SC asks Kerala govt to come out with exclusive law for administration of Sabarimala temple

The Supreme Court Wednesday asked the Kerala government to come out with an exclusive legislation regarding the administration of the historic Sabarimala temple.

A bench headed by Justice N V Ramana asked the state to place before it by third week of January next year the legislation, also covering the aspects of welfare of pilgrims visiting there.

The counsel appearing for the state said it has formulated amendments to the law that would deal with the temples and their administrations which are presently being governed by the Travancore Devaswom Board.

The draft law also proposes to give one-third representation to women in the temple advisory committee, the counsel said.

This aspect triggered a debate in the courtroom with regard to September 2018 apex court verdict allowing entry of girls and women of all ages into the Sabarimala temple.

The state government said that for the time being, it proposes to give representation in the temple advisory committee to only those women who are above 50 years of age.

One of the judges of the bench referred to the September 28, 2018 verdict and observed that the direction allowing girls and women of all ages holds the field.

The top court was hearing a plea filed in 2011 which has raised the issue of administration of Sabarimala temple.

In August this year, the state government had told the top court that it was considering enacting a "separate legislation" with regard to administration of the Sabarimala temple.

A 5-judge Constitution bench, headed by the then Chief Justice Ranjan Gogoi, in a 3:2 majority verdict, had referred to a larger 7-judge bench the pleas seeking review of its historic 2018 judgement allowing women and girls of all ages to enter Kerala's Sabarimala temple, along with other contentious issues of alleged discrimination against Muslim and Parsi women.

The top court had not stayed the 2018 verdict that had allowed entry of girls and women of all ages into Sabarimala temple.

Source: https://www.dailypioneer.com/2019/top-stories/sc-asks-kerala-govt-to-come-out-with-exclusive-law-for-administration-of-sabarimala-temple.html

Justice Bobde takes oath as 47th CJI

Justice Sharad Arvind Bobde, who was part of the historic Ayodhya verdict earlier this month, was on Monday administered oath as the 47th Chief Justice of India by President Ram Nath Kovind and started holding court at 11:30 am.

Bobde, 63, succeeds Justice Ranjan Gogoi who demitted office on Sunday.

He took oath in English in the name of God at a brief ceremony held at the Durbar Hall of the Rashtrapati Bhavan.

Justice Bobde will have a tenure of over 17 months as the CJI and is due to retire on April 23, 2021.
Soon after taking the oath, he sought the blessings of his mother by touching her feet. She was brought to the president house on a stretcher.

Vice President M Venkaiah Naidu, Prime Minister Narendra Modi and several senior ministers were present at the oath-taking ceremony. Former vice president Hamid Ansari and former prime minister Manmohan Singh were also there.

Several former chief justices of the Supreme Court, including R M Lodha, T S Thakur and J S Kehar, attended the ceremony.

Former CJI Gogoi walked up to Union ministers and senior political leaders at the gathering and shook hands with them.

In an unprecedented gesture, the newly-appointed CJI shared the dais in a packed courtroom with Chief Justice of Jamaica Justice Bryan Sykes and senior-most judge of the Bhutan Supreme Court Justice Kuenlay Tshering.

Justice Bobde was chosen following the rule of seniority and his name was recommended by Justice Gogoi in a letter to the Centre.

Hailing from a family of lawyers from Maharashtra, he is the son of eminent senior advocate Arvind Shriniwas Bobde.

Bobde was congratulated by senior advocate and Supreme Court Bar Association president Rakesh Khanna, among others, in the courtroom where the newly-appointed CJI's relatives and friends were also present.

In an interview to PTI after being appointed as CJI last month, Bobde had said people's reputation cannot be sacrificed just to satisfy the desire of citizens to know.

He had also said that he would prefer a conservative approach on the issue of disclosing the Collegium's entire deliberations on rejection of names for appointment in the higher judiciary.

