In a first, SC's full court decides to issue showcause to senior advocate
New Delhi (PTI): The Supreme Court has decided to issue a showcause notice to a senior advocate asking why the designation conferred upon him by the apex court should not be revoked.
The unprecedented decision comes in the wake of allegations of misconduct against senior advocate Rishi Malhotra.
A full court, convened by Chief Justice Sanjiv Khanna, and comprising all apex court judges on the administrative side unanimously decided on the decision.
The top court had passed strictures against Malhotra on February 20.
He is accused of suppressing material facts in multiple cases of premature release of prisoners aside from making misleading statements despite warnings of the top court.
The full court, which authorised its secretary general Bharat Parashar, to issue the showcause notice, said Malhotra should be given one more opportunity to explain his conduct before being stripped off the senior designation.
In its February 20 verdict, a bench of Justice Abhay S Oka and Augustine George Masih flagged his conduct in a recent case while accusing him of not disclosing that the top court had barred the convict's remission for 30 years.
Similarly, Malhotra was found by the court to have misled the apex court on other occasions.
"We make it clear that we are not recording any final finding against Rishi Malhotra, senior advocate, on the question whether his designation can be withdrawn. We leave it to the Chief Justice of India to take a call on this issue," it had said.
The bench said what it had reproduced was "borne out from the record".
Malhotra, it said, was designated as a senior advocate on August 14, 2024.
"The conduct of the advocate reflected from the orders of this court passed in this very appeal, and other cases where the advocate appeared raises an important question of whether the decisions of this court in the case of Indira Jaising-I and Indira Jaising-II, which lay down the guidelines for designation of senior advocates by this Court and high courts across the country under the 1961 Act, need reconsideration," it added.
The bench wondered it the system of senior designation set up under these decisions had "really worked effectively".
"A serious introspection is required to answer the question of whether the rules framed in terms of the said decisions have ensured that only deserving advocates are being designated," it said.
The bench said it neither could disagree with the two binding decisions nor take a contrary view.
"However, all that we are doing is expressing a few serious doubts and concerns. We propose to direct that this issue be placed before the Chief Justice of India to consider whether the issue needs to be reconsidered by a Bench of appropriate strength," it said.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
