HC dismisses PIL seeking Governor’s nod for prosecution against CM Siddaramaiah in Mining case
Bengaluru: The Karnataka High Court has dismissed a Public Interest Litigation (PIL) that sought directions to the Governor to grant sanction for prosecution against Chief Minister Siddaramaiah under the Prevention of Corruption (PC) Act in connection with alleged illegal grant and renewal of mining leases.
The petition had been filed by Bengaluru-based businessman M.P. Venugopal and came up before a division bench comprising Chief Justice Prasanna B. Varale (Correction: please confirm, original says Vibhu Bakhru) and Justice C.M. Joshi on Thursday.
When the case was called twice, the petitioner’s counsel failed to appear before the bench. Taking note of this and citing non-compliance with legal procedure, the court dismissed the petition.
The PIL had demanded that the Governor be directed to approve prosecution against Chief Minister Siddaramaiah under the PC Act. It further sought a direction for the Central Bureau of Investigation (CBI) to conduct an independent probe into the alleged illegal renewal of mining leases, and for the Lokayukta to submit a report on the matter.
The petitioner had also asked the court to cancel mining leases granted to Ramgad Minerals and Mining Pvt. Ltd. and Veerabhadrappa Sangappa & Co., declaring all such leases illegal. Additionally, it called for recovery of alleged financial losses from those who benefitted from illegal mining contracts.
Apart from Siddaramaiah, the petition had also named former Secretary of the Commerce and Industries Department Tushar Girinath, along with several private mining companies, as respondents.
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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.
