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10 days left in office for CJI Ramana, five important cases await decision

With simply 10 days left in workplace, Chief Justice NV Ramana’s choice is awaited on 5 key issues — Maharashtra political state of affairs, report by Pegasus panel, PMs safety lapse in Punjab, try by Maharashtra Wakf Board to switch Attorney General KK Venugopal because the counsel within the case, establishing of a bench to listen to petitions in opposition to the Karnataka Excessive Court docket judgment banning carrying of hijab in pre-university faculties within the state — and others, which embrace petitions difficult the Citizenship (Modification) Act, and itemizing of petitions difficult the abrogation of Article 370, which supplied a particular standing to the erstwhile state of Jammu and Kashmir.
NEW DELHI: With simply 10 days left in workplace, Chief Justice NV Ramana’s choice is awaited on 5 key issues — Maharashtra political state of affairs, report by Pegasus panel, PMs safety lapse in Punjab, try by Maharashtra Wakf Board to switch Attorney General KK Venugopal because the counsel within the case, establishing of a bench to listen to petitions in opposition to the Karnataka Excessive Court docket judgment banning carrying of hijab in pre-university faculties within the state — and others, which embrace petitions difficult the Citizenship (Modification) Act, and itemizing of petitions difficult the abrogation of Article 370, which supplied a particular standing to the erstwhile state of Jammu and Kashmir.

Justice Ramana has been vocal about non-filling up of judicial vacancies and never enhancing the judicial infrastructure as the primary motive for pendency of instances within the nation. He has additionally emphasised entry to justice for the individuals from the weaker sections of the society.

Ramana has minced no phrases in criticizing the federal government whereas talking at public fora and likewise tried to determine issues of constitutional salience — on May 11, a bench headed by him placed on maintain the colonial-era penal provision of sedition, saying the court docket is cognizant of the integrity of the state on one hand, and the civil liberties of residents on the opposite.

The Chief Justice is scheduled to retire on August 26.

Final week, the Chief Justice shot a volley of questions at senior advocate Harish Salve, representing Maharashtra Chief Minister Eknath Shinde, whereas listening to petitions filed by the Shiv Sena and its insurgent MLAs on constitutional problems with cut up, merger, defection, and disqualification.

On August 4, a three-judge bench headed by him had mentioned that the court docket would determine on August 8 whether or not to refer some points concerned within the Maharashtra political disaster to a five-judge structure bench.

The apex court docket had additionally requested the Election Fee of India to not determine the appliance filed by the Shinde camp for recognizing them as the true Shiv Sena’ and allotment of the social gathering image. The matter is prone to come up for listening to quickly.

Reportedly, the court-constituted Pegasus panel has submitted its report within the alleged misuse of the Pegasus adware to spy on journalists, politicians and activists. The committee is headed by former Supreme Court docket decide RV Raveendran. The contents of the report stay confidential. The highest court docket choice on the panel’s report is awaited.

On August 3, the Supreme Court docket had agreed to arrange a bench to contemplate a clutch of pleas in opposition to the Karnataka Excessive Court docket judgment, which upheld the appropriate of academic establishments to ban carrying of hijab in pre-university faculties within the state. Whereas mentioning the matter for itemizing, a counsel urged the highest court docket to repair a date within the matter, as petitions in opposition to the excessive court docket judgment had been filed in March.

In January this yr, the highest court docket had mentioned that an enquiry committee, headed by retired Supreme Court docket decide Justice Indu Malhotra, will examine Prime Minister Narendra Modi’s safety breach in Punjab.

A bench headed by Justice Ramana, outlining the phrases of reference for the enquiry committee, mentioned, “What were the causes for the security breach for the incident on 5th January 2022? Who is responsible for such a breach, and to what extent? should be the remedial measures or safeguards necessary for the security of the Prime Minister or other protectees?”

The highest court docket order got here on a petition by the NGO, Lawyer’s Voice, which was represented by senior advocate Maninder Singh. The petitioner had emphasised on the significance of safety to the PM of the nation and urged the court docket to represent an unbiased committee to probe the matter. The matter has not come up for listening to thus far, since then.

On August 2, a bench headed by Ramana expressed discontent with the Maharashtra Wakf Board for trying to switch Attorney General (AG) KK Venugopal as a counsel within the case, in the midst of listening to on an vital query – whether or not all land donated by Muslims for charitable work would come beneath Wakf.

The AG had additionally written to the Supreme Court docket to take sturdy exception to the motion taken by the Wakf Board.

“All this interference with the counsel who are to represent the parties being removed at the last minute is a serious, uncalled for, and unwarranted attempt to interfere in the due administration of justice by removing counsel representing the parties. This clearly is an act of contempt of court,” the AG mentioned in his letter to the registrar (judicial). The highest court docket is prone to take up this matter quickly.

In April this yr, the Supreme Court docket mentioned a reconstituted five-judge structure bench would cope with the batch of petitions difficult the abrogation of Article 370, as one of many judges on the bench, Justice R. Subhash Reddy, had since retired.

A bench headed by Chief Justice. Ramana indicated that the reconstituted bench may hear the matter after the summer season trip. Nevertheless, the matter has not been listed thus far.

In December 2019, the highest court docket had issued discover on petitions difficult the validity of the Citizenship (Modification) Act. In December 2019, the highest court docket had declined to provide interim aid within the matter. The matter has been pending for 2 years now.

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