The Supreme Court on Friday appointed one of its former judges, Justice A.K. Patnaik, to supervise the inquiry into the allegations against CBI Director Alok Verma while giving two weeks time to the CVC to complete the probe.

Making it clear that prolonging the inquiry was not in the nation’s best interest, a bench of Chief Justice Ranjan Gogoi, Justice Sanjay Krishan Kaul and Justice K.M. Joseph said the inquiry would be conducted on the allegation contained in the Cabinet Secretary’s note to the CVC.

As Attorney General K.K. Venugopal told the court that the inquiry should not be on the allegation against Verma but also on the allegations raised against CBI Special Director Rakesh Asthana, Chief Justice Gogoi said: “We are only concerned with Verma.”

The court also asked the officiating Director M. Nageswara Rao not to take any policy or major decision except for routine ones.

It directed all decisions taken by Rao “after taking over charge till this hour” (when the order was being dictated) to be submitted to the court in a sealed envelope by November 12.

IANS

The court said it may reverse or retain Rao’s decisions.

Sabarimala doors shut, SC order makes no difference to women’s right to pray
The doors to Sabarimala temple closed Monday night, six days after opening for the first time since the Supreme Court lifted the ban on entry of women of menstruating age.
The doors of the shrine will open on November 17 for the three-month-long Mandalam Makaravilakku celebrations.
The doors to Sabarimala temple closed Monday night, six days after opening for the first time since the Supreme Court lifted the ban on entry of women of menstruating age, but climbing the 18 “sacred steps” leading to the sanctum sanctorum proved a tall order for them. Valiant attempts by around a dozen women, including activists and journalists in the 10-50 years age group to script history came to nought as frenzied devotees of Lord Ayyappa, the eternally celibate deity, heckled and hassled them and forced them to retreat. Yet another woman in the “barred” age group made a futile attempt Monday to reach Sabarimala but was turned back by agitated protesters.

Bindu, a Dalit activist, who was proceeding to Pamba at the foothills of Sabarimala temple from where devotees undertake an arduous 5 km trek to the shrine, was given police protection at her request, officials said. However, when the Kerala State Road Transport Corporation bus she was travelling on with police personnel was about to reach Pamba, a group of BJP workers and those opposing the entry of girls and women aged between 10 and 50 years into the temple, blocked the road and forced her to alight. She was then escorted to safety in a police jeep, officials said.

‘Melsanti’ or the head priest and other priests stood on both sides of the idol of Lord Ayyappa and recited divine song “Harivarasanam” and began putting off the lamps in the sanctum sanctorum halfway down the rendition. As the last line was sung, the doors were closed and locked, shutting out, at least for the time being, spirited women of menstruating age from offering prayers to the deity. The iron gates to the shrine were opened on Wednesday and every day since then women of the “barred” age group made brave but futile attempts to enter the shrine. Six women were prevented from entering the temple Sunday alone.

Kerala women’s rights activist Rehana Fathima and Hyderabad journalist Kavitha Jakkal, wearing helmets and khaki, and surrounded by a police contingent, could manage to go up to Valiya Nadappandhal, the queue complex located a few metres away from the holy ‘pathinettam padi’, the 18 sacred steps, but not beyond. Several people, including journalists, were injured on Wednesday as police cracked down on protesters who were up in arms against Kerala’s Left Front government for its decision to enforce the Supreme Court order.

Hindu fringe groups called a strike the next day and both the Congress, the main opposition party in Kerala, and the BJP, which is desperately seeking to expand its footprint in the state, lent support to the agitation. Meanwhile, the Travancore Devaswom Board (TDB), which manages Sabarimala temple, is meeting on Tuesday to discuss how to make an intervention in the Supreme Court while protecting the “interest of devotees”.

“The TDB has the legal responsibility to protect the interest of devotees. We also have to look at the rituals and customs of the temple. The board will make its intervention in Supreme Court without harming this,” its chief A Padmakumar told reporters in Thiruvananthapuram. He said the meeting would decide the “nature” of the report to be submitted to the apex court. The Supreme Court Monday said it would decide tomorrow as to when the petitions seeking a review of its Sabarimala verdict will be listed for hearing. In all, 19 review petitions are pending before it for hearing.

The state’s Devaswom Minister Kadakampally Surendran welcomed the TDB’s decision to approach the Supreme Court with a comprehensive report about the recent developments in Sabarimala. “It’s a good decision…the TDB’s move is to bring to the notice of the Supreme Court the difficulties faced by the real devotees,” Surendran said. He conceded that the LDF government was caught between the “devil and the deep sea” while executing the apex court order.

The Congress-led UDF has decided to hold a series of foot marches, vehicle rallies and meetings across the state to explain to people its stand on the issue and “expose” the ruling CPI(M) and BJP’s “hidden agenda”. The temple will open briefly on November 5 evening for the next day’s ‘Chithira Attavisesham’ to celebrate the birth anniversary of Chithira Thirunal Balarama Varma, the last king of Travancore.

