SC Judge recuses from hearing Mallya's plea against Karnataka HC order for payment of Rs 3,101 Crore
New Delhi, Jan 20: Supreme Court judge Justice R F Nariman Monday recused himself from hearing a plea of fugitive businessman Vijay Mallya against a Karnataka High Court directing him to pay Rs 3,101 crore to a consortium of banks.
A bench of Justices Nariman and S Ravindra Bhat observed that Mallya has not deposited a single penny to the banks so far.
Justice Nariman however refused to hear the matter and directed that it be listed before another bench of the apex court.
Senior advocate S Guru Krishna Kumar, appearing for Mallya, said at the outset that other petitions filed by him were coming up for consideration before another bench.
"Let the matter be listed before a Bench of which one of us (Justice RF Nariman) is not a Member," the bench said in its order.
Mallya challenged Karnataka High Court orders, of October 5, 2018 and September 13, 2019, before the apex court. The orders had upheld the decision of the Debts Recovery Appellate Tribunal (DRAT), Bangalore to deposit Rs 3,101 crore as a precondition to hearing his appeal against a Debt Recovery Tribunal (DRT) order.
The DRT Bangalore had on January 19, 2017 directed Mallya to pay Rs 6,203 crore with interest to a consortium of banks led by State Bank of India, who had lent money for now defunct Kingfisher Airlines.
Mallya challenged the order before the DRAT in 2018, which dismissed the appeal for want of appearance and non-compliance of objections.
He again moved DRAT and filed an application seeking restoration of his appeal.
The DRAT, on March 28, 2018, directed Mallya to deposit Rs 3,101 crore on or before April 25, 2018 and observed that in case of failure in compliance, the appeal will be liable to be dismissed automatically.
Mallya then challenged the March 28, 2018 order before the High Court, which dismissed his appeal on October 5, 2018 and subsequently he knocked the door of apex court.
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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.
