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The <keyword id="6354977" type="General" weightage="80" keywordseo="supreme-court" source="Orion">Supreme Court</keyword> on Monday came down heavily on two members of <keyword id="6396355" type="General" weightage="100" keywordseo="nclat" source="Orion">NCLAT</keyword> who were issued contempt notice for defying an order of the apex court. After going through the relevant CCTV footage of the NCLAT proceedings from October 13, a bench headed by <keyword id="6363345" type="General" weightage="20" keywordseo="cji" source="Orion">CJI</keyword> D.Y. Chandrachud and comprising Justices J.B. Pardiwala and Manoj Misra said that there exists a "clear intention" to breach the directions passed by the Supreme Court. In view of the unconditional apology tendered by Member (Technical) Dr Alok Srivastava, the bench decided to put an end to contempt proceedings. During the hearing, the top court was apprised by senior advocate P.S. Patwalia that Member (Judicial) Rakesh Kumar -- who was part of the contentious bench of NCLAT -- has tendered his resignation to the Chairman of the appellate tribunal. Senior advocate Patwalia, who represented Member (Judicial) Rakesh Kumar, said that members of the bench had no intention to defy the orders passed by the apex court and there is no affront or ego involved. At this, CJI D.Y. Chandrachud said: "There is no denial of the fact that the lawyers did point out (before NCLAT bench) that an order was passed by the Supreme Court." In its order, the apex court directed <keyword id="227293" type="General" weightage="50" keywordseo="deepak-chhabria" source="Orion">Deepak Chhabria</keyword> and the scrutiniser to deposit costs of Rs 1 crore and Rs 10 lakh, respectively, in the Prime Minister Relief Fund for misusing the process of law. Earlier on October 18, the Supreme Court had issued contempt notice to two members for "wilfully" defying directions passed by it. The top court had also set aside the judgment passed by the two-member bench of the NCLAT saying that parties cannot take recourse to "devious" means to obviate compliance with the orders passed by the Supreme Court. On October 13, the top court ordered the Chairperson of the NCLAT to conduct an inquiry into the working of a bench of the appellate tribunal which allegedly defied an order of the Supreme Court. It had said that it is passing the order in "extraordinary circumstances" where the two-member bench of the NCLAT proceeded to pronounce the judgment despite the clear mandate of the order passed by the Supreme Court asking the appellate tribunal to declare "its judgment in the pending appeal after it is duly apprised of the fact that the result of the Annual General Meeting has been declared". Senior advocates <keyword id="106922" type="General" weightage="50" keywordseo="abhishek-manu-singhvi" source="Orion">Abhishek Manu Singhvi</keyword> and N.K. Kaul had apprised the top court that the bench consisting of Rakesh Kumar and Dr Alok Srivastava of the NCLAT proceeded to deliver the order despite request made by the petitioner before the appellate tribunal to not deliver the judgment until the report of the scrutiniser is made available. "If what is stated is correct, this will clearly constitute the defiance of the order of this court by the NCLAT," the Supreme Court had said, noting that its order was uploaded at 1.55 p.m. while the scrutiniser's report was stated to be uploaded at 2.40 p.m.

SC closes contempt proceedings against NCLAT bench after one member apologises, other resigns

