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Hans India
17-05-2025
- Politics
- Hans India
CJI Gavai begins with a bang
May 14 of 2025 will go down in the annals of Indian judicial history as a red-letter day for various historic reasons. No sooner was he administered the oath of office by President Droupadi Murmu on Wednesday and he became the 52nd Chief Justice of India (CJI), Justice Bhushan Ramkrishna Gavai entered the record books as only the second Dalit CJI after Justice K G Balakrishnan, and the first Buddhist to occupy the exalted position. However, these statistics apart, Justice Gavai comes with an envious track-record that has earned him the reputation of being a 'fiercely independent' judge for the upright manner with which he handles cases. As the CJI and head of the Supreme Court collegium, he has to reckon with several key issues at a particularly critical time for the judiciary, whose dispute with the executive is mounting by the day and the public's trust in the judicial system is eroding. Meanwhile, for one, who plays by the rule book and is known as a hands-on judge, Justice Gavai commenced his innings as the CJI with a bang. In a demonstration that is indicative of what is to come in the next six months (CJI Gavai is due to retire on November 23), he delivered a ruling, his first judgement as the CJI, which has been the hallmark of his entire career as a judge that took off in 2005 when became a permanent judge and served it with aplomb before being elevated to the Supreme Court on May 24, 2019. He not only declared the Maharashtra government's 1998 decision to transfer forest land to private entities for non-forest use as illegal but also slammed what he termed as 'a classic example of the nexus between politicians, bureaucrats and builders.' In fact, he saw the involvement of the then Revenue minister. This no-holds-barred 'nexus' contention is not surprising as the legal fraternity is aware of his penchant to give a patient hearing to arguments before rendering an authoritative justice as per law. This was evidenced by the deft handling of the defamation case against Rahul Gandhi or while ordering the release of Prabir Purkhayastha, the political activist and founder of NewsClick, who spent 225 days in jail after his arrest by the Delhi Police under UAPA. Justice Gavai has many high-profile cases like the Maharashtra forest land transfer case up ahead. A chilling fact is that there were 82,445 pending cases in the apex court as of January. In the intervening four months, this figure must have increased. One will keenly watch how he handles the more critical and sensitive cases that need to be prioritised like the Places of Worship Act, criminalisation of marital rape and the Waqf Act, among several others, whose outcomes can redefine policy-making exercises. His 'SC can't be aloof when the country is in danger' take, while organising a two-minute silence to express solidarity with the victims of the Pahalgam massacre, or while granting bail on the grounds that a long period of imprisonment without trial exemplifies his humane side. The CJI criticised the Supreme Court Bar Association for not organising a farewell get-together for Justice Bela M Trivedi, after she opted for an early retirement. By maintaining that 'the Association ought not to have taken such a stand,' he showed that it was morally binding to honour traditions per se. GJI Gavai commands respect because he symbolises integrity and fairness in their noblest forms.
The Hindu
23-04-2025
- Politics
- The Hindu
Grounds of arrest to accused: We want to strike balance, says Supreme Court
The Supreme Court on Tuesday (April 22, 2025) called for striking a balance between the state machineries not misusing their powers and the accused not taking advantage of its observations to go free. A Bench of Justices B. R. Gavai and Augustine George Masih was dealing with questions, including whether it would be necessary to furnish grounds of arrest to an accused either before arrest or forthwith after arrest in every case, including even those arising out of offences under the erstwhile Indian Penal Code. Also read: Informing accused grounds of arrest constitutional requirement: Supreme Court 'We want to strike a balance. On the one hand, we don't want the machineries to misuse their power. On the other hand, we also don't want that the accused take advantage of some of our observations and get free,' Justice Gavai observed during the hearing. The apex court said the other question that arose was if the arrest would be vitiated if in exceptional cases, on account of certain exigencies, it would not be possible to furnish grounds of arrest to an accused either before or immediately after the arrest. The Bench reserved its verdict on these legal questions. In February this year, the apex court, in a separate judgement, said the requirement of informing grounds of arrest to an accused was not a 'formality but a mandatory constitutional requirement'. A non-compliance by the police, it said, would amount to violation of fundamental right under Article 22 of the Constitution. In May last year, the top court had declared as 'invalid' the arrest of NewsClick founder Prabir Purkayastha and ordered his release. Purkayastha was arrested in a case lodged under the Unlawful Activities (Prevention) Act (UAPA). Also read: NewsClick founder Prabir Purkayastha released from Tihar after getting bail In its judgement, the apex court said any person arrested over allegations of commission of offences under the UAPA or other offences has a fundamental and a statutory right to be informed about the grounds of arrest in writing. On Tuesday (April 22, 2025), the Bench said the question was whether an accused, who was caught red-handed, should be permitted to get the benefit of the Court's observations on furnishing grounds of arrest. 'Should we forget all the ground realities?' the Bench asked. Some of its verdicts were misused also, it pointed out further. The counsel appearing for one of the petitioners said that furnishing the grounds of arrest to an accused was of vital importance as there was a presumption of innocence until proved guilty by a court of law. The Bench was dealing with three separate pleas arising out of the orders of the Bombay High Court. One of the pleas was filed by an accused in a BMW hit-and-run case of July 2024 in which a woman had lost her life in Mumbai. He challenged the High Court's November 2024 order which rejected his plea seeking to declare his arrest as illegal. Before the High Court, the accused raised the issue of alleged non-furnishing of the grounds of arrest before remanding him to custody. Also read | Opinion: Arrest, agencies, and criminal courts Another petition in the apex court was filed by a woman, the mother of a juvenile who was allegedly involved in the May last year Porsche car crash incident in Pune in which two persons had died. The woman was accused of allegedly switching of the juvenile's blood samples so as to establish that he was not drunk when the accident took place. She challenged in the apex court an order of the High Court which referred a batch of pleas raising the issue concerning grounds of arrest for consideration by a larger Bench. The third petition in the top court also raised the issue over the High Court's order referring the batch of pleas for consideration by a larger Bench.
