Page 2 - Judicial Infrastructure

Judges reflect sense of continuity of values amid polls: CJI Chandrachud

While elections lie at the core of India's constitutional democracy, judges reflect a sense of continuity of constitutional values that protect the system, Chief Justice of India DY Chandrachud said in his address at the Oxford Union Society. Addressing the famous University of Oxford institution on Tuesday on the topic of the humanising role adjudicators can play in society, the senior-most judge of India's top court highlighted the role of technology in injecting greater transparency into the judicial system. Acknowledging some of the "unfair" criticism aimed at judges on social media, the Chief Justice asserted that the overall impact of technology is to help the judiciary reach out to a wider section of society. "Elections lie at the core of constitutional democracy judges are not elected in India and for a reason; judges reflect a sense of continuity of conditions, a continuity of constitutional values," he said in response to a question referencing the general elections, the

Pune car crash: Minor's parents sent to police custody till June 5

A Pune court on Sunday remanded parents of a 17-year-old boy allegedly involved in the Porsche car accident in police custody till June 5 in a case pertaining to destruction of evidence. The duo is being probed for their alleged role in tampering with the blood sample of the minor following the car accident on May 19 in Maharashtra's Pune city, which claimed the lives of two IT professionals. The minor's mother, Shivani Agarwal, was arrested on June 1, after revelation that the boy's blood samples were replaced with hers. The police had taken custody of his father, realtor Vishal Agrawal, arrested earlier in a related case, for allegedly being involved in the destruction of evidence. The police produced the duo before a holiday court in Maharashtra's Pune city and sought their remand, which was allowed till June 5. The police told the court that the Agarwal couple conspired and destroyed the evidence related to the accident. They went to a state-run hospital and manipulated the b

SC Collegium recommends two judges as permanent judges of Gauhati HC

The Supreme Court Collegium headed by Chief Justice of India (CJI) D Y Chandrachud has recommended to the Centre the names of two additional judges for appointment as permanent judges of the Gauhati High Court. The Collegium, also comprising Justices Sanjiv Khanna and B R Gavai, recommended that Justice Rajesh Sekhri be appointed as an additional judge of the Jammu & Kashmir and Ladakh High Court for a fresh term of one year with effect from July 29, 2024. "... the Collegium resolves to recommend that Justice Susmita Phukan Khaund and Justice Mitali Thakuria, additional judges, be appointed as permanent judges of the Gauhati High Court against the existing vacancies," said one of the Collegium resolutions uploaded on the apex court website. It noted that the Collegium of the Gauhati High Court had unanimously recommended on April 1 the names of these two judges for appointment as permanent judges. "The chief ministers of the States of Assam, Mizoram and Arunachal Pradesh and the ..

Indian courts have come to be reimagined as democratic spaces, says CJI

CJI Chandrachud also pointed crucial areas in which digitisation and technology can help us create better justice delivery mechanisms

Harvey Weinstein appears in court after New York rape conviction overturned

Harvey Weinstein arrived at a Manhattan courthouse Wednesday, his first appearance since his 2020 rape conviction was overturned by an appeals court last week. Weinstein, wearing a navy blue suit, was seated in a wheelchair pushed by a court officer as he entered the preliminary hearing in Manhattan that is expected to include discussion of evidence, scheduling and other matters, according to Weinstein's attorney, Arthur Aidala. Aidala said Weinstein was attending the hearing despite the 72-year-old having been hospitalized since shortly after his return to the city jail system Friday from an upstate prison. He has said Weinstein, who has cardiac issues and diabetes, was undergoing unspecified tests because of his health issues. Manhattan District Attorney Alvin Bragg's office has said it is determined to retry the case against Weinstein. Legal experts say that may be a long road and come down to whether the women he's accused of assaulting are willing to testify again. One of the .

As SC highlights climate change, lawyers draw attention towards attribution

Amid the likelihood of a rise in litigations following the Supreme Court's observation that climate change impacts the constitutional guarantee of the right to equality, scientists have urged for fixing inadequacies in data and modelling for attribution in such lawsuits. Attribution science determines the likelihood of an extreme weather event due to climate change. Environment lawyers and field experts agree that being evidence-based, attribution science will be crucial to climate litigation and play a key role in limiting baseless lawsuits. "Attribution data has been important in litigation as it is scientific and evidentiary in nature. It definitely will help support a case," said Prachi Pratap, a Supreme Court advocate. The Supreme Court on April 18 said that by impacting clean environment and health, climate change impacts the constitutional guarantee of the right to equality. "Without a clean environment which is stable and unimpacted by the vagaries of climate change, the r

Lawyers commenting on pending cases, judgments disturbing trend: CJI

The judiciary has broad shoulders and can take praise as well as criticism in its stride, but the recent tendency of lawyers to comment on pending cases or judgments is very disturbing, Chief Justice of India D Y Chandrachud has said. Office-bearers and members of the bar should not forget while reacting to judicial decisions that they are officers of the court and not laypersons, he said. The CJI was speaking at the centenary year celebration of the High Court Bar Association of Nagpur on Friday. The judiciary has time and again risen to the occasion to assert its independence and non-partisanship, Justice Chandrachud said. "We must not forget, however, that there is a close link between the independence of the judiciary and independence of the bar," he said. The bar as an institution is essential to preserve judicial independence, constitutional values and dignity of the court, the CJI added. In a vibrant and argumentative democracy like India, most individuals have political .

