Judiciary

 'Sealed Cover Procedure Fundamentally Against Judicial Process, Want To End It' : Supreme Court To Centre In OROP Case LIVELAW  20 Mar 2023 https://www.livelaw.in/top-stories/sealed-cover-procedure-fundamentally-against-judicial-process-want-to-end-it-supreme-court-to-centre-in-orop-case-224203

Attorney General for India R Venkatramani presented a sealed cover note before the bench led by Chief Justice of India DY Chandrachud. However, the bench flatly refused to accept the sealed cover note and stated that it has to be shared with the other side.

When CJI asked the AG to share the note with Senior Advocate Huzefa Ahmadi (who is representing the ex-servicemen), AG said, "It is confidential". However, CJI wondered what can be the secrecy here as the issue relates to the implementation of the Court orders.

"I am personally averse to sealed covers. What happens is, we see something, he does not see. And we decide the case without showing it to him. This is fundamentally contrary to the judicial process. There cannot be secrecy in the Court. The Court has to be transparent. Secrecy it is understandable in a case diary...the accused in not entitled to it, or something which affects the source of information or affects somebody's life. But this is payment of pension in pursuance of directions in our judgment. What can be the great secrecy in this? ", CJI told the AG.

AG however said that there are some "issues of sensitivity".  "When you claim privilege, we have to decide that claim",CJI stated.

"We need to put an end to this sealed cover procedure which is being followed in the Supreme Court because then the High Courts will also start following. And this is fundamentally contrary to basic process of fair justice", CJI reiterated.

केंद्र सरकार के सीलबंद लिफ़ाफ़े पर भड़के D.Y. Chandrachud, दे दिया बड़ा आदेश https://www.youtube.com/watch?v=JmR-o0vd2iI

Modi Govt vs The Supreme Court | The Final Battle for India’s Democracy https://www.youtube.com/watch?v=T7PrRU56p9s The Deshbhakt  Mar 12, 2023 #supremecourt #modi #collegium
After a full control over the legislature and the '4th pillar' media - is the Executive planning a takeover of the Judiciary? Why is the Modi Govt so vehemently opposed to the Collegium System and will the Govt's favourite NJAC bring about real transparency in the appointment of Judges or make the Judicial system subservient to the executive???

It may not be obvious - but a battle is already brewing on over who controls the last standing pillar of India's Democracy - the pillar that ensures that the system of check and balance still exists.

Don't Threaten Me , CJI to Singh https://www.youtube.com/watch?v=NQUabNZyKYE  Law Chakra  Mar 11, 2023

Chief Justice of India, DY Chandrachud had a heated argument with SCBA president Vikash singh. Now the matter has taken new turn with SCBA coming in Support of Vikash Singh. Seems the tussle between CJI and Vikash will keep going on for some time.

The appointment of Justice Lekshmana Chandra Victoria Gowri, a lawyer who was the National General Secretary of the Bharatiya Janata Party women’s wing and had made disparaging remarks about religious minorities, on February 7, has kicked off a debate about whether candidates with political background should be appointed to the bench.

Has political background been a bar to becoming a judge? It depends on the politics (scroll.in) 

There have been several previous instances where lawyers who were members or office bearers of political parties or closely associated with them have been appointed as High Court and Supreme Court judges. On the other hand, there have also been instances where lawyers were not elevated because their political leanings did not find favour with the government of the day.

While several people believe that most judges are apolitical, George H Gadbois Jr writes in his seminal book Judges of the Supreme Court of India: 1950-89, “Participation in politics prior to High Court or SCI [Supreme Court of India] appointment was more common than most realize.” Godbois was an expert on the Indian Supreme Court and wrote one of the most comprehensive accobyunts of Supreme Court judges.

by Umang Poddar

14/02/2023