SC crisis: Second meeting between CJI, four judges

No change in Supreme Court’s Constitution Bench despite press conference by senior judges

After the four Supreme Court Judges came out in open, social media propaganda has been going on to defame the four judges. "We're expecting, hopefully, they process them as quickly as before", said Leonor Garcia of The Resurrection Project. Justice Chelameshwar declared section 66A of IT Act as unconstitutional. However, resolving the current situation may be hard, as DACA and other ongoing immigration reform negotiations being carried out by the White House are less than certain to reach any conclusion anytime soon. "We are not concerned with individual cases".

The U.S. Justice Department has announced that it intends to ask the U.S. Supreme Court to grant direct review on the merits of a judge's injunction that bars the Trump administration from phasing out a program protecting immigrants brought to the country illegally as minors. Other politically sensitive cases have also been handed over to Arun Mishra. That leaves the Chief Justice to decide whether to assign the case to a different set of Judges.

"There have been preliminary talks on the issues raised at the press conference, but not much headway has since been made in it".

"Moreover, there is no binding contract between the UIDAI and private agencies employed to collect biometric and other details for granting Aadhaar numbers", Divan said.

"He has a personal engagement in Chennai and since the visit was pre-planned, it could not be cancelled", sources close to the judge said. Justice Chelameswar has been suffering from sinus problems aggravated by air pollution in Delhi. The CJI requested the four judges to meet him in his chamber. Also on the agenda was adopting a procedure if there are allegations of corruption on a judge. This is adhered to by most CJIs to ensure punctuality among brother judges.

During the Tuesday meeting, the sources had said, Justice Misra and the rebel judges had discussed all the outstanding issues, the point of contentions and differences. They also asked the CJI to put in place an institutional mechanism to deal with complaints against the CJI in future. To learn more, please see our blog about the Supreme Court's unusual 5-4 decision to stay an order for discovery that had originally been issued by Judge Alsup and upheld in part on appeal by the Ninth Circuit [see blog]. The language indicates that the present bench does not consider itself to be the "appropriate" bench and that one of the judges now hearing the case intends to recuse.

I'll leave others to speak to the absurdity and legal vagaries of this judge's decision, as Josh Blackman already has done superbly in an article at National Review Online.

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