On the issue of huge vacancies of judges in courts across the country and lack of judicial infrastructure, Justice Bobde had said that he wishes to take to the "logical end" the steps taken by his predecessor Gogoi.

Born on April 24, 1956 in Nagpur in Maharashtra, he was part of the five-judge Constitution bench that rendered a unanimous verdict to put the curtains down on the vexatious Ayodhya land dispute which was pending in courts since 1950.

Bobde was also part of a nine-judge bench of the Supreme Court that had held unanimously in August 2017 that the Right to Privacy was a constitutionally protected fundamental right in India. The CJI then was J S Khehar.

Justice Bobde was part of the three-judge bench which in 2015 clarified that no citizen of India without an Aadhaar card can be denied basic services and government services.

Recently, a two-judge bench headed by Justice Bobde directed the Committee of Administrators (CoA) headed by former Comptroller and Auditor General (CAG) Vinod Rai, appointed by it for the purpose of running the BCCI administration, to demit office paving the way for elected members to run the affairs of the cricket board.

He also headed a three-member in-house committee which gave a clean chit to former CJI Gogoi on a sexual harassment complaint against him by a former apex court staffer. The committee also included justices Indira Banerjee and Indu Malhotra

Justice Bobde completed Bachelor of Arts and LLB degrees from Nagpur University. He was enrolled as an advocate of the Bar Council of Maharashtra in 1978.

He practised law at the Nagpur Bench of the Bombay High Court with appearances at Bombay before the Principal Seat and before the Supreme Court for over 21 years.

Bobde was designated as senior advocate in 1998.

Justice Bobde was elevated to the Bombay High Court on March 29, 2000, as Additional Judge and sworn in as Chief Justice of Madhya Pradesh High Court on October 16, 2012.
He was elevated as a judge of the Supreme Court on April 12, 2013.

Source: https://www.dailypioneer.com/2019/top-stories/justice-bobde-takes-oath-as-47th-cji.html

SC dismisses pleas seeking review of Rafale judgment

The Supreme Court on Thursday dismissed the review petitions against its verdict in the Rafale deal on grounds that they lacked merit, reiterating its clean chit to the Modi government in the fighter jet agreement with French firm Dassault Aviation.

The apex court also rejected the contention that there was need to register an FIR in connection with the Rs 58,000 crore deal.

The pleas had sought re-examination of the apex court's December 14, 2018 verdict that there was no occasion to doubt the decision-making process in the procurement of 36 Rafale fighter jets.

"We find the review petitions are without any merit," a bench comprising Chief Justice Ranjan Gogoi and Justices S K Kaul and K M Joseph said.

The rejection of review petitions is tantamount to the apex court giving a second clean chit to the Modi government.

Reading out the judgement, Justice Kaul said the judges had reached the conclusion that it is not appropriate to order a roving inquiry into the allegations.

Maintaining that the review petitions have sought a registration of an FIR in connection with Rafale fighter jets jet deal, the bench said, "We do not consider it to be a fair submission".

"We do not find it appropriate to consider passing order for registration of FIR," the bench said.
Justice Joseph, who wrote a separate judgement, said he agreed with the main verdict written by Justice Kaul subject to certain aspects on which he has given his own reasons.

In December last year, the apex court had dismissed the petitions seeking an investigation into alleged irregularities in the deal.

On May 10, the apex court reserved its decision on the pleas, including one filed by former Union ministers Yashwant Sinha, Arun Shourie and activist lawyer Prashant Bhushan, seeking a re-examination of its findings.

The review petitions were filed by the trio, lawyer Vineet Dhandha and Aam Aadmi Party lawmaker Sanjay Singh.

While reserving the judgement on the review petitions, the apex court asked the Centre searching questions on its deal with France to buy 36 Rafale fighter jets on issues like "waiver of sovereign guarantee" and the absence of technology transfer clause in the inter-governmental agreement (IGA).
The bench referred to an earlier judgement which said an FIR is a must when information revealed commission of cognizable offence.

