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Unilateral Appointment Of Arbitrators In Public-Private Contract Violates Article 14: SC

Unilateral Appointment Of Arbitrators In Public-Private Contract Violates Article 14: SC

The Supreme Court on Friday ruled that the unilateral appointment of arbitrators by a government entity in a public-private contract violates Article 14 of the Constitution. A 5-judge Constitution Bench, headed by CJI D.Y. Chandrachud, said that since the activities of the government have a public element, it is incumbent upon the government to ensure that it enters into a contract with the public without adopting any unfair or unreasonable procedure.

“Therefore, government agencies have to consider the principles of equality and non-arbitrariness when crafting arbitration procedures, including the procedure for the appointment of arbitrator,” it added. The opinion, concurred by Justices J.B. Pardiwala and Manoj Misra, said that unilateral appointment clauses in a public-private contract fail to provide the minimum level of integrity required in authorities performing quasi-judicial functions such as arbitral tribunals and a unilateral appointment clause is against the principle of arbitration, that is, impartial resolution of disputes between parties. Further, the apex court held that the principle of equal treatment of parties applies at all stages of arbitration proceedings, including the stage of appointment of arbitrators.

“The Arbitration Act does not prohibit PSUs from empanelling potential arbitrators. However, an arbitration clause cannot mandate the other party to select its arbitrator from the panel curated by PSUs,” it added. The SC clarified that the law laid down in its judgment will apply prospectively to arbitrator appointments. In his separate opinion, Justice Hrishikesh Roy opined that the independence and impartiality of the arbitrator must be examined within the statutory framework of the Arbitration Act and public law and constitutional principles should not be imported into arbitration proceedings.

Justice P.S. Narasimha, in his opinion, said that arbitration agreements enabling one of the parties to unilaterally constitute an arbitral tribunal do not inspire confidence of independence and after scrutinising the agreement, the court can hold them to be invalid. “It is not permissible for the court to give an advance declaration that all such agreements which enable one of the parties to unilaterally constitute the arbitral tribunal would be void per se. No two agreements are the same and it is necessary for the court to examine the text and context of the agreement,” he added.

–IANS

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People Fed Up With Waqf Issue; NDA Set To Win All 3 Seats In Bypolls: Karnataka BJP chief

People Fed Up With Waqf Issue; NDA Set To Win All 3 Seats In Bypolls: Karnataka BJP chief.

Karnataka BJP President B Y Vijayendra on Friday exuded confidence that the NDA candidates will win all three seats in Karnataka bypolls as people were fed up with the Waqf issue and the Siddaramaiah government’s approach towards it.

Speaking to the media at Vidhana Soudha in Bengaluru, Vijayanedra claimed: “People were questioning the anti-farmers’ policy of the state government. The attempt to encroach the properties of the mutts and religious institutions, the anti-Hindu approach of the state government will compel the people to rebel against the state government.” Chief Minister Siddaramaiah’s approach to the Waqf row was being questioned by the people of the state and farmers, he said. The BJP and JD-S candidates will win all three constituencies in by-elections in the state, he reiterated. “In the Shiggaon Assembly seat, there was an atmosphere that the BJP has emerged victorious. In Sandur and Channapatna seats, the Congress was under the illusion that it would win at any cost. Now, Chief Minister Siddaramaiah and his ministers have realised that they are suffering setbacks,” he stated.

“After cancelling his fixed programmes, Chief Minister Siddaramaiah was camping in Sandur constituency. It shows that the Sandur constituency was slipping away from the Congress and the people were all set to make the BJP victorious,” Vijayendra claimed. Former CM Basavaraj Bommai’s son Bharat Bommai was contesting as BJP’s candidate from the Shiggaon seat. The seat was represented by Basavaraj Bommai. The Congress has fielded Yasir Ahamed Khan Pathan. Congress ticket aspirant Syed Ajjampeer Khadri rebelled against the decision and filed for nomination as an independent candidate. Later, Chief Minister Siddaramaiah and top party brass managed to convince Khadri to withdraw the nomination.

