Page 12 - Indian Judiciary

SC to hear plea for action against VP, Rijiju over remarks on judiciary

The Supreme Court is scheduled to hear on Monday a plea of Bombay Lawyers Association (BLA) against Union Law Minister Kiren Rijiju and Vice President Jagdeep Dhankhar over their remarks on judiciary and the collegium system for appointment of judges. The lawyers' body has moved the top court challenging the Bombay High Court's February 9 order dismissing its plea on the ground that it was not a fit case to invoke the writ jurisdiction under Article 226 of the Constitution. As per the apex court web-site, the appeal of the BLA is listed for hearing before a bench comprising Justices Sanjay Kishan Kaul and Ahsanuddin Amanullah. The Bombay Lawyers Association (BLA) had claimed that Rijiju and Dhankhar showed lack of faith in the Constitution with their remarks and conduct. It had sought orders to restrain Dhankhar from discharging duty as the vice president, and Rijiju as the cabinet minister for the central government. In an appeal, the lawyers body said the "frontal attack not jus

'Illegal' promotion of 68 Gujarat lower judicial officers stayed by SC

The Supreme Court on Friday stayed the promotion of 68 Gujarat lower judicial officers, including Surat Chief Judicial Magistrate Harish Hasmukhbhai Varma who had convicted Congress leader Rahul Gandhi in a defamation case. A bench comprising Justices M R Shah and C T Ravikumar said as per the Gujarat State Judicial Service Rules 2005, which was amended in 2011, the promotions must be made on principle of merit-cum-seniority and on passing a suitability test. "We are more than satisfied that the impugned list issued by the high court and the subsequent order issued by the state government granting promotion to district judges are illegal and contrary to the decision of this court.The same are, therefore, not sustainable," the bench said. "We stay the implementation of the promotion list. Respective promotees are sent to their original post which they were holding prior to their promotion," it said. The top court passed an interim order staying the promotions and directed that the .

Excise scam: AAP leader Manish Sisodia's judicial custody extended

A Delhi court on Saturday extended till May 28 the judicial custody of AAP leader Manish Sisodia in a money laundering case related to alleged excise scam. Sisodia, who was produced before the court on the expiry of his judicial custody, said before the media that Prime Minister Narendra Modi will not be able to stop Delhi Chief Minister Arvind Kejriwal's work in Delhi. "Modi ji may try as much as he wants, but he won't be able to stop the work of Kejriwal ji in Delhi. Modi ji may conspire as much as he wants," Sisodia said while he was being brought out of the courtroom after the judge pronounced the order. The court has on Friday dismissed the bail plea of Sisodia, saying "the case of economic offences has serious repercussions upon the general public and society at large as the evidence collected during investigation speaks volumes of his involvement in the commission of the said offence". The Enforcement Directorate (ED) on March 9 arrested former Delhi deputy chief minister ..

NCLAT member recuses himself from hearing Google's Play Store case

A Judicial member of the appellate tribunal NCLAT has recused himself from hearing a petition filed by tech giant Google, appealing against Rs 936.44 crore penalty imposed by competition watchdog CCI for abusing its dominant position with respect to Play Store policies. On Monday, NCLAT bench Justice Rakesh Kumar and Alok Srivastava ordered Google's appeal to be listed before another bench of which Justice Rakesh Kumar is not a party. It has asked the registry of the National Company Law Appellate Tribunal (NCLAT) to place it before the Chairman of the appellate tribunal for this. "List this appeal before a Bench of which one of the Members [Mr Justice Rakesh Kumar, Member (Judicial)] may not be a party. The Registry is directed to place this appeal before the Chairperson, for his approval," the NCLAT bench said. Earlier, the NCLAT bench comprising Justice Kumar and Srivastava had on January 11 declined to grant interim relief to Google, seeking a stay on the Rs 936.44-crore penalt

UP govt forms judicial commission to probe killing of Atiq Ahmad, brother

The Uttar Pradesh government on Sunday constituted a three-member judicial commission to probe into the killing of gangster-politician Atiq Ahmad and his brother Khalid Azeem alias Ashraf. The commission will be headed by high court judge (retired) Arvind Kumar Tripathi, and retired judge Brijesh Kumar Soni and former DGP Subesh Kumar Singh will be its members, officials said here. The commission will have to submit its report to the government within two months, they said, adding the state home department has constituted the commission under Commission of Inquiry Act, 1952. Both Ahmad and Ashraf were shot dead in Prayagraj on Saturday night.

Tech, alternative dispute resolution, vital for justice delivery: PM Modi

Prime Minister Narendra Modi on Friday emphasised that technology needs to be brought into play to speed up the justice delivery system, especially in remote areas such as in the northeast. He also maintained that the alternative dispute resolution system was an important pillar of judicial delivery. Speaking at the concluding ceremony of the Platinum Jubilee celebrations of Gauhati High Court here, Modi said "technology can help bring justice to remote areas such as in the northeast." Pointing to the need to bring in technology in justice delivery, he said, Artificial Intelligence could be used to further bring 'Ease of Justice'. Indicating how lack of clarity in property ownership has proven to be a burden on the judiciary, he gave an example of how drones have been used to bring a solution by mapping properties in over 1 lakh villages under the PM Swamitva Yojana. He also said, "Alternative dispute resolution systems are vital", and added that the North East has rich tradition

Diversity on the bench: Police, judiciary lack caste, gender multiplicity

The report tracks states' progress on justice delivery mechanisms - the judiciary, police, prisons, and legal aid.

