SC refuses to entertain plea for registration of FIR for hate speeches in Uttarakhand
New Delhi (PTI): The Supreme Court on Wednesday refused to entertain a plea seeking to prevent a mahapanchayat' called by Hindu outfits in Uttarakhand and registration of an FIR against hate speeches allegedly targeting members of a particular community.
The 'mahapanchayat' is slated to take place on Thursday.
A vacation bench of Justices Vikram Nath and Ahsanuddin Amanullah asked advocate Sharukh Alam to avail remedy available in law and granted her liberty to approach the high court or any other authority concerned.
"We are not short circuiting the legal process. There is a high court and district administration, you can approach them. Maintaining law and order is the responsibility of the state government, why do you think no action will be taken if matter is brought to its notice. You should have faith in the high court", the bench said.
Alam stated that posters and letters have been written asking members of a particular community to leave Uttarkashi and despite their being a continuing mandamus in the matter of hate speeches that police have to register an FIR suo motu, no action has been taken.
"The material suggests that FIR needs to be registered under UAPA. A mahapanchayat is scheduled to be held on June 15 and they have given an ultimatum to district administration to remove members of a particular community by June 15", Alam said and urged the bench to look into the material before the court.
Communal tension has been brewing in Purola and some other towns of Uttarkashi district after two men, one of them Muslim, allegedly tried to abduct a Hindu girl on May 26.
Subsequently, posters were pasted by unidentified people on shops owned by Muslims, asking them to leave the town before a 'mahapanchayat' called by Hindu organisations in Purola or face consequences.
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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.
