TIMES NATION 19 SC moves to end fight A devotee can use ...€¦ · installed during Simhastha...

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THE TIMES OF INDIA, NEW DELHI SATURDAY, OCTOBER 28, 2017 19 TIMES NATION AmitAnand.Choudhary @timesgroup.com New Delhi: In an attempt to resolve the logjam over adop- tion of a procedure for ap- pointment of judges, the Su- preme Court on Friday sought a fresh response from the government and asked senior advocate K V Vishwa- nathan to assist it in adjudi- cating the vexed issue. Observing that it is in public interest to finalise the Memorandum of Under- standing (MoP) at the earli- est, a bench of Justices A K Goel and U U Lalit issued no- tice to the attorney general seeking reasons for the delay in finalising the procedure. Referring to the apex court’s verdict in Justice Karnan’s case — the Kolkata High Court judge who was sentenced for contempt — the bench said there was need to revisit the appoint- ment process and provide for corrective measures other than impeachment. With the MoP not being fi- nalised in the last two years due to differences between the Centre and SC collegium, the court decided to inter- vene to try and end the dead- lock and pave way for timely and orderly selection of judges for higher judiciary. A Constitution bench in October 2015 struck down the National Judicial Appoint- ments Commission and in De- cember 2015 directed the Cen- tre to frame a new MoP in con- sultation with the CJI, who was to act in accordance with the unanimous view of the members of the collegium. But the Centre and the collegium were not able to agree with both sides refus- ing to budge over stated posi- tions on the clauses such as the one on national security that allows the government to reject a name on such sen- sitive grounds. “Even though no time limit was fixed by this court for finalisation of the MOP, the issue cannot linger on for indefinite period. The order of this court is dated Decem- ber 16, 2015 and thus more than one year and ten months have already gone by,” the bench said. “We also find substance in the submission that the MoP must provide for a mecha- nism so that appointments of regular chief justices of high courts are not unduly de- layed,” the court said, so that appointments take place by the time vacancies arise. The court passed the or- der on a plea filed by advo- cate R P Luthra seeking its direction to the Centre and SC administration to final- ise MoP. Although the pet- itioner also suggested that all appointments made in the SC and HCs subsequent to December 2015 be quashed as there was no MoP, the bench turned down his plea. He approached the apex court after his plea was dis- missed by the Delhi HC. Court Issues Notice To AG, Appoints Amicus SC moves to end fight on MoP to pick judges TO RESOLVE A VEXED ISSUE New Delhi: The Supreme Court gave its nod on Friday to new norms for worship- ping at the ancient Mahaka- leshwar Jyotirlinga temple in Ujjain city of Madhya Pra- desh, including allowing on- ly 500 ml of reverse osmosis water for the ceremony. The apex court approved eight points of the resolution passed by the temple man- agement committee in con- sonance with the recommen- dation of an expert commit- tee of officials of the Archeo- logical Survey of India and Geological Survey of India. A bench of Justices Arun Mishra and L Nageswara Rao said the recomendations of the expert committee need to be implemented to preserve the lingam (symbol of the dei- ty). As per the new approved norms, the devotees would be permitted a fixed amount of water measuring 500ml in an appropriate small pot per per- son for Jalabhishek (worship- ping by offering water). It said that the water for Jalabhishek shall be taken from the Re- verse Osmosis (RO) machine installed during Simhastha (religious fair), 2016, for which a connection shall be provided near the sanctum sanctorum. The new resolution says that from now on, during the Bhasma Aarti, the lingam would be fully covered with dry cotton cloth during the prayers. Curbs were also pla- ced for Abhishek and only up to 1.25 litres of milk or pan- chamrut (mixture of honey, liquid jaggery, milk, yogurt and ghee) per devotee shall be allowed. After the Jalabh- ishek which concludes at 5pm every day, the lingam will be cleaned and dried to minimise water content. PTI Adevotee can use only 500ml of RO water on Shivling of Ujjain temple: SC New Delhi: Union law minis- ter Ravi Shankar Prasad has written to the chief justices of all high courts asking them to expedite the recruitment of court managers, a separate cadre of officers to assist the judges in ‘streamlining court administration’ and free judg- es for adjudicating cases. The letter says the scheme of appointing court managers was available since 2010 and an allocation of Rs 300 crore was made for the high courts to appoint such officers. How- ever, the minister has pointed out how the reluctance of the high courts has left the scheme close to failure with less than 15% of the allocated money spent for this purpose. Through these court man- agers, the government is plan- ning to create a separate cadre of officers in states to look af- ter management of lower courts so that judges can con- centrate on judicial functions and not get bogged down with administrative work. The 13th Finance Commission had al- located Rs 300 crore between 2010-15 for the lower courts to appoint court managers. Recruit court managers to help judges, govt tells HCs TIMES NEWS NETWORK The SC approved eight points of the resolution passed by the temple management committee in consonance with the recommendation of an expert committee of officials of the Archeological Survey of India and Geological Survey of India

Transcript of TIMES NATION 19 SC moves to end fight A devotee can use ...€¦ · installed during Simhastha...

Page 1: TIMES NATION 19 SC moves to end fight A devotee can use ...€¦ · installed during Simhastha (religious fair), 2016, for which aconnection shall be provided near the sanctum sanctorum.