Hindustan Times
22-04-2025
- Politics
- Hindustan Times
Grounds of arrest to accused: We want to strike balance, says SC
New Delhi, The Supreme Court on Tuesday called for striking a balance between the state machineries not misusing their powers and the accused not taking advantage of its observations to go free. A bench of Justices B R Gavai and Augustine George Masih was dealing with questions, including whether it would be necessary to furnish grounds of arrest to an accused either before arrest or forthwith after arrest in every case, including even those arising out of offences under the erstwhile Indian Penal Code. "We want to strike a balance. On the one hand, we don't want the machineries to misuse their power. On the other hand, we also don't want that the accused take advantage of some of our observations and get free," Justice Gavai observed during the hearing. The apex court said the other question that arose was if the arrest would be vitiated if in exceptional cases, on account of certain exigencies, it would not be possible to furnish grounds of arrest to an accused either before or immediately after the arrest. The bench reserved its verdict on these legal questions. In February this year, the apex court, in a separate judgement, said the requirement of informing grounds of arrest to an accused was not a "formality but a mandatory constitutional requirement". A non-compliance by the police, it said, would amount to violation of fundamental right under Article 22 of the Constitution. In May last year, the top court had declared as "invalid" the arrest of NewsClick founder Prabir Purkayastha and ordered his release. Purkayastha was arrested in a case lodged under the Unlawful Activities Act . In its judgement, the apex court said any person arrested over allegations of commission of offences under the UA or other offences has a fundamental and a statutory right to be informed about the grounds of arrest in writing. On Tuesday, the bench said the question was whether an accused, who was caught red-handed, should be permitted to get the benefit of the court's observations on furnishing grounds of arrest. "Should we forget all the ground realities?" the bench asked. Some of its verdicts were misused also, it pointed out further. The counsel appearing for one of the petitioners said that furnishing the grounds of arrest to an accused was of vital importance as there was a presumption of innocence until proved guilty by a court of law. The bench was dealing with three separate pleas arising out of the orders of the Bombay High Court. One of the pleas was filed by an accused in a BMW hit-and-run case of July 2024 in which a woman had lost her life in Mumbai. He challenged the high court's November 2024 order which rejected his plea seeking to declare his arrest as illegal. Before the high court, the accused raised the issue of alleged non-furnishing of the grounds of arrest before remanding him to custody. Another petition in the apex court was filed by a woman, the mother of a juvenile who was allegedly involved in the May last year Porsche car crash incident in Pune in which two persons had died. The woman was accused of allegedly switching of the juvenile's blood samples so as to establish that he was not drunk when the accident took place. She challenged in the apex court an order of the high court which referred a batch of pleas raising the issue concerning grounds of arrest for consideration by a larger bench. The third petition in the top court also raised the issue over the high court's order referring the batch of pleas for consideration by a larger bench.
Yahoo
17-03-2025
- Health
- Yahoo
Scientists sound alarm on devastating phenomenon affecting major crops: 'No medicine works'
Sugarcane farmers are facing a crisis as a crop disease is threatening their earnings and the global sugar supply, NewsClick reported. Red rot, an aggressive fungal infection, is spreading quickly and devastating sugarcane fields. With the changing climate affecting weather patterns, conditions are becoming more favorable for the disease as well as making crop rotation more challenging for farmers everywhere. In the Indian state of Uttar Pradesh, the sugarcane department warned farmers not to plant specific varieties of sugarcane because of their higher risk of becoming infected, but it seems many ignored or didn't get the message. "Sugarcane will dry up after the disease, and no medicine works," said Dr. RV Ram, deputy sugarcane commissioner, in the report. Scientists think the growing spread of red rot was exacerbated by excess moisture after the monsoon season. They also suggest farmers rotate their crops rather than focus entirely on sugarcane to prevent the disease from wiping out fields. However, the changing climate is making crop rotation unreliable for these farmers. Heatwaves, hail storms, floods, and droughts make it hard to know what crops will be successful. Sugarcane is a major cash crop that supports millions of farmers and workers. As red rot spreads and wipes out fields, it affects not only farmers but also farmhands who depend on harvest volumes for their wages. All of this has a snowball effect. Uttar Pradesh is one of India's top sugarcane-growing states, and with entire fields being wiped out, the supply chain could face widespread shortages. That drives up production and retail prices for anything that's part of that food chain — making groceries more expensive for everyone. Scientists are scrambling for solutions and working on developing red rot-resistant sugarcane varieties, with some success, as published in the Journal of Environmental Biology. However, breeding new strains takes time, and farmers are being affected now. This isn't limited to sugarcane. Experts say we need more investment in agricultural disease research and strategies for adapting to the changing climate. The scientific community is focusing on developing natural fungicides that are better for the environment and our food supply. How often do you worry about the quality of your drinking water? Never Sometimes Often Always Click your choice to see results and speak your mind. With changes to the climate an ongoing concern, agricultural diseases like red rot may become even more widespread. This poses a huge threat to food security all over the world, as these agricultural supply chains are interconnected. Taking measures to protect crops and develop sustainable and eco-friendly farming methods is necessary to protect our food supply in the future. Join our free newsletter for good news and useful tips, and don't miss this cool list of easy ways to help yourself while helping the planet.