<ul><li>An in-house committee said there was no substance in the allegations. </li><li>Last month, allegations of sexual harassment were made by a former woman employee of the <keyword id="6354977" type="ORGANIZATION" weightage="20" keywordseo="Supreme-Court">Supreme Court</keyword>.</li><li>A report submitted by the committee is “not liable to be made public."</li></ul> <keyword id="45053" type="POSITION" weightage="20" keywordseo="Chief-Justice-of-India">Chief Justice of India</keyword> <keyword id="245445" type="PERSON" weightage="20" keywordseo="Ranjan-Gogoi">Ranjan Gogoi</keyword> has been cleared of the allegations of sexual harassment brought forward last month by a former woman employee of the Supreme Court. An in-house committee, which had been set up to probe into the matter, reportedly said there was no substance in the allegations. The committee was headed by Justice SA Bobde, and Justices Indira Banerjee and Indu Malhotra. A report submitted by the committee is “not liable to be made public,” LiveLaw reported citing a statement by the court. In April, the Supreme Court had announced that a woman staffer had accused the chief justice of sexual harassment and announced the formation of a judicial panel. Gogoi had rejected all the charges. Last week, the complainant reportedly <a href="https://www.livelaw.in/top-stories/breaking-in-house-committee-finds-no-substance-in-allegations-against-cji-report-not-liable-to-be-made-public-144825">withdr</a>ew from the probe, objecting to the committee saying she felt she “was not likely to get justice from this committee. She also cited the lack of a lawyer or a support person and felt "intimidated and nervous in the presence of three Hon'ble Judges of the Supreme Court,” she was quoted as saying in media <a href="https://www.livelaw.in/top-stories/breaking-woman-who-alleged-sexual-harassment-by-cji-decides-not-to-participate-in-in-house-enquiry-144658">reports.</a> Many lawyers have also raised concerns about the findings. Writing in <a href="https://www.thehindu.com/opinion/lead/a-miscarriage-of-justice/article27051604.ece/amp/?__twitter_impression=true" data-type="tilCustomLink">the Hindu</a>, Dushyant Dave, a senior lawyer and the former President of the Supreme Court Bar Association, says, "Can [the complainant] and her family get justice at all at the hands of the judiciary, considering the respondents would be the CJI and the Supreme Court? Only time will tell. But certainly for the present, the picture is dark for them."

Judicial panel clears Chief Justice of India from sexual harassment charges

New Delhi, Jan 24 () Chief Justice of India S A Bobde on Friday underlined the need for artificial intelligence (AI) in the judicial system, especially in cases of repetitive nature and document management, to expedite dispute resolution process.
 He, however, cautioned that AI cannot replace human discretion, which is necessary for a just decision making.
 Speaking at 79th Foundation Day celebration of the Income Tax Appellate Tribunal (ITAT), the Chief Justice of India said the use of technology in judicial functioning is a fascinating area and a significant breakthrough.
 "Though I must make one thing clear: Because we have been dealing with the introduction of artificial intelligence in courts, I am firmly of the view, based on the experience of systems that have used artificial intelligence, that it is only the repetitive area or decision making such as rates of taxation, etc, or something that is invariably the same or which is in a sense mechanical, and that must be covered by artificial intelligence," he said.
 AI can play a significant role in tribunals like ITAT in docket management and decision making, he said adding that "the artificial intelligence system we are looking to employ in courts possesses the reading speeds of 1 million character per second. I can imagine a similar system can be used to read and extract all relevant facts, compute tax effect and assist in a myriad of ways to propel the pace of decision making".
 Bobde added that it is reassuring to discover that more nations are taking up steps towards experimenting and implementing AI in their respective justice delivery systems.
 This goes to say that judiciary is doing and must continue to do everything in order to tackle with the workload in the judicial process, he said.
 "Artificial intelligence, as I see, brings new hope to drive the public faith to our institutions. One of the most transparent measures to adjudge performance is your ability to dispose of cases," he said.
 He advised ITAT that the institution must carry on its legacy to follow the best practices and the commitment to evolve as it has done over the years.
 Quoting eminent jurist Nani Palkhivala, the chief justice said, "To tax and to please is not given to man; but to tax and be fair is." PRS DP CS HRS

