Page 26 - Law

Judges must not use protocol facilities in way that leads to criticism: CJI

Protocol facilities made available to judges should not be used in a manner which causes inconvenience to others or brings public criticism to the judiciary, Chief Justice D Y Chandrachud has said in a letter to the chief justices of all the high courts. The CJI in his letter expressed displeasure over a recent incident in which a judge of the Allahabad High Court sought explanation from railway authorities for "not meeting his requirements" during a train journey. "A Judge of the High Court does not possess disciplinary jurisdiction over railway personnel. Hence, there was no occasion for an officer of the High Court to call for an explanation from the railway personnel 'to be placed before His Lordship for kind perusal'. "Evidently, the officer of the High Court in the above communication was carrying out a direction of the Judge of the High Court in this instance ('the Hon'ble Judge has desired')," the CJI said in the letter dated July 19. In his letter, Chandrachud said ...

3-judge Bench to hear pleas relating to criminalisation of marital rape: SC

The Supreme Court on Wednesday said that a three-judge bench will hear a batch of petitions pertaining to criminalisation of marital rape after constitution benches conclude hearing some listed pleas. We have to resolve the matters concerning marital rape, a bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra said when senior advocate Indira Jaising mentioned the matter for hearing. My case deals with the child sexual abuse case, the senior lawyer said. The CJI said these matters are to be heard by a three-judge bench and these will be listed up for hearing after the five-judge constitution benches conclude hearing some of the listed cases. Presently, a five-judge Constitution bench headed by the CJI is hearing pleas relating to regimes on grant of driving license for different kind of vehicles under the Motor Vehicle Act. The petitions relating to abrogation of Article 370 of the Constitution, which had provided special status to erstwhile Ja

Thai court suspends PM candidate, to rule whether he broke election law

Thailand's Constitutional Court on Wednesday agreed to suspend Move Forward Party leader Pita Limjaroenrat, a candidate to become prime minister, from his duties as a member of Parliament pending its ruling on whether he violated election law. The court's announcement came on the verge of a likely second vote in Parliament whether to confirm Pita as prime minister. His party was the top finisher in May's general election and assembled an eight-party coalition that won 312 seats in the House of Representatives. However, the coalition failed to win enough support in an initial vote last week from the Senate, which votes together with the lower house to name the new prime minister. The court's announcement still would allow Pita's nomination and selection as prime minister, at least until a ruling. Thailand's state Election Commission had referred Pita's case to the court, saying there was evidence he had violated election law over his alleged undeclared ownership of media company ...

Delhi HC asks police to file report on steps to strengthen court security

The Delhi High Court on Monday asked the city police to submit a fresh status report on the issue of strengthening the safety and security of court complexes in the national capital. A bench of Chief Justice Satish Kumar Sharma and Justice Sanjeev Narula perused the status report submitted by the Deputy Commissioner of Police in which several recommendations and steps were suggested based on a meeting of all the stakeholders, for increasing the security in court complexes. The bench said the fresh status report must be based upon the recommendations and the steps suggested and implemented as per the joint meeting conducted by all the stakeholders on May 6. The court listed the matter for further hearing on October 9. The high court was hearing a batch of petitions seeking to increase safety and security measures in trial courts.

Laws on preventive detention are harsh, procedure needs to be adhered: SC

Laws on preventive detention are necessarily harsh, curtail the personal liberty of an individual who is kept behind bars without trial and so the procedure prescribed should be strictly adhered to, the Supreme Court has said while ordering the release of a man whose detention was extended twice without the authorities considering his representation. A bench of Justices Aniruddha Bose and Sudhanshu Dhulia set aside an order of the Jharkhand High Court upholding the detention of Prakash Chandra Yadav alias Mungeri Yadav, who was declared an 'anti-social element' under the Jharkhand Control of Crimes Act, 2002. The bench, in its order dated July 10, held the procedure of law was not followed, and ordered Yadav's release from Rajmahal prison in Jharkhand's Sahibganj district. "All laws on preventive detention are necessarily harsh. They curtail personal liberty of an individual, who is kept behind bars without any trial. In such cases, procedure is all a detenue has. Laws of preventiv

