Legopolis

AAP MLA Saurabh Bhardwaj moved Delhi High Court against the vandalisation outside official residence of Delhi CM Arvind Kejriwal on March 30. The PIL seeks the constitution of a Special Investigation Team to undertake an independent criminal investigation in the incident. The Petition has been filed by AAP MLA Saurabh Bhardwaj through Advocate Bharat Gupta. The Petitioner, a Member of the Legislative Assembly of  Delhi, has filed this Petition in light of the attack on, and  vandalization of, the official residence of Chief Minister of  Delhi (“Delhi CM”) on March 30, 2022 by Bharatiya Janta Party  (“BJP”) goons, which attack appears to have been carried  out with Delhi Police’s (Respondent No1) tacit complicity. This Petition seeks (a) constitution of a Special  Investigation Team (“SIT”) to undertake an independent,  fair and time bound criminal investigation with respect to the  attack and its perpetrators; and (b) appro...

The Supreme Court today has cancelled the All India Quota Mop-Up Round Counselling for NEET-PG 2021-2022 admissions due to the anomalies arising from the 146 seats that were added to the Mop Up Round which were not available to AIQ candidates in Rounds 1 and 2. The bench of Justices DY Chandrachud, Justice Surya Kant and Justice Bela M Trivedi directed holding a special round of counselling for the 146 seats, along with allowing students who have joined the All India or the State Quota in Round 2 to participate in this round as well. The concern authorities are instructed to invite options from students within 24 hours of issuing the fresh notification and complete the process within 72 hours after the cut-off time for giving options. The authorities are directed to hold a mop up round, and complete the process within 72 hours. The Court has also upheld the March 16 advisory which prevents students who have taken seats in State Quota after Round 2 from participating in the Mop-Up. ...

The Supreme Court today has cancelled the All India Quota Mop-Up Round Counselling for NEET-PG 2021-2022 admissions due to the anomalies arising from the 146 seats that were added to the Mop Up Round which were not available to AIQ candidates in Rounds 1 and 2. The bench of Justices DY Chandrachud, Justice Surya Kant and Justice Bela M Trivedi directed holding a special round of counselling for the 146 seats, along with allowing students who have joined the All India or the State Quota in Round 2 to participate in this round as well. The concern authorities are instructed to invite options from students within 24 hours of issuing the fresh notification and complete the process within 72 hours after the cut-off time for giving options. The authorities are directed to hold a mop up round, and complete the process within 72 hours. The Court has also upheld the March 16 advisory which prevents students who have taken seats in State Quota after Round 2 from participating in the Mop-Up....

The Supreme Court on Thursday upheld the Madras High Court order on not providing 10.5 percent reservation to the Vanniyar caste in Private Educational Institutions and appointments or posts in the services under the state within the Reservation for the Most Backward Classes and Denotified Communities Act, 2021. A Bench of Justices  L Nageswara Rao  and Justice BR Gavai  heard a plea filed by the State of Tamil Nadu challenging a judgement by the High Court of Madras, which struck down the law. It held, “We are of the opinion that there is no basis to treat Vanniyar as a separate group compared to others. Thus, the 2021 Act is ultra vires Articles 14 and 16 of the Constitution.” The Court further held, “State cannot be restricted to implement internal reservation on the issue of Presidential assent. Caste can be the basis of internal reservation, but it cannot be the sole basis.” The law under challenge, the Tamil Nadu Special Reservation of seats...

The Supreme Court on Thursday upheld the Madras High Court order on not providing 10.5 percent reservation to the Vanniyar caste in Private Educational Institutions and appointments or posts in the services under the state within the Reservation for the Most Backward Classes and Denotified Communities Act, 2021. A Bench of Justices  L Nageswara Rao  and Justice BR Gavai  heard a plea filed by the State of Tamil Nadu challenging a judgement by the High Court of Madras, which struck down the law. It held, “We are of the opinion that there is no basis to treat Vanniyar as a separate group compared to others. Thus, the 2021 Act is ultra vires Articles 14 and 16 of the Constitution.” The Court further held, “State cannot be restricted to implement internal reservation on the issue of Presidential assent. Caste can be the basis of internal reservation, but it cannot be the sole basis.” The law under challenge, the Tamil Nadu Special Reservation of seats...

