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Plea in SC seeks CJI to look into targeted killings in Kashmir

The plea urged the top court to give directions to the Centre to provide adequate security to Hindu and Sikh minorities in Kashmir at the earliest…reports Asian Lite News

 A Delhi-based lawyer has filed a letter petition in the Supreme Court urging the Chief Justice of India, N.V. Ramana, to take cognizance of the recent targeted killing of Hindus and Sikhs in Kashmir.

The lawyer, Vineet Jindal, said that he had recently come across news from different news publications, social media and electronic media regarding targeted killing of Hindu and Sikh minorities in Kashmir.

He said in five days, seven civilians have been killed in Kashmir, including those from the Sikh and Hindu communities.

“The targeted killings of pharmacist Makhan Lal Bindroo, Supinder Kaur, the Sikh principal of Government Boys Higher Secondary School in Sangam Eidgah area of Srinagar, and Deepak Chand, a Hindu teacher in the same school, have evoked a feeling of agony, fear and insecurity among the minorities residing in Kashmir,” said the petition.

The plea said the targeted killing of the members of minority communities has reminded people of the gory incident of massacre of 36 Sikhs in Chattisinghpora village in Anantnag in 2000.

“Many government employees who returned to the Valley after being given jobs under the Prime Minister’s special employment scheme for Kashmiri migrants have quietly left their accommodations with the fear of losing their lives and for the sake of their families’ well-being,” added the plea.

The plea urged the top court to give directions to the Centre to provide adequate security to Hindu and Sikh minorities in Kashmir at the earliest.

Also, it urged the CJI to establish a special delegated unit to structure and administer a system to ensure the safety and security of the minority groups in Kashmir.

The plea urged the top court to issue direction to the National Security Agency to investigate the recent killing of Hindu and Sikh minorities, and also grant Rs 1 crore as compensation to the families of the victims along with a government job to one of the family members.

Citing Article 21, which says no person shall be deprived of his life or personal liberty except according to a procedure established by law, the plea said the acts of killing against these minority groups call for creating and adopting a comprehensive mechanism to secure the lives of these sections of people.

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CJI Ramana ready to go the extra mile for common people

Whether it is a courtroom or a podium at a function, Ramana speaks profusely that the vulnerable and downtrodden should not be denied access to justice, a report by Sumit Saxena

A week-ago, he told women lawyers that “with your anger, you shout, you demand, and press for 50 per cent representation in judiciary”.

He led from the front to break the 21-month-long deadlock and recommended nine judges for appointment to the Supreme Court. He wholeheartedly speaks about his commitment to fill up hundreds of vacancies in high courts.

In June, he had said that the mere right to change the ruler, once every few years, by itself need not be a guarantee against tyranny and public discourse, it is an inherent aspect of human dignity and essential to a properly functioning democracy.

Meet the Chief Justice of India, N.V. Ramana, who has a 360-degree view on systemic issues, which plague access to justice for the common people. And it seems he is willing to go the extra mile to make people feel that law and its institutions are for everyone.

Whether it is a courtroom or a podium at a function, Ramana speaks profusely that the vulnerable and downtrodden should not be denied access to justice.


At a function on Saturday, he said that socio-economic justice would be impossible to achieve without providing equal access to justice and in a democratic country, it is the faith and trust of the people that sustains the institutions.

On the administrative side, he led from the front to end the nearly two-year-long impasse in the Supreme Court collegium with regard to appointment of judges to the top court.

Ramana took over the top legal post in the country from S.A. Bobde, who retired without sending even a single recommendation for appointment to the apex court. In his short stint so far, Ramana has sent nine names to the Centre, which have been approved in few weeks’ time.

It was reported that Justice R.F. Nariman had insisted on including the name of Justice Akil Kureshi, Chief Justice of the Rajasthan High Court, in the list of judges recommended for elevation to the top court.

However, when he was overlooked by the Supreme Court collegium, which is headed by Ramana, no formal protest was lodged by any Bar body.

