A Chief Justice of India, like Caesar’s wife should be above suspicion. But certain recent developments in India’s Supreme Court, the latest being the inordinate delay and repeated adjournments in hearing the Ram Janmabhumi case,( fixing dates for fixing a date etc) has caused murmurings and raised questions about the conduct of the present Chief Justice of India, which are best answered and cleared up by him himself.

                                   (Justice Markandey Katju)

As a former Judge of the Supreme Court I am deeply concerned about what is going on in the sacred institution I had the honor of serving, and on behalf of the people of India I ask Ranjan Gogoi, the present CJI the following questions which he should publicly answer. After all, in a democracy the people are supreme, and all state authorities and institutions (including even the CJI) are servants of the people and accountable to them :

1. Gogoi’s daughter married the son of Justice Valmiki Mehta, judge of Delhi High Court. There were serious allegations against Valmiki Mehta, which were enquired into by the then CJI Justice Thakur and found to be true. Hence in March 2016 the Supreme Court Collegium presided over by Justice Thakur recommended transfer of Justice Valmiki Mehta to another High Court.

Usually such a recommendation is implemented by the government of India in a couple of weeks. But strangely enough in this case the Government. of India put the file containing the recommendation in the cold storage for about one year. In the meantime, the then CJI Thakur fumed repeatedly about the non-implementation of the recommendation, often in open court, and even threatened to tell the Chief Justice of Delhi High Court to withdraw judicial work from Valmiki Mehta in view of the very serious allegations against him, but all to no avail. It was only after Justice Thakur retired in January 2017, and a more amenable Justice Kehar became the CJI that the file was returned by the government to the Supreme Court (instead of forwarding it to the President of India for his signature), and thereafter the new Collegium headed by the new CJI Kehar revoked the earlier recommendation, with the result that Valmiki Mehta remains a judge of the Delhi High Court till date. What is the truth behind this mystery?

The information I have, but whose correctness or otherwise only Gogoi can answer, is this: on getting to know of the recommendation of his sambandhi’s transfer, Gogoi went to the PM Modi (or a senior Cabinet minister) and begged that Valmiki Mehta be not transferred. Since by dint of seniority Gogoi was in line of becoming a CJI, the government acceded to his request, and kept the file in cold storage, instead of forwarding it to the President of India for his signature.

If this version is correct, obviously Gogoi has taken a favor from the BJP government which he has to return, and that would explain many of the happenings in the Supreme Court.

Gogoi is now the Chief Justice of India, so all the records in the Supreme Court registry are accessible to him. Let him therefore place in the public domain (1) the recommendation of the Collegium headed by the then CJI Thakur for transfer of Valmiki Mehta (2) the letters of the then CJI Thakur to the government of India asking why the transfer recommendation was not being implemented, and the replies of the government (3) The letter of the government sending the recommendation back to the Supreme Court headed by the new CJI Kehar ( 4) The resolution of the Collegium headed by Justice Kehar revoking the recommendation for Justice Mehta’s transfer

2. The son of Valmiki Mehta (son-in-law of Gogoi) is a lawyer. It is believed his practice and income suddenly soared by leaps and bounds after his marriage. So, let Gogoi mention what was his son-in-law’s income before and after his marriage

3. Three judges of Delhi High Court, Justice Pradeep Nandrajog (presently CJ Rajasthan High Court), Justice Gita Mittal (presently CJ J&K High Court) and Justice Ravindra Bhat, who were all senior to Justice Sanjiv Khanna in Delhi High Court were superseded. Why? I was Chief Justice of Delhi High Court, and personally knew that all 3 (who were puisne judges of the High Court at that time) had impeccable records of integrity and competence, and in fact Justice Nabdrajog had been recommended by the Supreme Court Collegium which met on 12.12.2018 to be elevated to the Supreme Court. That recommendation had been signed by all 5 of the Collegium members, but thereafter CJI Gogoi simply pocketed the recommendation paper and did not send it to the Government of India, as is usually done. Why ? I spoke to Justice Lokur who was in that Collegium (and was next in seniority after Gogoi) and he told me that after the recommendation was made and signed, he telephoned Gogoi’s residence repeatedly to ask whether the recommendation had been forwarded to the government, but every time some secretary would pick up the phone and say that the CJI was not well, and Gogoi never returned the call. Later, Gogoi said that the recommendation had not been sent to the government because consultation with the consulting judges had not been done, though such consultation takes only a day or two (as I know from personal experience ).

This supersession of three meritorious judges reminds one of the supersessions of three senior Supreme Court judges by Indira Gandhi’s government, and it has sent a very wrong message throughout the judiciary, apart from having a very demoralizing effect on those three judges. A senior Supreme Court lawyer has in fact insinuated that it was done at the behest of the BJP government. There were no doubt other judges in the Collegium which recommended Justice Khanna, but they weakly surrendered to Gogoi who bulldozed Justice Khanna’s name offering little resistance ( as I was informed by several Supreme Court Judges whom I personally contacted and spoke to ).

If there was anything against these 3 judges senior to Justice Khanna the public is entitled to know. If there was nothing against Justice Nandrajog on 12.12.2018 when the then Collegium recommended his name for elevation, did something crop up within 3 weeks? It is all a mystery.

