Page 2 - Judicial Infrastructure

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

Barriers to accessing justice biggest challenge before judiciary: CJI

Chief Justice of India (CJI) D Y Chandrachud on Tuesday said the greatest challenge before the Indian judiciary is to eliminate the barriers to accessing justice and make sure that judiciary is inclusive and accessible to the last person in the line. He also said that there is a need to overhaul the infrastructure on a priority basis to make courts accessible and inclusive. Speaking at the Independence Day celebrations organised by the Supreme Court Bar Association (SCBA) at the apex court lawns, the CJI said the aim is to create a judicial system which is more accessible and cost-effective for the people and that full potential of technology has to be tapped to overcome the procedural barriers to justice. While referring to Prime Minister Narendra Modi's speech at the Red Fort, Justice Chandrachud said the PM mentioned about the apex court's efforts to translate judgements in Indian languages. The CJI said up to now, 9,423 judgements of the top court have been translated in region

US court reprimands judge for conduct during Parkland school shooting trial

The Florida Supreme Court publicly reprimanded the judge who oversaw the penalty trial of Parkland school shooter Nikolas Cruz on Monday for showing bias toward the prosecution. The unanimous decision followed a June recommendation from the Judicial Qualifications Commission. That panel had found that Circuit Judge Elizabeth Scherer violated several rules governing judicial conduct during last year's trial in her actions toward Cruz's public defenders. The six-month trial ended with Cruz receiving a receiving a life sentence for the 2018 murder of 14 students and three staff members at Marjory Stoneman Douglas High School after the jury could not unanimously agree that he deserved a death sentence. The 15-member commission found that Scherer unduly chastised lead public defender Melisa McNeill and her team, wrongly accused one Cruz attorney of threatening her child, and improperly embraced members of the prosecution in the courtroom after the trial's conclusion. The commission, ...

Israel takes major step in Netanyahu's plan to overhaul judicial system

Israel's parliament on Monday approved the first major law in Prime Minister Benjamin Netanyahu's contentious plan to overhaul the country's justice system, triggering a new burst of mass protests and drawing accusations that he was pushing the country toward authoritarian rule. The vote, passed unanimously by Netanyahu's ruling coalition after the opposition stormed out of the hall, deepened the fissures that have tested the delicate social ties that bind the country, rattled the cohesion of its powerful military and repeatedly drew concern from Israel's closest ally, the United States. It came just hours following Netanyahu's release from a hospital. As Netanyahu's allies celebrated their victory and vowed to press ahead with more changes, thousands of protesters took to the streets of Jerusalem and Tel Aviv and opponents said they would challenge the new law in the Supreme Court. It's a sad day, opposition leader Yair Lapid said after the vote. This is not a victory for the ...

SC gets an update: Wifi, virtual meetings, LED screens in courtrooms

This system enables unhindered remote participation, increasing the accessibility and connectivity of courtrooms manifold

Verdict is out: High Court appointments at 9-year high, shows data

At the SC, against a sanctioned strength of 34, 27 judges, including the Chief Justice of India, are working

Govt doing everything possible to strengthen judicial system: Kiren Rijiju

Law Minister Kiren Rijiju on Saturday said the government is doing everything possible to strengthen the judicial system and have a "very close, cordial relationship" with the judiciary. The remarks come close on the heels of the minister attacking the collegium system of appointment of judges and describing it as something alien to the Constitution. Addressing the Constitution Day event at the Supreme Court in the presence of Prime Minister Narendra Modi and Chief Justice of India (CJI) D Y Chandrachud, Rijiju said, "We work as a team from the government's side under the visionary leadership of the prime minister." "We are doing everything possible to strengthen the Indian judicial system and also to have a very close, cordial relationship with the Indian judiciary," he said. Rijiju said he is fortunate to have shared a very cordial relationship with the previous two CJIs N V Ramana and U U Lalit, and incumbent Chandrachud as well as the judges of the Supreme Court and high ...