The Chief Justice of India (CJI) Justice N V Ramana will today at 10am ,launch a software to transmit Court Orders swiftly, securely through electronic mode‘Fast and Secured Transmission of Electronic Records’ (FASTER) This system, will enable the undertrial prisoners (UTPs) and accused to get bail soon, as despite the Court’s granting of bail to accused and UTPs, the orders reach late, making their release late. In 2021, September, in a landmark judgement, the Supreme Court had ordered to implement its system to ensure reaching its orders, to the jails, accused and UTPs, to immediately to make them know and act upon it. The Judges of Supreme Court and Chief Justices and Judges of High Courts to join the online launch event at 10am today. The post CJI launches FASTER, a software for safe and secure transmission of court orders appeared first on India Legal . from Top News of the Day – India Legal https://ift.tt/a6DKW0y

The Chief Justice of India (CJI) Justice N V Ramana will today at 10am ,launch a software to transmit Court Orders swiftly, securely through electronic mode‘Fast and Secured Transmission of Electronic Records’ (FASTER) This system, will enable the undertrial prisoners (UTPs) and accused to get bail soon, as despite the Court’s granting of bail to accused and UTPs, the orders reach late, making their release late. In 2021, September, in a landmark judgement, the Supreme Court had ordered to implement its system to ensure reaching its orders, to the jails, accused and UTPs, to immediately to make them know and act upon it. The Judges of Supreme Court and Chief Justices and Judges of High Courts to join the online launch event at 10am today. The post CJI launches FASTER, a software for safe and secure transmission of court orders appeared first on India Legal . from India Legal https://ift.tt/a6DKW0y

The Supreme Court has granted bail to a man incarcerated for more than a year in a case related to the seizure of pseudoephedrine, a controlled substance under the NDPS Act.  It was alleged in the complaint by NCB that the controlled substance allegedly being exported to Australia secretly with the exercise equipment.  During the hearing, Advocate Rakesh Talukdar argued on behalf of the petitioner. He said the present matter pertains to the seizure of a controlled substance and not a narcotic. The entire case of the prosecution hinges upon the statements of the co-accused recorded under Section 67 of NDPS Act, which are not admissible for conviction as per law laid down by the Court in “Toofan Singh Vs State of Tamil Nadu,” he argued. He further argued that the allegation, against him was with regard to the alleged substance which was not even recovered from him. Thus, he prayed that petitioner be released on bail as he is languishing in jail for more than a year now....

The Allahabad High Court has granted anticipatory bail to Amazon Prime Video head Aparna Purohit against whom an FIR registered in Lucknow, for allegedly depicting Hindu gods in a bad light in the web series Tandav. A Single Bench of Justice Krishan Pahal passed this order while hearing a Criminal Misc anticipatory bail application under Section 438 CrPc filed by Aparna Purohit. The applicant is seeking anticipatory bail in connection with FIR/Case under Sections 153-A, 295, 505(1)(b), 505(2), 469 IPC & Sections 66, 66-F & 67 of Information Technology Act, 2008 (as amended), Police Station – Hazratganj, District- Lucknow. As per the prosecution story, the applicant, who is the Commercial Head of Amazon Prime Video, is said to have purchased the rights of web series “Taandav”. It has further been alleged that in the said web series, certain actors cast some scenes portraying ‘God’ in a very derogatory manner which hurts the sentiments of the public at large. It is the conte...