ST Morcha State President Bangaru Hanumanthu is the BJP candidate from Sandur. Hanumnathu will contest against Annapurna, the wife of the Congress MP from Ballary E. Tukaram. The seat was represented by Tukaram. The high-profile Channapatna seat was witnessing a direct fight between former PM H. D. Deve Gowda and Dy CM and State Congress President D.K. Shivakumar’s family. The seat was represented by Union Minister Deve Gowda’s son H.D. Kumaraswamy. Kumaraswamy’s son Nikhil is contesting as the NDA candidate under the JD-S symbol.

Alongside Kumaraswamy, 92-year-old Deve Gowda was camping in the constituency and campaigning for his grandson spiritedly. On the other hand, Shivakumar and his brother D.K. Suresh managed to hijack BJP leader C. P. Yogeshwara and made him their candidate. Both have extensively toured the constituency for three months and carried out intense campaigning in the region.

–IANS

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Teachers Working Under Threat Of Criminal Cases Against Them, Notes Kerala HC

Teachers Working Under Threat Of Criminal Cases Against Them, Notes Kerala HC

The Kerala High Court, quashing a case against a school teacher for allegedly beating a student in her class, pointed out that teachers are now working under threat of a criminal case being registered against them. The court’s observation came as it took up the petition of a teacher, booked under Section 75 (cruelty to child) of the Juvenile Justice Act and IPC’s Section 324 (voluntary causing hurt by dangerous weapons or means) for beating a student.

Quashing the case, the court pointed out that the case against the teacher was that she beat the student after noticing that he was sitting with his leg placed on top of the desk. It also said that the student himself admitted in his statement that he called the teacher an abusive word. Following this, the teacher beat him with a stick and sent him out of the class. “Now, as I could notice, teachers are in a world of fear, to deal with the students, apprehending registration of criminal cases and detention from behind bars. The teachers are imparting education bearing fear in mind that what to do or what not to do. Some of the students are in the habit of not respecting the teachers and every therapeutic restorative instruction given by the teachers and punitive steps taken by the teachers with bona fide intention as part of their duty, are given the colour of serious non–bailable offence with a view to detaining them in custody,” the bench said.

After making this point, the court cited the story of Drona and Ekalavya where Ekalavya gave his thumb, an organ important for his skill, as ‘gurudakshina’, as it lamented that in the technologically advanced developed world, the teacher-student relationship has become ‘upside down’. It held that the teacher did not do anything intentionally to cause unnecessary mental or physical suffering to the student as it quashed the case against her.

–IANS

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Hindu Munnani Slams Thoothukudi Authorities Over Encroachment Of Temple Land By Christian Missionaries

The Hindu Munnani has strongly condemned and raised serious concerns over the silence of the Thoothukudi district authorities after temple land in the area was allegedly seized by Christian missionaries. The missionaries have reportedly erected structures that block access to local temples in Thoothukudi. Despite locals identifying the issue, the district administration has remained conspicuously silent on this matter.

In Sathankulam Panchayat, Palankulam village, the road leading to the Arulmigu Sastha Palankulamuthaiyan Temple has been encroached upon, with a wall being built allegedly by some Christian miscreants. When locals alerted the Hindu Munnani, State Executive Committee member Sakthivelan, Sathankulam Panchayat General Secretary P. Mayavana Muthusamy, and Thattarmadam Hindu Munnani Auto Association chief Muthu visited the site to investigate. Upon their inspection, they confirmed that the land had indeed been taken over.

Additionally, the locals expressed concern that Christian missionaries had plans to take control of the entire road leading to the Sastha Palankulamuthaiyan Temple. They also claimed that 2.5 acres of land belonging to the nearby Vinayagar Temple had mysteriously disappeared. In response, Hindu Munnani members have vowed to support efforts to recover the land.