AI can be used in judicial process but cannot replace human discretion: CJI

The <keyword id="19895345" type="General" weightage="20" keywordseo="Supreme-Court" source="keywords" meta.keywordsubtype="org" meta.entityname="Supreme Court" meta.hostid="261" meta.entityid="Supreme Court">Supreme Court</keyword> agreed to hear on Friday a plea seeking <keyword id="20286748" type="General" weightage="20" keywordseo="postponement" source="keywords">postponement</keyword> of the <keyword id="22147879" type="General" weightage="20" keywordseo="NEET-PG" source="keywords">NEET-PG</keyword> examination, scheduled for August 11, which claimed that candidates have been allocated cities that are highly inconvenient for them to reach. A bench comprising Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj Misra on Thursday took note of the submissions of lawyer Anas Tanwir on the issue. The bench said the matter will be listed on Friday. The plea said many candidates have been allocated cities which are highly inconvenient for them to reach. It said the test cities were allotted on July 31 and the specific centres will be declared on August 8. While the allocation of the centres was done to curb malpractices, the plea said due to the paucity of time, it is difficult for the candidates to make arrangements for travel to specific cities. "Issue a writ in the nature of Mandamus ...the Respondents (<keyword id="19904021" type="General" weightage="20" keywordseo="National-Testing-Agency" source="keywords" meta.keywordsubtype="org" meta.entityname="National Testing Agency" meta.hostid="261" meta.entityid="National Testing Agency">National Testing Agency</keyword>) to reschedule the NEET-PG 2024 examination," stated the plea filed by Vishal Soren. The National Eligibility-cum-Entrance Test (NEET)-Postgraduate exam was initially supposed to be held on June 23. It was postponed by the Union Health Ministry as a "precautionary measure" in the wake of alleged irregularities in certain competitive exams. SEE ALSO:<a href="https://www.businessinsider.in/business/news/ola-wants-to-re-enter-the-quick-commerce-business-to-take-on-blinkit-and-swiggy-instamart/articleshow/112364583.cms" target="_blank"></a> <a href="https://www.businessinsider.in/business/news/ola-wants-to-re-enter-the-quick-commerce-business-to-take-on-blinkit-and-swiggy-instamart/articleshow/112364583.cms" target="_blank">Ola wants to re-enter the quick commerce business to take on Blinkit and Swiggy Instamart</a><a href="https://www.businessinsider.in/finance/banks/news/rbi-mpc-meet-cheque-clearing-time-reduced-upi-limit-increased-for-tax-payment/articleshow/112366099.cms" target="_blank"></a> <a href="https://www.businessinsider.in/finance/banks/news/rbi-mpc-meet-cheque-clearing-time-reduced-upi-limit-increased-for-tax-payment/articleshow/112366099.cms" target="_blank">RBI MPC meet – Cheque clearing time reduced, UPI limit increased for tax payment</a><a href="https://www.businessinsider.in/business/auto/news/tata-curvv-ev-with-up-to-585-km-range-launched-starting-at-17-49-lakh/slidelist/112342769.cms" target="_blank"></a> <a href="https://www.businessinsider.in/business/auto/news/tata-curvv-ev-with-up-to-585-km-range-launched-starting-at-17-49-lakh/slidelist/112342769.cms" target="_blank">Tata Curvv EV with up to 585 km range launched starting at ₹17.49 lakh</a>

Supreme Court to hear plea seeking postponement of NEET-PG on Friday

Union Minister <keyword id="20150028" type="General" weightage="20" keywordseo="Chirag-Paswan" source="keywords">Chirag Paswan</keyword> expressed his disagreement with the <keyword id="19895345" type="General" weightage="20" keywordseo="Supreme-Court" source="keywords" meta.keywordsubtype="org" meta.entityname="Supreme Court" meta.hostid="261" meta.entityid="Supreme Court">Supreme Court</keyword>'s observation on <keyword id="22418374" type="General" weightage="20" keywordseo="creamy-layer" source="keywords">creamy layer</keyword> among Scheduled Castes and Scheduled Tribes, and said that the <keyword id="22663720" type="General" weightage="20" keywordseo="Lok-Jandhakti-Party" source="keywords" meta.keywordsubtype="org" meta.entityname="Lok Jandhakti Party" meta.hostid="261" meta.entityid="Lok Jandhakti Party">Lok Jandhakti Party</keyword> (Ram Vilas) will be filing a review peition against the ruling. Emphasising that <keyword id="20053971" type="General" weightage="20" keywordseo="Dalit" source="keywords">Dalit</keyword> people in various spheres of life still face <keyword id="21301343" type="General" weightage="20" keywordseo="untouchability" source="keywords">untouchability</keyword>, Paswan said that the basis of giving <keyword id="19914887" type="General" weightage="20" keywordseo="reservation" source="keywords">reservation</keyword> to Scheduled Caste is 'untouchability,' so there is no point of creamy layer in it. "We disagree with the observation of the Supreme Court and we have registered this disagreement prominently. We are clear about this that the base of the Scheduled Caste is untouchability. It does not have an educational or economic basis. In such a situation, there can be no provision of creamy layer in it, reservation within the reservation is not correct, because even today the example of a Dalit youth is given who is prevented from riding a mare," Chirag Paswan told reporters on Sunday. "There are many such big names, who are on high posts, but even after they go to the temple, the temple is washed with Ganga water, so even today discrimination takes place based on untouchability... We, LJP (Ram Vilas) are also going to file a <keyword id="20143564" type="General" weightage="20" keywordseo="review-petition" source="keywords">review petition</keyword> in the Supreme Court regarding this matter," he added. The Supreme Court, in a landmark ruling on Thursday, ruled that states have the power to sub-classify SCs and STs and said that the authority concerned, while deciding if the class is adequately represented, must calculate adequacy based on effective and not quantitative representation. The top court ruled by a majority judgement of 6:1, that sub-classification within the SCs and STs reservation is permissible. As many as six separate opinions were delivered in the case. The judgement was delivered by the seven-judge bench led by Chief Justice of India DY Chandrachud, which overruled earlier judgement in the EV Chinnaiah matter, which had held that sub-classification was not permissible because SC/STs form homogenous classes. Besides CJI Chandrachud, other judges on the bench were Justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra, and Satish Chandra Sharma. Justice Bela M. Trivedi, in a dissenting opinion, said that she disagreed with the majority judgement that sub-classification within the Scheduled Caste and Scheduled Tribes is permissible.

