1. 9 New Supreme Court Judges Take Oath; Working Strength Rises To 33, With One Vacancy
In a first, nine new judges took oath as Supreme Court judges in one go on Tuesday. Also, it is for the first time in the History of India three women Judges are appointed to the Supreme Court in one go.
Chief Justice of India NV Ramana administered the oath to the newly sworn-in judges.
The new Judges are (in the order of seniority):
Justice A.S. Oka: Justice Abhay Sreeniwas Oka was elevated from the post of the Chief Justice of the Karnataka High Court. His parent High Court is Bombay. At the Supreme Court, he has a term till May 25, 2025.
Justice Vikram Nath: Justice Vikram Nath was elevated from the post of Chief Justice of the Gujarat High Court. His parent High Court is Allahabad. He is in the seniority line to become the Chief Justice of India for about seven months in 2027
Justice J K Maheshwari: Justice JK Maheshwari was elevated from the post of the Chief Justice of the Sikkim High Court. Earlier, he was the Chief Justice of the Andhra Pradesh High Court. His parent High Court is Madhya Pradesh. At the Supreme Court, he will have a term till June 29, 2026.
Justice Hima Kohli: Justice Hima Kohli was elevated from the post of the Chief Justice of the Telangana High Court. Her parent High Court is Delhi. She has a term till September 2, 2024 at the Supreme Court.
Justice BV Nagarthna: Justice BV Nagarathna is elevated from the Karnataka High Court. She is in line to be the Chief Justice of India in 2027. If that happens, India's long wait for its first woman Chief Justice of India will end.
Justice CT Ravikumar: Justice CT Ravikumar is elevated from the Kerala High Court. At the Supreme Court, Justice Ravikumar will have a term till January 6, 2025.
Justice M.M. Sundresh: Justice MM Sundresh is elevated from the Madras High Court. He was appointed as an Additional Judge of Madras High Court on 31.03.2009 and appointed as a permanent Judge of Madras High Court on 29.03.2011. At the Supreme Court, he will have a term till July 21, 2027.
Justice Bela M Trivedi: Justice Bela M Trivedi is elevated from the Gujarat High Court. She is the first woman judge to be elevated from the Gujarat High Court. She is the only judge in the Supreme Court at present to come from the judicial service background. At the Supreme Court, she will have a term till June 10, 2025.
S. Narasimha, Senior Advocate: Justice PS Narasimha is a direct elevation from the bar. A designated Senior Advocate, he has served as the Additional Solicitor General of India from May 2014 to December 2018. He represented the Government in important cases related to the Italian Marines case, constitutional validity of criminal defamation, NJAC case relating to appointment of Judges. He was earlier appointed by the Supreme Court as a mediator to resolve disputes pertaining to administration of Board of Control of Cricket in India (BCCI). He had also appeared for some of the parties in Ayodhya case.
As per seniority turn, Narasimha is in line to occupy the post of the Chief Justice of India from October 30, 2027 to May 2028.
The Supreme Court Collegium comprising of Chief Justice NV Ramana Justices U U Lalit, A M Khanwilkar, D Y Chandrachud, and L Nageswara Rao had recommended these names on August 17. On August 26, the President notified the appointments, accepting all recommendations.
It was in September 2019 that the last appointments of judges to the Supreme Court were made. With these nine appointments, the working strength of the Court will rise to 33 judges, with one vacancy remaining.
Source: Bar & Bench
2. Supreme Court Adjourns Plea Challenging NCLAT Order Handing Over Delhi Gymkhana Club's Administration To Centre
Company petition by Union of India Before NCLT:A company petition was moved by the Ministry of Corporate Affairs against the General Committee of the Delhi Gymkhana Club under section 241(2) of the Companies Act, 2013, alleging that the affairs of the club ares being conducted in manners prejudicial to the public interest.
The petition was filed seeking suspension of the General Committee and to appoint Administrator nominated by the petitioner to manage the affairs of the Club and report to this Bench.
The Principal Bench headed by Acting President BSV Prakash Kumar further directed the General Committee of the Clubto not carry out the following activities:
proceed with any construction on site
make any policy decision
make any changes to the Memorandum of Association or Articles of Association
utilise funds received from members
conduct balloting
An appeal was then filed by the Union of India challenging the NCLT's order arguing that the interim relief granted was inadequate and prayed for modification of the relief by providing for the nomination of an Administrator by the Central Government to manage the affairs of the Club. The DGC also moved an appeal seeking the setting aside of the order.