SC extends interim bail of Ashish Mishra in Lakhimpur Kheri violence case

The Supreme Court on Tuesday extended till September 26 the interim bail of Union minister Ajay Kumar Mishra's son Ashish, facing prosecution in the 2021 Lakhimpur Kheri violence case. A bench of Justices Surya Kant and Dipankar Datta noted that trial was going on in the case and adjourned the matter. The top court on April 24 had said that it may not be possible to direct the trial court to conduct day-to-day hearings in the case as it may affect other cases pending there. While hearing the matter on March 14, the apex court had said the trial in the case was not "slow paced" and directed the sessions judge concerned to keep apprising it about the future developments of the trial. The top court had observed though it is not monitoring the trial, it is having an "indirect supervision" on it. It had said the interim direction contained in its January 25 order, by which it had granted eight-week interim bail to Ashish Mishra in the case, shall continue to operate. The court had als

7/11 train blasts: HC yet to commence hearing on death penalty confirmation

Seventeen years since a string of powerful bombs ripped through Mumbai's commuter trains system in the evening rush hour on July 11, the Bombay High Court is yet to commence hearing on the confirmation of the death penalty given to five convicts in the case. On July 11, 2006, seven blasts were reported from different locations on the Western line of the city's local trains within a span of 15 minutes, killing more than 180 people and injuring several others. The first bomb went off shortly after 6:20 pm in a train plying from Churchgate to Borivali. The bomb exploded when the train was between the Khar and Santacruz stations. Another bomb exploded at around the same time in a local train between Bandra and Khar. Subsequently, five more explosions were reported from Jogeshwari, Mahim, Mira Road-Bhayandar, Matunga-Mahim and Borivali. Between 2006 and 2008, the Anti Terrorism Squad (ATS) of Maharashtra arrested 13 alleged members of the Indian Mujahideen terror outfit in connection wi

2020 Delhi riots: Court acquits 6 accused of arson, loot, rioting

A court here has acquitted six people accused of rioting, arson and looting on two properties during the 2020 northeast Delhi riots. Additional Sessions Judge Pulastya Pramachala passed the order while hearing a case against Sahil, Dinesh, Tinku, Sandeep, Vikas Kashyap and Sonu, who were accused of being a part of a riotous mob that committed trespass and thefts in a shop in Bhagirathi Vihar during the riots on the intervening night of 24th and 25th February 2020. They were also accused of being members of an unlawful assembly that committed arson, trespass and theft in a nearby house around 9 pm on February 24. "I find that charges levelled against the accused persons, in this case, are not proved beyond a reasonable doubt. Hence, all the accused persons are acquitted of all the charges levelled against them in this case," the court said on Thursday. It noted that a constable and an assistant sub-inspector were the two prosecution witnesses who claimed to have seen the incidents.

Fake news rules: Can statute have unbound discretionary authority, asks HC

Is it permissible in law for a statute to have unbound and limitless discretionary authority, the Bombay High Court asked on Friday while hearing a bunch of petitions against the recently amended Information Technology (IT) Rules against fake news. A division bench of Justices Gautam Patel and Neela Gokhale said before it goes into the effect the Rules would have on the fundamental rights of citizens, it needs to know the boundaries and limits of the words - fake, false and misleading - used in the Rules. The court was hearing a bunch of petitions challenging the IT Rules that empower the Centre to identify fake, false and misleading information posted on social media against the government and its business. Stand-up comedian Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines filed petitions in the high court against the rules terming them as arbitrary, unconstitutional and saying that they would have a "chilling effect" on the fundamental rights of ...

SC Collegium recommends 7 judges as chief justices for various high courts

The Collegium recommended the names for the High Courts of Bombay, Gujarat, Telangana, Andhra Pradesh, Manipur, Orissa and Kerala

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Bar Council suspends lawyer's license in Tis Hazari firing incident

BCD after taking the suo moto cognizance on Wednesday suspended the license of an advocate who was seen firing gunshots in the air at Tis Hazari court premises in the national capital

Digital Competition Law Committee finalising report as last date nears

Panel may get third extension if report not ready in next two days

SC comes out with new procedure for urgent listing of cases before benches

The Supreme Court has come out with a fresh notification on the procedure to be adopted by Chief Justice of India (CJI) D Y Chandrachud for mentioning of cases for their urgent listing and hearing from July 3. The top court is set to reopen on July 3 after the summer vacation. Miscellaneous fresh matters which are verified on Saturday, Monday and Tuesday shall be automatically listed on the following Monday, the top court said in its circular issued on June 28 by the Registrars of judicial administration. The circular also said that the lawyers seeking listing of verified fresh matters prior to such allotted dates will now be needed to submit their mentioning pro formas by 3 PM, to get their cases heard the next day. For those seeking listing on the same day, the pro formas have to be submitted by 10:30 AM to the mentioning officer along with a letter of urgency, it said. The CJI will then take a call on the same during lunch hours or 'as the exigency may warrant', it said. For .