Justice Kureshi, during his stint as a judge in the Gujarat High Court, had remanded current Home Minister Amit Shah to CBI custody in 2010 in a fake encounter case. The names of the nine judges were sent to the Centre after the retirement of Nariman on August 12.

Ramana has also vehemently spoken about the need for 50 per cent representation for women in the judiciary.



Addressing women advocates of the Supreme Court, who had organised a felicitation function for him and the newly appointed judges to the top court, the CJI had said: “With your anger, you shout, you demand, we need 50 per cent representation. It is not a small issue; it is an issue of thousands of years of suppression. You are entitled, it is a matter of right. Nobody is going to give a charity.”

Ramana has also shown his willingness to accept a long-pending demand of the Supreme Court Bar Association in connection with the nomination of apex court lawyers for appointment as high court judges. He allowed the SCBA to form a search committee to identify the deserving and meritorious candidates.

On the judicial side, a bench headed by the CJI had said that it intends to set up a technical committee to probe the allegations of snooping on citizens, particularly journalists, activists, opposition leaders etc., using the Pegasus spyware.

The top court had expressed its dissatisfaction with the government’s refusal to file a detailed affidavit in the controversial matter. The case is likely to put the Centre in the dock, as the apex court has sought a detailed reply from the government on the issue.

In another matter regarding vacancies in tribunals, a bench headed by the CJI had threatened suo moto stay on the Tribunals Reforms Act, 2021, as it asked the Centre to reinstate the acting NCLAT chief, Justice Ashok Iqbal Singh Cheema, who was asked to retire 10 days before due date.

In July, a bench headed by the CJI had questioned the Centre on the utility of having a sedition law even after 75 years of gaining Independence from the British, and had also frowned on the misuse of law by the police against the people.

Ramana had said: “It is a colonial law that was used by the British to silence Mahatma Gandhi, Tilak. Still, it is necessary after 75 years of Independence!”

In a matter connected to fast-tracking of trial in criminal cases against former and sitting MPs and MLAs, a bench headed by the CJI had ordered that no case can be withdrawn without the high court’s approval. Through this order, the top court put a judicial oversight over the state’s decisions to withdraw cases against politicians.

Speaking at the 75th Independence Day celebrations organised by the Supreme Court Bar Association, Ramana, citing the nature of contemporary debates in the Parliament, had said: “Now it is a sorry state of affairs. We see the legislations. Lots of gaps; a lot of ambiguity in making laws. There is no clarity in the laws. We do not know what for purpose laws are made, which is creating a lot of litigation, inconvenience and loss to the government, as well as inconvenience to the public.”

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SCBA President writes to CJI on various issues of the Bar

In the letter, he brought out important issues to the notice of the CJI. He also added that the list of top court lawyers, which were identified by its Search Committee, has been handed over in a sealed cover for necessary course of action…reports Asian Lite News.

The Supreme Court Bar Association (SCBA) has written to Chief Justice of India N.V. Ramana seeking an audience for its Executive Committee members to discuss issues such as elevation of top court lawyers as high court judges, allotment of chambers, and lawyers being designated as seniors.

Senior advocate and SCBA President Vikas Singh, in a letter to the CJI, said: “We are extremely hopeful that the concerns of the bar will be addressed in your tenure as Chief Justice of India. It is therefore requested that an audience be given to the Executive Committee of SCBA to discuss the above issues at the earliest.”

In the letter, he brought out important issues to the notice of the CJI. He also added that the list of top court lawyers, which were identified by its Search Committee, has been handed over in a sealed cover for necessary course of action.

“We hope and trust that the names suggested by the Search Committee shall be considered by the respective High Court Collegiums along with the lawyers from the High Court Bar in order to choose the most deserving candidate,” the letter said.

The letter cited issue of designation of lawyers, practicing in the top court, as seniors and said the ‘Committee for Designation of Senior Advocate’ is “obliged to meet at least twice in a calendar year. However, there has been no such meeting in the last two years”.

“A Full Court meeting is required to clear the pending names.”

Singh requested the CJI to examine the issues pertaining to allotment of chambers for lawyers in the new building complex. He added that chambers are ready since 2018-19, however, they are un-allotted till date.