We will file review petition against top court's verdict on SC/ST subclassification: Chirag Paswan

New Delhi, A petition has been filed in the <keyword id="19895345" type="General" weightage="20" keywordseo="supreme-court" source="keywords">Supreme Court</keyword> seeking contempt action against the <keyword id="19934368" type="General" weightage="20" keywordseo="state-bank-of-india" source="keywords">State Bank of India</keyword> (SBI) alleging it "wilfully and deliberately" disobeyed the apex court's direction to submit details of contributions made to political parties through electoral bonds to the Election Commission by March 6. The plea, filed by two NGOs, claimed SBI's application seeking extension of time till June 30 to disclose the details of electoral bonds encashed by political parties has been deliberately filed at the last moment to ensure that details of donor and the amount of donations are not disclosed to the public before the upcoming <keyword id="19895394" type="General" weightage="20" keywordseo="lok-sabha" source="keywords">Lok Sabha</keyword> elections. A bench headed by Chief Justice <keyword id="19936357" type="General" weightage="20" keywordseo="d-y-chandrachud" source="keywords">D Y Chandrachud</keyword> on Thursday took note of the submissions by advocate <keyword id="20027334" type="General" weightage="20" keywordseo="prashant-bhushan" source="keywords">Prashant Bhushan</keyword>, who appeared on behalf of NGOs Association for Democratic Reforms and Common Cause, that he wanted initiation of contempt proceedings against the SBI. Bhushan said the SBI's application is likely to be listed on March 11 and the contempt application should also be heard together with it. "Please send an e-mail. I will pass the order," the CJI said. The SBI moved the top court on March 4 seeking extension of time till June 30 to disclose the details of the electoral bonds that were encashed. In a landmark verdict on February 15, a five-judge constitution bench of the apex court had scrapped the Centre's electoral bonds scheme of anonymous political funding, calling it "unconstitutional" and ordering disclosure by the Election Commission of the donors, the amount donated by them and the recipients by March 13. Ordering closure of the scheme forthwith, the top court had directed the SBI, the authorised financial institution under the scheme, to submit by March 6 the details of the electoral bonds purchased since April 12, 2019 till date to Election Commission (EC), which will publish the information on its official website by March 13. In the contempt plea, the NGOs have said that two days before the expiry of the stated deadline, the SBI has filed an application seeking time till June 30 to comply with the directions. "It is submitted that the said application is mala fide and demonstrates a wilful and deliberate disobedience &amp; defiance of the judgement passed by the constitution bench of this court. It is further a clear attempt to undermine the authority of this court," it said. "The petitioner herein is filing the instant petition seeking initiation of contempt proceedings against State Bank of India for wilfully and deliberately disobeying the order dated February 15 passed by this court... wherein this court directed SBI to submit details of contribution made to the political parties through electoral bonds to the Election Commission of India by March 6," it said. It said the affidavit supporting the SBI's application has neither been sworn by the chairman or the managing director of the bank. It said SBI has the record of the unique number allotted to each electoral bond and the know your customer (KYC) details of its purchaser. "The requirement of the KYC is mentioned in section 4 of the EB scheme itself, therefore, the SBI is well aware of the identity of purchasers of each electoral bond," the plea said. It said as per clause 7 of the electoral bond scheme, information furnished by the buyer can be disclosed when demanded by a competent court. "As per clause 12 (4) of the scheme, electoral bonds have to be encashed within fifteen days failing which the amount of bonds not encashed are to be deposited by the bank to the PM relief Fund. Thus, it is inconceivable that SBI does not have the recorded information readily available within its data base," it said. The plea said electoral bonds are "completely traceable" which is evident from the fact that SBI maintains a secret number-based record of donors who buy bonds, and the political parties they donate to. It said as per information received through RTI, in 30 phases of electoral bonds sale, only 19 out of 29 SBI authorised branches sold electoral bonds and 14 SBI branches encashed them. "The data available as on January 2024 further shows that only 25 political parties had opened their account and are eligible for encashing electoral bonds. Therefore, compiling of this information should not be difficult as the system is already in place," it said. "It is mandatory that SBI furnishes all information relating to electoral bonds within stipulated time frame given by this court as voters will not be able to exercise their informed opinion properly during Lok Sabha 2024 if complete information about EBs is not shared with them," it said. The plea said any form of anonymity in the finances of political parties goes against the essence of participatory democracy and people's right to know enshrined under Article 19(1)(a) of the Constitution. It said availability of information about electoral bonds will give voters a chance to truly inspect, express and decide their choices. "This defiant approach of the SBI towards citizen's 'right to know' about huge sums of money received by parties through electoral bonds and corporates in a non-transparent and unaccountable manner is reprehensible and betrays its clear motive to stifle citizen's voice and right to audit actions of the political class, and therefore it should be held as serious breach of contempt by this court," it alleged.

