Justice Misra: Only CJI to face Judges' revolt
New Delhi, Sep 30 : Chief Justice Dipak Misra, who will have his last working day as CJI on Monday, will be remembered in the Indian judicial history as perhaps the only head of the top court who saw rebellion by four of his senior most colleagues.
Another incident that stands out during his tenure is an unsuccessful impeachment motion against him in a move led by senior lawyer and Congress leader Kapil Sibal.
On the brighter side, CJI Misra will be given credit for the nod to live-streaming of the top court's proceedings -- a move that will take court proceedings to the drawing rooms of the people.
His term of 13 months and five days as the Chief Justice of India was perhaps the most turbulent for any Chief Justice, which saw his brother Judges and some from the Bar openly questioning his style of functioning in allocation of cases/matters to different benches and listing Constitution Bench matters before a bench of Judges who were relatively newcomers to the top court.
There was a perception, also voiced by the four rebel Judges, that matters of particular significance, including that of deceased Special Court Judge B.H. Loya, were being listed before a certain bench.
The then second-in-command, Justice J. Chelameswar, set up a five-Judge Constitution Bench to hear the plea for an SIT probe into graft allegations involving a Lucknow-based medical college.
The order passed in the afternoon of November 9, 2017 was reversed by a five-Judge Constitution Bench a day later. The entire move was perceived as being targeted against the CJI.
It was also a time which saw lawyers, including senior counsel Prashant Bhushan, raising their voices against the bench in Court Number one.
Bhushan insisted that the CJI should not be a part of the bench hearing the plea for SIT probe into the Lucknow medical college scam and raised the pitch of his voice and stormed out of the court.
As some lawyers took exception to Bhushan's "improper conduct" and wanted to condemn it, Chief Justice Misra said that "no condemnation in the court. We are not here for this."
The top court also also saw both Sibal and Rajeev Dhavan plead against going ahead with the hearing of the Ram Janambhoomi-Babri Masjid matter as it was politically sensitive.
Faced with situations where his own brother Judges raised questions on his style of functioning and some of the prominent faces from the bar too joining the chorus, Chief Justice Misra weathered the storm with his usual calm and tact.
But that was not the only facet of his tenure as the CJI. His term will also be remembered for his assertion that the self-appointed right-wing cultural policemen would not be allowed to interfere with the creative expressions of artistes in cinema when the court directed that the screening of films like 'Padmavat' can't be interfered with.
Similarly, the apex court came to the aid of Malayalam actress Priya Prakash Varrier by quashing the FIR against her and directing no case be registered against her for winking in a scene.
At the same time, he demonstrated his sterner side in directing the Centre and the state governments to pull up their socks and tighten their belts to curb vigilantism and mob lynching.
CJI Misra, when he was sitting in Court Number 3, passed an order in November 2016 for mandatorily playing the national anthem in cinemas before the screening of films. He rescinded this order in January this year stating that this was no longer mandatory.
All through his tenure, CJI Misra was unequivocal in upholding the liberty and rights of the people, particularly women.
He presided over a bench that decriminalised homosexuality, allowed the entry of women of all ages in Sabarimala temple, decriminalised adultery and curbed the use of Aadhaar.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
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.
