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Hans India
7 days ago
- Politics
- Hans India
Cash row: CJI Gavai likely to recuse from hearing Justice Varma's plea, assures urgent hearing
The Supreme Court on Wednesday hinted that the Chief Justice of India (CJI) B.R. Gavai-led Bench will not likely take up for hearing the plea filed by Justice Yashwant Varma challenging his indictment by the three-member in-house committee in the cash-discovery episode. This unfolded when senior advocate Kapil Sibal, representing Justice Varma, urged CJI Gavai to constitute a Bench for urgent hearing of the matter. At this, CJI Gavai said, 'I think that it may not be proper for me to pick up that matter because I was part of the conversation'. However, the CJI assured Sibal that a Bench will be constituted to hear the plea filed by Justice Varma. 'We will just take a call and constitute a Bench,' said CJI Gavai. The writ petition filed by Justice Varma sought to quash the communication forwarded by then CJI Sanjiv Khanna to the President and then Prime Minister to take action against Justice Varma. As per the petition, the in-house panel acted in a 'pre-determined manner' and denied Justice Varma a fair opportunity to defend himself. On Monday, 145 MPs from both the ruling and Opposition parties submitted an impeachment notice against Justice Varma to Lok Sabha Speaker Om Birla. Justice Varma has been in the eye of a storm since the March 14 discovery of the burnt cash in an outhouse of his official residence allotted to him while serving in the Delhi High Court. Following the cash-discovery row, which sent shockwaves across the judicial corridors, Justice Varma was repatriated to the Allahabad High Court, and an in-house probe was set up to probe the allegations. According to the probe committee, both direct and electronic evidence confirmed that the storeroom was under the covert or active control of Justice Varma and his family. By way of strong inferential evidence, the in-house panel said the burnt cash was removed from the storeroom during the early hours of March 15. In conclusion, the three-member inquiry committee, comprising Chief Justice Sheel Nagu of the Punjab and Haryana High Court, CJ G.S. Sandhawalia of the Himachal Pradesh HC and Karnataka HC's Justice Anu Sivaraman, found the allegations serious enough to merit impeachment proceedings against Justice Varma. It opined that Justice Varma's misconduct was not only proven but also grave enough to warrant his removal under Article 124(4) of the Constitution.
New Indian Express
22-07-2025
- New Indian Express
'Kama ke khana chaiye': SC slams woman for demanding BMW, Mumbai house in alimony
NEW DELHI: 'Aap itni padi likhi hain. Aapko khud maangna nahi chahiye, aapko khud kama ke khana chahiye' (You are well educated; you should not ask for things but rather earn your living), the Chief Justice of India (CJI) told a woman who was seeking excessive maintenance from her estranged husband in a marital dispute case. The woman had approached the apex court demanding a luxury flat in Mumbai, Rs 12 crore in maintenance, and a BMW car. The CJI observed that the demands were excessive and slammed her for making such extravagant claims, suggesting instead that she should work and earn a living, given her qualifications. When the woman insisted on having a luxury flat in a particular area, the CJI responded, 'But that house is in Kalpataru, which is built by one of the top builders.' The court advised her to pursue a career in her field, noting that she had a background in IT. 'You have done your MBA. You are in demand in Bengaluru and Hyderabad. Why don't you work?' asked the CJI. Questioning the rationale behind such a large alimony claim, the court remarked, 'You were married for just 18 months. And you want a BMW?' 'You are practically asking for an alimony of Rs 1 crore for every month of your 18-month marriage,' the CJI noted. In her defense, the woman justified her demand based on her husband's wealth and accused him of abandoning her unfairly. 'He is very rich. He sought annulment, claiming I'm schizophrenic. Do I look schizophrenic, my lords?' she said to the bench. The woman further argued that her husband, a former Citibank manager who now reportedly runs two businesses had forced her to quit her job. Due to the extravagant maintenance claim, the court examined the husband's tax returns, as his lawyers argued that his income had declined after he left his job. After hearing both sides, the CJI advised the woman to "be satisfied" with the flat and take up a "good job". In a constructive suggestion, the court told her:, You better take those four crore, find a good job in Pune, Hyderabad, or Bangalore. There is demand in IT centres.' Supporting the CJI's view, senior advocate Madhavi Divan, representing the husband, said the woman must also take responsibility for her livelihood. 'She has to work too. Everything cannot be demanded like this,' Divan said.
