The Evening Wrap: Judiciary losing fresh talent to government’s silence, Supreme Court tells Centre

The Supreme Court said the judiciary is losing fresh talent like never before as prospective candidates shortlisted for judgeships in High Courts give up as months tick by without a decision from the government. Many a “bright” legal mind, willing to sacrifice their law practice to join the Bench, have fallen victim to segregation of names by the government, who seemingly prefer one name over the other for unknown reasons, a Bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia noted. “People are declining to come. We try, we endeavour to get the best talent. The Bench has lost good talent because of segregation. They drop out, withdraw… I do not want to take any names, but we lost one or two very good people after they withdrew,” Justice Kaul addressed Attorney General R. Venkataramani, appearing for the Centre. Senior advocate Arvind Datar and advocate Amit Pai, appearing for the petitioner, Advocates Association of Bengaluru, said “segregation of certain names out of a list provided by the Collegiums to the government is very, very embarrassing”. Advocate Prashant Bhushan said government continues to segregate names with impunity despite the Collegium forbidding the practice. “The Collegium has said ‘no more’, but yet it goes on,” Bhushan said. He said it was time for the court to “crack the whip and haul someone up for contempt”. “It cannot go on like this,” Bhushan urged. Justice Kaul drew the Attorney General’s attention to 70 names, recommended for judgeships by the High Court Collegiums, which have been pending with the government for over 10 months, since November 2022. “Seventy posts of High Court judges lie vacant… Once you receive the recommendations of the High Court Collegium, you have to do some basic processing and forward it to the Supreme Court Collegium. You have not done even that. If your view about them is known, we [Supreme Court Collegium] would take a call… You are not doing that… There is a time frame fixed — approximately four or five months,” Justice Kaul, who is a member of the top court Collegium, told the government side. He said there was no word from the government on 26 transfers recommended by the Supreme Court Collegium. Nine fresh recommendations made by the Collegium for appointments to High Courts have neither been acted on nor returned to the Collegium by the government. The fate of seven other names reiterated by the Collegium for appointment to various High Court lie pending with the government in a fog of uncertainty. The Memorandum of Procedure requires the government to appoint names reiterated by the Collegium without further delay. Venkataramani has asked for a week’s time to enquire about their status. The Collegium recommendation for the appointment of a Chief Justice to a very sensitive court is pending, Justice Kaul said. He was referring to the Collegium’s recommendation to the government to appoint Delhi High Court judge, Justice Siddharth Mridul, as the Chief Justice of the Manipur High Court. “I will take up this case every 10 days until you tell me what happened to these names … I am not saying much today because the Attorney asked for time. But next time, I will say a lot,” Justice Kaul said. The court gave the Attorney General time till October 9, the next date of hearing, to coax the government into action on pending judicial appointments and transfers. Lakhimpur Kheri killing case | Supreme Court allows Ashish Mishra to take care of ailing mother in Delhi The Supreme Court has “deemed it appropriate” to allow Ashish Mishra, son of a Union Minister and prime accused in the Lakhimpur Kheri killings case, to “visit and stay” in Delhi to take care of his ailing mother and daughter, who is scheduled for a surgery. In January, the top court had forbidden Mishra from entering Delhi and Uttar Pradesh as a condition for granting him interim bail. A Bench headed by Justice Surya Kant clarified that the bail condition has been eased only as regards Delhi. Uttar Pradesh continues to remain out of bounds for Mishra. The court cautioned Mishra against participating in any public forum or appearing or addressing the media about the case. Appearing for Mishra, senior advocate Siddharth Dave said his client’s mother was in RML Hospital. The court has meanwhile issued notice to Uttar Pradesh on a plea by Mishra for bail. The court noted that the trial in the Lakhimpur Kheri case was progressing. Mishra is accused of murder after an SUV allegedly belonging to his convoy mowed down farmers protesting controversial agricultural laws in a rally at Lakhimpur Kheri district in Uttar Pradesh on October 3, 2021. Mishra was initially released on interim bail for eight weeks. This was extended from time to time. The Supreme Court had at