The doors of the shrine will open on November 17 for the three-month-long Mandalam Makaravilakku celebrations when lakhs of devotees from the country and abroad visit the place every year. If the Supreme Court does not stay or overturn its own verdict by then, enforcing its historic order may prove to be a daunting task for the Kerala government.

The Supreme Court will pronounce on Tuesday its verdict on the plea for a ban on the manufacture, sale and possession of firecrackers across the country.

A bench of Justice A.K. Sikri and Justice Ashok Bhushan said although the matter was mentioned in Monday’s (today’s) list they would be pronouncing the judgment on October 23.

The top court had on August 28 reserved its order on the plea for a countrywide ban on firecrackers to curb the deteriorating air pollution.

The court had reserved its order after hearing the petitioners, firecrackers manufacturers, the Centre and the Central Pollution Control Board (CPCB).

The bench had earlier said that there was a need to strike a balance between the right to health and the right to carry on a trade or profession.

It had also said that there was a fundamental right to livelihood of firecrackers manufacturers as well as the fundamental right to health of 130 crore citizens of the country.

The firecracker manufacturers had told the apex court that crackers were not the sole cause of rising pollution during Diwali. It was one of the contributing factors and that an entire industry could not be shut down on this count.

The manufacturers had contended that pollution had reached very high levels not due to the bursting of the firecrackers alone but also on account of vehicular pollution, construction dust and stubble-burning.

“The question is whether an entire industry can be shut down citing air pollution while other industries are allowed to continue,” the five firecrackers manufacturers had contended.

During the hearing the court had expressed concern over the growing respiratory problems among children due to air pollution and said it would decide whether there has to be a complete ban or reasonable curbs on bursting of firecrackers.

The bench had cited a report that said 20-25 per cent children suffer from respiratory diseases.

One of the pleas filed by a child, Arjun Gopal, represented by lawyer Gopal Shankarnarayan, sought a ban on possession of firecrackers in the National Capital Region as it was contributing to an already alarming level of air pollution in the area.

In 2017, the apex court had prohibited the sale of firecrackers in NCR-Delhi during Diwali.

Allahabad will now on be officially known as Prayagraj.

A decision to this effect was ratified by the Uttar Pradesh cabinet at a meeting chaired by Chief Minister Yogi Adityanath on Tuesday.

Briefing the media, government spokesman and Health Minister Siddhartha Nath Singh said the decision was taken keeping in mind the rich cultural, historic and religious heritage of the city.

He added that the name Prayagraj was found mentioned in ancient Hindu scriptures.

Adityanath had made the announcement in Allahabad on Saturday. Allahabad will host ‘Ardh Kumbh’ in January.

The cabinet also took 12 major decisions including allocation of funds for seven medical colleges in the state and assimilation of 23 villages under the ‘sadar’ tehsil in Lalitpur district.

To encourage milk production, the cabinet approved a proposal for granting ‘Nand Baba Award’ to farmers who excel in milk production.

IANS

The Union Cabinet on Wednesday sanctioned Rs 3,074 crore for the establishment of permanent campuses of two new Indian Institutes of Science Education and Research (IISERs) in Andhra Pradesh’s Tirupati and Odisha’s Berhampur cities.

Union Law Minister Ravi Shankar Prasad made the announcement after a cabinet meeting chaired by Prime Minister Narendra Modi.

The Minister said that the Tirupati centre was part of Andhra Pradesh package while Berhampur centre was a budget announcement.

“A total of 1,855 students will study in both the institutions that will be operational from December 21. Both the states have given land for the construction of these campuses and the total cost is Rs 3,070.12 crore,” Prasad said.

A special court on Tuesday issued a non-bailable warrant against Uttar Pradesh Tourism Minister Rita Bahuguna Joshi for failing to turn up despite repeated summons in a case dating back to 2010, an official said.

The Allahabad court, set up to exclusively try criminal cases pending against Members of Parliament and Legislative Assemblies, issued the warrant against Joshi and asked her to be present on October 31.

The Centre has set up 12 such special courts across 11 states in the country.

Joshi, as the Uttar Pradesh Congress chief in 2010, had allegedly violated prohibitory orders imposed under Section 144 and organised a public meeting in the state capital, and then led a march to the assembly, triggering a clash with police.

Joshi has since quit the Congress party, and joined the Bharatiya Janata Party.

Despite several reminders and summons, Joshi did not present herself before the court, prompting the Judge, Pawan Tiwari, to issue the non-bailable warrant.

The Delhi High Court on Thursday acquitted a man of the charges of raping and murdering an 81-year-old widow in 2014 at her south Delhi residence four years ago.

The High Court however dubbed the crime as “horrific” and said that an elderly woman had been done to death in the most inhuman manner.

A bench of Justices S. Muralidhar and Vinod Goel acquitted domestic help Neeraj Safi of the charges pressed under Sections 302 (murder), 375 (rape) and 201 (destruction of evidence) of the Indian Penal Code.

The High Court order to set aside a trial court’s conviction order came on Safi’s appeal.