NCLAT through its impugned order dismissed DGC's company appeal and allowed the Union of India's appeal, by directing suspension of the GC of the DGC and appointing an Administrator to be nominated by the Union of India to manage the affairs of the Club.
The Supreme Court on Monday adjourned for two weeks an appeal filed challenging NCLAT's order directing the suspension of the General Committee of the Delhi Gymkhana Club and appointment of an Administrator nominated by the Union of India to manage the affairs of the Club.
The NCLAT's order also directed that acceptance of new membership or fee or any enhancement in the fee of waitlist applications be kept on hold till disposal of the Company Petition before the NCLT.
The appeal has stated that, NCLAT, in an appeal against an interim order, has unequivocally held that Union of India is entitled to "final relief" of replacement of Directors of the DGC with nominees of the Government to conduct the affairs of the Club.
According to the appellant, such a finding of the NCLAT at the interim stage is akin to a grant of final relief and contrary to the settled proposition of law.
The appellant has also argued that the premise that DGC's object was for sports activities and pastime for public at large is the misconstrued basis of the determination by NCLT as well NCLAT as its MOA is clearly indicative that it was meant more as a recreational private club than one meant for running sports academy or a stadium for public at large.
Source: Bar & Bench
3. 'Not An Ordinary Crime' : Supreme Court Dismisses Asaram Bapu's Plea To Suspend Sentence For Medical Treatment
The Supreme Court today dismissed an application filed by religious leader Asaram Bapu, who is serving life sentence for rape of a minor, seeking temporary suspension of sentence to pursue medical treatment.
The matter was heard by the bench of Justices Indira Banerjee, V Ramasubramanian and Bela M Trivedi.
While dismissing the plea, Justice Indira Banerjee orally remarked, "Sorry in this sort of a situation, taking an overall view, It's not an ordinary crime at all. You'll get all your ayurvedic treatment in jail. Mr Singh is assuring us that he'll get the treatment. Continuing ayurvedic treatment is not a problem. We'll direct the jail authorities to take care that ayurvedic treatment is granted."
Appearing for Asaram Bapu, Senior Advocate R Basant submitted that he was only asking for an interim bail for two months to enable Asaram Bapu to get ayurvedic treatment.
"All that is being asked is an interim bail for 2 months for ayurvedic treatment by an 85 year old man subject to Court's condition so that I can keep my body & soul together. Mercy is all that I'm asking for," Senior Counsel also added.
Contending that Asaram Bapu was not getting proper ayurvedic treatment in Jail, Senior Advocate R Basant also argued that, "He's not getting the treatment in jail. Look at the relief that I'm asking for. 6 weeks time is necessary. I want to try it, fight my case & be free. I am 85 year old. Am I likely to commit an offence again?"
Opposing Bapu's bail, Senior Advocate Manish Singhvi submitted that Bapu was getting best medical treatment in jail at Jodhpur.
"He's been getting the best possible treatment in jail,"Senior Counsel submitted.
A Bench of Justices BR Gavai and Krishna Murari had on June 4th issued notice in the plea and had further agreed to examine if the Petitioner could be temporarily shifted to an ayurvedic centre as sought by him.
Rajasthan High Court Order
On 21st May 2021, a Bench of Justice Sandeep Mehta and Justice Devendra Kachhawaha of Rajasthan High Court, had directed the district and jail administration to ensure that Asaram is provided with proper treatment, a nutritious diet, and a safe environment looking at his old age and medical condition.
The Court had refused to grant him temporary relief of suspension of his sentence as sought by him through an application, after the perusal of the rape convict's medical report submitted by the All India Institute of Medical Sciences in Jodhpur, where he was admitted after contracting COVID-19.
Importantly, the Court had said,
"Suspending the sentences awarded to the appellant, in this case, would be nothing short of an exercise in futility because immediately on his release from the Central Jail, Jodhpur, he would be required to be taken to the State of Gujarat in connection with the case pending trial as a production warrant certainly would be in force."
The Court had also rejected the prayer to set up a medical facility at his Ashram in Pal Village, Jodhpur so as to provide him treatment, while noting that whenever he had been taken out from prison even for attending the dates of hearing during the trial, his followers would form huge congregations which would create law and order situations.
Source: Bar & Bench
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