13012018-TTC-01.qxd 1:17 AM Page 1 13 NEW BATCH STARTED RESULT- 2017 Total Students 1/13/2018 Qualied for Mains-2017 38 35 Qualied for Interview-2017 23 RESULT LEAVES NO SCOPE FOR COMPARISON (by Satinder Sir) ਪੰਜਾਬੀ ਿਲਟਰੇਚਰ MALUKA’S IAS established in 1881 9910133084, 9718857646 SCO 223, SECTOR 36-D, 2nd Floor, Chandigarh saturday, january 13, 2018 77, 3rd Floor,Near Axis Bank,Old Rajinder Nagar Delhi-60 For online classes www.malukaias.com late city chandigarh | gurugram | jalandhar | bathinda | jammu | srinagar | www.tribuneindia.com | vol. 2 no. 13 | 30 pages | ~5.00 | regd. no. chd/0006/2018-2020 /thetribunechd /thetribunechd 4 top SC judges vs CJI, in ‘public interest’ ❝ PTI We tried to persuade the CJI to take steps but failed... the four of us are convinced that unless this institution is preserved and it maintains its equanimity, democracy will not survive — Justice Jasti Chelameswar Justice Kurian Joseph Justice Jasti Chelameswar Justice Ranjan Gogoi Justice Madan B Lokur In virtual revolt, say all not in order Satya Prakash Tribune News Service New Delhi, January 12 In an unprecedented move, four seniormost judges of the Supreme Court on Friday held a press conference and publicly criticised Chief Justice of India Dipak Misra for allocating cases to judges in an arbitrary manner. Justices J Chelameswar, Ranjan Gogoi, MB Lokur and Kurian Joseph — who left their pre-lunch judicial work mid-way and assembled at Justice Chelameswar’s residence for the press conference at 12.15 pm — said the situation in the Supreme Court was “not in order” and many “less than desirable” things had taken place in the last few months. The judges — who are part of the collegium headed by the CJI — said they decided to talk to the media and inform the nation after failing to persuade the CJI to take remedial measures. “There have been instances where cases having far-reaching consequences for the nation and the institution had been assigned by the Chief Justices of this court selectively to the Benches of their preference without any PRESS MEET COULD HAVE BEEN AVOIDED: AG New Delhi: Attorney General KK Venugopal on Friday said the unprecedented move by the four senior SC judges in holding a press conference “could have been avoided” and the judges would now have to act in “statesmanship” to ensure complete harmony. Venugopal, who had a meeting with Chief Justice of India Dipak Misra after the press conference, expressed hope that all judges, including the CJI, would rise to the occasion and “wholy neutralise” the “divisiveness”. “What has happened could have been avoided. The judges will now have to act in statesmanship and ensure that the divisiveness is wholly neutralised and total harmony and mutual understanding will prevail,” he said. “This is what all of us at the Bar want and I am sure that the judges, including the CJI, will rise to the occasion,” he said. PTI OPINION: An honourable disagreement OPED: Text of 4 SC judges’ letter to CJI rational basis for such assignment,” read a seven-page letter addressed to the CJI by the four judges. The letter asserted that all judges of the Supreme Court were equal and the CJI was only the first among equals. “The convention of recognising the privilege of the Chief Justice to form the roster and assign cases to different members/Benches of the court is a convention devised for a disciplined and efficient transaction of business of the court, but not a recognition of PAGE 10 PAGE 11 any superior authority, legal or factual, of the Chief Justice over his colleague,” it read. “We tried to persuade the CJI to take steps but failed. Unless the institution of Supreme Court is preserved, democracy won’t survive in this country,” Justice Chelameswar said. “...We were left with no choice except to communicate it to the nation that please take care of the institution... Don’t want people to say 20 years later that we did not take care of the institu- tion... that Justices Madan B Lokur, Kurian Joseph, Ranjan Gogoi and Jasti Chelameswar sold their souls… they didn’t take care of this institution and this nation. Therefore, we placed facts before the nation,” said Justice Chelameswar. Asked if the unprecedented decision to address the media related to Judge BH Loya case, Justice Chelameswar simply said, “We are making a copy of the letter available.” Justice Gogoi said, “Yes.” A petition seeking an independent probe into the mysterious death of Loya came up for hearing before an SC Bench headed by Justice Arun Mishra, which termed it “a serious issue” and asked the Maharashtra government counsel to get instructions by Monday. For the Bombay Lawyers Association, senior advocate Dushyant Dave requested the Bench not to take up the petition as the HC was hearing the issue. Meanwhile, at the press conference, Justice Gogoi said, “It is discharge of a debt to the nation that has brought us here.” To a question on possible impeachment of the CJI, Justice Chelameswar said, “We are no one to impeach.” At the very outset, Justice Chelameswar described it as “an extraordinary event in the history of any nation, more particularly this nation, and an extraordinary event in the institution of judiciary.” He said, “With no pleasure in our hearts, we were compelled to take this decision to call for a press conference. But sometimes the administration of the Supreme Court is not in order. Many things, which are less than desirable, have happened in the last few months. “Time and again, as senior members of the court... we thought we owed responsibility to the institution... to the nation; we tried to collectively persuade the Chief Justice that certain things are not in order, therefore he should take remedial measures. Unfortunately, our efforts failed. All... four of us are convinced that unless this institution is preserved and maintains its equanimity, democracy will not survive in this or any country... it is said the hallmark of a good democracy is an independent and impartial judges... symbolically, the institution,” said Justice Chelameswar. Judge Loya’s death must be probed at top level: Rahul Aditi Tandon Tribune News Service New