Attorney General K K Venugopal had told the bench that "there has to be a prima facie case, otherwise they (agencies) cannot proceed. The information must disclose commission of cognizable offence".

Justice Joseph had referred to the earlier deal and asked the Centre why the IGA on Rafale with the French administration does not have the clause of transfer of technology.

"The court cannot decide such technical aspects," Venugopal said in response.

On the court's question of waiver of sovereign guarantee by France in the IGA and its replacement with a letter of comfort, Venugopal said it is not an "unprecedented practice".

"It is a question of national security. No other court in the world will examine a defence deal on these kinds of arguments," he said.

Bhushan, arguing his own case, had submitted that the December 2018 judgement did not deal with the prayer seeking a probe into the deal and decided the petition on the premise that it is seeking cancellation of IGA.

He contended that the Centre misled the court by referring to a non-existent CAG report in November 2018 hearing when it is on record that the report came later in February this year.

Bhushan also alleged suppression of material facts from the court by the Centre and said as many eight critical clauses of the standard defence procurement procedure were dropped in the deal in the meeting of Cabinet Committee on Security in September 2016.

One clause dealt with the aspect that the government can cancel the deal if the information of any involvement of middleman comes to the light, he said.

Venugopal had vehemently opposed the submissions and sought dismissals of review petitions, saying the basic grounds of these pleas were the same as in the main case.

The government is under obligation to put defence material under cover, he said, adding that "when the security of the country is involved, you do not view it as a contract to build a highway or a dam".

source: https://www.dailypioneer.com/2019/top-stories/sc-dismisses-pleas-seeking-review-of-rafale-judgment.html

PM Modi hopes BRICS summit will boost economic, cultural links

Prime Minister Narendra Modi on Wednesday hoped that the BRICS summit will enhance the economic and cultural linkages between the member nations as he arrived in the Brazilian capital to take part in the two-day meeting.

"Reached Brazil to take part in the BRICS Summit. Will also meet various world leaders during this visit," Modi tweeted after his arrival here.

On the sidelines of the 11th BRICS summit, Modi will meet Brazilian President Jair Bolsonaro to discuss ways to enhance the bilateral strategic partnership.

The Prime Minister is scheduled to hold separate bilateral meetings with Russian President Vladimir Putin and Chinese President Xi Jinping on Wednesday.

"I am sure the BRICS Summit will enhance cultural and economic linkages between BRICS nations," he said.

BRICS is the acronym coined for an association of five major emerging national economies -- Brazil, Russia, India, China and South Africa. This year's event is being held under the theme BRICS: Economic Growth for an Innovative Future.

This will be the sixth time Modi is participating in the BRICS summit, his first being at Fortaleza, also in Brazil in 2014.

Describing his welcome as "as vibrant as BRICS itself", Spokesperson of the Ministry of External Affairs Raveesh Kumar tweeted, "PM @narendramodi arrives in Brasilia to participate in the 11th #BRICS Summit. This year's Summit under the theme “BRICS: Economic Growth for an Innovative Future” will further strengthen the traditional ties among the BRICS countries."

During the summit, the five major economies of the world will aim to significantly strengthen their cooperation in science, technology and innovation, Modi said in his departure statement.

The BRICS countries will also look to enhance cooperation on digital economy and build mechanisms for counter-terrorism cooperation within the BRICS framework, Modi said.

He would also attend the BRICS business forum closing ceremony and the 'closed' and plenary sessions of the summit.

In the closed session, the discussions are expected to be focused on challenges and opportunities for the exercise of national sovereignty in the contemporary world.

This will be followed by the BRICS Plenary Session, where the leaders will discuss the intra-BRICS cooperation for the economic development of BRICS societies.

A BRICS memorandum of understanding between trade and investment promotion agencies is expected to be signed. The participating leaders would also be issued on the conclusion of the summit, according to the Ministry of External Affairs.

Source: https://www.dailypioneer.com/2019/top-stories/pm-modi-hopes-brics-summit-will-boost-economic--cultural-links.html