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Detailed Report: On 10-10-2018, the Viceroy Hall of The Claridges, New Delhi witnessed the presence of some eminent Judges of the Supreme Court for the release of “The Justice Dipak Misra Reader” by EBC Publishing Pvt. Ltd.

For this buoyant evening, the Chief Guest was Justice AK Sikri, Judge Supreme Court, Guests of Honour and Panelists were Justice Dipak Misra (Former Chief Justice of India), Attorney General KK Venugopal, eminent and distinguished Prof (Dr) NR Madhava Menon and Mr Surendra Malik, Chief Editor, Supreme Court Cases (SCC) . The Panel discussion was moderated by Shereen Bhan, Managing Editor, CNBC-TV18 [See the video coverage here].

The event was attended by distinguished guests including another former CJI Justice R.C. Lahoti and veteran Advocate and former Attorney General Soli Sorabjee among others.

The Justice Dipak Misra Reader” is an ensemble of the major judgments delivered by Former Chief Justice of India Dipak Misra during his tenure in the office. The evening began with welcome speech by Mr Sumeet Malik for a gathering of Former Chief Justices, Sitting and Former Justices along with an energetic and full of curiosities audience for the launch of the Dipak Misra Reader following the panel discussion on “Constitutional Morality” a very much used and discussed phenomenon in the talked about recent 5-Judge Bench, Sabarimala Case [Indian Young Lawyers Assn. v. State of Kerala, 2018 SCC OnLine SC 1690].

 

In the address, Mr Sudeep Malik’s words of wisdom and thought-provoking speech on the topic for the day “Constitutional Morality” gave a start to the discussion followed by Ms Shereen Bhan’s moderation towards the discussion. Former CJI Dipak Misra while mentioning the concept of “Constitutional Silences” along with Justice AK Sikri, Judge Supreme Court of India, speaking in favour of the idea of “Constitutional Morality” pulled all the strings for the acceptance of the same by AG KK Venugopal who supported the dissenting view of Indu Malhotra, J. in the Sabarimala decision along with Prof (Dr) NR Madhava Menon giving a “not-so-convinced” nod towards the concept. Mr Surendra Malik elevated the concept of constitutional morality to the stature of “Dharma”, a description that was well received by the august gathering including the Hon’ble Judges.

The phenomenal evening assembled with the efforts of the EBC family was wrapped up successfully with enthralling and enlightening views of the illustrious crowd.

 

 

About the book:

The Justice Dipak Misra Reader is the unique and comprehensive law and jurisprudence enunciated by Former Chief Justice Dipak Misra on certain key issues that face our Nation and our People today, in his seven highly prolific years at the Supreme Court. What makes this body of law particularly valuable is that it is directly actionable.  The Reader has been crafted in such a way that the original headnotes, pagination and paragraphing of the judgments as published in SCC has been retained. Thus, the cases included in The Reader can easily be cited in a court of law.

The cases in Vol. 1 of the Reader relate particularly to Constitutional Governance beyond the express words of the Constitution, in consonance with what has been coined as “Constitutional Morality”: the Spirit that animates the Letter of the Constitution.

In the area of Human Rights and Social Reform, the cases in Vol. 2 of The Reader relate most poignantly to the Empowerment of Women and Children and to the Protection of their Body, Soul and Spirit.

In addition to crafting completely new principles in the above crucial areas of law, the learned judgments in Vol. 3 clarify important issues in various areas of Criminal Law and Procedure, and Arbitration, Commercial and Civil Law.

-Sumeet Malik

-Sudeep Malik

 

Hot Off The PressNews

In yet another unprecedented move by Justice J Chelameswar, the soon to retire Supreme Court judge has declined to attend his farewell function to be organised by the Supreme Court Bar Association (SCBA) citing personal reasons. According to reports, when approached by SCBA, Justice J Chelameswar said that he was not comfortable with such events, and that he did not want a farewell function even when he was transferred from the Andhra Pradesh High Court. The members of SCBA said that they will again meet Justice Chelameswar to persuade him. They, however, expressed reservations whether they will be able to do so.

It is not the first time when Justice Chelameswar has hit the headlines. He has more often than not been in the news for his unprecedented moves. In January this year, for the first time, the nation witnessed a press conference held by the senior most sitting judges of the Supreme Court highlighting the issue of allotment of cases by CJI Dipak Misra. Justice J Chelameswar, leading the press conference that also included Justice Ranjan Gogoi, Justice Madan B. Lokur and Justice Kurian Jospeh, said:

“All four of us are convinced that unless this institution is preserved and it maintains its equanimity, democracy will survive in this country, or any country.”

It is important to note that the said allotment of cases issue, famously known as the ‘Master of Roster’ issue is still doing rounds with Opposition filing impeachment motion against CJI Dipak Misra.

Later, in March, Justice Chelameswar agin wrote a letter to CJI Dipak Misra, highlighting the ‘Executive encroachment’ in the judicial matters. In the letter, he highlighted the issue of ‘executive bidding’ by Justice Dinesh Maheswari, the Chief Justice of the Karnataka High Court for the elevation of Krishna Bhat, a District & Sessions Judge.

Justice J Chelameswar, who is due to retire on June 22nd, will serve as the senior most Supreme Court judge for one last time on May 18th, the last working day before the Court breaks for summer vacation.

(With inputs from News18)

Hot Off The PressNews

Rajya Sabha Chairman Venkaiah Naidu has rejected the impeachment motion against Chief Justice of India Dipak Misra, moved by 7 opposition parties. The impeachment notice had come a day after the Supreme Court rejected a batch of petitions seeking an independent probe into the death of Judge B H Loya, who was hearing the Sohrabuddin Sheikh encounter case. Signatures of 64 lawmakers from seven parties were submitted on Friday.
The order passed by Shri Naidu states,
“The motion presented by the MPs indicates a mere suspicion, conjecture or an assumption in the Prasad Education Trust case. The same does not constitute proof beyond a reasonable doubt required to make out a case of proved misbehavior.”
The order said the conversations between third parties with dubious credentials cannot themselves constitute material evidence against CJI.
“Going through the allegations mentioned in the notice, I am of the view they are neither tenable nor admissable. The allegations emerging from the case have a serious tendency of undermining the independence of the judiciary, which is the basic tenet of the Constitution of India.”
The order further said,
I am  of the clear  opinion  that  all  facts,  as  in  the motion,  read  with the context  of  the  annexed documents, do not make out a  case   under Article 124 (4) of the  Constitution   which can lead  any  reasonable  mind   to  conclude that    the   Chief   Justice   of  India   on   these  facts can  be  ever   held   guilty  of “misbehaviour”.
Shri Naidu further noted,
“As   heirs  to an illustrious democratic tradition and custodians of the present and future of democratic  polity, we  should, in  my view, collectively  strengthen   and   not   erode the   foundations   of  the   grand edifice bequeathed to us by the Constitution makers. We cannot allow  any of our  pillars of governance  to be weakened by any  thought,  word,  or action.”

Rajya Sabha

[Order Dt. 23.4.2018]