Delhi, January 12 The Congress today described the public stand taken by four seniormost Supreme Court judges on the functioning of the apex court as “unprecedented and extremely disturbing” and sought “careful redressal” of these concerns by the “full apex court”. The party aligned itself with SC judges by demanding a probe into the death of CBI judge BH Loya, who was hearing the Sohrabuddin Sheikh encounter case in which BJP president Amit Shah among others is a party. “SC judges have raised the issue of death of Judge Loya. This has to be addressed at the highest levels in the Supreme Court. SC judges at the top must investigate Judge Loya’s death,” Congress president Rahul Gandhi said this evening. “What has happened is unprecedented. Judges have flagged a threat to democracy. These issues need to be looked at carefully,” Gandhi said. A decision to align with ‘NO JUDGE CAN ASK FOR PARTICULAR CASE’ New Delhi: Sources close to Chief Justice of India Dipak Misra denied the allegations (of the four Supreme Court judges), saying judicial works were allocated fairly as per procedure. “All judges are equal and no judge can ask for a particular case to be allocated to him or her,” they said. TNS rebel SC judges was taken after a meeting at Gandhi’s residence today, attended by veteran Ahmed Patel and former ministers and legal luminaries P Chidambaram, Kapil Sibal, Salman Khurshid and Manish Tewari. The Congress demanded that the PIL concerning judge Loya’s death be entrusted to the seniormost judges and a probe into the death be conducted under supervision by an independent special investigation team. Noting today’s developments as “extremely disturbing”, Congress media head Randeep Surjewala articulated a “guarded” party position and stopped short of accusing the judiciary of favouring the BJP government and its leaders. The Congress argued that concerns raised by the judges today should be resolved internally by the judiciary. “We earnestly appeal that the full court should take up issues raised…and find solutions consistent with judicial traditions,” a party statement said. On assignment of cases, though, the Congress decided to advise the SC to follow the established conventions and stop selective assignment of cases. MORE REPORTS ON PAGES 7, 8 Judiciary will resolve it: Govt Neerja killers’ age-progressed photos out New Delhi, January 12 The government today decided that it would not intervene in the issue of four senior Supreme Court judges dubbing the situation in the top court as “not in order”, saying the judiciary as an institution has the strength and would resolve the matter itself. Calling the development as unprecedented, sources in the government said they would prefer to adopt a waitand-watch policy, claiming time has a great role to play in this matter. “Our judiciary is reputed all over the world, is independent and will sort out the matter itself,” Minister of State for Law PP Chaudhury said. Sources said since it was an internal matter of the judiciary, the government had no say in it and did not Luthra case on MoP in focus The four SC judges, in their letter to the CJI, referred the case of RP Luthra vs Union of India, which dealt with the ‘Memorandum of Procedure’, to raise questions about the assignment of cases “selectively” to preferred Benches without any rationale. The letter said “when the MoP was the subject matter of a decision of a Constitution Bench, it is difficult to understand as to how any other Bench could deal with the matter”. On October 27 last year, a two-judge Bench had agreed to examine the delay in finalisation of MoP NEW DELHI: wish to interfere. But, they added that the SC should settle the issue at the earli- for appointment of judges in the higher judiciary on judicial side and had sought a response from the AG. RP Luthra, a lawyer himself, had challenged the appointments in the absence of MoP which was , to be finalised in the wake of the National Judicial Appointments Commission (NJAC) verdict. The letter, written two months back to the CJI, also mentioned about the verdict in the NJAC case, in which the Centre was asked to frame the new MoP in consultation with the CJI. PTI est as the faith of the people in the judiciary was at stake. — TNS Washington, January 12 The US Federal Bureau of Investigation (FBI) on Friday released “age-progressed” photographs of four alleged hijackers charged with the 1986 hijack of Pan Am Flight 73 that killed 20 people, including Indian flight attendant Neerja Bhanot. The alleged hijackers are Wadoud Muhammad Hafiz al-Turki, Jamal Saeed Abdul Rahim, Muhammad Abdullah Khalil Hussain arRahayyal, and Muhammad Ahmed al-Munawar. These images were created by the FBI laboratory using age-progression technology and original photographs obtained by them in 2000, a media release said. The September 5, 1986 storming of Pan Am Flight 73 which had landed in Karachi from Mumbai resulted in the 1986 PAN AM HIJACKING $5 MILLION FBI BOUNTY ON EACH Neerja Bhanot, 22, a flight attendant from Chandigarh, lost her life trying to save 379 lives. She was posthumously awarded Ashok Chakra Wadoud Muhd Hafiz al-Turki killing of 20 passengers and crew, including two Americans, the attempted murder of 379 passengers and crew, and the wounding of more than 100 persons on board. The Department of State Jamal Saeed Abdul Rahim Rewards for Justice Programme has offered a reward of up to $5 million each for information leading to the arrest and/or conviction of the alleged hijackers. Each of these individuals Today’s issue consists of 30 pages, including four-page The Tribune Trends and four-page Bathinda Tribune. Muhd Ahmed al-Munawar Muhd Abdullah Khalil ar-Rahayyal are believed to have been members of the Abu Nidal Organisation (ANO), previously on the US State Department’s list of designated Foreign Terrorist Organisations. Each of them are on the list of FBI’s most wanted terrorists. Bhanot, who headed the attendants on the flight, lost her life while protecting the passengers. She was posthumously awarded the Ashok Chakra for her bravery. — PTI
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