Moreover, Justice Maheshwari, who has now been elevated, had been specifically rejected by the Collegium which met on 12.12.2018 (as Justice Lokur who was on that Collegium informed me). Did he suddenly become competent within three weeks ?

4. Why is the Ramjanmabhumi case being adjourned again and again on one pretext or the other? And why are dates being fixed for fixing a date? Again, a mystery. Is this some kind of quid pro quo? Only Gogoi can answer.

[Justice Markandey Katju is former Judge, Supreme Court of India and former Chairman, Press Council of India. The views expressed are his own]

courtesy : indicanews.com

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Kalyani (West Bengal) (PTI): Sixty seven years after their maiden appearance, Jammu and Kashmir stormed into the Ranji Trophy finals for the first time on Wednesday, upstaging two-time former champions Bengal by six wickets in the semifinals here to add another historic chapter to a fairytale season so far.

Auqib Nabi's stunning nine-wicket match haul and their IPL star Abdul Samad's fearless strokeplay ensured that the side once labelled "perennial underachievers" now stands one step away from the title.

Chasing a modest 126 at the Bengal Cricket Academy ground, J&K rode on Samad's unbeaten 30 off 27 balls (3x6, 1x4) and rookie Vanshaj Sharma's composed 43 not out off 83 ball (4x4) as the pair stitched an unbroken 55-run stand for the fourth wicket to seal history on the fourth and penultimate day of the semifinal.

In a heartwarming gesture, Samad, who had done the bulk of the damage, allowed the 22-year-old Vanshaj to finish it in style and the youngster launched Mukesh Kumar over long-on for six to spark wild celebrations in the visiting camp.

From strugglers to history-makers

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Jammu and Kashmir had played 334 Ranji matches before this season, winning only 45. It took them 44 years to register their first victory, against Services in 1982-83.

Knockout appearances were rare. A breakthrough came in 2013-14 when they edged Goa on net run rate to reach the quarterfinals, and in 2015-16 they stunned Mumbai at the Wankhede Stadium under state icon Parveez Rasool.

But consistency eluded them for decades as this season, under coach Ajay Sharma and captain Paras Dogra, they transformed belief into results.

After an opening loss to Mumbai, they bounced back with innings wins over Rajasthan and key victories against Delhi and Hyderabad to enter the knockouts.

A dramatic 56-run win over Madhya Pradesh in the quarterfinal, powered by Nabi’s 12/110, brought them to the semifinals for the first time.

Bengal's big names, bigger letdown

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With four India internationals in Mohammed Shami, Akash Deep, Mukesh Kumar and Shahbaz Ahmed, and India A star batter Abhimanyu Easwran along with home advantage to boot, this was Bengal's game to lose.

They did exactly that after folding for 99 in 25.1 overs on day three that set Jammu and Kashmir a paltry 126 to win.

Resuming at 43/2 on the penultimate day, J&K lost an early wicket but Bengal failed to sustain pressure despite Akash Deep's relentless 15-over morning spell (3/46) and Shami's probing 1/24 from 24 overs.

There were anxious moments when Shubham Pundir was cleaned up and Dogra edged behind -- a low diving catch by Abishek Porel off Akash Deep eventually upheld after review.

But Bengal looked fatigued and short of ideas once Samad counterattacked. The IPL batter, retained by Lucknow Super Giants, turned the tide in a single over against Akash Deep that fetched 18 runs.

He did not spare Shahbaz either, dancing down the track to deposit him over mid-wicket and then through covers as J&K crossed the 100-run mark.

From there, shoulders dropped in the Bengal camp.

The introduction of part-time options and a visible dip in intensity underlined a campaign that promised much but fizzled when it mattered most.

Nabi's season for the ages

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The foundations of Jammu and Kashmir's win, however, were laid by Nabi.

"Last time we missed it in the quarters but we did all the hard work and we deserved it," said Nabi after winning the man-of-the-match.

The 29-year-old pacer followed his 12-wicket match haul in the quarterfinal against Madhya Pradesh with another devastating effort, finishing with nine wickets in the match, including a five-for in the first innings, to take his season's tally to 55 wickets at an average of under 13.

Nabi had also contributed with the bat playing a decisive knock at No.9.

J&K had posted 302 in their first innings, reducing the deficit to 26, thanks to Dogra's gritty 58 (112 balls), Samad's counterattacking 82 (85 balls) and a crucial late surge from Nabi (42 off 54) and Yudhvir Singh (33) in a 64-run last-wicket stand.

Dogra's milestone

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For 41-year-old captain Paras Dogra, it was a week of personal and collective milestones.

In a career spanning 24 years across Himachal Pradesh, Pondicherry and now J&K, Dogra also became only the second batter after Wasim Jaffer to score 10,000 Ranji Trophy runs.

Introduced to the game by his father Kultar, Dogra's journey has been one of endurance and quiet steel.

"It's a big achievement, never thought about it. I enjoyed the journey full of ups and downs. The game makes you a strong human being," Dogra said.

His resolute half-century in a 143-run partnership with Samad in the first innings set the tone for the side's resilience.