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Bihar and Delhi jolt BJP, Modi still strong

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New Delhi: The AAP’s dramatic rise and the return of Lalu Prasad and Nitish Kumar in Bihar marked the first full year of Prime Minister Narendra Modi, who analysts say is still going strong though his earlier sheen has worn off.

For a politician who seemed to be at the peak of his popularity when 2015 dawned, having led the BJP to a historic win in the general election and later in Maharashtra, Jharkhand and Jammu and Kashmir, Modi suffered the maiden electoral defeat of his career in Delhi in February.

It was a personal blow for Modi because the Aam Aadmi Party (AAP), which swept away the BJP in assembly polls, was led by Arvind Kejriwal, who Modi crushed in the Lok Sabha election in Varanasi in May 2014.

Nine months later, Modi suffered the second major jolt — and of a far serious nature — when his personalized campaign failed to help the BJP to defeat JD-U leader Nitish Kumar and RJD chief Lalu Prasad. If the BJP won just three of 70 seats in Delhi, it got 53 of 243 seats in Bihar.

The Bihar outcome led to open dissidence in the BJP, whose four senior leaders – L.K. Advani included – publicly called for a thorough review of the defeat. The statement was seen as an attack on Modi and BJP president Amit Shah, his Man Friday.

Amid the electoral reverses, the opposition, particularly the Congress, crushed in 2014, fired salvos after salvos. Charges of corruption and wrongdoing enveloped External Affairs Minister Sushma Swaraj and the chief ministers of Madhya Pradesh and Rajasthan, Shivraj Singh Chouhan and Vasundhara Raje.

Sushma Swaraj and Raje were linked to controversial ex-IPL chief Lalit Modi while Chouhan was blamed for a recruitment scandal which also led to some reported 50 deaths. The CBI was asked to probe the scam and deaths.

Although the Congress faced a bleak year, the exception being Bihar where it was a junior partner to the JD-U and the RJD, its leader Rahul Gandhi forced the government to go on the back foot on its land bill that he said would take land away from farmers for industrialists.

Rahul Gandhi also showed more assertion and articulation after a 50-day sabbatical. No one seemed to know for sure where he was during this time.

The Congress crippled both the monsoon and winter sessions of parliament on a range of issues from “intolerance” to alleged corruption in Delhi’s cricket body DDCA.

Just ahead of the Bihar election, the brutal killing of a Muslim man in Uttar Pradesh on rumours that he ate beef led to the unprecedented surrender of awards by leading writers and artists, embarrassing the government.

Despite the BJP’s reverses, Modi’s personal popularity remained high. He continued to tour numerous countries and ended 2015 with a historic visit to Pakistan that earned him widespread praise.

And the BJP became a part of the government in Jammu and Kashmir, the country’s only Muslim-majority state, for the first time, as a junior ally to the PDP.

AIADMK leader J Jayalalithaa returned as Tamil Nadu’s Chief Minister after being acquitted in a case of holding disproportionate assets, which had forced her to give up the job.

Congress president Sonia Gandhi and vice-president Rahul Gandhi faced legal trouble in a case involving the now shut National Herald newspaper – on a complaint pursued by BJP leader Subramanian Swamy.

The BJP also faced unprecedented trouble in Modi’s home state Gujarat, with a young Hardik Patel bringing thousands of Patels on the streets for job quotas. He was accused of sedition, but the BJP suffered huge reverses in later civic body elections.

The unending BJP-opposition frictions buried the Goods and Services Tax bill, which could not be passed in parliament.

The BJP had some reasons to cheer. It made gains in local body elections in Kerala – where it has never won an assembly seat – and bagged two assembly seats in Manipur.

Even the end of 2015 saw fireworks.

The CBI raided in December the Delhi Secretariat, targeting a senior official aide to Chief Minister Kejriwal charged with corruption. But the AAP leader alleged his office was searched for what he said was a file linking corruption in the Delhi and District Cricket Association (DDCA) to Finance Minister Arun Jaitley.

A furious Jaitley – known to be close to Modi – filed a defamation case against Kejriwal. And the BJP suspended its MP Kirti Azad, who had been campaigning on the issue for long, leading to more disquiet among party veterans uncomfortable with the working style of Modi and Amit Shah.(Prashant Sood, IANS)

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CJI faces revolt from four senior most SC judges

The four judges -- Justices Ranjan Gogoi, Kurian Joseph and Madan B. Lokur besides Justice Chelameswar -- released a letter they wrote to Justice Misra a couple of months ago

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Supreme court went into a frenzy as four senior judges revolt against CJI. Wikimedia Common
Supreme court went into a frenzy as four senior judges revolt against CJI. Wikimedia Common
  • The sudden revolt against Chief Justice of India (CJI) by the four senior-most judges of Supreme Court has sent the whole judicial system into an uproar.
  • The four judges accused the CJI of corruption and breaches in a surprise Press Conference.
  • Judge Loya’s death’s controversy, supposedly, sparked this reaction out of the other judges.