Electoral bonds: Plea seeks contempt action against SBI for disobeying SC's order

Former India captain <keyword id="6359039" type="General" weightage="50" keywordseo="sourav-ganguly" source="Orion">Sourav Ganguly</keyword>, who is soon going to become a former <keyword id="6354756" type="General" weightage="100" keywordseo="bcci" source="Orion">BCCI</keyword> president, has fallen out of favour with the board and is reportedly ending his term on a 'disappointing' note. During the upcoming BCCI AGM and elections on October 18, most members of the outgoing administration are set to find places in the new dispensation, barring <keyword id="6505" type="General" weightage="80" keywordseo="ganguly" source="Orion">Ganguly</keyword> and Jayesh George, the joint secretary. And, Ganguly is not pleased with the developments in the last few days. The former India allrounder Roger Binny on Tuesday filed his nomination for the post of BCCI president and is likely to get elected unopposed since no other candidate has emerged so far as his challenger. As a normal practice, the outgoing BCCI president proposes the name of the upcoming board chief but a dejected Ganguly didn't do the same with Binny. The former cricketer was to himself on Tuesday at the board's office largely, while others were involved in the nomination process, a Cricbuzz report said. "He clearly looked upset, disappointed and dejected," said a member who was present at the BCCI office. The 50-year-old was the last one to leave the BCCI office after the nomination process ended, swiftly getting into his car and rolling up the glasses of the window. Outside the BCCI office, there were also murmurs among state representatives about the immediate future of Ganguly. "Back to Kolkata," someone suggested. "Back to <keyword id="66" type="General" weightage="50" keywordseo="delhi" source="Orion">Delhi</keyword>," another chimed in, hinting that he will go back to the Delhi Capitals franchise of the <keyword id="6354312" type="General" weightage="50" keywordseo="ipl" source="Orion">IPL</keyword>, as a director. The report further said that Ganguly was told that his performance did not live up to the expectations although the official reason is that there is no precedent of a president holding two full terms, during an informal meeting among the senior past and current administrators from prominent state associations before the nomination day. Another reason for Ganguly not continuing at the coveted post is that the sponsors of Indian cricket boards were not happy with the cricketer, who endorses rival brands. The matter was often discussed among the members. Overall, the BCCI seems to have moved on from Ganguly which also means he is unlikely to be its candidate for the ICC Chair, the election for which is next month. It has been also learnt that Ganguly was offered the post of IPL chairman. However, the former left-handed batter politely declined the offer. His logic was that he cannot accept becoming head of a sub-committee in the BCCI after heading the same institution. SEE ALSO: <a target="_blank" class="c-link c-message_attachment__title_link" href="https://www.businessinsider.in/india/news/delhi-hc-asks-railways-to-file-status-report-on-quality-of-water-supplied-to-passengers/articleshow/94810991.cms">Delhi HC asks Railways to file status report on quality of water supplied to passengers</a> <a target="_blank" class="c-link c-message_attachment__title_link" href="https://www.businessinsider.in/india/news/all-you-need-to-know-about-justice-dy-chandrachud-the-harvard-graduate-who-could-become-indias-next-cji/slidelist/94806080.cms">All you need to know about Justice DY Chandrachud - the Harvard graduate who could become India’s next CJI</a>