the time reasoned that the interim bail and conditions imposed on Mishra was a balancing of the right of the accused to liberty, the right of the State to conduct a fair trial and the right of the victim to get justice. Indians continue to eat more salt than WHO recommendation The estimated mean daily salt intake in India stands at 8.0 g (8.9 g/day for men and 7.1 g/day for women) against the World Health Organisation (WHO) recommendation of up to 5 g daily. Additionally the salt intake was significantly higher in men, those in rural areas and overweight and obese respondents, according to a recent survey by the Indian Council of Medical Research (ICMR) published in the Nature journal. The study is based on a sample survey carried out as part of National NCD Monitoring Survey (NNMS) in India. It also noted that the perception of the harmful effects of high salt intake and practices to limit intake was low in the study population. “The mean dietary salt intake is high in the Indian population, which calls for planning and implementing control of dietary salt consumption measures. We need to cut down on eating processed foods and those cooked outside home. 10,659 adults aged 18–69 years participated in the survey [response rate of 96.3%],” said Prashant Mathur, lead author of the study and director of ICMR-National Centre for Disease Informatics and Research. The study also notes that salt intake was higher in employed people (8.6 gm) and current tobacco users (8.3 gm) and those with high blood pressure (8.5 gm). It specifies that reducing the intake is a beneficial and cost-saving way to reduce elevated blood pressure by 25% and advocates a 30% reduction in mean population salt intake by 2025. It found that less than half of the participants practised measures to control dietary salt intake and the most commonly adopted step to prevent salt overdose was avoiding meals outside of the home. Cardiovascular diseases account for an estimated 28.1 % of total deaths in India. In 2016, 1.63 million deaths were attributable to hypertension compared to 0.78 million deaths in 1990, the study said. The study was conducted in a nationally representative sample wherein dietary sodium intake was estimated from spot urine samples, a validated method used to assess intake. The population mean was calculated using sampling weights; thus, the study findings could be generalised at a population level and used to plan and implement control measures. Hangzhou Asian Games | India wins gold medal in equestrian event after 41 years India claimed the team dressage gold in equestrian sport at the Asian Games in Hangzhou on September 26, breaking a 41-year-old jinx at the continental event. The team comprising Divyakriti Singh astride Adrenalin Firfod, Hriday Vipul Chhed (Chemxpro Emerald) and Anush Agarwalla (Etro) aggregated 209.205 percentage points on way to the top podium finish. Sudipti Hajela was also part of the team, but only the top three scores were counted in the event. China were second with 204.882 percentage points, while Hong Kong finished with a bronze with 204.852 points. It is the first time in the history of the sport, India secured a team gold in dressage event. The last medal in dressage, a bronze, came during the 1986 edition. India last won a gold in equestrian in the 1982 Asian Games In New Delhi. In Brief: ‘Member states not to allow ‘political convenience’ to determine responses to terrorism, extremism’ India has asked the U.N. member states not to allow “political convenience” to determine responses to terrorism, extremism and violence, in what appears to be a veiled attack on Canada amidst the diplomatic standoff. Addressing the 78th UN General Assembly session in United Nations, External Affairs Minister S Jaishankar also said respect for territorial integrity and non-interference in internal affairs cannot be “exercises in cherry picking” and asserted that the days when a few nations set the agenda and expected others to fall in line are over. Dadasaheb Phalke for Waheeda Rehman Veteran actor Waheeda Rehman will be conferred with the Dadasaheb Phalke Award, India’s highest film honour, this year, Union Minister for Information and Broadcasting (I&B) Anurag Thakur announced on Tuesday. Rehman, 85, is a towering legend of Indian cinema known for iconic roles in films like Guide, Pyaasa, Kaagaz Ke Phool, Sahib Bibi Aur Ghulam, Chaudhvin Ka Chand and numerous others. In a career spanning over six decades, she has been honoured with multiple prestigious awards including the Padma Shri and the Padma Bhushan, India’s fourth and third highest civilian awards respectively. She is also a recipient of a National Film Award for Best Actress. Evening Wrap will return tomorrow. [logo] The Evening Wrap 26 September 2023 [The Hindu logo] Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu. [[Arrow]Open