Divisions in the Supreme Court burst out in the open on Friday when four senior-most judges took an unprecedented step of addressing the media to accuse Chief Justice Dipak Misra of breaching rules in assigning cases to appropriate benches, with one of them pointing to the plea regarding the mysterious death of Special CBI judge B. H. Loya.

The hurried press conference was called to reveal CJI's corruption. Pixabay
The hurried press conference was called to reveal CJI’s corruption. Pixabay

At a hurriedly called press conference at his residence, Justice J. Chelameswar and three other colleagues said the Supreme Court administration was “not in order” and their efforts to persuade Justice Misra even this morning “with a specific request” failed, forcing them to “communicate with the nation” directly.

The four judges — Justices Ranjan Gogoi, Kurian Joseph and Madan B. Lokur besides Justice Chelameswar — released a letter they wrote to Justice Misra a couple of months ago, conceding that he was the master of roster but that was “not a recognition of any superior authority, legal or factual of the Chief Justice over his colleagues”.

Asked specifically if they were upset over reference of the matter seeking a probe into the suspicious death of Judge Loya, Justice Gogoi said: “Yes.”

Judge Loya's death is said to have happened due to a conspiracy. Pixabay
Judge Loya’s death is said to have happened due to a conspiracy. Pixabay

Judge Loya, who was hearing a case relating to the killing of gangster Sohrabuddin Sheikh in an alleged fake shootout in which BJP chief Amit Shah was named an accused (later discharged), died of cardiac arrest in 2014. His family has raised doubts over the circumstances in which Judge Loya died and have sought an independent probe into it.

Plea’s seeking probe came up for a hearing in the Supreme Court on Friday when the top court expressed concerns over it and said it was a “serious issue”. It asked the Maharashtra government to produce all the documents related to the case before January 15.

In a seven-page letter, the four judges said they were not mentioning details of the cases only to avoid embarrassing the institution because “such departures have already damaged the images of this institution to some extent”.

The clash among the judges in the highest court also comes in the wake of a controversial order in November in which Justice Misra declared that the Chief Justice “is the master of the roster” having exclusive power to decide which case will go to which judge.

The CJI called himself 'master of roster' further enraging other judges. Pixabay
The CJI called himself ‘master of the roster’ further enraging other judges. Pixabay

The CJI had given the order a day after a two-judge bench headed by Justice Chelameswar had passed an order that a five-judge bench of senior most judges in the apex court should be set up to consider an independent probe into a corruption case in which bribes were allegedly taken in the name of settling cases pending before Supreme Court judges.

Holding that the Chief Justice was only the first among equals, the four judges contended that there were well-settled and time-honoured conventions guiding the Chief Justice in dealing with the strength of the bench required or the composition thereof.

“A necessary corollary to the above-mentioned principle is the members of any multi-numbered judicial body, including this court, would not arrogate to themselves the authority to deal with and pronounce upon matters which ought to be heard by appropriate benches, both composition-wise and strength-wise with due regard to the roster fixed,” they wrote in the letter.

They said any departure from the two rules would not only lead to “unpleasant and undesirable consequences of creating doubt in the body politic about the integrity of the institution” but would create “chaos”.

The four judges also touched upon another controversial issue, the Memorandum of Procedure (MoP) on the appointment of judges over which the Supreme Court had locked horns with the government.

The four judges also touched upon other problematic issues. deliason.files.wordpress.com
The four judges also touched upon other problematic issues. deliason.files.wordpress.com

The government, the letter said, had not responded to the communication and “in view of this silence it must be taken that the MoP has been accepted by the government on the basis of the order of this court”.

Justice Chelameswar told the media that they were “convinced that unless this institution is protected and maintains its requirements, democracy will not survive in the country or any country… The hallmark of a democracy is independent and impartial judges.

“Since all our efforts failed… Even this morning, on a particular issue, we went and met the Chief Justice with a specific request. Unfortunately, we could not convince him that we were right.”

Justice Gogoi said they were “discharging the debt to the nation that has got us here”.

The government appeared to distance itself from the controversy, saying the judges should sort the issue themselves.

Minister of State for Law P. Chaudhary said: “Our judiciary is one of the known, recognised judiciaries in the world. It is an independent judiciary. At this stage, I think no agency is required to intervene or interfere. The Chief Justice and other members should sit together and resolve. There is no question of panic.”

the matter should be resolved among the judges themselves, says P. Chaudhary.

The Supreme Court split had an immediate political fallout, with CPI leader D. Raja saying after meeting Justice Chelameswar that Parliament will have to devise methods to sort out problems like this in the top judiciary.

Two judges, Justice S. A. Bobde and Justice L. Nageshwar Rao, are understood to have called on Justice Chelameswar. IANS