Take interim steps for appointments in tribunals: SC to Govt
New Delhi: The Supreme Court today asked the Centre and other stakeholders to sit together and formulate an "interim arrangement" to deal with appointments to be made in various tribunals in the country.
The top court, hearing a clutch of petitions challenging the constitutional validity of the Finance Act 2017 and the rules under it to regulate issue like appointment and tenure of members of tribunals, said that though it would deal with this aspect later, the issue of vacancies have to be addressed on an urgent basis as tribunals have to be "manned".
A bench headed by Chief Justice Dipak Misra asked Attorney General K K Venugopal, representing the Centre, and senior lawyers like Arvind Datar and C A Sundaram, appearing for those opposed to the new Act, to sit together and make an "interim arrangement" to deal with appointments in tribunals in view of the fact that the new law and the Rules are under challenge before it.
The bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said, "The petitions are pending here. But, tribunals have to be manned. We have to find an interim solution".
The bench posted the matters on February 2 when it may finalise the interim arrangement to deal with the appointments till it finally decides on the validity of the new law and the rules, which govern the affairs of the panels including the National Green Tribunal (NGT) and the Central Administrative Tribunal (CAT).
During the hearing, the counsel for petitioners, including Congress leader Jairam Ramesh and NGO Social Action for Forest and Environment, said the issue was whether Parliament can delegate its rule-making powers to the executive and can those rules undermine the power of judiciary in making appointments to the tribunals.
Senior advocate Arvind Datar, appearing as amicus curiae, said that earlier there used to be three judicial and two executive members in the selection committees, meant for choosing presiding officers and members to the tribunals, but now the position has been reversed and the executive has got more say in the selection.
Datar said the tenure of the Chairperson appointed to the Tribunals should be extended to five years instead of three years now.
"The committee appointing judicial members to tribunals like NGT and other tribunals should comprise only two members from the Union Government, instead of the present rule allowing three members from Centre and two members from judicial background," he said.
The Finance Act and the rules framed are striking at the root of independence of quasi-judicial bodies, he said.
In the same vein, another lawyer said "the tribunals will now be controlled by the executive."
Earlier, the apex court had directed the Centre to file amended draft rules, to be framed under the 2017 Finance Act which would deal with appointment and service conditions of judicial and non-judicial members of as many as 19 tribunals including the NGT and the CAT.
The court had asked Venugopal that the draft amended Tribunal, Appellate and other Authorities (Qualifications, Experience and other conditions of Service of Members) Rules, 2017, which would govern the procedure of appointment, removal and service conditions of chairperson and members of tribunals, be filed before it.
Several individuals and organisations have moved the apex court challenging the constitutional validity of the 2017 Finance Act and the rules alleging that these would destroy independent functioning of tribunals as they give primacy to the executive in deciding the constitution, qualifications of members, their appointments and removal from tribunals.
The new law and rules provide that the appointment committees, to be headed by the CJI or his nominees, will have more members from the Executive and hence, undermined the judicial independence of tribunals and impinged upon the doctrine of separation of powers, the petitions alleged.
Earlier, the apex court had issued notices on petitions challenging the constitutional validity of the 2017 law and rules framed under the statute.
The Finance Act, which came into effect from April 1 last year, led to framing of the Rules and they allegedly gave "unbridled" powers to the Executive to decide Constitution, qualifications of members, their appointments and removal etc, they said.
One of the petitions said the alterations brought about by the Finance Act, would weaken functioning of tribunals including the NGT and curtail their powers.
It claimed that the tribunal rules have severely diluted the minimum qualifications for appointment of members to the NGT, including the chairperson and judicial members.
It claimed that there was a "clear and present danger of persons being appointed as the chairperson/judicial members of the NGT, who have no judicial or even legal training and experience" and of those without significant technical and scientific knowledge being appointed as expert members, which violated the guidelines laid down by the apex court.
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Allu Arjun didn't leave theatre despite being told about woman's death: Hyderabad police
Hyderabad, Dec 22: Top Telugu actor Allu Arjun did not leave the theatre during the screening of 'Pushpa-2' on December 4 despite being told to do so in view of a stampede in which a woman died, police officials claimed on on Sunday.
Speaking at a press conference on the annual round-up of 2024, city police commissioner C V Anand showed a video, made by police, on the situation that prevailed when the stampede occurred.
The video was made by collating footage, including from news channels and cell phone clips. It suggests the actor remained in the theatre till the midnight.
Anand did not make any comment on the video, but said the media can draw its own conclusions.
A police official talked about the sequence of events on the fateful night of December 4.
He said that he and other police officials informed a manager of Allu Arjun about the death of the woman and told him that the situation was out of control. He indicated that they were not allowed to meet the actor.
Allu Arjun's staff members told them that they would convey the matter to the actor but did not do so, he said.
The official said he later managed to reach the actor, told him about the woman's death and asked him to leave the theatre so that the fans don't harm each other while trying to catch a glimpse of him.
The official also told the actor that security arrangements would be made for his exit.
However, the actor said he would go only after watching the film, the police official said.
Later, accompanied by a senior officer, the official went inside and brought the actor out, he said.
Amid allegations that bouncers hired by Allu Arjun pushed crowds as well as policemen when the stampede occurred at the cinema hall, the police commissioner warned that stringent action as per law would be taken if THE bouncers indeed misbehaved with the police on duty.
The VIPs would be made responsible for the behaviour of the bouncers hired by them, he said.
Asked if the police would appeal against the interim bail granted to Allu Arjun, the commissioner refused to give a direct response, just saying it is part of the investigation.
What course of action is taken would be known in the days to come, he said.
He also declined to comment when asked if the family of the deceased told him about Allu Arjun's team or film production team allegedly threatening them not to speak on the issue.
Meanwhile, state Cinematography Minister Komatireddy Venkat Reddy found fault with Allu Arjun responding on Saturday to the debate in the Legislative Assembly.
The minister, who observed that the actor should have respect for the government and the chief minister, demanded an apology from Allu Arjun to the government and the CM.
"This government is never vindictive. As Cinematography Minister, we allowed benefit shows and hiking ticket prices to promote the film industry," he said.
However, Union Minister of State for Home Bandi Sanjay Kumar found fault with CM Revanth Reddy for his comments on Allu Arjun in the Assembly on Saturday.
The comments of the CM sounded like character assassination of Allu Arjun and hurting the Telugu film industry, he alleged in a statement.
Later in the day, Sanjay Kumar visited a boy who is undergoing treatment in a hospital after being injured in the stampede.
"Consoled his father over the heartbreaking loss of his wife, Revathi. I pray to god that Sritej recovers at the earliest. Assured support to the family in this difficult time," Kumar said on X.
Earlier in the day, state DGP Jitender told reporters in Karimnagar district that film personalities and all others should understand that safety and security of citizens is utmost important, and also conduct themselves accordingly.
