Page 7 - Indian Judiciary

Judiciary's independence doesn't mean delivering verdicts against govt: CJI

Chief Justice D Y Chandrachud on Monday said the independence of the judiciary does not mean always delivering verdicts against the government. Speaking at an event here organised by the Indian Express group, Chandrachud said there are pressure groups trying to get favourable verdicts by putting pressure on the courts by using electronic media. "Traditionally, judicial independence was defined as independence from the executive. Independence of the judiciary even now means independence from the government. But that is not the only thing in terms of judicial independence. "Our society has changed. Particularly with the advent of social media, you see interest groups, pressure groups and groups which are trying to use electronic media to put pressure on the courts to get favourable decisions," he said. Chandrachud, who demits office on November 10, said a lot of these pressure groups term the judiciary independent if judges decide in their favour. "'If you do not decide in my favour

No forward movement on 4 names reiterated by Collegium headed by CJI

There has been no forward movement on the names reiterated by the Supreme Court Collegium headed by Justice D Y Chandrachud for appointment as high court judges as he demits office as the chief justice of India on November 10. The collegium had in January 2023 reiterated the names of advocates Saurabh Kirpal for elevation as a judge of the Delhi High Court, R John Satyan as judge of the Madras HC, and Amitesh Banerjee and Sakya Sen as judges of the Calcutta High Court. The top court collegium had also reiterated the name of Somasekhar Sundaresan, also an advocate, as judge of the Bombay High Court in January 2023. In November that year, he was elevated as a judge of the Bombay HC. People aware of the procedure to appoint high court and Supreme Court judges said the files relating to Kirpal, Satyan, Banerjee and Sen are still pending with the government. In Januaary 2023, the Supreme Court collegium had for the second time reiterated the names of Banerjee and Sen for appointment as

FinMin can't treat DRT officers as subordinates, says Supreme Court

A bench of Justices Abhay S Oka and Augustine George Masih was hearing a matter related to lawyers' strikes at DRT Visakhapatnam

No place for derogatory language against women in courtrooms: CJI

Chief Justice of India D Y Chandrachud on Saturday said all forms of derogatory language, particularly against women, have no place in courts, noting that insensitive words can perpetuate stereotypes and may disproportionately affect women and marginalised communities. The CJI referred to complaints from women judicial officers about the use of derogatory language by some members of the administrative establishment towards women. Addressing a gathering at the inauguration of the North Goa District Courts Complex near Panaji, the CJI said, "We must actively work to dismantle all barriers to have truly democratic access to justice". "As we strive for inclusivity within our courtrooms, the language which we use must reflect our ethos. We must be vigilant in our choice of words ensuring that our language is not only precise but also respectful and intrusive," the CJI said. He said the insensitive or dismissive language can perpetuate stereotypes and may disproportionately affect women

Thriving constitutional order based on institutional trust in courts: CJI

Institutional trust in courts and their credibility is the very basis of a thriving constitutional order, Chief Justice of India (CJI) D Y Chandcrachud said on Wednesday. The CJI was speaking at the Bhutan Distinguished Speakers' Forum, a part of the Jigme Singye Wangchuck Lecture Series, on the subject of 'Judicial Legitimacy through accessibility, transparency and technology: the Indian experience'. Dealing with the issue of public trust, the CJI said that courts do not directly hold resources as trustees of people. But as public functionaries, the courts are vested with the responsibility to give effect to equity, and judicial bodies are not directly in charge of the manner in which resources are distributed, he said. "However, it does fall upon us to adjudicate the fairness of that distribution, should it be questioned," the CJI said. "Yet the courts of the country do require public trust and legitimacy. Institutional trust in the constitutional and other courts of the country

Will lay down law on HCs revoking orders dictated in open courts: SC

The Supreme Court on Friday said it will lay down the law on the issue of high courts revoking orders dictated in open courts after the top court came across a case in which the Madras HC quashed a money laundering case against a former IPS officer and later modified its direction and reheard the matter. A bench of Justices Abhay S Oka and Augustine George Masih stayed the proceedings in a money laundering case against former IPS officer M S Jaffer Sait registered in connection with an alleged illegal allotment of a Tamil Nadu Housing Board plot. The top court posted the matter for hearing on November 22. The apex court was hearing a plea filed by Sait, who contended that his case was reheard within days after allowing his plea for quashing of the proceedings in the matter. The SC bench had earlier sought report from from the Madras High Court's Registrar General on the issue. On September 30, after inspecting the report from the HC, the top court had called the decision of the h