The Madhya High Court has dismissed a PIL, which alleged that the respondents were attempting to put up a statue in the premises in a public place. The case of the petitioner (Dattu Medhe) is that he represents the public by filing the petition. The respondents are attempting to put up a statue in the premises of the old Government Hospital, Shahpur, District Burhanpur vide communication dated 01.10.2021 issued by the Municipal Council , Shahpur. The place where it is sought to be put up is a public place and therefore, the same cannot be put up. At the same time, a statue of Chhatrapati Shivaji Maharaj already exists in the same location and therefore, a new statue cannot be put up, alleged the Petitioner. According to the Petitioner the Supreme Court in the order dated 18.01.2013 passed in SLP (Civil) No.8519 of 2006 (Union of India Vs. State of Gujarat & others) have ordered for restrictions in the manner in which the statues have to be put up and related matters. That the sam...

The Delhi High Court on Wednesday dismissed a plea challenging the Central Information Commission (CIC)’s order against non-disclosure of information pertaining to decisions taken by Supreme Court Collegium in a meeting held on December 12, 2018. The Court of Justice Yashwant Verma was seized of the plea filed by activist Anjali Bhardwaj. The backdrop of the case relates to an Right to Information (RTI) application filed in February 2019 by Bhardwaj seeking information on the Supreme Court collegium’s meeting held on December 12, 2018, wherein Justice Ranjan Gogoi, former Chief Justice of India, and four senior-most judges of the Supreme Court, i.e. Justices Madan B. Lokur, A.K. Sikri, S.A. Bobde and N.V. Ramana purportedly took certain decisions regarding the appointment of judges since the decisions were subsequently overturned and no details were uploaded on the Top Court’s website. However, the Supreme Court’s Central Public Information Office (CPIO) rejected the said applicat...

Chief Justice of India (CJI) N.V. Ramana on Wednesday announced that the Supreme Court will resume full physical hearing from April 4. “From Monday onwards, we are opening full physically. On Monday and Friday, we will provide the Advocates virtual hearing, if they ask,” said the CJI. At present, the Apex Court has complete virtual hearing on miscellaneous days (Monday and Friday). On other days, the hearings are in physical form, with the virtual option available to Advocates. The top court of the country had switched over to complete virtual mode in March 2020, with the onset of Covid-19 pandemic. In October last year, the Court had partially resumed physical hearings. As per the SOP dated October 7, 2021, the Apex Court had decided that all the matters listed on Wednesday and Thursday, as non-miscellaneous days, would be heard by it only in the physical presence of Counsels/parties in Court-rooms. Further, as per the SOP, the hearings on miscellaneous days (Monday and Friday) w...

The Supreme Court on Wednesday said the Special Investigation Team (SIT) it had appointed to monitor the Lakhimpur Kheri incident in which eight people were killed, has recommended the cancellation of bail plea of main accused Ashish Mishra. A three-Judge Special Bench, led by Chief Justice N.V. Ramana, and Justices Surya Kant and Hima Kohli, said the SIT, headed by a retired SC Judge, has recommended the State of Uttar Pradesh to file an appeal against bail granted to Ashish, son of Union Minister Ajay Mishra, in the Lakhimpur Kheri incident. The Apex Court sought response from the Yogi Adityanath-led UP government on two reports submitted by the SIT, in the case. The matter will now be heard on Monday. The Uttar Pradesh government had apprised the  Supreme Court  on Tuesday that the decision regarding the challenge to bail granted to Ashish Mishra in the Lakhmipur Kheri case of October 2021 was “pending consideration before the relevant authorities”. While filing a count...

A petition has been filed in the Supreme Court challenging the notifications issued by the Union Government for the Delimitation of Assembly Constituencies for the Union Territory of Jammu and Kashmir. The petition filed by Haji Abdul Gani Khan and Dr Mohammad Ayub Mattoo, residents of Jammu and Kashmir, also seeks a declaration that the increase of seats from 83 to 90 i.e., (107 to 114 including 24 seats in Pakistan Occupied Kashmir) in Union Territory of Jammu & Kashmir by the Union is ultra vires constitutional provisions such as Articles 81, 82, 170, 330 and 332 and Statutory Provisions particularly Section 63 of the Jammu & Kashmir Reorganisation Act 2019. The Union Government, Ministry of Law and Justice (Legislative Dept) issued a notification on March 6, 2020, in exercise of power under Section 3 of the Delimitation Act, 2002, constituting a Delimitation Commission, with Justice (Retd) Ranjana Prakash Desai as Chairperson, for the purpose of delimitation of Assembly a...