India Today
22-07-2025
- Politics
- India Today
When India's Vice-President quit mid-term and CJI had to fill in as President
Fifty-six years before Jagdeep Dhankhar's surprising resignation from the post of Vice-President on Monday, India witnessed the first resignation of a Vice-President in 1969. But far from the intrigue in the Dhankhar case, the 1969 resignation was forced by circumstances and eventually resulted in the Chief Justice of India (CJI) taking charge of the Republic as the President of the sudden death of President Zakir Husain in May 1969, Vice-President VV Giri stepped down from his post to run for the President's led to the young Republic facing a unique situation, where Giri's resignation to run for the President's post resulted in the CJI, Mohammad Hidayatullah, taking charge as the President. His tenure lasted a month, until VV Giri was elected and sworn in as the full-time President of India. For over a month, the CJI was the acting President of India, and even hosted then US President Richard Nixon at the Rashtrapati Dhankhar's resignation on Monday, citing health reasons, makes him the fourth Vice-President to quit without completing his 5-year term. While Dhankhar's case is exceptional, the others quit to run for the President's than Giri, Ramaswamy Venkataraman (1987) and Shankar Dayal Sharma (1992) were the other two who quit mid-term and contested presidential resignation provides an opportunity to revisit the VV Giri chapter and examine how the CJI became the acting Article 67(a) of the Indian Constitution, a Vice-President may resign by submitting a written notice to the President, effective immediately upon acceptance. In the absence of a Vice-President, the Deputy Chairman of the Rajya Sabha assumes interim duties, while the Chief Justice of India (CJI) may act as President if both offices are vacant, as outlined in the President (Discharge of Functions) Act, these provisions that enable transitions in India's top leadership to take place smoothly, in accordance with the OF AN INDIAN PRESIDENT, AND A FRACTURED CONGRESSOn May 3, 1969, President Zakir Husain, who had been the Vice-President between 1962-1967, died in office. A constitutional crisis was India's third President, Husain was a respected figure, and his passing left the presidency the time, the Congress party was grappling with internal party was split between the old guard, known as the Syndicate, and the faction led by then-Prime Minister Indira rift set the stage for the contentious presidential election of VV Giri, who had been serving as acting President following Husain's death, emerged as a key figure in the unfolding political Congress faced pressure to select a candidate who could have the support and unify the factions. But the divide between the Syndicate (namely the Congress Organisation) and Gandhi's supporters Congress (Requisitionists) made consensus elusive.A PRESIDENTIAL BID IN INDIA LIKE NO OTHER; VV GIRI WON BY A NARROW MARGINadvertisementThe Syndicate, a group of senior Congress leaders, including K Kamaraj and Morarji Desai, sought to assert control over the presidential favoured Neelam Sanjiva Reddy as their candidate, believing he would align with their conservative faction. Meanwhile, Indira Gandhi, pushing for greater influence within the party, backed VV Giri, who was seen as more sympathetic to her pursue the presidency, Giri, acting as the President, resigned as the Vice-President on May 13, 1969. The move was an unprecedented one as no Vice-President had election became a battleground for control of the Congress Party. Giri, running as an independent candidate with Gandhi's support, faced Reddy. Gandhi called for a "conscience vote", allowing Congress MPs to vote won the election in August 1969, by a narrow margin. He secured 4,20,077 votes against Reddy's 4,05,427, becoming India's fourth CJI WELCOMED US PRESIDENT NIXON, AS A PRESIDENTWith both the presidency and vice-presidency vacant after Giri's resignation, an interim arrangement was required. From May to August 1969, the Vice-President's post remained vacant for more than 100 President's role, temporarily assumed by Vice-President VV Giri in May, came to an end in July after he resigned, having discharged the duties of both offices for over two was then, based on the provisions of the Constitution and the President (Discharge of Functions) Act, 1969, enacted just before this crisis, the Chief Justice of India acted as the Chief Justice of India Mohammad Hidayatullah assumed the role of acting President from July 20, until Giri's inauguration on August tenure as the acting President became historic when he hosted US President Richard Nixon during his official visit to India. He even delivered a formal address