The Hindu Munnani has now questioned the inaction of the Deputy Collector of Sathankulam, the District Collector, and other higher officials. The organization has called on them to speak out and intervene to resolve these issues, or to clarify whether they, too, will remain silent in the face of this growing controversy.

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‘Want To Tell You The Raw Data’: CJI Chandrachud On ‘Hiking Pendency’ In SC

Outgoing Chief Justice of India (CJI) DY Chandrachud on Friday responded to the allegations that the pendency of cases in the apex court has gone up during his tenure. In his remarks at the farewell function organised by the Supreme Court Bar Association (SCBA), the CJI said that in the last two years, 1,11,000 cases were filed, 5,33,000 cases were listed, and 1,07,000 cases were disposed of.

“You probably read somewhere that the pendency of the Supreme Court has gone up to 82,000 cases. I want to tell you the raw data. Before November 2022, unregistered/defective cases were never put on public domain and accounted for,” he said. CJI Chandrachud said that when he took over as Chief Justice in November 2022, he found that around 1,500 files were stashed up in the cupboard of a Registrar. “I said this has to change. Every case which enters the system has to be tagged with a number. We decided to put data of all pending cases in the public domain, whether registered or unregistered.” “On January 1, 2020, 79,000 cases were pending, including what we now call the defective cases. That number on January 1, 2022, went up to 93,000 cases. On January 1, 2024, the number came down to 82,000 cases. So this includes both registered and unregistered cases and the number has decreased by 11,000 in 2 years.”

CJI Chandrachud said that the filing of cases has doubled in the top court and while 21,000 bail cases were filed in the last two years, 21,358 bail pleas were disposed of by the SC judges. Appreciating his companion judges, he said that each of his colleagues worked beyond the call of duty and accepted the work given by him as the Chief Justice. After a two-year-long stint in the highest judicial office of the country, CJI Chandrachud is due to retire on November 10 on attaining the age of 65 years. He was first appointed as judge of the Bombay High Court on March 29, 2000, and has also served as Chief Justice of the Allahabad High Court since October 31, 2013, until his elevation as an apex court judge on May 13, 2016.

CJI Chandrachud passed BA with honours in economics from St Stephen’s College, New Delhi and completed LLB from Campus Law Centre, Delhi University. In June 1998, he was designated as a senior advocate by the Bombay High Court. He also served as Additional Solicitor General of India from 1998 till 2000. After CJI Chandrachud recommended the name of Justice Sanjiv Khanna as his successor last month, the Centre has cleared the appointment of Justice Khanna as the 51st CJI with effect from November 11.

–IANS

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Putin Heaps Praise On PM Modi, Insists India Now Among Great Powers Of World

Russian President Vladimir Putin has once again showered praise on India’s rapid rise under Prime Minister Narendra Modi, insisting it is high time that Russia’s “natural partner and ally for decades” is included among the “great powers” of the world.

“India should certainly be included among the great powers: one and a half billion people, the highest rates of economic growth among large economies, an ancient culture, and so on. And the prospects, very good prospects for growth,” Putin said in the plenary session of the 21st annual meeting of the Valdai International Discussion Club held in the southern Russian city of Sochi, on Thursday. The Russian President, who has emphasised in the past that the process of forming a multipolar world is underway, went on to say that he has great respect for PM Modi’s ‘Make in India’ initiative. “India is a great country, the largest in population now – 1.5 billion people, plus 10 million annually. It is developing rapidly. It is the leader in economic growth among large economies. How much is it? I think 7.4 percent GDP growth per year… “And India is one of those countries whose development rates will be faster than even the successfully developing economies of today.

