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SC reserves orders on plea to revisit criteria to designate senior advocates | Latest News India

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The Supreme Court on Thursday reserved orders on a set of demands by Centre and lawyers seeking changes in the guidelines introduced by the top court in October 2017 for conferring lawyers with “Senior Advocate” designation.

The court said they are fine-tuning a very limited aspect of the judgment. (File image)
The court said they are fine-tuning a very limited aspect of the judgment. (File image)

The October 2017 judgment introduced a five-member permanent committee headed by Chief Justice of India (and chief justice in high courts) for scrutinizing the applicants and marking them under a points-based system based on the number of years of practice, contribution to judgments, and publications, if any.

Finally, the committee, also comprising two senior most judges (of Supreme Court or high court, as is the case), attorney general (or advocate general) and a nominated lawyer will interview the candidates and submit a final list for the full court (comprising all judges) to decide either by open or secret ballot.

These directions had come on a petition filed by senior advocate Indira Jaising who did not appreciate the existing system of secret ballot resorted by Supreme Court and high courts which increased chances of lobbying by desiring lawyers.

Also Read: How do we reinstate a CM who didn’t even face floor test?: SC on Sena crisis

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The Centre had objected to the 2017 judgment claiming that the criteria selected by court was contrary to the scheme under Section 16 of the Advocates Act, 1961. It is this provision which empowers constitutional courts to designate senior advocates. Section 16 seeks to test the ability of a lawyer to be made senior advocate based on the standing at the bar, special knowledge or experience in law.

The bench headed by justice Sanjay Kishan Kaul said the Centre was seeking review of the judgment under the garb of an application.

The bench, also comprising justices Ahsanuddin Amanullah and Aravind Kumar said, “These issues were never raised by the Centre when the matter was heard (in 2017). The then Attorney General KK Venugopal had appeared for Centre participated in getting this judgment. The Centre never filed a review petition against this judgment. Under the garb of this application, we cannot allow you to seek review of our order.”

Further, the court added, “We are fine-tuning a very limited aspect of our judgment,” while reserving orders on the Centre’s plea.

The Bar Council of India (BCI) also appeared in the matter and objected to the permanent committee being given such vast powers.

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BCI chairman and senior advocate Manan Kumar Mishra who presented the arguments said the permanent committee cannot be assigned the role of marking the candidates for senior designation.

The bench told Mishra, “It seems you want representation in the committee.”

Jaising also agreed to have BCI representation in the committee but she strongly opposed the Centre’s application to question the 2017 judgment in every aspect.

After the judgment was delivered on her petition, it was Jaising who had approached the court with a slew of applications pointing out that several high courts were either not designating senior advocates or were at fault for flouting the directions passed in 2017.

According to the judgment, the permanent committee would assign 10 points to a lawyer with 10-year standing and for every additional year, one point each will be added to the score. Those with over 20 years practice at the bar were to be assigned 20 points. Contribution to judgments was the highest significant factor carrying 40 points where the committee examined the domain expertise of lawyers, and the pro bono work (appearance as amicus curiae or under legal aid) undertaken. Publications by way of legal articles carried 15 points and the final 25 points was determined by the interview.

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The Centre, represented by additional solicitor general (ASG) KM Nataraj said, “The parameters based upon which the judges would judge the performance of each lawyer can never be classified in four straitjacket classifications contemplated in the judgment.”

He sought a revert to the old system of secret ballot as the marks-based assessment carried the potential of inclusion of some undeserving names to the exclusion of deserving candidates.

He said that such a system will create embarrassing situations for judges as desiring candidates will lobby before the committee members for being selected as they will be interviewing these candidates.

The bench told Nataraj, “There are always subjective and objective criteria to be adopted. On one hand you say leave it to the judges to decide by ballot and on the other hand, you do not want a judgment to be made based on an interview.”

The court said that it will examine whether any or every published work should be considered or not as there ought to be a qualitative assessment of the content of articles under consideration. The court was of the view that in this job, senior advocates practicing at the bar can be of assistance. In addition, the court even envisaged lawyers who are into teaching than penning down articles, which could be a factor for consideration.

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Even the Supreme Court secretary general moved an application stating that under the present system, applications for senior designation are invited twice every year.

ASG Madhavi Divan appearing for the secretary general submitted that six months is too less a time for completing all formalities.

The Supreme Court Bar Association also gave its suggestions to the court demanding that the weightage to published works and interview should be done away with.

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How Rahul Gandhi’s disqualification from parliament works | Latest News India

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Here’s how Rahul Gandhi, leader of India’s opposition Congress Party, was disqualified as a lawmaker by parliament and what could happen next:

Gandhi faces the risk of not being able to contest the next general election due in 2024 if his conviction is not suspended or overturned, or the sentence is not reduced by a higher court.(Sanjeev Verma/HT)
Gandhi faces the risk of not being able to contest the next general election due in 2024 if his conviction is not suspended or overturned, or the sentence is not reduced by a higher court.(Sanjeev Verma/HT)

WHAT DOES THE LAW SAY?

Section 8(3) of the Representation of the People Act, 1951, the law that governs elections in India, mandates disqualification of any lawmaker who is “convicted of any offence and sentenced to imprisonment for not less than two years”.

A lower court sentenced Gandhi, 52, on Thursday to two years in jail on charges of defamation for a 2019 speech in which he referred to thieves as having the surname Modi. India’s prime minister is called Narendra Modi.

His disqualification as lawmaker came into effect from the date of conviction. A formal disqualification notice was issued on Friday by the secretariat of India’s Lok Sabha, the lower house of parliament of which Gandhi was a member.

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CAN GANDHI CONTEST ELECTIONS?