Centre notifies appointment of Chief Justices of eight High Courts

Union Law Minister Arjun Ram Meghwal announced the appointment of Chief Justices to eight High Courts, via his official X (formerly Twitter) handle

Fact-checking, research: A case for taking AI's assistance in the law

AI tools can read every single judgment available in a database to ensure that lawyers 'miss nothing'

Fast track courts dispose 94% cases of sexual offences in 2023: Report

Fast Track Special Courts which specialise in expediting the trial process for cases related to sexual offences disposed of 83 per cent cases in 2022 and 94 per cent in 2023 while all Indian courts saw only a 10 per cent disposal rate, according to a new report. A recent report, 'Fast Tracking Justice: Role of Fast Track Special Courts in Reducing Case Backlogs' by the child rights NGO, India Child Protection, highlights the exceptional efficiency of these courts. While all Indian courts saw only a 10 per cent disposal rate for rape and POCSO (Protection of Children from Sexual Offences) cases in 2022, FTSCs managed an impressive 83 per cent rate, which further improved to 94 per cent in 2023, according to the report. Despite the positive impact of FTSCs, the report paints a stark picture of the judicial system's challenges. As of August 2024, a total of 755 FTSCs, including 410 exclusive POCSO courts, are functional out of the 1023 earmarked courts, it said. In total, 4,16,638 ra

Nearly 62,000 cases pending in High Courts over 30 years old, shows data

There are nearly 62 thousand cases pending in various high courts, which are more than 30 years old, including three awaiting disposal since 1952. According to official data, there are four cases pending since 1954 and nine since 1955 in high courts. Out of the three cases pending since 1952, two are in the Calcutta High Court and one in the Madras High Court. Addressing the national conference of district judiciary here earlier this week, President Droupadi Murmu had called for a change in the "culture of adjournments' in the judiciary. She said long-standing pendency and backlog of cases is a big challenge before the judiciary. "All stakeholders have to find a solution by giving priority to this problem," she said. As many as 58.59 lakh cases, including 42.64 lakh of civil nature and 15.94 lakh of criminal nature, are pending across high courts. According to the National Judicial Data Grid (NJDG), nearly 2.45 lakh cases are pending in high courts which are 20 to 30 years ...

Only 6.7% court infrastructure at district level female-friendly: CJI

Chief Justice of India D Y Chandrachud on Sunday said the fact that only 6.7 per cent court infrastructure at the district level is female-friendly needs to be changed. Speaking at the 'National Conference of the District Judiciary', Chandrachud said it should be ensured that courts provide safe and accommodating environment for all members of the society. "We must without any question, change the fact that only 6.7 per cent of our court infrastructure at the district level is female-friendly. Is this acceptable today in a nation where at the basic level of recruitment in some states over 60 or 70 per cent of the recruits are women? Our focus areas are on increasing accessibility measures which can be understood by carrying out infrastructural audits. "Opening in-court medical facilities, creches and technological projects like e-seva Kendras and video conferencing devices. These endeavours aim to increase access to justice. "Axiomatically, we must also ensure that our courts provi

Meghwal calls for breaking 'taarikh pe taarikh' perception about judiciary

Law Minister Arjun Ram Meghwal on Sunday called for collective efforts to break the common perception that justice delivery system in India suffers from "taarikh pe taarikh culture" and asserted such efforts will strengthen the trust factor among citizens. He also proposed a critical analysis of 'aging of pending litigation'. The minister said aging analyses and clubbing of similar cases can help reduce pendency in the courts and lauded some of the high courts for putting such a system in place. Addressing the valedictory session of national conference of district judiciary here in the presence of President Droupadi Murmu, Meghwal said his ministry has proposed a target of "justice for all". The programme proposes affordable, speedy and technology-enabled citizen-centric justice at doorstep for the people. "It is the collective responsibility of all those present at the programme to break the common perception that the justice delivery system has a taarikh pe taarikh culture," he

Must make efforts to change 'adjournments culture' in courts: Prez Murmu

President Droupadi Murmu on Sunday said that efforts need to be made to change the "culture of adjournments" in courts to ensure swift justice. Addressing the valedictory event of the two-day National Conference of the District Judiciary here, she said that the pendency of court cases is a big challenge for "all of us". "All possible efforts need to be made to change the culture of adjournments in courts," she said. Murmu said all judges of the country have the responsibility to protect justice. She said common people's stress level increases in courtroom settings, a phenomenon she coined as "Black court syndrome," and suggested it be studied. She also expressed happiness over the increase in the number of women judicial officers. The event was attended by Chief Justice of India D Y Chandrachud and Union Minister of State for Law and Justice (Independent charge) Arjun Ram Meghwal. Murmu also released a flag and insignia of the Supreme Court during the programme held at the Bhar

