Page 3 - Indian Judiciary

Why is the number of pending cases rising in Indian courts? Details here

As Supreme Court case backlog jumps 35 per cent in five years, Law Minister Arjun Ram Meghwal cited lack of infrastructure and coordination as key reasons for the mounting delays

Shortage of 18 judges in ten courts across Goa: Minister tells Assembly

Goa Law Minister Aleixo Sequeira has told the legislative assembly that there is a shortage of 18 judges in 10 different courts, including district courts, across the state. In a written reply tabled in the House on Friday, the minister shared the details about the vacancies in the courts. As per the data, there is a shortage of as many as four judges in the civil and criminal courts in South Goa's Margao, while there is a shortage of three judges at the district and sessions court in this town. There is a shortage of two judges each at the district and sessions court in North Goa's Panaji, civil and criminal court there and civil and criminal court in Mapusa. It shows that there is a shortage of one judge each in the civil and criminal courts in Ponda (South Goa), Bicholim (North Goa), Gram Nyayalaya, Sattari at Valpoi (North Goa), Vasco (South Goa) and Gram Nyayalaya, Sanguem (South Goa). The strength of additional judges has been calculated for the state based on the 'Unit ...

'No work-no pay' not for employees reinstated after full exoneration: HC

The Allahabad High Court has held that the 'no work-no pay' formula is not applicable on those Uttar Pradesh government employees who have been reinstated after full exoneration. Allowing a writ petition filed by one Dinesh Prasad, Justice Salil Kumar Rai held that the rule 54 of the Financial Hand Book Volume-II (Part II to IV) provides that a dismissed employee who has been fully exonerated from all charges in enquiry is entitled to full pay for the period of dismissal once he is reinstated. It further provides that such period of dismissal shall be treated as period on duty in service. "It is apparent that on his reinstatement after the order of dismissal or removal is set aside, a government servant cannot be denied his entire pay and allowances for the period he was out of service," the court said on Tuesday, allowing the petition. The court held that the quantum of amount which is payable to such employee will depend upon the nature of exoneration from the charges. It was he

SC to regain full strength as Centre notifies appointments of two judges

The Supreme Court will function with its sanctioned strength of 34, including the Chief Justice of India, after the swearing-in of Justice N Kotiswar Singh and Justice R Mahadevan

Pocso Act misused in cases involving romantic relations between teens: HC

Granting bail to a man who allegedly eloped with and married a minor girl, the Allahabad High Court has expressed concern over the POCSO Act being "misused" in cases involving consensual romantic relationships between teenagers. Justice Krishan Pahal said the challenge lies in distinguishing between genuine cases of exploitation and those involving consensual relationships. "While the POCSO Act's primary objective is to protect children under the age of majority (18) from sexual exploitation, there are cases where it has been misused, particularly in consensual romantic relationships between teenage persons " the court said in its order dated July 3. "The challenge lies in distinguishing between genuine cases of exploitation and those involving consensual relationships. This requires a nuanced approach and careful judicial consideration to ensure justice is served appropriately," it said. Granting bail to the accused, Satish alias Chand, Justice Pahal said, "Admittedly, the age of

Judiciary must be absolutely pure, free of political bias, says CM Mamata

West Bengal Chief Minister Mamata Banerjee on Saturday called for a judiciary free of any political bias, maintaining that it should be absolutely pure and honest. Banerjee also said the judiciary is the big pillar of India's foundation to save democracy, the Constitution and people's interests. "Please see to it that (there is) no political bias in the judiciary. The judiciary must be absolutely pure, honest and sacred. Let people worship it," the CM said at the inauguration of the East Zone II regional conference of the National Judicial Academy here. Chief Justice of India D Y Chandrachud and Chief Justice of Calcutta High Court T S Sivagnanam were among those present at the programme. The judiciary is an important temple for people and the supreme authority for delivering justice, Banerjee said. It is like a mandir, masjid, gurudwara and girja (church). The judiciary is of the people, by the people and for the people... and the last frontier for getting justice and upholding .

