Collegium should immediately reiterate its proposed name: Congress
New Delhi, May 4: Accusing the Narendra Modi government of doing "content based discrimination" against certain judges, the Congress on Friday said that the Supreme Court Collegium should have made an immediate reiteration of its recommendation after the government rejected its first proposal.
"There should have been an immediate reiteration of the recommendation. And therefore, we would not agree with the delay which has happened on the reiteration. It should have happened forthwith," Congress spokesperson Abhishek Manu Singhvi said.
He stressed that there "should have been a question and a show cause to the government from the judicial side" as to why it took the government four-and-a-half months to even reject its proposal.
He even asked the Collegium to take a leaf out of former Chief Election Commissioner T.N. Seshan's book in case of delay by the government after reiteration. Seshan had once told the government he would hold no elections till the government made all the appointments.
"T.N. Seshan has set an example, a wrong example albeit, but still an example for a higher principle. I am not recommending it. I am only making a rhetorical point. We would implore the Collegium and the judges to uphold that majesty of the independence of judiciary," said Singhvi, an eminent lawyer himself.
The Congress spokesperson's reaction came in response to a media query about the government rejecting Justice K.M. Joseph's elevation to the Supreme Court as recommended by the Supreme Court Collegium and the Collegium deferring its decision on the government's opinion.
The opposition has alleged that the government is scuttling Justice Joseph's elevation for his scrapping President's Rule in Uttarakhand in 2016. As the Chief Justice of the Uttarakhand High Court, Justice Joseph overturned the dismissal of the state's Harish Rawat-led Congress government by the Narendra Modi government.
"The Congress party cannot support a situation where we believe that there has been a content based discrimination against a particular judge or certain judges either in appointment, elevation or transfer," Singhvi said.
"We believe that it is the majesty of the principle of the independence of judiciary which is most important. It is nothing to do with the Congress or the BJP. It is not even to do with Justice Joseph. It is to do with the much higher principle of independence of judiciary," he added.
Singhvi alleged that there have been reports of a proposal in the government to treat the reiteration by the Collegium of Justice Joseph's name as a fresh recommendation, which he said was "unconstitutional" and "fraud on the Constitution".
"I hope that is not true. I have asked this question myself personally and I am asking through you (media) if the government has this plans. It is unconstitutional, it is fraud on the Constitution to play such game," he said.
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.
New application filed in SC against Adani group over US indictment
New Delhi: A fresh application has been submitted to the Supreme Court of India, seeking the inclusion of key documents related to the recent US indictment of the Adani Group. Filed by advocate Vishal Tiwari, the petition aims to introduce two critical pieces of evidence into an ongoing case related to the Adani Group's financial practices.
The first document is a formal US court indictment accusing Gautam Adani, his relative Sagar Adani, and other company executives of orchestrating a massive bribery scheme to secure solar energy contracts worth billions of dollars in India. The indictment alleges that over $250 million in bribes were paid to Indian government officials to obtain these lucrative contracts.
The second document is a complaint from the US Securities and Exchange Commission (SEC), which accuses the Adani Group of securities fraud. The SEC alleges that Adani executives misled investors to raise funds for these solar projects, despite knowing that part of the capital was linked to corrupt activities.
This development follows the US Attorney's Office's recent charges against the Adani executives, who are accused of masterminding a bribery scheme to secure power supply contracts with state-run utilities in India. The contracts were expected to yield up to $2 billion in profits over two decades.
These charges come amid an ongoing investigation by India's Securities and Exchange Board (SEBI) into the Adani Group, after allegations of stock manipulation and market irregularities surfaced, particularly following the release of the Hindenburg Report in early 2023. The new US legal documents could play a crucial role in strengthening the investigation into the Adani Group's business operations.