in browser]( [[Mail icon]More newsletters]( Judiciary losing fresh talent to government’s silence, Supreme Court tells Centre The [Supreme Court said the judiciary is losing fresh talent]( like never before as prospective candidates shortlisted for judgeships in High Courts give up as months tick by without a decision from the government. Many a “bright” legal mind, willing to sacrifice their law practice to join the Bench, have fallen victim to segregation of names by the government, who seemingly prefer one name over the other for unknown reasons, a Bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia noted. “People are declining to come. We try, we endeavour to get the best talent. The Bench has lost good talent because of segregation. They drop out, withdraw… I do not want to take any names, but we lost one or two very good people after they withdrew,” Justice Kaul addressed Attorney General R. Venkataramani, appearing for the Centre. Senior advocate Arvind Datar and advocate Amit Pai, appearing for the petitioner, Advocates Association of Bengaluru, said “segregation of certain names out of a list provided by the Collegiums to the government is very, very embarrassing”. Advocate Prashant Bhushan said government continues to segregate names with impunity despite the Collegium forbidding the practice. “The Collegium has said ‘no more’, but yet it goes on,” Bhushan said. He said it was time for the court to “crack the whip and haul someone up for contempt”. “It cannot go on like this,” Bhushan urged. Justice Kaul drew the Attorney General’s attention to 70 names, recommended for judgeships by the High Court Collegiums, which have been pending with the government for over 10 months, since November 2022. “Seventy posts of High Court judges lie vacant… Once you receive the recommendations of the High Court Collegium, you have to do some basic processing and forward it to the Supreme Court Collegium. You have not done even that. If your view about them is known, we [Supreme Court Collegium] would take a call… You are not doing that… There is a time frame fixed — approximately four or five months,” Justice Kaul, who is a member of the top court Collegium, told the government side. He said there was no word from the government on 26 transfers recommended by the Supreme Court Collegium. Nine fresh recommendations made by the Collegium for appointments to High Courts have neither been acted on nor returned to the Collegium by the government. The fate of seven other names reiterated by the Collegium for appointment to various High Court lie pending with the government in a fog of uncertainty. The Memorandum of Procedure requires the government to appoint names reiterated by the Collegium without further delay. Venkataramani has asked for a week’s time to enquire about their status. The Collegium recommendation for the appointment of a Chief Justice to a very sensitive court is pending, Justice Kaul said. He was referring to the Collegium’s recommendation to the government to appoint Delhi High Court judge, Justice Siddharth Mridul, as the Chief Justice of the Manipur High Court. “I will take up this case every 10 days until you tell me what happened to these names … I am not saying much today because the Attorney asked for time. But next time, I will say a lot,” Justice Kaul said. The court gave the Attorney General time till October 9, the next date of hearing, to coax the government into action on pending judicial appointments and transfers. Lakhimpur Kheri killing case | Supreme Court allows Ashish Mishra to take care of ailing mother in Delhi The [Supreme Court has “deemed it appropriate” to allow Ashish Mishra]( son of a Union Minister and prime accused in the Lakhimpur Kheri killings case, to “visit and stay” in Delhi to take care of his ailing mother and daughter, who is scheduled for a surgery. In January, the top court had forbidden Mishra from entering Delhi and Uttar Pradesh as a condition for granting him interim bail. A Bench headed by Justice Surya Kant clarified that the bail condition has been eased only as regards Delhi. Uttar Pradesh continues to remain out of bounds for Mishra. The court cautioned Mishra against participating in any public forum or appearing or addressing the media about the case. Appearing for Mishra, senior advocate Siddharth Dave said his client’s mother was in RML Hospital. The court has meanwhile issued notice to Uttar Pradesh on a plea by Mishra for bail. The court noted that the trial in the Lakhimpur Kheri case was progressing. Mishra is accused of murder after an SUV allegedly belonging to his convoy mowed down farmers protesting controversial agricultural laws in a rally at Lakhimpur Kheri district in Uttar Pradesh on October 3, 2021. Mishra was initially released on interim bail for eight weeks. This was extended