Elgar Parishad case: SC grants interim bail to Mahesh Raut on medical grounds
New Delhi (PTI): The Supreme Court on Tuesday granted interim bail to Elgar Parishad-Bhima Koregaon case accused Mahesh Raut on medical grounds.
A bench of Justices M M Sundresh and Satish Chandra Sharma was hearing Raut's petition challenging his incarceration despite being granted bail by the Bombay High Court.
The top court noted the submission of senior advocate C U Singh, appearing for Raut, that the accused was suffering from rheumatoid arthritis.
"The applicant is seeking interim bail on medical grounds coupled with the fact that he was actually granted bail (by Bombay High Court), we are inclined to grant medical bail for a period of six weeks," the bench said.
The high court allowed Raut's bail plea but stayed its own order for a week on the request of the National Investigation Agency (NIA).
The top court subsequently extended the stay on his release in the case.
Raut's counsel had earlier said the activist was suffering from rheumatoid arthritis and required specialised medical care unavailable in prison or at JJ Hospital, where he has been examined.
Raut is among several activists and cultural workers accused in the Elgar Parishad Bhima Koregaon case.
The Elgar Parishad conclave was held in December 2017 at Shaniwarwada, an 18th-century palace-fort in the heart of Pune.
Investigators alleged that provocative speeches delivered at the event instigated the violence at Koregaon-Bhima on January 1, 2018.
Another accused, cultural activist Sagar Gorkhe alias Jagtap, was arrested in September 2020 on allegations of raising provocative slogans at the conclave along with other Kabir Kala Manch members, and has remained in jail since then.
The bench is also likely to hear the bail plea of another activist Jyoti Jagtap who was arrested in 2020 in the Elgar Parishad-Maoist links case.
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Ordinance issued to increase number of Supreme Court judges from 34 to 38
New Delhi (PTI): The government has promulgated an ordinance to increase the strength of the Supreme Court from the present 34 judges to 38, including the Chief Justice of India.
The law ministry notified the ordinance on Saturday, which amended the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the top court.
So far, the sanctioned strength of the top court was 34, including the Chief Justice of India (CJI). Now, the number of judges has been increased by four, taking the sanctioned strength to 38.
The top court will now have 37 judges, other than the CJI.
With the apex court having two vacancies at present, and the ordinance coming into force immediately, the Supreme Court Collegium will now have to recommend six names for appointment as judges in the top court.
A bill will be brought in the Monsoon Session of Parliament to convert the ordinance – an executive order – into a law passed by Parliament.
The Union Cabinet had cleared a draft bill on May 5 to increase the number of apex court judges.
The strength of the Supreme Court was last increased from 30 to 33 (excluding the CJI) in 2019.
The Supreme Court (Number of Judges) Act, as originally enacted in 1956, put the maximum number of judges (excluding the CJI) at 10.
This number was increased to 13 by the Supreme Court (Number of Judges), Amendment Act, 1960, and to 17 by another amendment to the law.
The Supreme Court (Number of Judges) Amendment Act, 1986, augmented the strength of judges from 17 to 25, excluding the CJI.
A fresh amendment in 2009 further increased the strength from 25 to 30.
Article 124(3) of the Constitution lists the qualifications required to become a Supreme Court judge.
An Indian citizen who has either served as a high court judge for at least five years, or as an advocate for 10 years, or is a distinguished jurist, can be appointed to the top court.
The strength of the Supreme Court is increased based on the recommendations of the CJI, who writes to the Union law minister. After consulting the finance ministry, the Department of Justice under the law ministry moves the Cabinet with a draft bill.
