The Supreme Court has asked the Bombay High Court and the Maharashtra government to evolve a mechanism to ensure that accused are produced before trial judges either physically or virtually on every date so that the trial is not prolonged. The apex court, while dealing with an appeal challenging the Bombay High Court order denying bail to an accused, said a "sorry state of affairs" was being depicted as the trial proceedings in the case was being prolonged due to non-production of appellant before the trial judge either physically or virtually. A bench of Justices B R Gavai and K V Viswanathan was informed that this was not a solitary case but in many cases, such a difficulty arises. "We, therefore, direct the registrar general of the high court of judicature at Bombay, secretary, Home, state of Maharashtra and secretary, Law and Justice, state of Maharashtra to sit together and evolve a mechanism to ensure that the accused are produced before the trial judge either physically or ..
He has judgments such as the Ayodhya land dispute, the abrogation of Article 370 and the decriminalisation of consensual gay sex that shaped society and politics to his name. India's 50th chief justice D Y Chandrachud, known also for his many pithy statements, leaves an imprint all his own on the annals of legal history. Friday was the last day in court for Chandrachud, or DYC as he is often referred to, capping a long career as lawyer, Supreme Court judge and head of the country's judiciary. The ever articulate Chandrachud, who actually demits office on Sunday, penned more than 500 judgments, some panned and many praised. The Chandrachud legacy has a physical manifestation too - a reimagined Lady Justice'. The earlier Goddess of Justice' in Grecian robes with blindfold and sword has been replaced by a six-ft tall sculpture with scales in one hand and the Constitution in another. She is in a sari, with a crown and sans blindfold. While that created a stir so did the decision on his
President Droupadi Murmu Tuesday said equal justice and getting rid of redundant colonial practices should be the guiding principles for the country's judiciary. Addressing an event here, Murmu said she shares the views of those who admire the contribution of the "court as the conscience-keeper of Independent India", adding the apex court has developed a jurisprudence that is rooted in Indian ethos and realities. She said the members of the Constituent Assembly would have thought about the events of the decades behind them just as "we are looking back at the last 75 years of our judicial history". "The experience of suffering imperial arrogance, like those caused by the bitter opposition to the Ilbert Bill and the passage of the Rowlatt Act, would have hurt their sensibility," the President said. They conceived the judiciary of Independent India as an arm of the social revolution which would uphold the ideal of equality, she said. "Equal justice and getting rid of the now-redundan
The two Chief Justices presided over the signing of four Memoranda of Understanding (MoUs), aimed at enhancing judicial and legal cooperation between India and Bhutan
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PM will be unveiling the stamp and the coin commemorating 75 years of the establishment of the Supreme Court of India
The courts in the country have bolstered India's reputation as a favourable destination for arbitration by upholding the sanctity of arbitral awards, Supreme Court judge Justice Hima Kohli has said. She was speaking at a seminar -- 'Recent Developments in Arbitration to Promote Business' -- organised by law firms Gibson Dunn Secretariat and UNUM Law, along with the International Arbitration and Mediation Centre (IAMC) and General Counsels' Association of India on Friday. Justice Kohli said the growth of international trade made dispute resolution more complex and to address the challenges, Alternative Dispute Resolution (ADR), especially arbitration, had emerged as a powerful tool for businesses. "In recent years, India has made significant strides in establishing itself as a reliable partner in arbitration and mediation services. India's transformation into a commercial arbitration hub has been driven by the judiciary's unstinting commitment to fast-tracking matters under the ...
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 ...
Over 200 proposals sent by various high court collegiums for high court judgeship are at various stages of processing, the Lok Sabha was told on Friday. In a written reply, Law Minister Arjun Ram Meghwal also cited an opinion of the Supreme Court Collegium that expression of views by a candidate does not disentitle him or her to hold a constitutional office so long as the person proposed for judgeship is a person of competence, merit and integrity. There have been instances in the past where the government had either held back or returned to the collegium for consideration names of persons who had expressed their views on various issues as advocates. Meghwal told the House that the government, as an important stakeholder in the process of appointment of Judges in the high courts and as laid down in the Memorandum of Procedure, provides inputs which mainly contain information on the suitability, competence and integrity of the candidates under consideration for appointment to high ..
The Bombay High Court has granted parole to a man to bid farewell to his son, who is going to Australia for further studies, holding that if parole can be granted to share grief, it can also be for a happy occasion. The court said conditional release for a brief time is allowed to convicts to let them be in touch with the outside world and to arrange for their family affairs as though behind bars, the convict continues to be someone's son, husband, father or brother. A division bench of Justices Bharati Dangre and Manjusha Deshpande in its order of July 9 said the provisions of parole and furlough have been time and again looked towards as a humanistic approach towards the convicts. The court was hearing a petition filed by one Vivek Shrivastav seeking parole to arrange the tuition fees and other expenses for his son's education at an Australian university and to also bid farewell to him. The prosecution opposed the plea claiming that parole is normally given in emergency situation
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 .
WikiLeaks founder Julian Assange is back in Australia as a free man, having resolved through a plea deal a U.S. Justice Department case charging him with obtaining and publishing government secrets on his secret-spilling website. It was a stunning resolution to a polarizing drama that landed at the intersection of press freedom and national security, spanned three presidential administrations and played out across multiple continents. Here are some things to know: The negotiations The plea deal was the culmination of a lengthy negotiation process that accelerated in recent months and featured numerous proposals and counterproposals. About a year and a half ago, a lawyer for Assange made a presentation to federal prosecutors in Virginia that included a bold request: that they drop the case. That was untenable to the Justice Department, but months later prosecutors asked whether Assange would be open to resolving the case through a guilty plea. The Assange team was open to explorin
The translation of new criminal laws into Tamil has already been taken up and it is likely to be completed soon, official sources have said. Requisite training has been provided to police personnel for implementation of the new criminal laws from July 1, 2024. All efforts have been taken to ensure that the police personnel do not have any difficulty in invoking appropriate sections for specific offences, sources said. Official sources told PTI that the work of translating all the three new criminal laws is going on and it is likely to be completed soon. Following completion, the Tamil version will be sent to the Union government for its approval and certification as an authentic translation of the laws in English. After certification, the government translated Tamil version will be available for sale in the state. Tamil versions of the three new laws, authored by individuals and some publishers, have started reaching the shelves of book sellers, sources added. The three new crimin
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
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
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
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 ..
CJI Chandrachud also pointed crucial areas in which digitisation and technology can help us create better justice delivery mechanisms
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 .
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