Justice delayed

India Justice Report points to low priority in state spending

Chilling effect: Supreme Court lifts ban on MediaOne news channel

Says views critical of govt can't be termed anti-establishment; criticises sealed cover proceedings

Karnataka at top in delivery of justice among 18 large states: IJR

The report said that in the list of seven small states, with a population less than one crore each, Sikkim is at the top followed by Arunachal Pradesh, and Tripura is at rank three

Rahul Gandhi to appeal against his conviction today; all you need to know

Gandhi will be accompanied by several other Congress leaders including Rajasthan Chief Minister Ashok Gehlot

Reformative to retributive justice

Two contradictory court judgments this week raise an uncomfortable question: Has the judiciary, from the trial court to the Supreme Court, moved from a reformative institution to a retributive one?

Judiciary vs govt: The more things change, the more they remain the same

The problem, as many experts have pointed out, lies with the power of judicial review. The judiciary has invested it to mean absolute judicial supremacy, while the govt begs to differ

Differences between govt and judiciary doesn't mean confrontation: Rijiju

Denying any clash between the government and judiciary as speculated in the media, Union Law and Justice Minister Kiren Rijiju on Saturday contended that differences were inevitable in a democracy but they should not be construed as confrontation. The Minister inaugurated the Chief Judicial Magistrate court, Mayiladuthurai, in the presence of Chief Justice of India Justice D Y Chandrachud, Tamil Nadu Chief Minister M K Stalin and Acting Chief Justice of Madras High Court Justice T Raja here. "We have differences, but it doesn't mean there is confrontation. It sends a wrong message across the world. I want to make it clear that there is no problem between different organs of the State. There are signs of robust democratic actions, which are not a crisis," he emphasised. Pointing to some media reports of alleged differences between the government and the Supreme Court or the legislature and judiciary, the Union Minister said, "we must understand that we are in a democracy. There are .

Differences between govt and judiciary possible, no clash: Kiren Rijiju

Denying any clash between the government and judiciary as speculated in the media, Union Law and Justice Minister Kiren Rijiju on Saturday contended that differences were inevitable in a democracy but they should not be construed as confrontation. The Minister inaugurated the Chief Judicial Magistrate court, Mayiladuthurai, in the presence of Chief Justice of India Justice D Y Chandrachud, Tamil Nadu Chief Minister M K Stalin and Acting Chief Justice of Madras High Court Justice T Raja here. "We have differences, but it doesn't mean there is confrontation. It sends a wrong message across the world. I want to make it clear that there is no problem between different organs of the State. There are signs of robust democratic actions, which are not a crisis," he emphasised. Pointing to some media reports of alleged differences between the government and the Supreme Court or the legislature and judiciary, the Union Minister said, "we must understand that we are in a democracy. There are .

Rahul Gandhi insulted OBCs, defamed Parliament, judiciary: Bhupender Yadav

Union Minister Bhupender Yadav on Friday alleged that Congress MP Rahul Gandhi had defamed India on foreign soil and insulted the country's judicial system and the OBC community

Foreign lawyers, law firms cannot appear in courts, judicial forum: BCI

The Bar Council of India (BCI) assured Indian lawyers on Sunday that foreign advocates and law firms will not be allowed to appear in any court or judicial forum and that they can only advise their clients about foreign laws and international laws. The BCI assurance came after its recent decision to permit foreign lawyers and law firms to practise in certain areas evoked mixed reactions and created "some misgivings". Recently, the apex bar body took a significant decision to permit foreign lawyers and law firms to practise in areas such as foreign law, international legal issues and arbitration matters, saying that the legal fraternity here may be left behind if it sleeps over the matter. The BCI decision to notify the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 evoked mixed reactions from bar leaders. "There are some misgivings in circulation about the recently published Gazette notification by BCI regarding en

Constitution has to evolve through Parliament, not judiciary: V P Dhankhar

The evolution of the Constitution has to take place in Parliament and no other "super body" or institution, including the judiciary and the executive, has any role in it, Vice President Jagdeep Dhankhar said on Sunday. It is the primacy of the Constitution that determines the stability, harmony and productivity of democratic governance and Parliament reflecting mandate of the people is the ultimate and exclusive architect of the Constitution, he said. Dhankhar's remarks, made at the release a memoir of former Tamil Nadu governor P S Ramamohan Rao, came a day after Law Minister Kiren Rejiju invoked the "Lakhsman Rekha" on the relationship between the executive and the judiciary. The vice president said, "A constitution has to evolve from the people through Parliament, not from the executive. The executive has no role in evolving the Constitution and no other institution including judiciary." He further stressed, "The Constitution evolution has to take place in Parliament and there c

Rijiju's anti-India gang remarks are attempt to pressure judiciary: Raut

Shiv Sena (UBT) leader Sanjay Raut on Sunday alleged that Union Law Minister Kiren Rijiju's remarks that a few retired judges are part of an "anti-India gang" are an attempt to pressure the judiciary and threaten judges. Speaking at the India Today Conclave in the national capital on Saturday, Rijiju had claimed that a few retired judges and some activists who are "part of the anti-India gang" are trying to make the Indian judiciary play the role of the opposition party. Reacting to the remarks while talking to reporters here, Raut said, "What kind of democracy is this? Does it suit a law minister to threaten the judiciary? It is a threat to judges who refuse to bow down to the government and it's an attempt to pressure the judiciary." Criticising the government doesn't mean being against the nation, Raut said. The Shiv Sena (Uddhav Balasaheb Thackeray) MP also said that after Rahul Gandhi spoke about the threats to democracy in the country, there is now a move to get the Congress

Efforts on to ensure easy and affordable judicial system: Kiren Rijiju

Union Law Minister Kiren Rijiju in a written reply in Rajya Sabha said efforts were being made by the govt to ensure an easy, accessible and affordable judicial system for people