On the issue of resumption of physical hearing, the letter said: “Entry to the high-security area should be permitted by the use of a proximity card and the waiting areas would be the libraries and the lounges where lawyers will wait on their own after observing Covid protocol.”

Collegium recommends re-transfer of Justice Bagchi

The Supreme Court collegium, headed by Chief Justice of India N.V. Ramana, has recommended Justice Joymalya Bagchi be transferred back to the Calcutta High Court from the Andhra Pradesh High Court, where he is currently serving.

The decision was taken at a meeting of the collegium held on September 16.

A statement published, on Wednesday, on the top court’s website said: “The Supreme Court Collegium in its meeting held on 16th September, 2021 has recommended re-transfer of Mr Justice Joymalya Bagchi, Judge, Andhra Pradesh High Court to the Calcutta High Court.”

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CJI calls on youth to follow Swami Vivekananda’s ideals

The Chief Justice recalled the sacrifices of the youth during the freedom movement. He opined that youth have the ability to oppose injustice…reports Asian Lite News.

Chief Justice of India N.V. Ramana called for instilling the ideals of Swami Vivekananda in the country’s youth. Participating in the 22nd Foundation Day Celebration of Vivekananda Institute of Human Excellence, on Sunday, the Chief Justice said Swami Vivekananda advocated the concept of secularism in India.

“He firmly believed that the true essence of religion was the common good, and tolerance. Religion should be above superstitions and rigidities. To fulfill the dream of making India resurgent through the principles of common good and tolerance, we should instill the ideals of Swami Ji in today’s youth,” the Chief Justice stated in his virtual address from Delhi.

The Chief Justice recalled the sacrifices of the youth during the freedom movement. He opined that youth have the ability to oppose injustice.

“The democratic rights that we take today for granted are a result of the struggles of thousands of young people who took to the streets fighting authoritarian figures either during the Freedom Struggle or the dark days of Emergency. Many lost their lives, sacrificed lucrative careers, all for the greater good of the nation and society. Trust the youth to check the deviations in a society’s journey towards peace and progress.”

Noting that independence and economic success are independent, the Chief Justice said the youth must not forget their duty to family, community, and the nation.

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Women still facing challenges in legal field: CJI Ramana

The report includes requirements for court buildings, lawyers’ chambers, facilities required for the bar, women lawyers etc…reports Asian Lite News.

The Chief Justice of India, N.V. Ramana, said on Saturday that the legal profession is yet to welcome women into its fold, and emphasised that very few women find representation at the top and even if they do, they still continue to face an uphill task.

The CJI was speaking at a felicitation function organised here by the Bar Council of India. It was attended by Law Minister Kiran Rijiju and several top court judges, days after the appointment of three women judges, including a future woman Chief Justice, and six other judges at one go in the top court.

“After 75 years of Independence, one would expect at least 50 per cent representation of women at all levels, but I must admit, with great difficulty, that we have now achieved a mere 11 per cent representation of women on the bench of the Supreme Court,” Ramana said.

The CJI also said that majority of the women advocates struggle within the profession.

“Very few women find representation at the top. Even when they do, they continue to face significant challenges… the reality remains that the legal profession still has to welcome women into its fold,” he said.

He also highlighted the lack of women’s toilets at various court complexes.

“I had seen during my high court days that women did not have toilets. And it is very difficult for women lawyers to come to the court and wait for long hours in the corridors,” Ramana said.

On judicial infrastructure, the CJI said that he has made a voluminous report collecting information from each nook and corner of the country, which he will present to the Law Minister.

The report includes requirements for court buildings, lawyers’ chambers, facilities required for the bar, women lawyers etc.

“A comprehensive proposal for the creation of a National Judicial Infrastructure Corporation is under preparation. We have collected the status report from across the country. A proposal in this regard will reach the Law Minister very soon. I expect full cooperation from the government,” he said.

During the function, Ramana was referred to as Sachin Tendulkar for giving momentum to the appointment process to fill up the vacancies in the top court and the high courts.