Bombay HC fumes over last-minute stay application on LOCs to travel abroad

The Bombay High Court has expressed displeasure over last-minute applications filed seeking temporary stay on Look Out Circulars (LOCs) to travel abroad, and observed that such practice was not acceptable. A division bench of Justices Gautam Patel and Neela Gokhale in its order of June 23 said applications are filed after the applicants finalise their itineraries even before permission is sought from court. This is not a question of whether there is a right that is violated. In all these applications, it seems that the courts are more or less being taken for granted, that permissions will follow and that matters and, more importantly, that applications will be taken up on a priority basis and even out of turn to permit the applicants to keep to their itineraries, the court said. This is not acceptable, the bench said, noting that persons seeking stay on LOCs are required to approach the court in good time and not attempt to pressurise the courts. The court said when last minute ...

NIA arrests fourth accused in CPI (Maoist) revival case in Bihar's Magadh

The NIA has arrested one person in the CPI (Maoist) terror funding case in connection with efforts being made to revive the banned outfit in the Magadh zone of Bihar, an agency official said on Monday. The arrested accused, Anandi Paswan (46), has more than five criminal cases registered against him at various police stations of Bihar, a spokesperson for the National Investigation Agency (NIA) said. The NIA said raids conducted on the premises of Paswan, a resident of Nirakhpur village in the Kinjar area of Arwal district, led to the seizure of illegal arms and ammunition on February 12 last year. Paswan is the fourth person to be arrested in the case, registered in 2021, related to the terror financing network being jointly operated by CPI (Maoist) cadres and overground workers (OGWs) in the Magadh region. The NIA had earlier nabbed Tarun Kumar, Pradyuman Sharma and Abhinav alias Gaurav. The agency chargesheeted two accused in the case on January 20. "NIA investigations so far ha

Some people taking law in their own hands, won't be spared: VP Dhankhar

Vice President Jagdeep Dhankhar on Friday took a dim view of "some people" taking to the streets and indulging in violence and arson when found on the wrong side of the law. Speaking at an event at the Malaviya National Institute of Technology here, Dhankhar, however, did not mention any particular incident or name any state where violence was reported in recent times. "We cannot claim to be a society governed by law if someone is above the law, if someone has immunity from law, be it anyone, he said. Some people, if they get a legal notice, take to the streets. "No one is above the law and the law will not spare anyone. This is understood by all," he said, adding that "they" are now fighting the last battle. Without elaborating he asked why no action is taken when public property and police vehicles are burnt, and this is caught on video. "How can we allow such a scenario to develop? Dhankhar said youngsters will have to make a difference in society by building narratives and ..

Law applies to everyone, regardless of their background: VP Dhankhar

Vice President Jagdeep Dhankhar expressed concern on Thursday over orchestrated efforts by certain forces that aim to spread false narratives that are detrimental to the country. While acknowledging that the number of such individuals is small, he emphasised the need to remain vigilant. Dhankhar raised concerns about those who protest against being summoned by law-enforcement agencies, emphasising that no one is exempt from the law. He said a clear message has been given in the last few years that the law applies to everyone, regardless of their status or background. "I can tell you that these (protests on streets in response to legal issues) changes are taking place in the last few years. No one is above the law. The long arm of law will reach you. Some people in the country have taken to themselves that 'we are above law'. "If 'X' is summoned by a regulatory agency, how can you take to the streets ...," Dhankhar said at the convocation of the Jammu University here. Asserting tha

Will not give assent to University Laws Amendment Bill: Kerala Governor

Speaking to the reporters, he said that the purpose of appointing the governor as chancellor in Universities of all the states was to avoid a university-to-executive interface

Govt sets up panel to recommend arbitration law reforms bed by Vishwanathan

Amid a push for making India a hub for international arbitration, the government has set up an expert panel led by former law secretary T K Vishwanathan to recommend reforms in the Arbitration and Conciliation Act with an aim to reduce the burden on courts. Attorney General N Venkataramani is also part of the expert committee set up by the Department of Legal Affairs in the Union law ministry. Law ministry additional secretary Rajiv Mani, some senior advocates, representatives of private law firms, and officials of the Legislative Department, Niti Aayog, National Highways Authority of India (NHAI), railways and Central Public Works Department (CPWD) are its other members. According to the terms of reference for the committee, it will evaluate and analyse the operation of the present arbitration ecosystem of the country, including the working of the Arbitration Act, highlighting its strengths and weaknesses and challenges vis-a-vis other important foreign jurisdictions. The panel ha