Gandhi faces the risk of not being able to contest the next general election due in 2024 if his conviction is not suspended or overturned, or the sentence is not reduced by a higher court.

The law also mandates that a convicted lawmaker cannot contest elections for six years after the end of their jail term.

Gandhi represented the Wayanad constituency in the southern state of Kerala.

Congress spokesperson Abhishek Manu Singhvi said on Friday the party was confident the conviction would be suspended.

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WHAT NEXT FOR GANDHI?

To save his parliament seat, a convicted lawmaker has to secure an order from a higher court suspending the conviction, lawyers said.

A lawmaker can be reinstated to parliament if the conviction is stayed or overturned and a fresh election to the seat had yet to be conducted. A reduced sentence would also remove the disqualification.

Gandhi was present in the Gujarat court which gave him bail immediately and suspended the sentence for a month, allowing him to appeal against it.

He can secure bail extensions during the appeal period but cannot contest elections until the conviction is stayed or he is acquitted or he gets a reduced sentence in the case.

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Supreme Court lawyer Vikram Hegde said the most likely recourse for Gandhi was to appeal to a sessions court and seek a stay of conviction.

Once a court suspends the conviction, the disqualification ceases to operate, Hegde told Reuters.

WHAT HAPPENED IN 2013?

In July 2013, India’s top court ordered that lawmakers convicted of a serious crime would immediately forfeit their seats, closing off a loophole that had allowed politicians to stay on during appeals, which can drag on for years in India.

In response, then-Prime Minister Manmohan Singh’s government, a coalition led by the Congress party, issued an executive order that could have allowed convicted lawmakers to continue to hold office and stand in elections.

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Gandhi lambasted Singh’s ordinance as “complete nonsense” and said it should be torn up and thrown out, embarrassing his own party and forcing the government to withdraw the decree.

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Who is Tajinder Gill, what Punjab Police found from Amritpal aide? | Latest News India

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The Khanna Police in Punjab has recovered videos from a mobile phone of Tajinder Singh Gill, aka Baba Gorkha, a close aide of pro-Khalistani leader and ‘Waris Punjab De’ chief Amritpal Singh.

Videos recovered from a mobile phone of Tajinder Singh Gill show firearms practice by youngsters allegedly picked for Amritpal Singh's Anandpur Khalistan Fauz (AKF).(Screenshot)
Videos recovered from a mobile phone of Tajinder Singh Gill show firearms practice by youngsters allegedly picked for Amritpal Singh’s Anandpur Khalistan Fauz (AKF).(Screenshot)

The phone carries pictures of the flag, emblem and currency of “Khalistan” and videos show firearms practice by youngsters allegedly picked for the radical preacher’s Anandpur Khalistan Fauz (AKF), the Punjab Police said on Friday.

The incriminating material shows the “sinister designs” of this nascent militia force and the enormous threat they would have become for “peace and harmony of Punjab and national security”, a statement by police in Khanna district said.

Who is Tajinder Singh Gill and what Punjab Police revealed?

Senior Superintendent of Police (Khanna) Amneet Kondal said that during interrogation, Tajinder Singh Gill or Baba Gorkha said he had come in contact with Amritpal Singh through Bikram Singh Khalsa, whom he had come in touch with during the farmers’ protest on the outskirts of Delhi.

Baba also revealed that they made a firing range in Amritpal’s native Jullupur Kheda village in Amritsar district. They have also arranged bulletproof jackets.

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Baba went to Jallupur Khera five months back and was inducted as his gunman. Baba was given weapons marked AKF and firing practice was conducted at a makeshift range in the village.

Baba used to display weapons in pictures and videos on social media without having an arms licence. An FIR against him was registered under IPC Section 188 (disobedience to order duly promulgated by public servant), the police earlier said.

Officials said the investigation has revealed that he was also involved in the Ajnala incident and the Ajnala Police will separately take action against him.

The arrested man was a member of the AKF, being raised by Amritpal to wage an armed struggle for the formation of a separate Khalistan state, a police statement said.

What Punjab Police found?

The phone seized after the arrest on Wednesday of Baba, 42, of village Mangewal held pictures that revealed the design of the flag and the emblem of “Khalistan” and the logos for its proposed provinces.

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Kondal said the mobile phone also had pictures of an AKF hologram and Khalistan currency, including a “10 dollar” note. There was also a picture of a Pakistani national’s driving licence.

The “Khalistan flag” had some Urdu words on it.

During the investigation, police said, Baba revealed that all AKF members were assigned belt numbers like AKF 3, AKF 56 and AKF 47 – perhaps based on their seniority or proximity to Amritpal Singh.

The examination of his phone showed that two WhatsApp groups – “AKF” and “Amritpal Tiger Force” – were created.

The members of the AKF were paid salaries.

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Another associate, Gurbhej Singh alias Bheja, arranged 10 bullet-proof jackets with AKF inscribed on them for the group two months back.

He also gave firearms training to newly inducted members of the group at the makeshift firing range.

Videos of members showing their expertise in assembling, disassembling, cleaning weapons have been recovered, the SSP said.

While Amritpal has eluded police since it began a crackdown against him and his Waris Punjab De outfit, several of his alleged aides are now in custody.

(With inputs from PTI)

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Centre hikes DA by 4% to 42% for central govt employees | Latest News India

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Union minister Anurag Thakur on Friday announced that the government has increased the dearness allowance or DA for central government employees by 4 per cent to 42 per cent with effect from January 1, 2023.

The government has increased the dearness allowance for central government employees by 4 per cent with effect from January 1, 2023.
The government has increased the dearness allowance for central government employees by 4 per cent with effect from January 1, 2023.

It has also extended the subsidy under the Pradhan Mantri Ujjawala Yojana for another year and decided to increase the MSP for jute by 300.

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