THE TIMES OF INDIA, NEW DELHI SATURDAY, OCTOBER 28, 2017 19TIMES NATION

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New Delhi: In an attempt toresolve the logjam over adop-tion of a procedure for ap-pointment of judges, the Su-preme Court on Fridaysought a fresh response fromthe government and askedsenior advocate K V Vishwa-nathan to assist it in adjudi-cating the vexed issue.

Observing that it is inpublic interest to finalise theMemorandum of Under-standing (MoP) at the earli-est, a bench of Justices A KGoel and U U Lalit issued no-tice to the attorney generalseeking reasons for the delayin finalising the procedure.

Referring to the apexcourt’s verdict in JusticeKarnan’s case — the KolkataHigh Court judge who wassentenced for contempt —the bench said there wasneed to revisit the appoint-ment process and provide forcorrective measures otherthan impeachment.

With the MoP not being fi-nalised in the last two yearsdue to differences between

the Centre and SC collegium,the court decided to inter-vene to try and end the dead-lock and pave way for timelyand orderly selection ofjudges for higher judiciary.

A Constitution bench inOctober 2015 struck down theNational Judicial Appoint-ments Commission and in De-cember 2015 directed the Cen-tre to frame a new MoP in con-sultation with the CJI, whowas to act in accordance withthe unanimous view of themembers of the collegium.

But the Centre and thecollegium were not able toagree with both sides refus-ing to budge over stated posi-tions on the clauses such asthe one on national securitythat allows the governmentto reject a name on such sen-

sitive grounds.“Even though no time

limit was fixed by this courtfor finalisation of the MOP,the issue cannot linger on forindefinite period. The orderof this court is dated Decem-ber 16, 2015 and thus morethan one year and tenmonths have already goneby,” the bench said.

“We also find substance inthe submission that the MoPmust provide for a mecha-nism so that appointments ofregular chief justices of highcourts are not unduly de-layed,” the court said, so thatappointments take place bythe time vacancies arise.

The court passed the or-der on a plea filed by advo-cate R P Luthra seeking itsdirection to the Centre andSC administration to final-ise MoP. Although the pet-itioner also suggested thatall appointments made inthe SC and HCs subsequentto December 2015 be quashedas there was no MoP, thebench turned down his plea.He approached the apexcourt after his plea was dis-missed by the Delhi HC.

Court Issues Notice To AG, Appoints Amicus

SC moves to end fighton MoP to pick judges

TO RESOLVE A VEXED ISSUE

New Delhi: The SupremeCourt gave its nod on Fridayto new norms for worship-ping at the ancient Mahaka-leshwar Jyotirlinga templein Ujjain city of Madhya Pra-desh, including allowing on-ly 500 ml of reverse osmosiswater for the ceremony.

The apex court approvedeight points of the resolutionpassed by the temple man-agement committee in con-sonance with the recommen-dation of an expert commit-tee of officials of the Archeo-logical Survey of India andGeological Survey of India.

A bench of Justices ArunMishra and L Nageswara Raosaid the recomendations ofthe expert committee need tobe implemented to preservethe lingam (symbol of the dei-ty). As per the new approvednorms, the devotees would bepermitted a fixed amount of

water measuring 500ml in anappropriate small pot per per-son for Jalabhishek (worship-ping by offering water). It saidthat the water for Jalabhishekshall be taken from the Re-verse Osmosis (RO) machineinstalled during Simhastha(religious fair), 2016, for which

aconnection shall be providednear the sanctum sanctorum.

The new resolution saysthat from now on, during theBhasma Aarti, the lingamwould be fully covered withdry cotton cloth during theprayers. Curbs were also pla-ced for Abhishek and only upto 1.25 litres of milk or pan-chamrut (mixture of honey,liquid jaggery, milk, yogurtand ghee) per devotee shallbe allowed. After the Jalabh-ishek which concludes at5pm every day, the lingamwill be cleaned and dried tominimise water content. PTI

A devotee can use only 500ml of ROwater on Shivling of Ujjain temple: SC

New Delhi: Union law minis-ter Ravi Shankar Prasad haswritten to the chief justices ofall high courts asking them toexpedite the recruitment ofcourt managers, a separatecadre of officers to assist thejudges in ‘streamlining courtadministration’ and free judg-es for adjudicating cases.

The letter says the schemeof appointing court managerswas available since 2010 andan allocation of Rs 300 crorewas made for the high courtsto appoint such officers. How-ever, the minister has pointedout how the reluctance of thehigh courts has left thescheme close to failure withless than 15% of the allocatedmoney spent for this purpose.

Through these court man-agers, the government is plan-ning to create a separate cadreof officers in states to look af-ter management of lowercourts so that judges can con-centrate on judicial functionsand not get bogged down withadministrative work. The 13thFinance Commission had al-located Rs 300 crore between2010-15 for the lower courts toappoint court managers.

Recruit courtmanagers tohelp judges,

govt tells HCs TIMES NEWS NETWORK

The SC approved eight points of the resolutionpassed by the temple management committee inconsonance with the recommendation of an expert committee of officials of the ArcheologicalSurvey of India and Geological Survey of India