President to appoint CEC, ECs on advise of committee comprising PM, LoP, CJI: SC
New Delhi (PTI): The Supreme Court on Thursday ruled that appointment of the Chief Election Commissioner and elections commissioners will be done by the President on the advise of a committee comprising the prime minister, leader of opposition in the Lok Sabha and the Chief Justice of India.
A five-judge constitution bench headed by Justice KM Joseph, in a unanimous verdict, held that this norm will continue to hold good till a law on the issue is made by Parliament.
The apex court said if the leader of opposition in the Lok Sabha is not there, then leader of the single largest opposition party will be in the committee to appoint the Chief Election Commissioner and elections commissioners.
The bench delivered its verdict on a batch of pleas seeking a collegium-like system for the appointment of election commissioners and the Chief Election Commissioner.
The bench, also comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar, stressed on purity in the election process and said democracy is intrinsically linked to the will of people.
Justice Rastogi, who concurred with the lead judgement authored by Justice Joseph, delivered a separate verdict with his reasoning.
The apex court said that election in a democracy should be undoubtedly be fair and the buck stops with the Election Commission to ensure that its purity is maintained.
It said in a democracy, the purity of election must be maintained or else it would lead to disastrous consequences.
The bench said the Election Commission must act within the constitutional framework and within the law and it cannot act in an unfair manner.
It said that an Election Commission, which does not ensure free and fair role in the process, guarantees breakdown of rule of law, which is the bedrock of the democracy.
The bench said that democracy is fragile and would collapse if "lip service" is paid to rule of law.
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Badlapur accused Akshay Shinde shot dead: Lawyer of minor girls calls it 'killing of justice'
Mumbai (PTI): The gunning down of Badlapur case accused Akshay Shinde on Monday was the "killing of justice", said Asim Sarode, lawyer for the two minor girls he allegedly sexually assaulted.
Shinde was killed near Mumbra Bypass around 6:15pm when he allegedly snatched the gun of a policeman while he was being ferried in a police vehicle as part of a probe into a case registered on the complaint of his former wife.
After he shot and injured an API, another personnel from the escort team fired at him, and he was declared dead by doctors at a nearby hospital.
"While representing the two minor girls, I noticed it was becoming uncomfortable for the local politics of the Thane district and even for the educational institution where Akshay Shinde was working. Shinde's death in such a manner is killing of justice," Sarode told a regional news channel.
"Now, the case of sexual assault of the two minor girls will get sidelined. The case of these two minor girls was becoming difficult for the educational institute, as it is affiliated with a certain political family. Such a practice would lower the confidence of people in police and the judiciary," he claimed.
Sarode said he will be filing a plea before the Bombay High Court demanding thorough inquiry into the firing incident.
"Shinde's case could have brought up certain aspects that would have been negative politically for the government. I wonder how Shinde could access the gun and how he could unlock it when his hands were tied. This is political murder and is absolutely wrong," he said.
