Maithani could supersede some senior judicial officers. Centre had rejected Uttarakhand HC chief justice K.M. Joseph’s elevation to SC on the same grounds.
It decided that his name “should also be accompanied by the recommendation of the names of chief justices of high courts for elevation” to the Supreme Court.
Standing up to America is usually not a personal risk for a leader in India. Any suggestions of foreign pressure unites India behind who they see as leading them in that fight.
If the public interest has been hurt / national security has been compromised by the publication of these classified documnts, it was incumbent on the respondents to satisfy the Court that this was so. In fact, the subject matter of these documents is purely commercial, viz, whether a sovereign / bank guarantee ought to be furnished, whether the savings resulting from this not being done should be passed on entirely or substantially to the buyer. Whether the offsets should be front / back loaded, whether net present value should be worked out when these are deferred. In the absence of any sensitive information having been brought into the domain, the recourse to the draconian OSA was not likely to send out a wholesome impression. 2. As far as the media is concerned, going beyond this case, quoting the Pentagon Papers precedent or the Australian case law, the apex court is lending its imprimatur to the press continuing to report on public affairs without fear or favour. A very good judgment.
Absolute freedom of press without any responsibility will harm freedom too. Later national security, social order too.
If the public interest has been hurt / national security has been compromised by the publication of these classified documnts, it was incumbent on the respondents to satisfy the Court that this was so. In fact, the subject matter of these documents is purely commercial, viz, whether a sovereign / bank guarantee ought to be furnished, whether the savings resulting from this not being done should be passed on entirely or substantially to the buyer. Whether the offsets should be front / back loaded, whether net present value should be worked out when these are deferred. In the absence of any sensitive information having been brought into the domain, the recourse to the draconian OSA was not likely to send out a wholesome impression. 2. As far as the media is concerned, going beyond this case, quoting the Pentagon Papers precedent or the Australian case law, the apex court is lending its imprimatur to the press continuing to report on public affairs without fear or favour. A very good judgment.