Page 15 - Indian Judiciary

SC flags concerns about ECI autonomy and 'lightning speed' CEC appointment

The SC's observations on the appointment of Election Commissioners have focused attention on one of India's most respected institutions

Need to learn to trust district judiciary, says CJI D Y Chandrachud

Chief Justice of India D Y Chandrachud on Saturday stressed the need to learn to trust the district judiciary, saying it would truly answer the needs of common citizens who seek access to justice. Justice Chandrachud, the 50th CJI, said the district judiciary is as important in the affairs of the nation's judicial system as is the Supreme Court and high courts. Speaking at a function organised by the Bar Council of India (BCI) to felicitate him on being appointed as the CJI, Justice Chandrachud talked about the use of technology in judiciary, district judiciary, judicial infrastructure, legal education and women in the judicial system. The CJI said an independent bar is inextricably linked with the independence of judiciary and the reason for that is as judges "we have no personal defence or a platform to defend ourselves". Justice Chandrachud said district judiciary is the first point of interface between the judiciary and common citizen. "So the process of dispensing justice is

Aadhaar Act must be amended to give remedies, says Justice Abhay Oka

Justice Abhay Oka of the Supreme Court on Saturday said the Aadhaar Act must be amended to provide remedies to those who are deprived of the important document and to make it "citizen-centric". He was speaking at a seminar on 'Dispute Resolution Mechanism in Telecom, Broadcasting and Cyber-Sector Issue, Approach and Way Forward' organized by Telecom Dispute Settlement Appellate Tribunal (TDSAT). Justice Oka rued the lack of "legal literacy" among the educated class and said people "silently suffer injustice" as they do not avail remedies for problems. In 2019, the appellate jurisdiction relating to the Aadhaar mechanism was assigned to the TDSAT. "The Aadhaar Act, 2016 provides for securing the confidentiality of the information supplied by the citizens to the authority. When one applies for the Aadhaar card, one needs to supply various information and data. So the Act provides for securing the confidentiality of the information," said Justice Oka. There are restrictions on sharin

SC says rising trend to scandalise courts; issues contempt notices

There is a rising "trend" to scandalise courts, the Supreme Court said on Friday while issuing contempt notices, including to two advocates, for allegedly attributing motive to a Madhya Pradesh High Court judge in a matter related to lease of fishing rights. Taking strong exception that the endeavour is to allegedly scandalise the court, the apex court said a judge is not "infallible" and may have passed a wrong order which can be set aside later, but attributing motives to the judge cannot be permitted. "There is a trend to scandalise the court which is rising," a bench of justices S K Kaul and A S Oka orally observed. "You have attributed motive to the chief justice of the high court for passing an order which may be right or may be wrong," the top court observed. The Supreme Court was hearing a plea against the order passed in August by a Madhya Pradesh High Court division bench of which its chief justice was a part. It also issued notices including to an advocate-on-record (Ao

Not getting enough lawyers to serve in higher judiciary: Supreme Court

The Supreme Court on Thursday expressed disappointment over not getting enough eligible lawyers for lateral entry into higher judiciary as additional district judges across the country. Lawyers with a minimum of seven years experience can take a competitive examination for lateral into Higher Judicial Services (HJS) as ADJs. A bench headed by Chief Justice D Y Chandrachud was hearing a plea of several unsuccessful candidates of the higher judicial services (HJS) examination held recently in Rajasthan. Refusing to entertain the plea, the bench, also comprising Justices Hima Kohli and J B Pardiwala, asked the candidates to approach the high court instead. The court said it is of the considered view that such a challenge can be raised under Article 226 of the Constitution in the Rajasthan High Court. The counsel, Prashant Bhushan, submitted that the answer sheets be evaluated by a former judge... We leave it open to the petitioners to move the Rajasthan High Court. We request the Chi

GM mustard row: Supreme Court will only examine 'judicial aspects'

The next hearing will be on November 29

Rising rate of juvenile delinquency in India a matter of concern: SC

The Supreme Court on Wednesday expressed concern over rising rate of crimes involving juvenile accused, saying it needed immediate attention and that it was up to the government to revisit the benevolent juvenile justice law. The observations came from a bench of justices Ajay Rastogi and J B Pardiwala which held Shubam Sangra, one of the key accused in the sensational gang-rape and murder case of an eight-year-old nomadic girl in Kathua in 2018, was not a minor at the time of offence and ordered his trial as an adult. The top court also quoted American musician Kurt Cobain in its 66-page judgement. Rape is one of the most terrible crimes on earth and it happens every few minutes. The problem with groups who deal with rape is that they try to educate women about how to defend themselves. What really needs to be done is teaching men not to rape. Go to the source and start there, the court said quoting the musician. Before we close this matter, we would like to observe that the risin

Fantasy sports offered by Dream11 are games of skill, not chance: SC

Two-judge bench dismisses review petition seeking to reopen and review an earlier SC order relating to a 2017 Punjab and Haryana HC decision ruling fantasy sports to be a game of skill

Need to change the face of district judiciary 'first and foremost': CJI

Chief Justice of India Justice DY Chandrachud says there is a need to change the face of the district judiciary

Courts should be sensitive, we are dealing with humans not files: Delhi HC

Courts need to maintain sensitivity and compassion that is balanced with law as they are dealing with humans and not mere files and orders, the Delhi High Court has said. The court's observation came while dealing with a petition by a murder convict serving a life term, who sought a two-month parole to settle the division of his family property, arrange funds for his family and also "curb inner stress" following the death of his mother. The petitioner's request for parole was turned down by the Delhi government on several grounds, including that his conduct in jail was unsatisfactory. Justice Swarana Kanta Sharma, however, directed the release of the petitioner for a period of 45 days on parole, saying, "Sensitivity and compassion balanced with rules, regulations and law needs to be maintained by any court as one is dealing with humans and not mere files and orders." The judge considered that the petitioner, who has spent 14 years in jail and was earlier granted parole on seven ...

A fresh beginning

Justice Chandrachud's term will be closely followed

Supreme Court to hear plea against CJI-designate Justice D Y Chandrachud

The Supreme Court on Wednesday decided to hear during the day a plea seeking to restrain the senior most judge, Justice D Y Chandrachud, from taking oath as the Chief Justice of India on November 9. A bench headed by Chief Justice Uday Umesh Lalit said instead of Thursday, it will hear the petition at 12.45 pm when a lawyer mentioned the case for hearing on Thursday. Get the paper books for my brother and sister (Justices S Ravindra Bhat and Bela M Trivedi). We will list the matter at 12.45 pm today itself, the CJI said. Justice Chandrachud, the CJI-designate, will take oath as the 50th Chief Justice of India on November 9.

CJI Lalit restored public confidence in judicial system: CM Mamata

Mamata Banerjee was all praise for the current Chief Justice of India, U.U. Lalit

Married woman asked to do household work for family not cruelty, says HC

If a married woman is asked to do household work for the family, the same cannot be equated to the work of a maid servant and would not amount to cruelty, the Aurangabad bench of the Bombay High Court said while quashing a case lodged by a woman against her estranged husband and his parents for domestic violence and cruelty. A division bench of Justices Vibha Kankanwadi and Rajesh Patil, on October 21, quashed the First Information Report lodged against the man and his parents. The woman, in her complaint, had alleged she was was treated properly for a month after marriage, but thereafter, they began treating her like a maid servant. She also claimed her husband and his parents, a month after the marriage, started demanding Rs 4 lakh to buy a four-wheeler. In her complaint, the woman said she was then subjected to mental and physical harassment by her husband over this demand. The HC, in its order, noted the woman had merely stated she was harassed but had not specified any such ac

DY Chandrachud appointed 50th Chief Justice of India, to take oath on Nov 9

Lauded as a feminist judge for his reasoning, Justice Chandrachud spoke to young law graduates recently and told them to incorporate a feminist way of thinking while dealing with the law

CJI-designate Chandrachud part of landmark verdicts: A few highlights

He is no stranger to the hallowed corridors of the Supreme Court over which his illustrious father presided for about seven years and four months, the longest in the institution's history. Dhananjaya Y Chandrachud, however, had no qualms about overturning the judgements of father Y V Chandrachud on hot- button issues like adultery and the right to privacy. The senior-most Supreme Court judge will now take over as the 50th Chief Justice of India on November 9, stepping into the shoes of his redoubtable father Y V Chandrachud, who was the CJI between 1978 and 1985, the first instance of a father-son duo occupying the most sanctified seat in the over seven-decade history of the highest court of India. The formidable DY Chandrachud, has been part of several constitution benches and penned landmark verdicts at the top court, including those in the vexed Ayodhya land title dispute. Justice Chandrachud will take the charge from incumbent CJI Uday Umesh Lalit, who recommended him as his .

Still have hope in judiciary, says student who fought against hijab ban

Even as the Karnataka government has vowed to continue the hijab ban in educational institutions till the Supreme Court gives a final verdict, Aliya Assadi, one of the girl students who started the fight for hijab at the government PU college in Udupi, says there is still hope for a fair judgement on the issue. Assadi took to Twitter to express her view on the split verdict given on the hijab issue by the Supreme Court, saying the judgement has upheld the rights of victim girls. "Hon'ble Justice Dhulia's statement has further strengthened our hope in fair judgement and continued constitutional value at least in miniscule. Thousands of hijabis students are waiting to resume their education," she tweeted. Assadi was one of the petitioners who moved the High Court seeking to protect the right of Muslim girls to wear hijabs in educational institutions. Another student Hiba Sheik, in her tweet, said: "Our plea was straightforward & simple. All we asked was our personal choice & ...

DY Chandrachud to succeed UU Lalit as the next Chief Justice of India

Chandrachud was the additional solicitor general of India in 1998 and was sworn-in as the chief justice of the Allahabad High Court in 2013

Centre recommends elevation of two judges as CJs of Karnataka and J-K HC

The Centre has notified the elevation of two judges as chief justices of the Karnataka High Court, Jammu & Kashmir and Ladakh High Court, and also notified the transfer of Chief Justice of J&K High Court to the Rajasthan High Court.

SC collegium meeting of Sept 30 on elevation of judges discharged

'The unfinished work in the meeting called for September 30 is closed without there being any further deliberation and it stands discharged'