Three criminal laws crucial step towards modernising justice system: CJI

The CJI said that the new laws encompass "substantive crime, procedure and evidence" and keeping a digital record of every stage of criminal investigation ensures a seamless flow of information

Lawyers write to CJI against groups trying to 'pressure' judiciary

A group of lawyers, including senior advocate Harish Salve and Bar Council of India chairperson Manan Kumar Mishra, have written to the Chief Justice of India, alleging that a "vested interest group" is trying to pressure the judiciary and defame courts "on the basis of frivolous logic and stale political agendas". "Their pressure tactics are most obvious in political cases, particularly those involving political figures accused of corruption. These tactics are damaging to our courts and threaten our democratic fabric," their letter, dated March 26, addressed to CJI D Y Chandrachud said. The letter, shared by official sources, targeted a section of lawyers without naming them and alleged that they defend politicians by the day and then try to influence judges through the media at night. This interest group creates false narratives of a supposed better past and golden period of courts, contrasting it with the happenings in the present, the letter said, claiming that their comments ar

Preventive detention based on capricious exercise of powers must stop: SC

Observing that preventive detention is a draconian measure and any such move based on a capricious or routine exercise of powers must be nipped in the bud, the Supreme Court has set aside a Telangana High Court order rejecting a detenu's appeal. A bench headed by Chief Justice of India D Y Chandrachud on Thursday said the essential concept of preventive detention is that the detention of a person is not to punish him for something he has done but to prevent him from doing it. "Inability on the part of the state's police machinery to tackle the law-and-order situation should not be an excuse to invoke the jurisdiction of preventive detention," the bench also comprising Justice J B Pardiwala and Justice Manoj Misra said. "Preventive detention being a draconian measure, any order of detention as a result of a capricious or routine exercise of powers must be nipped in the bud. It must be struck down at the first available threshold," the top court said. The appellant was arrested under

SEC abused its authority in case against crypto platform, says US judge

An SEC spokesperson said the regulator is reviewing the decision

SC recommends names of 6 lawyers for appointment as judges of Kerala HC

The Supreme Court Collegium headed by Chief Justice D Y Chandrachud on Tuesday recommended to the Centre the names of six advocates for appointment as judges of the Kerala High Court. The Collegium, also comprising Justices Sanjiv Khanna and B R Gavai, also recommended that judicial officer Mohammad Yousuf Wani be appointed as an additional judge of the High Court of Jammu & Kashmir and Ladakh. "In view of the above, the Collegium resolves to recommend that Abdul Hakhim Mullappally Abdul Aziz, Syam Kumar Vadakke Mudavakkat, Harisankar Vijayan Menon, Manu Sreedharan Nair, Easwaran Subramani and Manoj Pulamby Madhavan, advocates, be appointed as judges of the High Court of Kerala. Their inter se seniority be fixed as per the existing practice," said one of the Collegium resolutions uploaded on the apex court website. Regarding one of the recommended names, it said, "The report of the government notes that nothing adverse has come to notice regarding the integrity of the candidate. ..

Abhijit Gangopadhyay likely to join BJP, resigns as judge of Calcutta HC

Justice Abhijit Gangopadhyay resigned as a judge of Calcutta High Court on Tuesday, sources said. Justice Gangopadhyay sent his resignation letter to President Droupadi Murmu with copies to CJI DY Chandrachud and the Chief Justice of the Calcutta HC TS Sivagnanam, they said. He came to his chamber at the high court in the morning, following which the resignation letter was sent. He is scheduled to address the press in the afternoon, where he is likely to divulge his future plans, amid speculations that he will join politics. Justice Gangopadhyay had on Sunday announced that he will resign on March 5.

If judges can go to National Judicial Academy, why not lawyers: SC

If judges can go to the National Judicial Academy for training, why not lawyers, the Supreme Court said on Friday while asserting that all advocates should undergo compulsory training and they should not be allowed to practise unless they have a certificate from a recognised law university. The remark was made by a bench of Justices Bela M Trivedi and Pankaj Mithal while hearing the bail plea of Souvik Bhattacharya, son of Trinamool Congress (TMC) MLA Manik Bhattacharya, arrested in connection with the West Bengal teachers' recruitment "scam". Appearing in the court on behalf of Bhattacharya, senior advocate Sidharth Luthra submitted that a bail application was filed by one of the lawyers in the trial court despite the absence of a summoning order. "Why don't you have a law academy for lawyers? We have for judges. No action is being taken against erring lawyers by the Bar Council. They should be educated properly. Do something. There must be compulsory training for every lawyer, ...