BCCI chief Ganguly left 'disappointed and dejected' after falling out of favour

Reuters<ul class="summary-list"><li><a href="https://businessinsider.com/category/tinder">Tinder</a>, OkCupid, PlentyofFish, and other free dating apps owned by <a href="https://businessinsider.com/category/tinder">Match Group</a> do not screen whether users are registered sex offenders.</li><li>That lack of screening has allowed sex offenders to frequent the apps, according to a <a href="https://www.propublica.org/article/tinder-lets-known-sex-offenders-use-the-app-its-not-the-only-one">new investigation by ProPublica and the Columbia Journalism Institute</a>.</li><li>While <a href="https://businessinsider.com/category/tinder">Match Group</a> screens sex offenders on its paid service, Match.com, it doesn't take that step on its free apps.</li><li>A Match Group spokesperson told ProPublica that "there are definitely registered sex offenders on our free products."</li><li><a href="https://businessinsider.com">Visit Business Insider's homepage for more stories.</a></li></ul>Highly popular free dating apps owned by Match Group - including Tinder, OkCupid, and PlentyofFish - do not have clear policies or screening practices to prevent registered sex offenders from signing up.As a result of that lack of policy, people are matching with regular sex offenders on those apps and, in some cases, have faced attempted sexual assault, according to a <a href="https://www.propublica.org/article/tinder-lets-known-sex-offenders-use-the-app-its-not-the-only-one">new investigation by ProPublica and the Columbia Journalism Review</a>. Apple could sell three million AirPods, 3 millionFor the investigation, ProPublica and CJR reporters analyzed over 150 instances of sexual assault involving dating apps, and found that 10% of them stemmed from dates where users were matched with people previously accused or convicted of sexual assault.While Match Group carries out background checks for its paid services, like Match.com, it doesn't do so for its free apps. A Match Group spokesperson told ProPublica that "there are definitely registered sex offenders on our free products." A Match Group spokesperson did not immediately respond to Business Insider's request for comment. Based in Dallas, Match Group owns 45 online dating brands and <a href="https://s22.q4cdn.com/279430125/files/doc_financials/2018/q4/4Q-2018-Match-Group-Earnings-Release.pdf">reported</a> $1.7 billion in revenue in 2018. Tinder, its largest app, surpassed Netflix earlier this year as the top-grossing non-game app, <a href="https://techcrunch.com/2019/04/11/tinder-becomes-the-top-grossing-non-game-app-in-q1-2019-ending-netflixs-reign/">according to TechCrunch</a>.The <a href="https://www.propublica.org/article/tinder-lets-known-sex-offenders-use-the-app-its-not-the-only-one">ProPublica/CJI report</a> identified several registered sex offenders who were able to continue using Match Group dating apps after being convicted.One Colorado man, Michael Miller, was convicted in 2015 of raping a woman he met through OkCupid. He later created a new OkCupid account and was allowed to keep using the platform for months, according to ProPublica and Columbia Journalism Review's investigation. A Pennsylvania man, Seth Mull, had a 17-year history of sex offenses before he started using PlentyofFish in 2017 - that year, the dating site matched him with a woman who later accused him of rape, according to the investigation.Read the full ProPublica/CJI report <a href="https://www.propublica.org/article/tinder-lets-known-sex-offenders-use-the-app-its-not-the-only-one">here</a>. <h3>NOW WATCH: <a href="https://www.businessinsider.com/whats-going-on-with-tiktok-censorship-privacy-2019-11">What's going on with TikTok?</a></h3>

Tinder says 'there are definitely registered sex offenders on our free products'