The Uttar Pradesh government on Tuesday apprised the Supreme Court that the decision regarding the challenge to bail granted to Ashish Mishra in the Lakhmipur Kheri case of October 2021 was “pending consideration before the relevant authorities”. While filing a counter-affidavit before the Apex Court, in response to the petition of family members of the victims of the Lakhimpur Kheri incident against the Allahabad High Court verdict, the government rejected the allegation that it had not effectively opposed Ashish’s bail before the High Court. The government response was filed by the Joint Secretary to the Home Department of the UP Government. The Supreme Court agreed to hear the matter tomorrow. On March 16, the  Supreme Court  had directed the Uttar Pradesh government to file a detailed affidavit on Lakhimpur Kheri incident, narrating the steps taken to protect the witnesses and also explain why bail granted to accused Ashish Mishra should be not cancelled. The order wa...

The Supreme Court today has stayed the 2nd stage development of commercial Karwar Port at Baithkol Village & Rabindranath Tagore beach at Karwal Bay carried out on a plot area of 17 hectares (42.01 acres) by Karnataka State Coastal Zone Management Authority and DVP Infra Projects Private Limited.  The three-judge bench led by the Chief Justice NV Ramana and Justices Krishna Murari & Hima Kohli has issued notice on a plea filed by “Baithkol Bandharu Nirashrithara Yantrikrut Dhoni Meenugarara Sahayata Sangha Niyamitha” against the order passed by the Karnataka High Court which had refused to stay the 2nd Stage development of commercial Karwar Port at Baithkol Village. The Karnataka High Court had held, “there are no grounds urged on merits as to how the Environmental Clearance is illegal. The challenge to grant of  Environmental Clearance is mainly on the ground that SEIAA having no jurisdiction. Therefore, we hold there is no merit in the challenge to the jurisd...

The Allahabad High Court has said that seven years of continuous practice is necessary to become a Higher Judicial Service Officer / District Judge. The Division Bench of Justice Kaushal Jayendra Thaker and Justice Ajai Tyagi passed this order while hearing a petition filed by Bindu. The petitioner has prayed for the following reliefs: “I. issue a writ, order or direction in the nature of certiorari quashing the impugned rejection order dated 22/10/2021. II. issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to allow the petitioner to participate in the selection process of U.P Higher Judiciary Services, 2020. III. to issue any other writ, order or direction which the court may deem fit and proper in the facts and circumstances of the case.” The facts of the case are that the petitioner applied for being appointed as a Judicial Officer in the U.P State Higher Judicial Services, the clinching aspect which is under challenge is that ...

Elections to the Executive Committee of the Supreme Court Bar Association will be held on April 27. According to a statement issued by SCBA, the Provisional list of voters will be displayed on the notice board and the website of the association by this evening. The SCBA members will also be intimated by SMS. Any objections to the list may be filed by the members by 4 p.m. on April 1 and the final list will be displayed on April 8. The candidates can file their nomination to various posts between April 9 to 11. Withdrawal can be submitted by April 13 and the final nominees list will be displayed on April 20. Debate for the post of President and Honorary Secretary of SCBA will take place at the Supreme Court lawns on April 26. Polling will start at 10 a.m. on April 27 and will continue till 5 p.m. Counting will start immediately after the polling, added the statement. The post Supreme Court Bar Association elections on April 27 appeared first on India Legal . from India Legal ...

Elections to the Executive Committee of the Supreme Court Bar Association will be held on April 27. According to a statement issued by SCBA, the Provisional list of voters will be displayed on the notice board and the website of the association by this evening. The SCBA members will also be intimated by SMS. Any objections to the list may be filed by the members by 4 p.m. on April 1 and the final list will be displayed on April 8. The candidates can file their nomination to various posts between April 9 to 11. Withdrawal can be submitted by April 13 and the final nominees list will be displayed on April 20. Debate for the post of President and Honorary Secretary of SCBA will take place at the Supreme Court lawns on April 26. Polling will start at 10 a.m. on April 27 and will continue till 5 p.m. Counting will start immediately after the polling, added the statement. The post Supreme Court Bar Association elections on April 27 appeared first on India Legal . from Top News of ...