'Constitutional Morality' essential to India's diversity: CJI Chandrachud

Espousing the importance of implementing Constitutional Morality' in Indian jurisprudence, Chief Justice of India D Y Chandrachud on Saturday insisted on the commitment of courts to ensure diversity, inclusion and tolerance. Speaking at the inaugural session of the two-day East Zone II Regional Conference of the National Judicial Academy, the CJI also focused on the importance of technological advancements in the justice delivery system. CJI Chandrachud elaborated on the notion of Constitutional Morality' as a restraining factor on the state that should derive from the Preambluar values of the Constitution. Underlining the country's federal structure that's marked by a great deal of diversity, the CJI focused on the role of judges in preserving the diversity of India. I am reticent when people call courts a temple of justice. Because that would mean the judges are deities which they are not. They are instead servers of the people, who deliver justice with compassion and empathy, CJ

Never faced any political pressure from govt in 24 years as judge: CJI

Allaying apprehension of any interference of the legislature, Chief Justice D Y Chandrachud has said he never faced any political pressure from any government in his 24-year stint as a judge. Responding to a question during a session organised by the Oxford Union, he said judges in India are trained to decide disputes in a manner that allows for courts to decide on the basis of settled traditions based on constitutional scheme as opposed to the passions of the moment. "Political pressure, in the sense if you ask me in the sense of pressure from the government, I would tell you that in the 24 years that I have been a judge, I have never faced a sense of political pressure from the powers that be. Some of the democratic traditions that we follow in India include that we lead lives which are isolated from the political arm of the government. "If you mean 'political pressure' in a broader sense of a judge realising the impact of a decision which may have political ramifications, ...

B'luru court sends rape-accused Prajwal Revanna to 14-day judicial custody

A court here on Monday sent former JD(S) MP Prajwal Revanna, who is facing charges of rape and sexual abuse against several women, to 14 days judicial custody. He was produced before the 42nd Additional Chief Metropolitan Magistrate (ACMM) court as his Special Investigation Team (SIT) custody ended today. The court on May 31 remanded him to SIT custody till June 6, and later extended it till June 10. While in their custody, the SIT conducted a detailed investigation, including gathering evidence and interviewing witnesses, and questioned Revanna extensively about the allegations. The court, taking into consideration the gravity of the allegations and the evidence presented by the SIT, decided to remand him to judicial custody for 14 days, till June 24. The 33-year-old grandson of JD(S) patriarch and former PM H D Deve Gowda had failed in his bid to retain the Hassan parliamentary constituency in the recent polls. SIT officials arrested Revanna soon after he landed at Bengaluru's

Justice Arvind Singh Chandel takes oath as Patna HC judge at Raj Bhavan

Justice Arvind Singh Chandel on Saturday took oath as a judge of the Patna High Court. Bihar Governor Rajendra Vishwanath Arlekar administered the oath of office to Justice Chandel in a ceremony held at Raj Bhavan here. Several dignitaries were present in the swearing-in ceremony. Justice Chandel was transferred to Patna High Court from Chhattisgarh High Court on May 29 through a notification issued by the Union Ministry of Law and Justice. Born in Bilaspur, Chhattisgarh on September 1, 1963, Justice Chandel got a BA degree from Pandit Ravi Shankar Shukla University, Raipur and an LLB degree from Guru Ghasidas University, Bilaspur. He joined as a civil judge class II at Civil Court at Shahdol in Madhya Pradesh on August 26, 1987, as per the website of the Chhattisgarh High Court. Thereafter, he served in the subordinate judiciary in various posts in various places in Madhya Pradesh and Chhattisgarh. He served as the presiding officer, State Transport Appellate Tribunal, Raipur an