The Supreme Court on Wednesday made it clear that it will conclude today the day-to-day hearing in the politically sensitive Ram Janmbhoomi-Babri Masjid land dispute case at <keyword id="6354931" type="LOCATION" weightage="20" keywordseo="Ayodhya">Ayodhya</keyword>, saying "enough is enough". A 5-judge Constitution bench headed by Chief Justice Ranjan Gogoi said that it is hearing the Ayodhya land dispute case for the last 39 days and no more time beyond today will be granted to parties to conclude the hearing in the case. "This matter is going to be finished today by 5 PM. Enough is enough," the bench, which also comprises justices S A Bobde, D Y Chandrachud, Ashok Bhushan and S A Nazeer, said at the start of the proceedings on the 40th day. The apex court had earlier said the hearing would be concluded on October 17. Now deadline has been advanced by one more day. The CJI is demitting office on November 17. The bench also rejected a plea of a party seeking to intervene in the ongoing hearing and said no such interventions will be allowed now at this stage of proceedings. Senior advocate C S Vaidyanathan, appearing for a Hindu party, has commenced his submission in response to a lawsuit filed by Sunni Waqf board in 1961 seeking title claim over the 2.77 acre disputed land at Ayodhya. Fourteen appeals have been filed in the apex court against the 2010 <keyword id="48834" type="ORGANIZATION" weightage="20" keywordseo="Allahabad-High-Court">Allahabad High Court</keyword> judgment, delivered in four civil suits, that the 2.77-acre land in Ayodhya be partitioned equally among three parties -- the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

Enough is enough, says Supreme court Chief Justice on Ayodhya--wants to end arguments today

<a href="http://www.businessinsider.in/searchresult.cms?query=india&amp;sortorder=effectivedate">India</a> is sometimes accused of being a kritarchy- a rule of the state by Judges. It is because the <a href="http://www.businessinsider.in/searchresult.cms?query=indian+judiciary&amp;sortorder=effectivedate">Judiciary in India</a> is at times accused of judicial activism in the country which is seen as the usurpation of the role of the legislature by the judiciary. The view is not particularly right since a lot of litigation often also happens because of loopholes in the framing of laws and policies, obsolete laws as well as corruption in the implementation issues. 
 
For the country to work well, our founding fathers had put in a system of 'checks and balances'. However, what one observes today is the protection of one's turf in the case of different pillars of democracy. The question of turf issues seems to have dictated the discourse especially when one sees the judiciary and legislature disagreeing over the NJAC. However, a recent meeting showcased a positive approach to finding solutions to the problems facing the judiciary. It was the Joint Conference of Chief Ministers and Chief Justices of the High Courts on April 24, 2016. <a href="http://www.businessinsider.in/searchresult.cms?query=PRIME+MINISTER+NARENDRA+MODI&amp;sortorder=effectivedate">PM Modi</a>, the <keyword id="6355470" type="CITY" weightage="100" keywordseo="Law">Law</keyword> Minister as well as the <a href="http://www.businessinsider.in/searchresult.cms?query=CJI&amp;sortorder=effectivedate">Chief Justice of India</a>, Justice Thakur and several CM 's were also present during the Joint Conference. 
 The CJI Justice Thakur made an emotional appeal to the PM to look into the problems facing <keyword id="3658" type="COUNTRY" weightage="100" keywordseo="India">India</keyword> regarding enforcing a <keyword id="469810" type="UNKNOWN" weightage="100" keywordseo="rule-of-law">rule of law</keyword>. In what could be described as a brilliant synthesis of the problems facing the judiciary he took up the matter of judicial pendency and its relationship to the judge strength in the country. He mentioned that 60,216 cases were pending before the Supreme Court, and a massive 38,68,000 cases are pending before the High Courts of the country as on April 2016. He alluded to the 1987 Law Commission Report, which clearly mentions the increase of Judge to citizen ratio by five times to 50 judges per million people. He also expressed concern over the slow pace of progress in this regard. At present too the judge to citizen ratio continues to languish at close to 13-14 judges per million people. 
 Moving on the honorable CJI also described the workload of judges in India and mentioned that the Judges in India were above the rest when it came to resolving matters. He alluded to the fact that in the US the nine judges resolved 81 matters in a year while in India each judge resolved close to 2600 matters in a year. Other issues in his address touched upon matters of commercial courts which are supposed to providing corporates a better and efficient environment for the resolution of disputes. But the CJI mentioned the approach of selling 'old wine in new bottle' namely of changing names of courts and not providing the infrastructure required results in the converse of what the initial objective was in setting up these commercial courts - namely of projecting a credible image of <keyword id="172036" type="UNKNOWN" weightage="100" keywordseo="Indian-judiciary">Indian judiciary</keyword>. Overall, the CJI Thakur spoke with honour and a rare emotionality and put forth a case for better and efficient access to justice for the litigants and people of India. He appealed to rise to the occasion as justice delivery is a critical prerequisite for development. 
 
