A Bench comprising Justices B.R. Gavai and K.V. Viswanathan, holding that demolition of houses and properties of accused and convicts without a court Order is against the ‘rule of law’, has issued guidelines and said erring officials will be held personally liable.
Earlier today, media reports suggested that “burning cash” was discovered in the residence of sitting judge of the Delhi HC, Justice Yashwant Varma. Following this, reportedly, the Collegium has decided to repatriate Justice Varma to the Allahabad HC.
Judging from the manner in which appointments of judges to High courts are made from among the recommendations of the Collegium, it would appear that the Government have the power to determine the seniority of judges on the all Indian list and in the High Court. This has in the past led to frustration among proposed appointees sometimes leading them to withdraw their consent to be Judges. Apart from allowing for manipulation in the matter of appointments, it could lead to loss of talent and diversity on the Bench.
The Supreme Court ruled that providing grounds of arrest is a mandatory constitutional right, not a formality. Failure to do so violates Articles 21 and 22(1), rendering the arrest illegal and cannot be justified by later judicial remand.
The petition argues that under the BNS even as the language has been altered, the substantive content of the infamous Section 124A of the IPC remains intact.
The move follows serious reservations expressed by CJI Gavai against the order, and a letter signed by thirteen senior judges of the Allahabad HC calling to defy the Supreme Court’s order.
While Collegium resolutions denoting transfers are not known to provide detailed reasons, the resolution recommending Justice Dharmadhikari’s transfer noticeably does not even mention that the same is being done for ‘better administration of justice’, a phrase habitually invoked to justify transfer decisions
On March 22, the Supreme Court uploaded the report of Chief Justice D.K. Upadhyaya submitted to CJI Sanjiv Khanna and additional documents, including an alleged video recording of sacks of burnt currency in the storehouse of the residence of Delhi High Court judge, Justice Yashwant Varma. We trace a comprehensive timeline of key developments, and put forward the ten key questions at the heart of the matter.
On April 1, when a bench of Justices Bela Trivedi and Satish Sharma lambasted a young AOR who was previously directed to embarrassingly show his travel tickets for absence in an earlier hearing, members of the SCBA and SCAORA stood firmly by their colleague. In India, where the Bar and the Bench remain in a hierarchical, unequal arrangement, this was a crucial moment of resistance
If the Union appoints him, Justice Joymalya Bagchi is set to become the Chief Justice of India in 2031, the first to become so from the Calcutta HC since CJI Altamas Kabir retired twelve years ago. CJI Sanjiv Khanna’s elevation to the top Court also came through similar circumstances. And there too, regional representation had been a critical consideration.