Therefore, our vision of what, how and where, in what areas and at what rates our relations should develop is based on the realities of today. And the realities are such that the volume of our cooperation increases many times over,” he stated. Citing the steady trend from the first nine months of 2024, Putin highlighted that Russia’s trade turnover with India is increasing annually. “We are developing relations with India in all areas… This also concerns the economy – it is developing at a good pace, and also in different areas. There’s energy. By the way, we are ready: in addition to oil supplies, supplies to the Indian market have increased many times over, this concerns the possibility of LNG (Liquefied Natural Gas) supplies. We are actively working in the field of nuclear energy and are building nuclear power plants in India. We have great respect for the idea of Prime Minister Modi ‘Make in India’, for his call ‘Make in India’ and are ready to invest,” he mentioned.

“In the same energy sector, one of the largest foreign investments – 20 billion dollars – is a Russian investment. And we are ready to further develop this in the same vein. Now, of course, we must think about new technologies. We are thinking about this and will move in this direction. At the last meeting, Mr. Prime Minister (PM Modi) drew attention to the fact that Indian agricultural producers have an urgent need to increase the quantity and volume of fertilizer supplies. We have done this and are ready to increase it, keeping in mind the needs of Indian agriculture. There are other areas, too, many of them,” Putin added. The Russian President thanked Prime Minister Modi, expressing “great respect and gratitude” for his ideas on resolving the Ukraine conflict.

“We are, without a doubt, not only grateful to the Prime Minister (Modi) for his attention to these problems, but also for his proposals, and for what and how he does in this regard. But in general, I think that relations with India have been developing at a high rate, and we have every reason to believe that, based on what has been achieved so far, we will move even faster than today,” he said. Putin then detailed the annual gathering about Russia’s growing cooperation with India in the defence and security sphere. “Look at how much Russian equipment is in service with the Indian army. We are developing here, indeed, with a certain level, a high level of trust together. We do not simply sell our weapons to India, but we are engaged in development together. The BrahMos system is well known. We have made it practically usable in three areas: in the air, ‘marinized’ and on land. And these developments in the interests of ensuring India’s security continue. This is well known to everyone, does not cause any questions or irritation in anyone, but testifies to the high level of our trust and cooperation”.

He also hailed the longstanding and time-tested India-Russia relationship. “I think everyone knows very well what role the Soviet Union and Russia played in India gaining its independence, how we supported the Indian people for decades. During this time, we have developed unique relations with the Indian people in terms of their quality and level of trust, I will say this frankly in this context. As far as we understand, as far as we feel, and on the part of our Indian friends, such a national consensus exists regarding the development of relations with Russia, with our country,” Putin remarked.

–IANS

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Trolls Will Be Unemployed After My Retirement, Quips CJI Chandrachud

Trolls Will Be Unemployed After My Retirement, Quips CJI Chandrachud

Chief Justice of India (CJI) DY Chandrachud, who is set to retire in two days, on Friday said that he is probably one of the most trolled judges across the system. In his address at the farewell function organised by the Supreme Court Bar Association (SCBA), CJI Chandrachud said: “All of you are aware of the amount that I have received my share of trolling. I am probably one of the most trolled judges across the system“.

On a lighter note, I am wondering what will happen from Monday (after his retirement) because all those who trolled me will be rendered unemployed!” he added.

Citing a couplet of Urdu poet Bashir Badr, CJI Chandrachud said: “Mukhalifat se meri shakhsiyat sanvarti hai, Main dushmanon ka bada ehtiraam karta hun (Opposition enhances my personality, I have great respect for my enemies)”.

The outgoing CJI that the SC Collegium never had a difference of opinion while it made tough choices and decisions in recommending appointments to the constitutional judiciary. “I owe an eternal debt of gratitude to my Collegium for the way we have worked. We sat through the Collegium making tough choices and decisions. We never had a difference of opinion on Collegium. All meetings were conducted with a sense of humour, smile and some snacks,” he said.

We never lost sight of the fact that we are not here with personal agendas. We are here to subserve the interest of the institution.”

When our memories outweigh our dreams, we have grown old. I hope I continue dreaming about the smaller things in life from now on,” CJI Chandrachud said.

I leave the institution of the Supreme Court with the steadfast confidence that this court is in the solid, stable and erudite hands of Justice Sanjiv Khanna. I know the Supreme Court has a bright future ahead,” the CJI concluded.