While opposing the bail of Sushil Kumar, accused in Delhi’s Chhatrasal Stadium murder case , the Delhi Police has filed a status report in the Delhi High Court. The Delhi Police in the status report alleged that Sushil is the Kingpin in the murder of the Sagar Dhankad murder case. According to the report Sushil status is high profile. That’s why he can influence the witnesses. At the same time, the police have also expressed the risk of danger for the witnesses. The police have also said that Sushil is a “globetrotter”. If he is given bail, he may be absconding. The police also said that in this case the supplementary charge sheet is yet to be filed against one accused. Delhi police also informed the High Court that  charge sheet  U / s 302 / 307 / 308 / 364 / 365 / 325 / 323 / 342 / 452 / 392 / 394 / 397 / 269 / 188 / 147 / 148 / 149 / 506 / 109 / 201 / 120B / 34 IPC and 25 / 27  / Arms Act along with one supplementary Charge Sheet , has already been filed in the ...

The Uttarakhand High Court on March 23 disposed of a Public Interest Litigation (PIL) filed seeking direction to  the respondent State to notify the Rules under Anand Marriage Act, 1909 and also to issue guidelines to register the marriage of people of Sikh Community under the Anand Marriage Act, 1909. The PIL filed by one Amanjot Singh Chadha has also prayed that proper Rules be framed for making provisions for registration of marriage of people of Sikh community. A counter affidavit has been filed by the State in this case wherein it is stated as follows: “19. That the contents of paragraph no. 15 of the Writ Petition (PIL) so far the same relates to the provisions of Article 19 of the Constitution of India, being matter of record need no further comments. So far rest of the contentions made by the petitioner in the paragraph under reply, are not admitted. It is submitted that in the State of Uttarakhand, under the Uttarakhand Compulsory Registration of Marriage Rules, 2012, f...

A petition has been filed in the Supreme Court against the Karnataka High Court order on wearing of hijab to educational institutes in the state. The petition, filed by All India Muslim Personal Law Board, through its Secretary, Mohammed Fazlurrahim along with two other petitioners namely, Munisa Bushra and Jaleesa Sultana Yaseen, challenged the verdict passed by the Full bench of Karnataka High Court. The Samastha Kerala Jem-iyyathul Ulama, an Islamic clerics organisation, has also filed a special leave petition in the Supreme Court against the same verdict of Karnataka High Court. The organisation said that the High Court judgement was based on an erroneous interpretation of the Holy Quran and the Hadis and a wrong understanding of Islamic law. On March 24, the  Supreme Court  had refused to conduct urgent hearing on appeals challenging the Karnataka High Court order on wearing of hijab by female Muslim students in government educational institutions in the state. Senio...

The Centre on Monday apprised the Supreme Court that the followers of Hinduism, Judaism and Bahai, who are minorities in certain states, can be declared the same by the concerned state government. Submitting an affidavit filed before the Apex Court, the Centre said the allegation that such communities, which are minorities in those states, cannot establish and administer educational institutions of their choice in places where they are in minority like in Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh and Manipur, is not correct. The state governments can declare a religious or linguistic community as ‘minority community’ within the said state… matters such as declaring that followers of Judaism, Bahaism and Hinduism, who are minorities in Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab and Manipur can establish and administer educational institutions of their choice in the said State and laying down guidelines for ...

