Page 6 - Indian Judiciary

OpenAI cites US roots to avoid Indian courts, but lawyers say case holds

Six other lawyers, and submissions of two court-appointed experts in the OpenAI lawsuit, Arul George Scaria and Adarsh Ramanujan, said Indian judges can hear the matter

Access to judiciary weaponised, Institutions not working within domain: V-P

Vice President Jagdeep Dhankhar on Wednesday said access to judiciary has been "weaponised" and it poses a great challenge to India's governance and democratic values. He also said institutions are not working within their domain. In an apparent attack on the judiciary, he said every day one finds advisories being issued and executive functions being performed by bodies that have no jurisdiction or jurisprudential authority or competence to perform those actions. "To put it in a layman's language, a tehsildar can never record an FIR. How so very strongly he may feel because our Constitution ordains institutions have to work within their own domain. Are they working? I'll answer for you, no," he said. He said "day in and day out you will find advisories emanating (and) executive functions being performed by bodies that have no jurisdictional or jurisprudential authority or competence to perform those actions". The vice president made these remarks while addressing students of the ..

Badlapur sexual assault case: 5 cops found responsible for custodial death

A magistrate's inquiry has held five policemen responsible for the custodial death of Akshay Shinde, accused in the Badlapur school sexual assault case. The magistrate on Monday tendered its inquiry report to the Bombay High Court, which was hearing a plea filed by Shinde's father, Anna Shinde, claiming his son was killed by the police in a fake encounter. Akshay Shinde (24) was arrested in August 2024 for allegedly sexually assaulting two minor girls inside the toilet of a school in Badlapur. He was an attendant at the school. In September, Shinde was killed in an alleged police shootout while being taken from the Taloja prison for questioning. The police claimed he snatched the gun of one of the police personnel in the police van, opened fire, and was killed in retaliatory firing. Under the law, a magistrate inquiry is initiated in cases where an accused dies in police custody. A division bench of Justices Revati Mohite Dere and Neela Gokhale perused the report. The bench said

Delhi HC refuses to entertain PIL to ban sale of tobacco near temples

Petition was heard by the bench led by Acting Chief Justice Vibhu Bakhru, who observed that it did not find it appropriate to intervene in the matter

SC to hear pleas against invalidation of Bengal teacher positions on Jan 15

The Supreme Court will hear pleas challenging a Calcutta High Court order invalidating the appointment of 25,753 teachers and non-teaching staff in government and aided schools in West Bengal on January 15. A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan said at the outset on Tuesday that there are two options before it -- either a three-judge bench re-hears the case all over again or it be listed it before a two-judge bench that began hearing final arguments on December 19, the last date of hearing. Taking note of the submissions of lawyers, the CJI said the matter will be heard by a two-judge bench comprising him and Justice Kumar at 2 pm on January 15. There are 124 petitions, including the one filed by the state government, pending in the top court. The bench had earlier issued a slew of procedural directions and appointed four lawyers as nodal counsel while asking them to file a common compilation in electronic form after getting ..

Delhi HC says endless incarceration without trial violates Article 21

Endless incarceration without trial in near future falls foul of Article 21 of the Constitution, the Delhi High Court said recently and granted bail to a man held in a cheating case in 2022. Justice Amit Mahajan said if an accused was suffering a prolonged incarceration without a timely trial in the case, courts would ordinarily be obligated to release them on bail. Article 21 of the Indian Constitution deals with the right of life and personal liberty. In the case at hand, the judge said charges were yet to be framed, the prosecution had sought repeated adjournments to file a supplementary chargesheet and it had been a year since the accused's last bail plea was dismissed. "The applicant has spent more than two years in custody. There is no likelihood of the trial being completed in near future. In such circumstances, incarceration of the applicant for an endless period on account of non-examination of witnesses falls foul of Article 21 of the Constitution of India," the court sai

India must protect integrity of constitutional institutions, says SC Judge

India must protect the integrity of its constitutional institutions from outside interference, including those that are politically motivated, said Justice P S Narasimha, Judge, Supreme Court of India, on Sunday. Justice Narasimha was delivering the Justice E S Ventakaramiah Centennial Memorial Lecture, organised by the National Law School of India University (NLSIU) in Bengaluru. Justice Venkataramiah served as the 19th Chief Justice of India. He previously served as a judge of the Karnataka High Court, as well as the Advocate General of Mysore. According to the Supreme Court Observer, he was a part of benches that pronounced 720 judgments. Of these, he authored 256 judgments during his term at the Supreme Court. In his lecture, Justice Narasimha said integrity of the institutions can be maintained only by putting in place safeguards in the appointment, decision making and removal process of individuals who helm these institutions. He also added that the topic of the memorial ...

