74 days of maximum effectiveness, but some issues are extended
According to senior lawyer Colin Gonsalves, the Supreme Court did not even consider the decision of the Supreme Court. prima facie wrong, and
“Unless the superior court finds that the lower court’s decision is unsustainable, you cannot stay the order. Not only because the court wants to examine the very fine points of the law.”
Read more about concerns over apex court’s decision to stay Supreme Court verdict in GN Saibaba case here.
True, this decision was made by judges M. From the bench of R Shah and Bela M Trivedi and not CJI Lalit. So you might wonder why this is reflected in his legacy analysis.
The answer to this is that the Chief Justice of India has the power to decide which case is listed when and before which sessions. As noted by Manu Sebastian, editor LiveLaw: in an article published on the legal-news website.
“The tearful haste with which the petition (sic) was filed yesterday at 3.59 pm was set out on a non-business day and that too before a special bench (as per the arrangement of the present sitting, there is no regular bench consisting of Justice M. Shah and Justice Bela M Trivedi) surprised many. And the issues rest on the Chief Justice of India as (he) master of the list.”
Experts they told The Quint: that there had never before been an urgent Sabbath to suspend a judgment of acquittal (or release) of a person. “This is unprecedented,” said Pradeep Nandrajog, former chief justice of the Rajasthan High Court.
This Saturday’s hearing to take away someone’s liberty will remain a question mark over the otherwise spotless tenure of CBI Lalit.
Analyzing the legacy of CJI Lalit, after this high court hearing, lawyer Gautam Bhatia wrote in his: blog:
“…organizational competence complements deprivation of liberty, as if the two things were part of the same currency to be traded against each other. Or is freedom itself a commodity, where one person’s bail justifies the imprisonment of six others? Is a live-streamed executive court sitting on a Saturday morning to suspend an acquittal/release order still not an executive court? »
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