Ramana on his part thanked his SC collegium members — Justices U.U. Lalit, A.M. Khanwilkar, D.Y. Chandrachud and L. Nageswara Rao — for being active and constructive partners in recommending the names of judges for the top court.

“It has been my endeavour to address the issue of vacancies in the higher judiciary on an urgent basis. A while ago, I was referred to as Sachin Tendulkar. I must correct the perception here. Like any game, it is a team effort. Unless all the members of the team perform well, it is difficult to win,” the CJI said.

He pointed out that after taking over as CJI, the collegium had recommended 82 names for various high courts.

“I hope the government will ensure that the names are cleared at the earliest just the way the nine names were cleared for the apex court. It is an ongoing process. We hope to live up to the Herculean challenge of filling nearly 41 per cent vacancies existing in all the high courts,” he added.

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CJI slams lack of quality debate in Parliament

Justice Ramana was speaking at the 75th Independence Day celebrations conducted by the Supreme Court Bar Association at the top court…reports Asian Lite News.

Chief Justice N.V. Ramana pointed at the sharp difference in the quality of the debate which took place in the various Houses (Parliament or other state Assemblies) post-Independence and contemporary debates, which result in legislation having gaps, ambiguity in making laws, and absence of clarity in the laws.

He added lack of wise and constructive debates in the Houses burdens the courts with a lot of litigation and it is also difficult to fathom the intent behind the law.

Justice Ramana was speaking at the 75th Independence Day celebrations conducted by the Supreme Court Bar Association at the top court.

Citing the nature of contemporary Parliament debates, the Chief Justice said: “Now, it is a sorry state of affairs. We see the legislations. Lots of gaps; lots of ambiguity in making laws. There is no clarity in laws. We do not know what is the intent of the legislature, what purpose laws are made, which is creating a lot of litigation, inconvenience and loss to the government as well as inconvenience to the public.”

He added that this is what happens when intellectuals and professionals like lawyers are not in the Houses; and lawyers should actively participate in public life.

Parliament saw several adjournments in the recently concluded Monsoon session, with the Opposition cornering the government over the Pegasus spyware issue, farm laws and fuel hike.

The Chief Justice emphasized that “if you see debates, which used to take place in Houses post-Independence, were very, very wise and constructive and they used to debate any legislation, they were making.”

Citing a debate in connection with the Industrial Disputes Act, he said, “I have seen debates taking place and a CPI-M leader used to discuss elaborately — what are the consequences of making these amendments in the Act and how will it affect the working class? Same way different laws used to be discussed and deliberated. So, the burden on the courts while interpreting or implementing is less. So, we had a clear picture, what they thought; what they wanted to tell us; why they are making such a legislation,” he added.

The Chief Justice said the Independence struggle was mostly led by lawyers — Mahatma Gandhi, Jawaharlal Nehru, Sardar Patel, etc. — who not only sacrificed their profession, but also their properties, family and everything; and got Independence for the country.

“If you take into consideration the first members of the Lok Sabha, Rajya Sabha and state Assemblies. They were filled with lawyers. Unfortunately, over a period of time you know what is happening in the Houses, that is legislations, Parliament, Rajya Sabha, or any other Houses,” he added.

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CJI takes Telugu route to unite couple embroiled in legal battle

The two-decade old legal battle between the couple was marred with many failed mediations. The woman had moved the top court seeking enhancement of jail term for her husband…reports Asian Lite News.

The Supreme Court made a special effort on Wednesday to put an end to a two-decade-old legal battle between an Andhra Pradesh-based estranged couple, and succeeded as the woman agreed to withdraw the plea seeking enhancement of jail term for her husband in a dowry harassment case.

Chief Justice N.V. Ramana, who hails from Andhra Pradesh, conversed with the woman in Telugu, as she appeared not to be very confident in in English. He then explained the conversation to Justice Surya Kant who was also on the bench.

With an emphasis on resolving the matter, the bench sought the presence of the warring couple for an interaction while hearing the matter virtually. In it, the Chief Justice explained the woman that “if your husband goes to jail, you will lose the monthly compensation as he will lose his job”.