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District judiciary our backbone, calling it subordinate must stop, says CJI

Chief Justice of India (CJI) D Y Chandrachud on Saturday said district judiciary is the "backbone of the judiciary" and thus a crucial component of the rule of law and calling it subordinate must be stopped. Referring to the increasing number of women joining the district judiciary in the past few years, he highlighted that judges, despite being professionals, are affected by their own "brush with reality" and their mental health may suffer as a consequence. Speaking at the 'National Conference of the District Judiciary', which was inaugurated by Prime Minister Narendra Modi here, Justice Chandrachud said district judiciary is the first point of contact for a citizen in search of justice. "The district judiciary is a crucial component of the rule of law," he said, adding, "Data on the NJDG (National Judicial Data Grid) reveals a basic truth - the district judiciary is not just the first but is also the final point of contact for citizens". The CJI said the reasons may be numerous -

SCBA head Kapil Sibal highlights abysmal work conditions in district courts

Rajya Sabha MP and senior advocate Kapil Sibal Saturday highlighted the abysmal conditions in which district court judges work and said unless their salary and infrastructure are improved, the quantity and quality of justice delivery system will continue to suffer. Sibal, also the President of Supreme Court Bar Association, said the fact that trial court and district and session courts are loath to grant bail in certain significant matters itself is "symptomatic of the malaise" that has set in. Speaking at the 'National Conference of the District Judiciary' here, which was inaugurated by Prime Minister Narendra Modi, Sibal said liberty is the foundational substratum of a thriving democracy and any attempt to throttle it impacts the quality of democracy. He referred to the Chief Justice of India DY Chandrachud often saying that court at the highest level is burdened with bail matters because bail seems to be an exception at the level of trial courts. He spoke about some recent court

Kapil Sibal expresses concern over extremely low judge population ratio

Sibal was addressing the inaugural event of the 2-day National Conference of District Judiciary

District judiciary crucial component of rule of law: CJI Chandrachud

Chief Justice of India (CJI) D Y Chandrachud on Saturday termed the district judiciary the "backbone of the judiciary" and said it is a crucial component of the rule of law. Speaking at the 'National Conference of the District Judiciary', which was inaugurated by Prime Minister Narendra Modi here, the CJI said it was necessary to stop calling district judiciary subordinate. "The district judiciary is the first point of contact for a citizen in search of justice. The district judiciary is a crucial component of the rule of law," Justice Chandrachud said. He said the quality of work and the conditions in which the judiciary provides justice to citizens determine whether they have confidence in the judicial system. "The district judiciary is therefore called upon to shoulder tremendous responsibility and is aptly described as the 'backbone of the judiciary'. The spine is the core of the nervous system," the CJI said. "To sustain the spine of the legal system, we must stop calling the

Sibal urges CJI Chandrachud to appoint more women in higher judiciary

Highlighting the dearth of women judges, Supreme Court Bar Association president and senior advocate Kapil Sibal on Friday urged Chief Justice of India D Y Chandrachud to appoint more women lawyers and judges in higher judiciary. Paying tributes to Justice Hima Kohli, the ninth in seniority among the apex court judges, who is due to retire on September 1, Sibal said she carved her career and chartered her own course in life. With the retirement of Justice Kohli, the number of apex court judges will come down to 33 against the sanctioned strength of 34. Now, the top court will be left with only two women judges -- Justice B V Nagarathna and Justice Bela M Trivedi. "I request the Chief Justice of India to look at law firms and women who are aware of the complexities of the business community. If Indians, Indian women, can become CEOs of Pepsi and run banks in India and lead commercial organisations in India, why should not women lawyers working in law firms dealing with complex legal

Telangana CM apologises to Supreme Court for comment over Kavitha's bail

Telangana Chief Minister Revanth Reddy tendered an apology to the Supreme Court on Friday after the apex court expressed strong displeasure over the Telangana Chief Minister's statement that he gave on the top court granting bail to BRS leader K Kavitha.In a post on X, CM Reddy said, "I have the highest regard and full faith in the Indian Judiciary. I understand that certain press reports dated 29th August, 2024 containing comments attributed to me have given the impression that I am questioning the judicial wisdom of the Hon'ble Court."He further stated that he was a firm believer in the Constitution and its ethos and hold the Judiciary in high esteem."I reiterate that I am a firm believer of the judicial process. I unconditionally express my regret for the statements reflected in the press reports. The remarks attributed to me in such reports have been taken out of context. I have unconditional respect & highest regard for the Judiciary & its independence. As a firm ...