at Rashtrapati Bhavan's Banquet Hall, according to the American Presidential Project, a digital archive maintained by the University of a short tenure of a month, as Article 62 of the Constitution mandates that a presidential election must be held within six months of a vacancy, Hidayatullah's stint came to an end after Giri took the oath of India's highest office on August becoming a full-time Vice-President, Hidayatullah went on to act as President thrice in the 1980s during President Zail Singh's foreign part of post-Independence lore, this precedent gains some renewed relevance in 2025. However, now, Dhankhar's resignation has paved the way for an election to fill the Vice-President's post in six months.- Ends
Indian Express
05-07-2025
- Politics
- Indian Express
For the first time, SC introduces OBC quota for staff recruitment
The Supreme Court has for the first time introduced reservation for Other Backward Classes (OBCs) in recruitment of its staff. This comes after the top court came out with a roster specifying the post-wise quota for Scheduled Castes (SCs) and Scheduled Tribes (STs) in matters of recruitment and promotion. A gazette notification dated July 3 said that the Chief Justice of India, in exercise of the powers conferred by clause (2) of Article 146 of the Constitution, amended Rule 4A of the Supreme Court Officers and Servants (Conditions of Service and Conduct) Rules, 1961. As per the amended Rule 4A, 'Reservation in direct recruitment to various categories of posts specified in the Schedule, for the candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Physically Challenged, Ex-servicemen and dependant of Freedom Fighters shall be in accordance with the Rules, orders, and Notifications issued from time to time by the Government of India in respect of posts carrying the pay scale corresponding to the pay scale prescribed for the post specified in the Schedule, subject to such modification, variation or exception as the Chief Justice may, from time to time, specify.' Though the court had a quota for SC/STs, the Rules did not have any provision for OBC quota. Now, it has happened for the first time under CJI B R Gavai. The roster specifying post-wise quota for SCs/STs was done in keeping with the five-judge Constitution Bench ruling in R K Sabharwal vs State of Punjab in 1995. The ruling said that in government appointments, reservation should be post-based (based on the number of posts in a cadre) and not vacancy-based (based on the number of vacancies arising in a given year). The judgment also said there should be separate rosters for direct recruitment and promotion. Under the roster, a post identified for a particular category will continue to remain with it even after the retirement of the person holding the post.
New Indian Express
25-06-2025
- Politics
- New Indian Express
Summoning lawyers over client matters threatens administration of justice, says SC
The Court framed two critical questions for consideration: When an individual is involved in a case solely as a lawyer advising a client, can the investigating agency, prosecution, or police directly summon the lawyer? And even if the agency believes the individual's role goes beyond that of legal counsel, should such instances still require judicial oversight before any summons is issued? Emphasizing the seriousness of the matter, the Court underscored that both questions must be addressed comprehensively, as the integrity and efficacy of the administration of justice are at stake Considering the importance of the matter, the Court ordered that the matter be placed before the Chief Justice of India (CJI) for appropriate directions. Meanwhile, the Court granted interim relief to the lawyer who was summoned by the police in Gujarat. 'There shall be a stay on the High Court order and a stay on the operation of summons and any other notices issued to the petitioner,' the Court ordered. The court order comes just days after a controversy broke out over Enforcement Directorate (ED)'s summons to Senior Advocates Arvind Datar and Pratap Venugopal in relation to an investigation involving the Employee Stock Option Plan (ESOP) granted by Care Health Insurance (CHIL) to former Religare Enterprises Chairperson Rashmi Saluja. Both summons were withdrawn following strong resolutions issued by Bar associations across the country. In response, the ED also issued a circular directing its officials not to summon advocates in violation of Section 132 of the Bharatiya Sakshya Adhiniyam, 2023. The Supreme Court Advocates-on-Record Association (SCAORA) had earlier written to Chief Justice B.R. Gavai, urging the Court to take suo motu cognizance of the increasing instances of lawyers being summoned by investigating agencies.
