this here today, a spokesman of Police Department said that Police had ensured speedy trial of the case after submitting challan in

CAPT AMARINDER REVIEWS PATIALA DEVELOPMENT WORKS, ANNOUNCES HOST OF PROJECTS, SHIFTING OF DAIRIES SHORTLY

Chandigarh , 13 September  ( Panjabi Tmes News) Punjab Chief Minister Captain Amarinder Singh on Thursday reviewed the development works in Patiala City and announced a slew of projects to provide state-of-the-art infrastructure and civic amenities.

STF TO BE INDEPENDENT AS STATE INTELLIGENCE WING, PUNJAB MERGES STATE NARCOTICS CONTROL BUREAU WITH STF

Chandigarh , 13 September  ( Panjabi Tmes News) With the view to augment and strengthen Special task Force (STF) and to increase its resources for enforcement of anti drug abuse measures, Punjab Government has decided that STF will work as independent and autonomous vertical of department of Police on the lines of state Intelligence Wing.Disclosing this, an official spokesperson said the State Home Department on the directions of Punjab Chief Minister

GURSHARAN SINGH RANGMANCH UTSAV COURTESY PUNJAB SANGEET NATAK AKADEMI FROM 14TH SEPTEMBER AT MOGA

Chandigarh, 13 September  ( Panjabi Tmes News) The Punjab Sangeet Natak Akademi under the aegis of Punjab Kala Parishad would organize 3 day Gursharan Singh Rangmanch Utsav from 14th to 16th September, 2018 at Comrade Satish Loomba auditorium at Moga.Disclosing this, the President of the Akademi, Mr. Kewal Dhaliwal said that the akademi organizes ‘Naat Utsavs’ at regular intervals under the guidance of the Chairman of the Punjab Kala Parishad Dr. Surjit Patar. The present rangmanch utsav is part of this series and is dedicated to the birth anniversary of Gursharan Singh ‘Bhaaji’. As per the programme, various plays would be staged which would begin at 6 PM daily. The inauguration would be done by eminent Punjabi litterateur Mr. Baldev Singh Moga while the inaugural function would be presided over by prominent Punjabi satirist Mr. K.L. Garg.

NOW 855 CANDIDATES FOR ZILA PARISHAD AND 6,028 FOR PANCHAYAT SAMITIES IN THE FRAY

Chandigarh , 13 September  ( Panjabi Tmes News) Elections symbols have been allotted to 855 candidates for 22 Zila Parishads and 6028 candidates for 150 Panchayat Samitis in Punjab. On the last day of withdrawal of nomination papers, 3734 candidates has withdrawn their papers, out of which 446 candidates of Zila Parishads and 3288 candidates are from Panchayat Samitis.

ENGINEERS’ DAY: 215 UNITS OF BLOOD DONATED

Chandigarh , 13 September  ( Panjabi Tmes News) As many as 215 units of Blood we Donated in the 22nd Blood Donation Camp organized by CPWD Junior Engineers’ Association (India), Chandigarh Branch in association with Blood Bank of PGIMER, Chandigarh today at Kendriya Sadan Sector-9A, Chandigarh on the occasion of Engineers’ Day.

GURU NANAK'S 550TH BIRTHDAY: ECOSIKH RELEASES HANDBOOK ON TREES, UNVEILS GURBANI BASED GARDEN IN PUNJA

Chandigarh , 13 September  ( Panjabi Tmes News) EcoSikh , an NGO committed to environment protection, launched a world-wide campaign '550 Rukh Guru de Naam'. Under this initiative people will be invited to celebrate Guru Nanak's 550th birth anniversary in 2019 by planting 550 trees each at their respective locations in every country of the world and especially in Punjab. The organization is targeting to reach 1 million trees by the end of next year.

HIGHCOURT ASKS HARYANA GOVT. TO ENSURE VACATION OF THREE POLICE STATIONS TO DECLARE PROTECT MONUMENTS

Chandigarh, 13 September  ( Panjabi Tmes News) Panjab and Haryana Highcourt asks the Haryana Government to ensure vacation of 3 Local Police stations operating from ancient monuments in Safidon, Ballabhgarh and Raina ( near Sirsa) so that the aforesaid buildings may be considered for declaring as Protected Monuments:

DELHI POLICE MAJOR THROUGH AGAINST NARCOTICS DRUGS, 1.68 LACS INJENCTIONS OF BUPRENOROPHINE SEIZED

New Delhi , 13 September  ( Panjabi Tmes News)  In a major breakthrough andfollow up action against narcotic drugs syndicate illegally supplying fakenarcotic medicine ‘Tramadol’, the IGIS, Crime Branch has arrested theProprietor of a medicine distributor firm of Aligarh namely Vineet Garg @Banti r/o Aligarh, UP and recovered an illegal consignment of 1.68 lakh Buprenorphine injections, which wasbeing sent to different destinations through differentcourier companies. 

CBI ARRESTED SM OF NORTHERN COALFIELDS IN BRIBERY, RECOVERES CASH AND INVESTMENTS DOCUMENTS OF 1.92 CRORES

New Delhi/Bhopal  , 13 September  ( Panjabi Tmes News) The Central Bureau of Investigation has caught a Senior Manager (Civil), Northern Coalfiels Ltd., District- Singrauli (Madhya Pradesh) red-handed for demanding and accepting a bribe of Rs. 10,000/- from the complainant. He was later arrested.
 

CAPT AMARINDER AND BADNORE PAYS TRIBUTES TO SARAGARHI BATTLE HEROES, URGES YOUTH TO JOIN ARMY IN LARGE NUMBERS

Chandigarh, 13 September  ( Panjabi Tmes News) Punjab Chief Minister Captain Amarinder Singh on Tuesday paid tributes to the heroes of the historic Saragarhi Battle with a call to the youth to imbibe the values of courage and valour in their lives.

HC orders Rs 90-lakh relief in Faridkot kidnapping case

Chandigarh , 11 September  ( Panjabi Tmes News) More than six years after a minor was allegedly abducted from her Faridkot house at gunpoint, the Punjab and Haryana High Court has ordered a compensation of Rs 90-lakh to the victim-girl and her parents.A Division Bench of the High Court asserted: "We are aghast to see how a middle-class family of the complainant with two daughters was torn into due to rich rural and urban landholder Nishan Singh's and his mother's rowdy and cruel conduct."

SC orders demolition of illegal constructions in Aravalli hills

New Delhi, 11 September  ( Panjabi Tmes News) The Supreme Court on Tuesday ordered the Haryana government to demolish illegal construction made in Kant Enclave, Faridabad, in the Aravalli Hills after August 18, 1992, in violation of environmental norms and its own orders and directed it to compensate those adversely affected in the process.A Bench of Justice Madan B Lokur and Justice Deepak Gupta said Kant Enclave was a forest area which needed to be treated as forest land where no construction activity could have been permitted with effect from August

 
 

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