from time to time. The Supreme Court had at the time reasoned that the interim bail and conditions imposed on Mishra was a balancing of the right of the accused to liberty, the right of the State to conduct a fair trial and the right of the victim to get justice. Indians continue to eat more salt than WHO recommendation The [estimated mean daily salt intake in India stands at 8.0 g]( (8.9 g/day for men and 7.1 g/day for women) against the World Health Organisation (WHO) recommendation of up to 5 g daily. Additionally the salt intake was significantly higher in men, those in rural areas and overweight and obese respondents, according to a recent survey by the Indian Council of Medical Research (ICMR) published in the Nature journal. The study is based on a sample survey carried out as part of National NCD Monitoring Survey (NNMS) in India. It also noted that the perception of the harmful effects of high salt intake and practices to limit intake was low in the study population. “The mean dietary salt intake is high in the Indian population, which calls for planning and implementing control of dietary salt consumption measures. We need to cut down on eating processed foods and those cooked outside home. 10,659 adults aged 18–69 years participated in the survey [response rate of 96.3%],” said Prashant Mathur, lead author of the study and director of ICMR-National Centre for Disease Informatics and Research. The study also notes that salt intake was higher in employed people (8.6 gm) and current tobacco users (8.3 gm) and those with high blood pressure (8.5 gm). It specifies that reducing the intake is a beneficial and cost-saving way to reduce elevated blood pressure by 25% and advocates a 30% reduction in mean population salt intake by 2025. It found that less than half of the participants practised measures to control dietary salt intake and the most commonly adopted step to prevent salt overdose was avoiding meals outside of the home. Cardiovascular diseases account for an estimated 28.1 % of total deaths in India. In 2016, 1.63 million deaths were attributable to hypertension compared to 0.78 million deaths in 1990, the study said. The study was conducted in a nationally representative sample wherein dietary sodium intake was estimated from spot urine samples, a validated method used to assess intake. The population mean was calculated using sampling weights; thus, the study findings could be generalised at a population level and used to plan and implement control measures. Hangzhou Asian Games | India wins gold medal in equestrian event after 41 years [India claimed the team dressage gold in equestrian sport]( at the Asian Games in Hangzhou on September 26, breaking a 41-year-old jinx at the continental event. The team comprising Divyakriti Singh astride Adrenalin Firfod, Hriday Vipul Chhed (Chemxpro Emerald) and Anush Agarwalla (Etro) aggregated 209.205 percentage points on way to the top podium finish. Sudipti Hajela was also part of the team, but only the top three scores were counted in the event. China were second with 204.882 percentage points, while Hong Kong finished with a bronze with 204.852 points. It is the first time in the history of the sport, India secured a team gold in dressage event. The last medal in dressage, a bronze, came during the 1986 edition. India last won a gold in equestrian in the 1982 Asian Games In New Delhi. In Brief: ‘Member states not to allow ‘political convenience’ to determine responses to terrorism, extremism’ India has asked the U.N. member states [not to allow “political convenience” to determine responses to terrorism, extremism and violence]( in what appears to be a veiled attack on Canada amidst the diplomatic standoff. Addressing the 78th UN General Assembly session in United Nations, External Affairs Minister S Jaishankar also said respect for territorial integrity and non-interference in internal affairs cannot be “exercises in cherry picking” and asserted that the days when a few nations set the agenda and expected others to fall in line are over. Dadasaheb Phalke for Waheeda Rehman Veteran actor [Waheeda Rehman will be conferred with the Dadasaheb Phalke Award]( India’s highest film honour, this year, Union Minister for Information and Broadcasting (I&B) Anurag Thakur announced on Tuesday. Rehman, 85, is a towering legend of Indian cinema known for iconic roles in films like Guide, Pyaasa, Kaagaz Ke Phool, Sahib Bibi Aur Ghulam, Chaudhvin Ka Chand and numerous others. In a career spanning over six decades, she has been honoured with multiple prestigious awards including the Padma Shri and the Padma Bhushan, India’s fourth and third highest civilian awards respectively. She is also a recipient of a National Film Award for Best Actress. Evening Wrap will return tomorrow. 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