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Supreme Court Collegium recommends 3 for elevation as Kerala HC judges


The Supreme Court on Friday directed the Centre to respond within three weeks on a plea that sought execution of death sentence by hanging to be declared ultra vires of the Constitution.

The note, titled "Transparency in Collegium system", is signed by all the five members of the collegium - Chief Justice Misra, justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph.

The lawsuit also lists a number of white judges who engaged in criminal behavior, who the attorneys argue were treated more fairly or less severely than Griffen, an African-American judge who has not been accused of criminal activity. In case of intravenous lethal injection, it is all over in 5 minutes.

He acknowledged expressing his personal view that the death penalty is "morally unjustifiable" in an April 10 blog post, but pointed out that he didn't say it was "legally unjustifiable". Griffen granted the request, suggesting that if the executions are carried out the harm to the company could not be reversed. The temporary restraining order came in response to a lawsuit filed by the drug's manufacturer alleging that the state had obtained it only by intentionally failing to disclose that it would be used in the executions. Rutledge also said that efforts to provide proper notice under procedures for a TRO were not followed.

In addition, the Judicial Discipline & Disability Commission opened an ethics investigation into Griffen's conduct.

Sen. Garner is calling for Griffen's impeachment, something the General Assembly has the power to do. Gov. Hutchinson told reporters later after the vote that it "made sense" to him for the House to adopt impeachment rules, but said he does not believe it was directed at any specific person.

"This is a legislative function in our Constitution", Hutchinson said of HR1001.

University of Chicago law professor Geoffrey Stone, an expert on the First Amendment, says that public employees are held to different standards than private citizens, and thus may have their First Amendment speech rights curtailed, for example a teacher being restricted in what he or she could say in front of students. "The Arkansas Supreme Court and other "powers that be" have had it out for him for years because of his much-needed outspokenness on dire social issues in a state with a miserable history of protecting the disadvantaged and marginalized, especially those of color".

The Third Judges Case was an opinion, not a ruling, by the Supreme Court in 1998 on a question referred to it by the then President, K R Narayanan.

The Collegium has rejected the candidature of Vasudevan V. Nadathur, Judicial Member, ITAT, Kolkata; A. Zakir Hussain, Additional C.M.M., Egmore, Chennai; and Dr. K. Arul, District Judge, Additional Director, Tamil Nadu State Judicial Academy and Officer on Special Duty, Madras High Court. "They should aspire at all times to conduct that ensures the greatest possible public conduct in their independence, impartiality, integrity, and confidence", a decree by the high court stated.

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