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

No illegal religious places be permitted on govt land, says Kerala HC

The Kerala High Court has directed that no illegal religious places should be permitted on government land, irrespective of the religion. The High Court said that God is "omnipotent" and is everywhere, including in the bodies of believers, their homes and wherever they go. "Therefore, the believers need not encroach upon government land to construct religious structures. Let it be distributed to landless people and used for mankind. God will be more happy in such a situation and will shower blessings on all believers," Justice P V Kunhikrishnan said. The direction and observations by the court came on a plea by the Plantation Corporation of Kerala Ltd seeking directions to the state government, police and Pathanamthitta district authorities to identify the properties leased to it and evict all the encroachers from there. Allowing the Corporation's plea, the court directed the authorities to identify the properties leased to it and "evict all encroachers including illegal religious

Roadside trees not to be cut in favour of commerce: Kerala HC to govt

The Kerala High Court has directed the state government to ensure no trees on roadsides are felled merely because they obstruct commercial activities. The High Court said that trees can be cut and removed only if they are in damaged condition and as a result pose a danger to public safety. A decision regarding that should be taken by a committee constituted in accordance with a 2010 government order regulating the felling and disposal of trees growing on government lands, Justice P V Kunhikrishnan said. "Without such a decision, no trees on the roadside of the State shall be cut and removed by any authorities. The Chief Secretary of the State shall issue necessary orders to that effect. "...the State of Kerala should see that no request to cut and remove trees on the roadsides of the State can be permitted without sufficient reasons. Trees give cool shades, pure oxygen and shelter to birds and animals," the court said in its order of May 22. The court's ruling came while dismissin

If INDIA bloc comes to power, will free judiciary of 'pressure': Kejriwal

Delhi Chief Minister Arvind Kejriwal said on Wednesday that if the INDIA bloc comes to power, it will free the judiciary from "tremendous pressure" at present, and added that this will lead to his release from jail on June 5 as all cases against him are bogus. After being freed from Tihar jail on interim bail, Kejriwal had said in his election rallies that he will be free the day after the results of the Lok Sabha elections are announced on June 4 if the opposition INDIA bloc wins. In an interview to PTI Videos, Kejriwal was asked how he could make such a statement, which implies that the INDIA bloc will twist the court's arm to get him freed despite serious corruption charges against him. "Judiciary is under tremendous pressure currently. Everyone knows how much pressure they are working under now," Kejriwal said in his first interview to a media house after being freed on bail. Asked if he meant that a possible future government of the INDIA bloc will also put pressure on the cou

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 ..

Handover the land for Bombay High Court building by September, says SC

The Supreme Court on Friday asked the Maharashtra government to strive to handover by the end of September the first tranche of land for construction of a new Bombay High Court building. A bench headed by Chief Justice of India D Y Chandrachud asserted that the state authorities need not wait till the end of the year to handover the entire land and smaller areas can be given as they become available. "We direct the Maharashtra government to make all endeavour to hand over the first tranche of land of 9.64 acre by the end of September 2024. The government of Maharashtra need not wait till December to handover the entire 9.64 acre and smaller areas could be handed over. All endeavour be made for 9.64 acre to be handed over by September 30, 2024," the court said. The top court was hearing a case under its suo motu (on its own) jurisdiction, initiated after taking note of an April 29 letter petition of Bombay Bar Association president Nitin Thakker and other bar leaders with respect to

Battle over butter chicken's legacy heats up with new court evidence

Two Indian restaurant chains have been sparring since January at the Delhi High Court

Verdict of Constitution bench binding on benches of lesser strength: SC

A judgement of a Constitution bench would be "binding" on benches of lesser strength, the Supreme Court has said while recalling an April 2022 verdict delivered by it. In its order dated April 7, 2022, the apex court had held that a panchayat cannot claim ownership of the land which has been taken from the real owners from their permissible ceiling limits under the land law in Haryana. The apex court had consequently said panchayats can only manage and control the land which has been taken from the owners and cannot claim title. "It is pertinent to note here that for the land taken from the proprietors by applying pro-rata cut from the permissible ceiling limits of the proprietors, management and control alone vests with the panchayat but such vesting of management and control is irreversible and the land would not revert to the proprietors for redistribution as the common purposes for which land has been carved out not only include the present requirements but the future requiremen

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