In a brief response, PM Modi acknowledged the CJI's concerns by mentioning that they were important and also mentioned if there are no constitutional boundaries a closed-door discussion could be held where solutions could be found to the problems facing the judiciary between a team of officials of the Government and Judiciary. In addition, he also mentioned that despite the challenges the common man still has faith in the judiciary and this is where it is the responsibility of judiciary as well as the governments to ensure that this trust and faith remains intact. He also mentioned that the there is a need to rid the common man of unnecessary laws, and this is where several laws have already been done away with as these were sometimes used to cause unnecessary litigation. 
 
Overall the discussions were heartening to see. One issue which could have been added to the speech of CJI Thakur was increasing the allocations and funding and capacity building processes for the judiciary. The way ahead for the judiciary and the government is to engage in meaningful discussion so that people of the country are not denied justice. The meeting was a reminder that protection of turf is not the primary role of the various pillars of the state. Their primary role is providing people with access to justice as well as basic goods and services. Hopefully, what has not been implemented since 1987 should get taken up by the present dispensation and implemented. That will be a legacy that citizens of India will remember. 
 
(The article is co-authored with Sankalp Sharma, Senior Researcher at the Institute for Competitiveness, India. Amit Kapoor is Chair, Institute for Competitiveness &amp; Editor of Thinkers. The views expressed are personal. Amit can be reached at <a href="mailto:amit.kapoor@competitiveness.in">amit.kapoor@competitiveness.in</a> and tweets @kautiliya) 
 
Image credit: Indiatimes

Considerations on the Rule of Law

Succeeding <keyword id="2501349" type="ORGANIZATION" weightage="80" keywordseo="Justice-HL-Dattu">Justice HL Dattu</keyword>, Justice T S Thakur will become the next <keyword id="45053" type="POSITION" weightage="80" keywordseo="Chief-Justice-of-India">Chief Justice of India</keyword>. 
 
Justice Thakur, the senior-most judge of the apex court, will take over as the CJI after Justice Dattu retires on December 2. 
His name was recommended to the government by Justice Dattu on Monday, official sources said. 
 
After the law ministry clears the file of Justice Thakur's appointment, it would be sent to the Prime Minister's Office. His Warrant of Appointment will be issued when the President clears it. 
 
Justice Thakur, who would be the 43rd CJI, was born on January 4, 1952 and enrolled as a Pleader in October 1972. He began practising in the Jammu and Kashmir High Court and dealt with all types of matters, including civil, criminal, tax and Constitutional and service cases. 
He then joined the chamber of his father D D Thakur, an eminent advocate who became a judge of Jammu and Kashmir High Court and later a union minister. 
 
Justice Thakur, who was elevated as a judge of the <a href="http://economictimes.indiatimes.com/topic/Supreme-Court" target="_blank">Supreme Court</a> and assumed charge on November 17, 2009, would have a tenure of little over one year. He would retire as CJ on January 4, 2017. 
 
63-year-old Justice Thakur headed the bench which had delivered the verdict in the IPL spot-fixing and betting scandal in January this year. 
Justice Thakur was designated as a senior advocate in 1990. On February 16, 1994, he was appointed as an additional judge of the J&amp;K High Court and transferred as a judge of the Karnataka High Court in March, 1994. 
 
He was appointed as a permanent judge in September 1995 and transferred to Delhi High Court in July 2004. 
 
Justice Thakur was appointed as acting Chief Justice of Delhi High Court on April 9, 2008 and on August 11, 2008, he took over as Chief Justice of the Punjab and Haryana High Court. 
 
Image credit: Indiatimes

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