After a two-year-long stint in the highest judicial office of the country, CJI Chandrachud is due to retire on November 10 on attaining the age of 65 years. Justice Sanjiv Khanna will take charge as the 51st CJI with effect from November 11.

–IANS

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Chhattisgarh CM Questions Cong’s Silence Over J&K Resolution To Revive Article 370

Chhattisgarh Chief Minister Vishnu Deo Sai on Friday attacked the Congress for its “nefarious designs” of bringing back the dark era of terrorism and separatism in Jammu and Kashmir and questioned the party’s silence over an Assembly resolution to revive Article 370 and 35A of Constitution. “By supporting the National Conference’s proposal to reintroduce Article 370 and 35A in the Jammu and Kashmir Assembly, Congress has once again started the conspiracy to divide the country,” said Sai.

The Chhattisgarh Chief Minister said that whatever happened in the J&K Assembly was done to please Pakistan and anti-national people and to mislead the people of Jammu and Kashmir. He said that when this proposal was being passed in the Assembly, the BJP members were opposing it while the Congress members were silently supporting it. Those standing for the unity of the country, those standing in favour of development and peace in Jammu and Kashmir were marshalled out of the Assembly, he said. The BJP leader said the resolution passed in the J&K Assembly had no legal validity because it was not above the Parliament or the Supreme Court.

“No Assembly can bring back Article 370 and 35A that have become history. The National Conference is misleading the people of Jammu and Kashmir,” he said, questioning the role of the Assembly Speaker who passed the resolution by voice vote without discussion. Chief Minister Vishnu Deo Sai said the Congress-NC and the PDP want to bring terrorism back to Jammu and Kashmir. This is the anti-national agenda of the Congress and the National Conference, he said, adding that National Conference leaders Sheikh Abdullah and Omar Abdullah have developed a habit of emotional blackmail. Claiming that the Congress, National Conference and PDP were unhappy with progress in J&K, the Chhattisgarh CM said that the union territory has adopted the path of development after emerging from the dark shadow of Article 370 and 35A. He said that after the removal of Article 370, incidents of terrorism in Jammu and Kashmir have reduced by 70 per cent.

Civilian deaths have also reduced by about 80 per cent. There has been a 300 per cent increase in foreign tourists, the budget of Jammu and Kashmir has increased by 17 per cent, incidents of stone pelting have stopped completely and terrorist incidents have been limited to two to three districts, he said. Three times more investment has been made in J&K in the last four years as compared to the investment that came into the UT from Independence till the removal of Article 370, he said.

Talking about the resolution passed in the J&K Assembly, the Chhattisgarh CM said Jammu and Kashmir Congress Legislature Party leader Ghulam Ahmad Mir had admitted that his party was supporting the people’s anger against the withdrawal of the special status of Jammu and Kashmir and its division. He said Congress leader Rahul Gandhi and Mir should clarify their position on the removal of Article 370. Another Congress leader Saifuddin Soz had supported this proposal to reintroduce Article 370 and 35A by issuing a press release on the topic, he said.

–IANS

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MUDA Case: Siddaramaiah Will Be Jailed In 24 Hrs Once CBI Takes Over Probe, Claims Yediyurappa

Former Karnataka CM and BJP Central Parliamentary Board member BS Yediyurappa on Fridau that Chief Minister Siddaramaiah will be jailed in 24 hours once the Central Bureau of Investigation (CBI) takes over the probe into the Mysuru Urban Development Authority (MUDA) land scam matter.

Speaking at a roadshow organised for the November 13 bypolls at Sandur constituency in Ballary district, Yediyurappa claimed that “it won’t be long before Chief Minister Siddaramaiah ends up in jail”. Notably, the Karnataka High Court would be taking up the petition seeking a CBI probe into the MUDA case on November 26. CM Siddaramaiah has been named ‘prime accused’ in the MUDA case. Karnataka Lokayukta and the Enforcement Directorate (ED) are probing the matter.

