21
Thursday
June 2018
4:12 AM IST
News Headlines
Yo-Yo effect: BCCI for fitness tests before selection        Tick, Tock: Time running out for Messi to deliver        Google announces training programme for journalists        Sensex tanks 261 pts as US-China trade spat escalates        Merkel, Macron search for reforms to halt EU 'disintegration'        S Korea, US confirm suspending military drills        Naveen Patnaik too seeks spl category status for his state        Kumaraswamy refutes reports of Cong-JDS differences on budget        Kejriwal calls off nine day sit-in        J-K govt collapses after BJP pulls out of alliance with PDP        Two-goal Kane gives England 2-1 World Cup opening victory over Tunisia in Volgograd        India's Srija stuns fancied Belgian Anna at women chess meet        FCA India launches Jeep Compass variant at Rs 17.53 lakh        Iraq force accuses US of killing 22 of its fighters in Syria        Merkel gets ultimatum from hardline ally over migrants        ED files fresh charge sheet against Mallya, prepares for fugitive tag        Rahul writes to slain scribe's father, offers condolence        India, China, Pakistan trilateral cooperation can help maintain peace: Beijing's envoy        Open to discussions: Delhi officers after CM's assurance on security        Fresh FIR filed against Nirav Modi for possessing multiple Indian passports        
Home   | Main News   | Kerala  | National   | International  | Business   | Sports   | Entertainment   | Columns   | Offbeat   | About Deepika 
National News
SC to examine Shanti Bhushan's PIL on allocation of cases
 
(New Delhi, Apr 13, 2018): The Supreme Court today decided to examine a PIL filed by former law minister Shanti Bhushan challenging the existing roster practice of allocation of cases by the Chief Justice of India (CJI).

A bench comprising Justices A K Sikri and Ashok Bhushan sought the assistance of Attorney General K K Venugopal and Additional Solicitor General Tushar Mehta in dealing with the PIL stating that the CJI cannot exercise arbitrary power in allocation of cases.

The apex court will now hear the matter on April 27. The bench said it has already held that the CJI is the 'master of roster'.

The bench was referring to the apex court's April 11 verdict, which said the Chief Justice of India is the "first among equals" and occupies a unique position with the "exclusive prerogative" to allocate cases and set up benches to hear cases.

At the outset, senior advocate Dushyant Dave, appearing for Shanti Bhushan, said the petition raises the substantial question of interpretation of constitutional provisions and also questions how matters are being listed in the apex court contrary to the Supreme Court Rules.

Dave claimed the CJI was exercising his power only in in exceptional matters but the apex court registry should be bound by its own rules.

"In democracy there is nothing called absolute discretion," he said, questioning the manner in which some sensitive cases were assigned to particular benches in the top court.

He also clarified that they were not against any individual and don't propose to make any personal allegations against anyone. The bench, however, said it would be "very difficult" to decide which was a sensitive matter and which was not.

"As far as CJI being the 'master of roster' is concerned, there is no dispute. In a way you are challenging the manner in which this power is exercised," the bench said.

The bench, after hearing the submissions, told ASG Tushar Mehta, who was present in the court room, that it would like to have the assistance of the attorney general or him in the matter.

Bhushan's petition came up for hearing a day after a bench headed by Justice Chelameswar, who is the most senior judge after the CJI, refused to order its listing saying he did not want his order to be reversed again in 24 hours.

After Chelameswar's refusal, Bhushan's son and advocate Prashant Bhushan mentioned the matter before a bench headed by the CJI which had allocated it for hearing before a bench headed by Justice A K Sikri, who is number six in seniority.

When Shanti Bhushan filed the PIL, Prashant Bhushan had written to the secretary general of the apex court stating that the matter should not be listed before a bench that includes the CJI.

The petition names the CJI as one of the respondents along with the registrar of the Supreme Court.

In his PIL, Shanti Bhushan has stated that the "master of roster" cannot be unguided and unbridled discretionary power, exercised arbitrarily by the CJI by hand-picking benches of select judges or by assigning cases to particular judges.

The petition said the CJI's authority as the master of roster is "not an absolute, arbitrary, singular power that is vested in the chief justice alone and which may be exercised with his sole discretion".

It said that such an authority should be exercised by the CJI in consultation with the senior judges of the Supreme Court in keeping with the various pronouncements of the court.

The petition assumes significance in light of the January 12 press conference when the judges said the situation in the top court was "not in order" and many "less than desirable" things have taken place.(PTI)


Naveen Patnaik too seeks spl category status for his state
Kumaraswamy refutes reports of Cong-JDS differences on budget
Kejriwal calls off nine day sit-in
ED files fresh charge sheet against Mallya, prepares for fugitive tag
Rahul writes to slain scribe's father, offers condolence
India, China, Pakistan trilateral cooperation can help maintain peace: Beijing's envoy
Vajpayee better, hopeful of full recovery in next few days: AIIMS director
Congress wins Jayanagar assembly seat in Karnataka
Alappuzha and Thiruvananthapuram offer models of decentralized waste management systems
Bhaiyyu Maharaj, Spiritual Guru To Top Politicians, Commits Suicide
Atal Bihari Vajpayee admitted to AIIMS with kidney issues, undergoing dialysis
Will file petition in HC on PM Modi’s attendance in Parliament: AAP
India cannot be run by 3 people, Oppn will unite in 6 months to a year: Rahul Gandhi
Cheque given by CM Yogi Adityanath to UP board topper bounces
Did not expect this from Pranab da: Ahmed Patel on former prez addressing RSS event
PM Modi to meet Xi Jinping at sidelines of SCO Summit
Karnataka cabinet expansion: 25 ministers join HD Kumaraswamy government
Amit Shah meets Uddav Thackeray
NRI marriages to be registered within 48 hours: Maneka Gandhi
Congress Flags 60 Lakh 'Fake Voters' In Madhya Pradesh, Probe Ordered
ENTERTAINMENT NEWS
I am a big flop actor: Karan Johar
 (Mumbai, May 5, 2018): Filmmaker Karan Johar is in mood to take up full-fledged acting jobs.  
Bittersweet moment for us: Akshaye on Vinod Khanna's Dadasaheb Phalke honour
Happy Sonam is getting married, Anand a great guy: Harshvardhan Kapoor
Auctioning 'Rustom' costume for good cause: Akshay Kumar
INTERNATIONAL NEWS
Merkel, Macron search for reforms to halt EU 'disintegration'
 Meseberg (Germany), Jun 19 (AFP) German Chancellor Angela Merkel hosted French President Emmanuel Ma
S Korea, US confirm suspending military drills
Iraq force accuses US of killing 22 of its fighters in Syria
Merkel gets ultimatum from hardline ally over migrants
KERALA NEWS
Kerala among 13 states on thunderstorm alert
 (New Delhi, May 7, 2018): Thunderstorms accompanied by squall, hail and heavy rains are likel
Kerala Karshaka Jadha Opens to a Great Beginning / Video
Malappuram press club attack: RSS workers nabbed
Workers injured in mudslide at construction site
Untitled Page
Rashtra Deepika LTD
Copyright @ 2017 , Rashtra Deepika Ltd.