“Howsoever strong a suspicion might be, it cannot constitute proof and is insufficient to return a finding of guilt. The case against the appellant had to be proved beyond reasonable doubt. The prosecution has failed to do that in the present case,” the bench said.

Safi, a resident of Madhubani in Bihar, was accused of the crime at his employer’s Greater Kailash-II house on July 7, 2014. On January 31 2017, the trial court convicted Safi of rape, murder and destruction of evidence.

The High Court also said that the prosecution has failed to prove the motive of the crime as nothing belonging to the deceased was in fact stolen and other household items remained untouched.

“The trial court overlooked the above legal position and erred in holding that not proving the motive was not fatal to the case of the prosecution,” the court said.

The High Court also found that there are too many gaps in the chain of circumstances leading to the crime.

“Neither the forensics report nor the post-mortem conclusively establishes that it was the appellant who had any sexual contact with the deceased,” the court said.

“With medical and forensic evidence ruling out the possibility of the appellant having committed the sexual assault on the deceased, the prosecution has failed to prove the motive for the crime.”

Police had said that the woman’s post-mortem revealed that she was beaten up, strangled with a dupatta and set on fire.

Ians

Justice Gogoi was administered the oath of office by President Ram Nath Kovind at a function in the Rashtrapati Bhawan, attended by PM Narendra Modi.

Justice Ranjan Gogoi was on Wednesday sworn in as the Chief Justice of India, becoming the first chief of the apex court from the northeast.

He was administered the oath of office by President Ram Nath Kovind at a function in the Rashtrapati Bhawan, attended by Prime Minister Narendra Modi, Union Ministers Arun Jaitley, Rajnath Singh and Ravi Shankar Prasad.

Lok Sabha Speaker Sumitra Mahajan and former Prime Ministers Manmohan Singh, HD Deve Gowda, along with Leader of Congress Party in the Lok Sabha Malikarjun Kharge were also present.

Justice Gogoi is the nation’s 46th Chief Justice succeeding Chief Justice Dipak Misra, who demitted office on October 2. He will be in office for 13 months and 15 days till November 17, 2019, when he will turn 65.

Significantly, Justice Gogoi is one of the four senior-most judges of the Supreme Court who had risen in revolt against Justice Misra in January when they held a press conference criticising him on constitution of benches.

Attorney General KK Venugopal, former AG Mukul Rohatgi, eminent jurist Fali Nariman and Supreme Court Bar Association President Vikas Singh were also present on the occasion.

Justice Gogoi was enrolled at the Bar in 1978 and practised at the Gauhati High Court of which he was made a Permanent Judge on February 28, 2001.

He was transferred to the Punjab and Haryana High Court on September 9, 2010 and became its Chief Justice on February 12, 2011. He was elevated as a Judge of the Supreme Court on April 23, 2012.

With just a little over a year at the helm, Justice Gogoi’s hands are full with pressing matters like Ayodhya, appointment of Lokpal, setting up of more fast track courts to try lawmakers facing criminal cases involving heinous crimes and other issues.

Justice Gogoi has set the task of addressing the issue of the huge backlog of cases that is plaguing the justice delivery system which he had said was threatening its credibility including its relevance.

With over 2.6 crore cases pending and with every fourth position in subordinate judiciary and nearly half of the High Court posts vacant — the task set by the Chief Justice is a mammoth one.

He had earlier said that he had a plan to address the issue which will be unfolded in due course.

Speaking at a seminar last week, Chief Justice Gogoi said: “Pendency is bringing a lot of disrepute. In fact, if I may say so, it has the potential of making the system irrelevant” and “I have a plan and will unfold it.”

IANS

In a two-to-one majority judgement, the Supreme Court on Friday refused to interfere in the arrest of five activists in the Bhima Koregaon case in Maharashtra. It also declined to constitute Special Investigation Team (SIT), allowing Pune police to go ahead with its probe.
The house arrest of the five rights activists — Sudha Bhardwaj, Varavara Rao, Gautam Navlakha, Vernon Gonsalves, Arun Ferreira — will continue for four more weeks, a majority judgement, read out by Justice A.M. Khanwilkar also on behalf of Chief Justice Dipak Misra, said.

He said that in perusal of documents submited before the banch it was not a case of arrest merely because of dissent or difference in political views.

In a dissenting judgement, Justice D.Y. Chandrachud said liberty cherished by Constitution would have no meaning if persecution of the five rights activists were allowed without a proper investigation.

Justice Chandrachud lashed out at the Pune police for going public with evidence and termed it as disconcerting behaviour.

IANS

The Supreme Court Thursday declined to refer to a five-judge Constitution bench the issue of reconsideration of the observations in its 1994 judgement that a mosque was not integral to Islam that arose during the hearing of Ayodhya land dispute.

The issue had cropped up when a three-judge bench headed by Chief Justice Dipak Misra was hearing the batch of appeals filed against the Allahabad High Court’s 2010 verdict by which the disputed land on the Ram Janmabhoomi-Babri Masjid area was divided in three parts.

A three-judge bench of the high court, in a 2:1 majority ruling, had ordered that the 2.77 acres of land be partitioned equally among three parties — the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.