We welcome this bill: BJP MPs exude support for 'One Nation, One Election'

'One Nation, One Election' bill, which provides for simultaneous elections to Lok Sabha and state assemblies is slated to be introduced in Lok Sabha today

SC to hear matter related to effect of stay orders on trials' pace on Dec 9

The Supreme Court is scheduled to hear on Monday a suo motu matter related to adverse effect of stay orders granted by the appellate courts on the pace of trials. As per the cause list of December 9 uploaded on the apex court website, a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar is slated to hear a matter titled "In Re: Adverse effect of stay orders granted by appellate courts on the pace of trials, despite parameters for grant of such stays, laid down by this court". The apex court, while dealing with a petition filed by the Central Bureau of Investigation (CBI) in November 2021, had flagged the issue of stay orders granted by the appellate courts and the pace of trial getting adversely affected. "The second aspect with which we find ourselves concerned is the stay orders granted by the appellate courts and thus the pace of trial getting adversely affected, despite this Court having laid down parameters for grant of such stays," the top court had said in

Docket explosion preventing quality judgments, timely justice: SC judge

Docket explosion is preventing the delivery of quality judgments as well as timely justice in the country, Supreme Court judge Justice Hrishikesh Roy said on Saturday. Justice Roy made the remarks after inaugurating a two-day zonal conference on 'Court Dockets: Explosion and Exclusion' organised by the Jammu and Kashmir Judicial Academy under the aegis of the National Judicial Academy, Bhopal, at the SKICC here. Several judges from the Supreme Court, Chief Justice of the High Court of J-K and Ladakh, Justice Tashi Rabstan, and ex-Supreme Court judge and Director of National Judicial Academy, Justice Anirudhha Bose, attended the conference, among other legal representatives from the region. Emphasising that docket explosion is preventing the delivery of quality judgments and timely justice, Justice Roy said in his inaugural address, "It is a significant concern in a developing country like India, which is the world's largest democracy, with millions of court cases pending at differen

CJI backs advance letters for case withdrawals to streamline proceedings

Chief Justice of India Sanjiv Khanna on Wednesday emphasised the importance of preemptive communication in court processes and suggested that lawyers submit advance letters for case withdrawals rather than relying on oral submissions during hearings. The CJI has been taking several procedural steps to streamline the judicial process in the top court. On November 12, he said no oral submissions for urgent listing and hearing of cases would be permitted and urged lawyers to either send emails or written letters for it. On Wednesday, the CJI suggested lawyers file advance letters for case withdrawals rather than making oral submissions while hearing a transfer petition in a family dispute case. The counsel in the case informed the bench that the parties had resolved their differences and wished to withdraw the transfer petition. Granting the withdrawal, the CJI remarked that advance notice would enhance court efficiency. "If you have any such requests, you can always give a letter to

21% posts vacant in district courts, Govt needs to invest more: Ex-CJI

He also pointed out that this will require a constitutional amendment because, the recruitment and conditions of service of the judges to the district judiciary are, controlled by the governors

Some groups trying to use social media to affect cases: ex-CJI Chandrachud

Former Chief Justice D Y Chandrachud on Sunday said social media is being used by special interest groups to influence outcome of cases and judges need to be wary of them. He also noted that people nowadays want to form an opinion on the basis of 20 seconds they see on YouTube or any other social media platform, saying it poses a great danger. "Today there are special interest groups, pressure groups who are trying to use social media to affect the minds of the courts and the outcomes of cases. Every citizen is entitled to understand what is the basis of a decision and to express their opinions on the decisions of the court. But when this goes beyond the decisions of the court and targets individual judges, then it sort of raises fundamental questions about - Is this truly freedom of speech and expression?" he said. "Everybody, therefore wants to form an opinion in 20 seconds of what they see on YouTube or any social media platform. This poses a grave danger because the process of

CJI Khanna brings fresh roster on case allocation, first 3 benches for PILs

Chief Justice Sanjiv Khanna has come out with a fresh roster for allocation of new cases to 16 benches and it has been decided that the first three courts presided over by the CJI and the two senior-most judges respectively will hear letter petitions and PILs. The roster for the assignment of fresh cases was notified by the apex court registry under the order of the CJI and has come into effect from November 11. The fresh petitions arising out of letters written by the citizens to the apex court and the new public interest litigations (PILs) will be heard by the benches presided over by the CJI, Justice B R Gavai and Justice Surya Kant, the two senior-most judges, respectively. Besides the letter petitions and the PILs, subject wise, the CJI-led bench will be dealing with a maximum number of issues, including those related to social justice, disputes related to election of President, Vice President and other cases related to election of MPs and MLAS, habeas corpus matters and ...

'Wholly unconstitutional': SC rules on bulldozer justice by state govts

Issues guidelines such as giving a 15-day notice period to challenge demolition

SC slams 'bulldozer justice': Warns executive against acting as judge

The Supreme Court asserts that executive actions cannot override the judiciary, emphasising that arbitrary bulldozer demolitions without trial violate legal rights and constitutional principles

Govt floats Bill to set up dedicated commercial courts at district level

The Union law ministry has floated a draft Bill to amend the Commercial Courts Act which, among other things, proposes setting up of "dedicated" commercial courts at the district level. Seeking views of the public on the proposed amendments, the department of legal affairs in the law ministry has said that the aim is to provide further impetus to "quicker and specialised adjudication" of commercial disputes and "simplification of the applicable procedure" related to commercial dispute resolution in courts. According to the prevailing sub-section (1) of Section 3 of the Act, the state government after consulting the high court concerned constitutes such number of commercial courts at the district level as it may deem necessary. The proposed sub-section (1) of Section 3 of the draft 'The Commercial Courts (Amendment) Bill, 2024,' states that the state government, after consulting the high court concerned, can constitute such number of commercial courts at the district level, "includin

My shoulders broad enough to accept criticism: CJI D Y Chandrachud

At his farewell event, Justice Chandrachud says no greater feeling than serving the needy

Forensic probe all set to boost conviction rate in serious crime cases

With BNS making such investigation mandatory in serious crime cases that attract seven years' imprisonment or above, more and more criminals are likely to be brought to justice in the next five years

India may look to curb judges' arbitrary sentences for criminals

The pace of the trial and questions about the legal defence given to the accused fuelled concern among some rights advocates