CM Siddaramaiah and his wife were named in the Mysuru Urban Development Authority scam and are currently facing a Lokayukta investigation. Yediyurappa mentioned that they have demanded a CBI investigation into the MUDA case and that once it is handed over to the CBI, “Siddaramaiah will be arrested within 24 hours for sure”. “The days of using money, connections, power, and sowing seeds of caste politics are over, Mr. CM Siddaramaiah. The public is aware now and will not fall for your tricks,” Yediyurappa said.

Meanwhile, he also expressed confidence about the BJP’s good show in the Karnataka by-elections. He urged voters to support the BJP nominee from Sandur Bangaru Hanumanthu and asked them to campaign for the BJP in the villages. Yediyurappa urged everyone to conduct door-to-door outreach in support of the party candidate. Yediyurappa stated that farmers are facing a crisis over the ownership of their lands they inherited from their ancestors over generations.

“I vow that all efforts would be made to resolve these problems,” Yediyurappa assured, referring to the Waqf row. Former Minister Janardhan Reddy, Leader of the Opposition in the Legislative Council Chalavadi Narayanaswamy, candidate Bangaru Hanumanthu, and several BJP leaders and workers were present at the event.

​–IANS

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Police Deployed At Theaters Across TN As “Amaran” Film Faces Threat From ADMK Ally SDPI And Other Islamists

Police Deployed At Theaters Across TN As "Amaran" Film Faces Threat From ADMK Ally SDPI And Other Islamists

After facing strong criticism from Muslim groups and widespread protests against the movie “Amaran“, police authorities have stepped in to ensure the safety of theaters screening the film. Released on 31 October to coincide with Diwali, “Amaran”, starring Sivakarthikeyan, tells the story of the late Major Mukund Varadharajan.

While the film has been performing well at the box office, it has stirred controversy. According to reports, following objections to alleged defamatory remarks about Muslims in the movie, the police have been instructed to provide security at all theaters showing “Amaran” across Tamil Nadu. This measure aims to prevent unrest and maintain law and order during screenings.

Several Muslim organizations have voiced their opposition to “Amaran”, accusing it of spreading defamatory content about their community. These groups have called for a ban on the film’s screening and staged protests outside the film’s production office in Teynampet, Chennai. A.K. Kareem, the State Secretary of the SDPI (Social Democratic Party of India), claimed that “Amaran” promotes anti-minority sentiments and is intended to incite hatred against Muslims.

It is noteworthy to mention that SDPI, which the political arm of the banned terror out Popular Front of India (PFI), is an ally of the Edappadi K. Palaniswami-led AIADMK.

While BJP leaders, Tamil Nadu Chief Minister MK Stalin and his son Udhayanidhi Stalin, and others have appreciated the film the AIADMK leadership has not even uttered a word about the film which is a tribute to Major Mukund Varadarajan.

On 7 November 2024, members of the Social Democratic Party of India (SDPI) organized a protest outside the office of actor and producer Kamal Haasan’s Raaj Kamal Films International, the production company behind the film. Around 150 SDPI supporters gathered in Alwarpet, raising slogans against the movie. In response, police heightened security in the area. The protesters called on the Tamil Nadu government to withdraw its support for the film and demanded an immediate ban. They also burned an effigy of Kamal Haasan during the demonstration, which coincided with the actor’s birthday.

The film, in which Sivakarthikeyan portrays Major Mukund Varadharajan, focuses on the life and sacrifice of the late soldier. However, “Amaran” has also faced earlier backlash from some Hindu groups who believed the film, directed by Rajkumar Periyasamy, sidelined Varadharajan’s community. In response, Periyasamy clarified that the family of Major Mukund Varadharajan specifically requested the film not to emphasize his religious identity, instead wanting him to be remembered solely as a Tamilian and an Indian.

(With Inputs From TOI)

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