Justice Dave will not be hearing judicial bills case

After the notification of NJAC court’s senior judge Justice Dave will serve on the commission

GN Bureau | April 15, 2015


#constitution bench   #Supreme Court   #Justice Dave   #Fali Nariman   #Mukul Rohatgi  

The hearing by a constitution bench on the constitutional validity of the National Judicial Appointment Commission Act and the constitutional amendment did not begin on Wednesday as Justice Anil R Dave recused himself from the bench following objections by petitioner SCAORA.

Justice Dave, being the senior-most judge on the constitution bench, was presiding over it. Because of his seniority he will also be part of the NJAC.  Besides Justice Dave, the other judges on the constitution bench are Justice J. Chelameswar, Justice Madan B. Lokur, Justice Kurian Joseph and Justice Adarsh Kumar Goel.

However, Justice Dave recused himself from the hearing after senior counsel Fali Nariman, appearing for the Supreme Court Advocate-on-Record Association (SCAORA), sought declaration that Justice Dave will not take part in the proceedings of the NJAC.

The SCAORA submitted a note and said that after the notification of the Constitution (Ninety-Ninth Amendment) Act 2014 and the National Judicial Appointment Commission Act, 2014 as a consequence, "Justice Anil R. Dave, has now become (not out of choice but by force of Statute) a member ex-officio of the National Judicial Appointment Commission, whose constitutional validity has been challenged".

The SCAORA said that it would be appropriate if "it is declared at the outset by an order of the ... court - that the presiding judge on this bench will take no part whatever in the proceedings of the National Judicial Appointment Commission".

Faced with the declaration sought by the SCAORA, Justice Dave recused himself from hearing the matter.

However, the submission of Nariman was opposed by Attorney General Mukul Rohatgi and Supreme Court Bar Association (SCBA), which had supported the Centre in its endeavour to replace the two- decade-old collegium system of appointment of judges by the judges.

Rohatgi contended that the suggestion of SCAORA is wholly regrettable and condemnable. He was supported by SCBA President who said that SCAORA's objection was preposterous.

Comments

 

Other News

NALCO aims at making country country self-reliant in strategic minerals

In its bid to make the country self-reliant in the areas of 12 strategic minerals that are either not available in India or not available adequately, National Aluminium Company (NALCO), HCL and Mineral Exploration Corporation Limited (MECL), the CPSEs of ministry of mines have inked an agreement.

Facebook`s Ten Commandments to fights fake news

Social media giant Facebook has offered “tips for spotting false news” as part of its campaign to combat spread of misinformation. In a full-page advertisement in sections of print media, Facebook offered the tips, along with the tagline: “Together, we can limit the spread

Aiming disinvestment, ITDC properties to be transferred

The central government has agreed to transfer Hotel Jaipur Ashok at Jaipur and Lalitha Mahal Palace Hotel at Mysore of India Tourism Development Corporation Ltd (ITDC) to Rajasthan and Karnataka governments, respectively and disinvest ITDC shares in Donyi Polo Ashok Hotel Corporation. The ca

Rohingyas in India are illegal immigrants: Rajnath Singh

Rohingya people who have entered India are not refugees but illegal immigrants, home minister Rajnath Singh has said, as they have not followed the due procedure to acquire a refugee status. “By deporting Rohingyas from India, we are not violating any international law. India is not a

In Yogi regime, police return to notorious past of encounter killings

Lucknow, September 15 The Uttar Pradesh Police releases official data on crime control under the new dispensation of Chief Minister Yogi Adityanath. Reveals that in 180 days of the new government, 420 encounters have taken place leading to the elimination of 15 supposedl

India-Africa relations: A peep into energy ties

Since the dawn of this century, owing to their growing interdependence, India’s ties with the African states have gradually been acquiring significance in a rapidly globalising world. Such interdependence is manifesting itself quite clearly in economic, developmental and politico-strategic spheres of



Video

Current Issue

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter