Page 2 - Indian Judiciary

Man joins virtual court from toilet; Gujarat HC orders community service

The High Court remarked that the man dragged the sanctity court to the toilet during the hearing

SC concerned over ED summoning lawyers for advice, may frame guidelines

The Enforcement Directorate is "crossing all limits", the Supreme Court said on Monday as it expressed serious concern over the agency summoning advocates for offering legal advice or representing clients during investigations. It also called for guidelines on the matter. The remarks from an apex court bench of Chief Justice B R Gavai and Justice K Vinod Chandran came during a suo motu hearing initiated by the court to address the implications of such actions on the independence of the legal profession. The communication between a lawyer and the clients is privileged communication and how can the notices be issued against them they are crossing all limits, the CJI said. Guidelines should be framed, the CJI said while responding to submissions that recent ED notices to legal professionals like senior advocate Arvind Datar could have a chilling effect on the practice of law. Attorney General R Vennkataramani and Solicitor General Tushar Mehta said the issue had been taken up at the .

Kerala HC bars district courts from using AI for legal reasoning, decisions

In a landmark move, the Kerala High Court has come out with an Artificial Intelligence (AI) usage policy which specifically prohibits usage of such tools for decision making or legal reasoning by the district judiciary. The High Court has come out with the 'Policy Regarding Use of Artificial Intelligence Tools in District Judiciary' for a responsible and restricted use of AI in judicial functions of the district judiciary of the state in view of the increasing availability of and access to such software tools. According to court sources, it is a first-of-its-kind policy. It has advised the district judiciary to "exercise extreme caution" as "indiscriminate use of AI tools might result in negative consequences, including violation of privacy rights, data security risks and erosion of trust in the judicial decision making". "The objectives are to ensure that AI tools are used only in a responsible manner, solely as an assistive tool, and strictly for specifically allowed purposes. Th

CJI Gavai calls for reforms in legal system while addressing law graduates

The Indian legal system has been facing unique challenges and is badly in need of fixing, Chief Justice of India BR Gavai said on Saturday. Delivering Convocation Address at Nalsar University of Law, Hyderabad at Justice City near here, Justice Gavai advised students to go abroad for studies on scholarships, not to put pressure on family finances. "Even though I conclude that our legal system is badly in need of fixing, I remain cautiously optimistic that my fellow citizens will rise to the challenges, CJI Gavai said. "Our country and legal system are facing unique challenges. Delays in trials can sometimes go for decades. We have seen cases where someone has been found innocent after spending years in jail as an undertrial. Our best talent can help us resolve the problems that we are facing," he further said. He advised the passing out graduates to seek mentors not for their power, but for integrity. Chief Minister A Revanth Reddy and Supreme Court Judge Justice PS Narasimha als

Ambedkar wanted judiciary to be free from executive interference: CJI Gavai

Dr B R Ambedkar spoke about the supremacy of the Constitution and believed that judiciary should be free from interference from the executive, Chief Justice of India Bhushan Ramkrishna Gavai said here on Tuesday. He was speaking after being felicitated by the Maharashtra legislature upon his elevation to the top judicial post. Ambedkar had said that we all believe in the supremacy of the Constitution which will keep the country united during peace and war, Gavai said in his address to the legislature. The Constitution gives rights to the three wings -- Executive, Legislature and Judiciary -- and according to Ambedkar, judiciary has to work as a watchdog and custodian of citizens' rights, the chief justice said. Ambedkar also said that judiciary should be free from executive interference, he added. The CJI also quoted Ambedkar as stating that the Constitution cannot be static, it has to be organic and keep evolving. Earlier, both houses of the Maharashtra legislature congratulate

Child protection system disjointed, needs overhaul: SC Judge Surya Kant

The child protection framework in the country remains disjointed and under-equipped, and what is needed is a fundamental shiftone that sees the child not as a passive witness in a criminal trial, but as a person in urgent need of sustained and holistic care, Supreme Court Judge Justice Surya Kant said on Saturday. Speaking at the inaugural session of the State-Level Meet 2025 on POCSO, Justice Kant added that the work is far from complete until children experience meaningful restorative justicewhere the systems meant to protect them do not retraumatise them. Chief Minister A Revanth Reddy, in his address, said child survivors must be placed at the centre of India's legal and moral framework in fighting this heinous crime against humanity. Justice Surya Kant emphasised that the system should prioritise the healing of children both within and outside the four walls of the courtroom, alongside ensuring accountability. "Our child protection framework, though well-intentioned, remains .

Centre to collect signatures of MPs for motion to remove Justice Varma

Prominent opposition parties have given their in-principle approval to support the motion to remove Allahabad High Court judge Yashwant Varma and the process of collecting signatures could begin soon, Union minister Kiren Rijiju said on Thursday. He said the government is yet to decide whether the motion would be brought in the Lok Sabha or Rajya Sabha. For Lok Sabha, signatures of a minimum 100 MPs is required. For the Rajya Sabha, the requirement is the support of at least 50 MPs. He said the signatures will be collected after the government decides on the House where the motion will be brought. The Monsoon session will commence from July 21 and end on August 21. According to the Judges (Inquiry) Act of 1968, once a motion to remove a judge is admitted in any of the houses, the speaker or the chairman, as the case may be, will constitute a three-member committee to investigate the grounds on which the removal (or, in popular term, impeachment) has been sought. The committee con

Constitution defines roles of legislature, executive, judiciary: CJI Gavai

Addressing the issue of "judicial activism," the CJI asserted that it is necessary for "upholding" the constitution and rights of the citizens

CJI Gavai backs supremacy of Constitution over three wings of democracy

Chief Justice B R Gavai said the legislature, executive, and judiciary all work under the Constitution-not above it-as debate brews over Parliament's powers and the judiciary's role in lawmaking

Justice Varma failed to account for cash found at residence: SC panel

The in-house committee said Justice Varma failed to explain the origin of recovered cash, rejected conspiracy claims, and accepted transfer without protest

Cash discovery row: Govt wants to control judges' appointments, says Sibal

Rajya Sabha MP Kapil Sibal on Tuesday alleged that the real motive of the government in moving towards bringing an impeachment motion against Justice Yashwant Varma for alleged corruption is to take control of appointment of judges by doing away with the Collegium system and bringing in the National Judicial Appointments Commission (NJAC). Sibal, who is also a senior advocate, also accused the government of having a selective approach in handling the cases of Justice Varma and Justice Shekhar Yadav, against whom Opposition MPs have submitted a notice in the Rajya Sabha for moving an impeachment motion for making allegedly "communal" remarks last year. Law Minister Kiren Rijiju has underlined the government's resolve to take all political parties on board in moving the impeachment motion against Justice Varma. A fire incident at Varma's residence in the national capital in March, when he was a judge at the Delhi High Court, had led to the discovery of several burnt sacks of cash at th

Judicial activism must not become 'judicial terrorism', says CJI Gavai

Chief Justice of India BR Gavai emphasised that judicial review should be used sparingly, reserved only for the most exceptional cases

Technology must aid, not replace, human mind in judicial decision: CJI

Technology must complement, not replace, the human mind in judicial decision-making, Chief Justice of India B R Gavai has said while emphasising that the value of discretion, empathy and judicial interpretation is irreplaceable. In his keynote address on "Role of Technology in the Indian Legal System" at the School of Oriental and African Studies (SOAS) of the University of London, the CJI said while the judiciary welcomes innovations like automated cause lists, digital kiosks and virtual assistants, it must ensure that human oversight, ethical guidelines and robust training are integral to their implementation. "The value of discretion, empathy and judicial interpretation is irreplaceable," Justice Gavai said and pointed out that the Indian judiciary is well-positioned to develop homegrown ethical frameworks tailored to the country's constitutional and societal realities. "We possess the technological expertise, the judicial foresight and the democratic mandate to build systems tha

SC cancels bail of former Karnataka minister in BJP worker murder case

Citing attempts to influence witnesses, the Supreme Court has cancelled bail of ex-Karnataka minister Vinay Kulkarni in BJP worker Yogesh Gowda's 2016 murder case

Justice Varma case: Can't lodge FIR due to judicial order, says Dhankhar

Vice-President Jagdeep Dhankhar on Friday said the government of the day is handicapped, as it can't register an FIR because there is a judicial order. Dhankhar's made the remarks in connection with the Justice Yashwant Varma episode. A fire broke out at Varma's residence in the national capital in March when he was a judge in the Delhi High Court, leading to the discovery of several burnt sacks of cash from the outhouse. Dhankhar was interacting with a delegation of the Punjab and Haryana High Court Bar Association here. The four members of the Bar association led by its president Sartej Singh Narula called on the vice-president at the Punjab Raj Bhavan, where Dhankhar arrived on Thursday evening before travelling to Shimla on Friday. Narula later said the matter pertaining to Justice Varma came up during general discussions. According to an official statement issued on Friday evening, the vice-president said, "The government of the day is handicapped. It can't register an FIR .

BCI missteps on new rules for opening the market to foreign lawyers

BCI's new rules take immediate effect, with no prior notice, consultation, or transition-raising urgent concerns amid India-US trade talks

At least 3 years' practice must to apply for judicial service exams: SC

SC says fresh law graduates can no longer apply directly for civil judge posts; 3-year practice rule restored for future judicial service recruitments from May 20

SC to urgently hear plea for FIR against Justice Yashwant Varma in cash row

The Supreme Court on Monday agreed to list for urgent hearing a plea seeking registration of an FIR against Allahabad High Court's Justice Yashwant Varma in connection with the cash discovery row. A bench comprising Chief Justice B R Gavai and Justice Augustine George Masih took note of the submission of lawyer and petitioner Mathews Nedumpara, and said that if defects are cured then it can be listed for hearing Tuesday. It can be listed tomorrow if defects (in the petition) are cured, the CJI said. Nedumpara said he would remove defects, if any, from the petition and urged the bench that it be listed on Wednesday as he is unavailable on Tuesday. The bench agreed to list it on Wednesday provided defects are cured. After an in-house inquiry panel indicted the judge, the then CJI Sanjiv Khanna had nudged Justice Varma to resign. The then CJI wrote to President Droupadi Murmu and Prime Minister Narendra Modi after Justice Varma refused to resign. The petition, filed by Nedumpara and

Judges and civil servants: A post-retirement job remains a grey area

For government posts, there is no cooling-off period. Yet, the Union government under different political regimes has either waived or altered the rules to suit the occasion

Courting reform: Newly appointed CJI B R Gavai must address case pendency

Justice Gavai has been part of several seminal apex court judgments - among them, upholding the revocation of Jammu & Kashmir's special status, the one on demonetisation