The two-decade old legal battle between the couple was marred with many failed mediations. The woman had moved the top court seeking enhancement of jail term for her husband.

Lawyer D. Ramakrishna Reddy, representing the husband, who is a government employee at Guntur district, said that the Chief Justice explained the legal situation to the woman in Telugu and told her enhancing the jail term was not going to help either of them.

The woman carefully heard him and agreed to live with her spouse, provided she and their only son are maintained properly. The bench asked both spouses to file separate affidavits in two weeks stating they want to live together.

The wife also agreed to withdraw her appeal against the high court verdict by filing an application to compound the dowry harassment case. She asked her husband to withdraw his plea seeking grant of divorce decree from a trial court. The offence of dowry harassment is a compoundable offence only in Andhra Pradesh.

The couple had got married in 1998. Later, their relationship soured, and the woman filed a criminal case in 2001, which went in her favour in the lower court. Her husband had appealed it.

The woman had filed an appeal challenging the Andhra Pradesh High Court order, which although upholding the conviction of her husband, reduced the jail term of one year, which was handed down by lower court, to the period of imprisonment undergone by him.

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Nobody too young to effectuate big change, says Justice Chandrachud

He said Ambedkar was from the Mahar caste, an untouchable Dalit caste, who significantly struggled in gaining access to even primary education…reports Asian Lite News.

Supreme Court judge Justice D.Y. Chandrachud said on Saturday that the example of Greta Thunberg, one of the strongest voices against climate change, shows that “nobody is too young to effectuate big change”.

Chandrachud was speaking virtually on the topic ‘Students as the Constitution’s Vanguards’ at a programme organised by the Shikshan Prasarak Mandali (SPM) on the occasion of the 101st birth anniversary of his father late Justice Y.V. Chandrachud, who was the longest-serving Chief Justice of India.

“In viewing our Constitution, as a primary spirit to counter majoritarianism, we can equip ourselves with a unique lens to view the world and balance competing interests,” Chandrachud said.

Speaking on climate change, Chandrachud emphasised that the world is in the midst of an accelerating climate change crisis and the Covid-19 pandemic has shown that ecological disruptions increase the existing inequalities.

Greta Thunberg

He added that to combat this crisis, a collective global action is required.

Chandrachud further said that Greta Thunberg, who is one of the strongest voices in the civil society against climate change, began her journey as a lone 15-year-old sitting outside the Swedish Parliament demanding government action against the imminent risks of global warming.

“Her example, in addition to that of many others, shows us how nobody is too young or insignificant to effectuate big change. My learning for life, at my age, is also that you are never too old to be the change,” said Chandrachud.

He insisted that majoritarian tendencies must be questioned against the background of “our constitutive promise”.

“Any semblance of authoritarianism, clampdown on civil liberties, sexism, casteism, otherisation on account of religion or region is upsetting a sacred promise that was made to our ancestors who accepted India as their Constitutional republic,” he added.

Chandrachud also cited Bhimrao Ambedkar and added that before mounting a ferocious battle against casteism, patriarchy and oppressive Hindu practices, his first struggle was gaining access to education.

He said Ambedkar was from the Mahar caste, an untouchable Dalit caste, who significantly struggled in gaining access to even primary education.

“His foremost memories of schooling are of humiliation and segregation where he had to attend his classes while sitting outside the classroom and ensuring that he does not touch the water or the notebooks that belonged to the upper caste students,” he added.

Chandrachud further said that just like Ambedkar, several revolutionaries in India and the world like Savitribai Phule, Jyotiba Phule, Nelson Mandela and even Malala Yousafzai heralded their emancipatory movements through a radical quest for education.

Chandrachud also said that irrespective of the electoral legitimacy of the government, the Constitution is the North Star against which conformity of every state action or inaction would have to be judged.

Citing the 71st year of the Constitutional republic of the country, he said that many may, on occasion, feel that the country’s democracy is no longer new and the need to study Constitutional history and engage with its framework isn’t as worthwhile.

“However, it is important to recognise that in times of peace or crisis, irrespective of the electoral legitimacy of the government, the Constitution is the North Star against which the conformity of every state action or inaction would have to be judged,” he said.