Centre notifies elevations of several judges of HCs as permanent judges

The Centre government, through the Ministry of Law and Justice has elevated several judges of Calcutta High Court, Kerala High Court, Jharkhand High Court and Punjab & Haryana High Court from additional judges to permanent judges.On January 30, the government issued separate notifications for each judge.According to the notifications, Justice Pradeep Kumar Srivastava, Additional Judge of the High Court of Jharkhand, will be appointed a Judge of that High Court.Justice Shoba Annamma Eapen, Additional Judge of the Kerala High Court appointed to be a Judge of that High CourtJustice Lapita Banerji, Additional Judge of the Punjab and Haryana High Court appointed as a Judge of the Punjab and Haryana High Court against a vacancy of permanent Judge of the Calcutta High Court, with effect from the date she assumes charge of her office, as stated in the notification.Justice Shampa Dutt (Paul) and Justice Raja Basu Chowdhury, Justice Ananya Bandyopadhyay and Justice Rai Chattopadhyay, ...

Hand over keys of basement in Gyanvapi complex to Varanasi DM: Court

A district court has ordered that the keys of the basement located in the Gyanvapi complex here, known as "Vyas ji ka tehkhana", be handed over to the district magistrate. District Judge AK Vishwesh said in his order on Wednesday that there is a need for taking proper care of the basement of Vyas ji located at the southern end of the complex, Hindu side's counsel Madan Mohan Yadav said. "Therefore, district magistrate of Varanasi is appointed receiver of Vyas ji's basement," the court said. Yadav had earlier said that authorities had barricaded and locked the basement in 1993. Prior to it, the basement was used for worship by Somnath Vyas, a priest, Yadav had claimed in his plea.

Judicial officer's pay: SC directs HC committees to oversee implementation

Observing that there is a need to maintain uniformity in service conditions of judicial officers across the country, the Supreme Court has directed the constitution of a two-judge committee in each high court for overseeing the implementation of the orders on pay, pension and other retirement benefits for judicial officers as per the Second National Judicial Pay Commission. A bench headed by Chief Justice of India (CJI) DY Chandrachud said Judicial independence, which is necessary to preserve the faith and confidence of common citizens in the rule of law, can be ensured and enhanced only so long as judges are able to lead their life with a sense of financial dignity. "The conditions of service while a judge is in service must ensure a dignified existence. The post-retirement conditions of service have a crucial bearing on the dignity and independence of the office of a judge and how it is perceived by society. If the service of the judiciary is to be a viable career option so as to .

Prez bats for all-India judicial service to nurture talents in judiciary

President Droupadi Murmu on Sunday suggested the creation of an all-India judicial service which can select brilliant youngsters and nurture their talents from lower levels to higher levels in judiciary. Addressing the Constitution Day celebrations organised by the Supreme Court of India here, she said that the place of the judiciary in the constitutional framework remains "rather unique" and a "more varied representation of India's unique diversity on bench and bar definitely helps serve the cause of justice better". Murmu said one way to hasten this diversification process can be the creation of a system in which judges can be recruited from varied backgrounds through a process which is merit based, competitive and transparent. "There can be an all-India judicial service which can select brilliant youngsters and nurture and promote their talents from lower levels to higher levels," she said. Those who aspire to serve the bench can be selected from across the country to create a .

HC rejects PIL to connect coaching centres with schools, colleges

The Delhi High Court on Wednesday rejected a public interest litigation to connect coaching centres with schools and colleges, terming it as "misconceived". A bench headed by Chief Justice Satish Chandra Sharma said a court cannot direct the government to frame a policy in this regard. This court cannot direct the state government to frame a policy to connect coaching centres with schools and colleges and to partner with them. This court does not find reason to grant the relief prayed in PIL; rather it is a misconceived PIL.The PIL is accordingly dismissed, said the bench, also comprising Justice Sanjeev Narula. The court also observed "coaching is optional and it is not mandatory for each and every student to attend a coaching centre". Delhi government standing counsel Santosh Kumar Tripathi said connecting coaching centres with schools and colleges, as prayed by the petitioner, would create a new exploitative regime. Opposing the petition which also sought publishing of data and

SC seeks AG's help to fix time limit for govt regarding collegium proposals

The Supreme Court has sought the assistance of Attorney General R Venkataramani in deciding a plea seeking a direction that a time limit be fixed for the Centre to notify the appointment of judges recommended by the apex court collegium. The plea came up for hearing on Friday before a bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra. "A copy of the petition be served on the office of the Attorney General for India. We request the Attorney General to assist the court," the bench said and posted the matter for hearing on September 8. The apex court was hearing a plea filed by advocate Harsh Vibhore Singhal. "The instant writ petition does not in any way challenge the Supreme Court Collegium (SCC) system for the appointment of judges. Rather, it seeks to further cohere and strengthen the SCC for greater judicial independence," it said. It has sought a direction to plug the 'zone of twilight' of there being no time for notifying the collegium's