A PIL has been filed in the Supreme Court, seeking directions to the Centre to rehabilitate/resettle the Kashmiri Hindus and Sikhs, including those who have migrated after the exodus in 1990 and onwards from Kashmir and any other part of the country.  The present plea has been filed by NGO “We the Citizens,” seeking directions to constitute a Special Investigation Team to identify the perpetrators of the genocide and exodus of Hindus & Sikhs in Kashmir from 1989 to 2003. The plea stated, “The petitioner has undertaken research by going through the Book, Article, and Memoirs of the migrants from Kashmir. The prominent books, which the petitioner has examined, include MY FROZEN TURBULENCE IN KASHMIR” authored by Jagmohan & OUR MOON HAS BLOOD CLOTS” by Rahul Pandita. These two books give first-hand account of ghastly genocide and exodus of Kashmiri Hindus and Sikhs in 1990.” “The failure of the then government and police administration and finally complete breakdown of Const...

A PIL has been filed in the Supreme Court, seeking directions to the Centre to rehabilitate/resettle the Kashmiri Hindus and Sikhs, including those who have migrated after the exodus in 1990 and onwards from Kashmir and any other part of the country.  The present plea has been filed by NGO “We the Citizens,” seeking directions to constitute a Special Investigation Team to identify the perpetrators of the genocide and exodus of Hindus & Sikhs in Kashmir from 1989 to 2003. The plea stated, “The petitioner has undertaken research by going through the Book, Article, and Memoirs of the migrants from Kashmir. The prominent books, which the petitioner has examined, include MY FROZEN TURBULENCE IN KASHMIR” authored by Jagmohan & OUR MOON HAS BLOOD CLOTS” by Rahul Pandita. These two books give first-hand account of ghastly genocide and exodus of Kashmiri Hindus and Sikhs in 1990.” “The failure of the then government and police administration and finally complete breakdown of Const...

A PIL has been filed in the Supreme Court, seeking directions to the Centre to rehabilitate/resettle the Kashmiri Hindus and Sikhs, including those who have migrated after the exodus in 1990 and onwards from Kashmir and any other part of the country.  The present plea has been filed by NGO “We the Citizens,” seeking directions to constitute a Special Investigation Team to identify the perpetrators of the genocide and exodus of Hindus & Sikhs in Kashmir from 1989 to 2003. The plea stated, “The petitioner has undertaken research by going through the Book, Article, and Memoirs of the migrants from Kashmir. The prominent books, which the petitioner has examined, include MY FROZEN TURBULENCE IN KASHMIR” authored by Jagmohan & OUR MOON HAS BLOOD CLOTS” by Rahul Pandita. These two books give first-hand account of ghastly genocide and exodus of Kashmiri Hindus and Sikhs in 1990.” “The failure of the then government and police administration and finally complete breakdown of Const...

The Supreme Court on Friday has directed the High Court of Orissa to file its response in a plea by retired district judge challenging the initiation of disciplinary proceedings against her just three-days before her retirement resulting in rejection of her name as a high court judge.  On Friday, Senior Advocate, R Balasubramaniun for the petitioner submitted that the petitioner has put in 37 years of unblemished service and just 3 days before she was about to retire, for an incident which is more than 8 years old when she was the registrar of the Orissa State Judicial Tribunal alleging that irregularity in appointment of care taker was shown by her.  The bench has asked the high court to file its response but took objection to the language used in petition in one of the grounds, to refer to the High Court as not appropriate. Hence, the ld counsel for petitioner was given liberty to amendment the writ petition within two weeks. Further, Sibo sankar Mishra appearing for the H...

By Sanjay Raman Sinha   It is classic case of David vs Goliath. A handful of judges trying to work their way through a mountain of cases! The success depends not only on the arithmetic, but also on commitment and motivation. The number of judges in India is abysmally less as a ratio to its population. The judge-population ratio in India, as of today, is 20 judges per 10 lakh people which is the lowest in the world. In its 120th report of 1987, the Law Commission had stated that for every 10 lakh of population, 50 judges are required. It held that this will help reduce pendency. So, if the retirement age of judges is increased will it help solve the problem? Justice Sudhir Aggarwal, former judge, Allahabad High Court , held that there is no one-to-one relationship between case disposal rates and the number of judges. He said: “According to the National Judicial Data Grid figures, 4 crore 10 lakh cases are pending in district courts of the country. More than one crore cases ...