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Justice NV Ramana sworn in as Chief Justice of India

Justice Ramana took over as Chief Justice after the retirement of Justice S.A. Bobde on April 23, reports Asian Lite News

President Ram Nath Kovind on Saturday administered oath of office to 48th Chief Justice of India Justice N.V. Ramana in presence of Prime Minister Narendra Modi, Vice-President Venkaiah Naidu and other dignitaries at Rashtrapati Bhavan.

As the Chief Justice of India, Justice Ramana will have a term till August 26, 2022. Before his elevation to the Supreme Court on February 17, 2014, Justice Ramana was the chief justice of the Delhi High Court. Justice Ramana was appointed as judge of the Andhra Pradesh High Court in 2000. He has also been the acting Chief Justice of the Andhra Pradesh high Court.

On April 6, the President had signed on the appointment of Justice N.V. Ramana as the next Chief Justice of India. Justice Ramana took over as Chief Justice after the retirement of Justice S.A. Bobde on April 23.

Chief Justice
At a ceremony held today (April 24, 2021) at 1100 hrs in the Ashoka Hall, Rashtrapati Bhavan, Justice Nuthalapati Venkata Ramana, was sworn in as the Chief Justice of the Supreme Court of India. He made and subscribed to the oath of office before the President.

In October 2020, a huge controversy had erupted as the Andhra Pradesh chief minister had written to the then Chief Justice alleging state’s High Court was being used to “destabilize and topple his democratically elected government”. The letter alleged that Justice Ramana was trying to control the High Court and also trying to influence cases, which impact the state government. However, an in-house inquiry did not find any merit in these allegations.

Justice Ramana has presided over several high-profile cases in the top court. In March last year, Justice Ramana headed five-judge Constitution bench which declined to refer to a larger seven-judge bench a batch of petitions challenging the constitutional validity of the Centre’s decision to revoke provisions of Article 370, which gave special status to the erstwhile state of Jammu and Kashmir.

In Anuradha Bhasin v. Union of India, January last year, Justice Ramana expounded on the nature of fundamental rights and declared that the right to freedom of speech and expression over the internet is a fundamental right. This judgment ensured the eventual return of internet in the Kashmir Valley.

Ramana
At a ceremony held at 1100 hrs in the Ashoka Hall, Rashtrapati Bhavan, Justice Nuthalapati Venkata Ramana, was sworn in as the Chief Justice of the Supreme Court of India.

In Foundation for Media Professionals v. State (UT OF J&K) matter, where petitioners sought high-speed internet, Justice Ramana headed bench which balanced the fundamental rights and the concerns of the state security and appointed a special committee to ensure that restrictions, if required, are narrowly tailored and not permanent in nature.

Justice Ramana also headed a three-judge bench which dealt with the legal questions emerging from the resignation of 17 rebel MLAs of Congress and JDS of Karnataka. Justice Ramana headed bench, also ordered expediting trial in pending cases against former and sitting MPs and MLAs.

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N.V. Ramana appointed as next CJI

Justice Ramana will have a tenure as CJI with over 16 months at the helm before he retires on August 26, 2022…reports Asian Lite News.

Last month, present Chief Justice S.A. Bobde has recommended to the Centre to appoint Justice N.V. Ramana as the next Chief Justice of the Supreme Court. President Ram Nath Kovind on Monday signed off on the appointment of Justice N.V. Ramana as the next Chief Justice of India (CJI).

Justice Ramana will be the 48th CJI.

He was appointed to the Supreme Court on February 17, 2014.

Justice Ramana will take over as the CJI on April 24 after the retirement of incumbent S.A. Bobde on April 23.

According to a notification issued by the Ministry of Law and Justice, in exercise of the powers conferred by clause (2) of Article 124 of the Constitution, the President is pleased to appoint Justice Nuthalapati Venkata Ramana, Judge of the Supreme Court, to be Chief Justice of India with effect from April 24.

Justice Ramana will have a tenure as CJI with over 16 months at the helm before he retires on August 26, 2022.

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