Legopolis

Chief Justice of India N.V. Ramana on Saturday said that access to Justice was a tool for social emancipation. Addressing the gathering at the All India District Legal Services Authorities’ meet, the CJI said the Legal Services Authorities Act, 1987 was enacted with the objective of reaching the persons at the bottom of the pyramid. The fact that it is aimed at offering free legal aid to 70 percent of our population, makes National Legal Services Authority (NALSA) the largest legal aid provider in the world. Many of the objectives of NALSA have been translated to social realities. This was made possible because of the sincere effort of dedicated judges and advocates, who have been shaping the policies and paving the roadmap of NALSA for the past 27 years. The governments also have been active partners in the ‘access to justice’ project. If today we have reached people’s doorstep and have earned their trust, the acclaim goes to the cooperative functioning between the forward-looking

PM highlight the plight of undertrials languishing in jails

The plight of undertrial prisoners languishing in jail for legal aid unsettled was highlighted by the Prime Minister Narendra Modi. The PM today called for legal aid to such prisoners to help secure their release. The District Judges was urged by the PM to use their position in the District Level Undertrial Review Committees for speeding up the release of the under trial prisoners. Modi added “There are so many undertrials who are left in jails without any legal help and remedy. I urge the District Judges to use their position in the District Level Undertrial Review Committee and speed up their release from the jails. I hope it will be a success by taking help of legal aid,” . While attending the All India District Legal Services Authorities Meet organised at Vigyan Bhawan in New Delhi ,the Prime Minister said the same . The function also saw the Chief Justice of India (CJI) NV Ramana, Supreme Court judges, Justice UU Lalit and DY Chandrachud along with the Union Law Minister Ki

PM highlight the plight of undertrials languishing in jails

Allahabad High Court grants conditional bail to Additional director Shine city in fraud case

The Allahabad High Court has granted conditional bail to Shine City Additional Director Mushtaque Alam in the fraud case registered in Varanasi. A Single Bench of Justice Siddharth passed this order while hearing a Criminal Misc Bail Application filed by Mushtaque Alam. In this case, there is allegation against three named accused persons regarding taking money for investment and misappropriating the same. Counsel for the applicant submitted that the applicant is not named in the first information report. His name has surfaced during investigation. He is in jail since 13.10.2021. Counsel for the applicant admits that applicant has criminal history of 21 cases, which is in his knowledge, there may be more cases in criminal history of applicant of like nature. On the other hand, A.G.A has opposed the prayer for bail but could not dispute the above submissions. “Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the cou

Uttarakhand High Court issues notice on PIL pertaining to unauthorized and illegal use of Plastic Recycling Plant

The Uttarakhand High Court issued notice on a Public Interest Litigation (PIL) filed being aggrieved by the completely unauthorized and illegal running of Plastic Recycling Plant of the Private Respondents. The Petitioner one Sandeep Kumar claimed that Private Respondents are running their recycling plants in a residential area without obtaining the requisite permission/consent of the State Pollution Control Board and the other authorities. The running of the plants is leading to toxic pollution in the residential area and causing grave hazard to the lives of the residents including the petitioner. The petitioner has placed on record the closure notices issued by the State Pollution Control Board to the private respondents on 30.09.2021. The counsel for the petitioner submitted that despite the said notices, the plants are continuing to run unabatedly. It is stated by the counsel for the Uttarakhand Pollution Control Board , Roorkee that after these closure notices were issued on

Twin Tower demolition case: Supreme Court directs Supertech to pay Rs 70 lakh to CBRI

The Supreme Court has directed Supertech builders to immediately release Rs 70 lakh to the Central Building Research Institute (CBRI), which was roped in as a consultant in the case related to demolition of the company’s 32-storeyed twin towers — Apex and Ceyane, in Noida. A Bench comprising Justice Dhananjaya Y Chandrachud and Justice JB Pardiwala passed the order on Friday, after CBRI backed out from the meeting called by Noida authority on July 19, citing non-payment of its fees of Rs 70 lakh. Barely three weeks before the intended demolition of Supertech’s 32-storeyed twin towers — Apex and Ceyane — in Noida, the Supreme Court on Friday sorted out a major confrontation that arose over the structural audit of the towers in question after the Roorkee-based Central Building Research Institute (CBRI), roped in as a consultant, backed out from the meeting called by Noida authority on July 19 citing non-payment of ₹70 lakh in fees It even blamed the demolition agency Edifice Engineer

Smriti Irani defamation case: Delhi High Court orders Congress leaders to remove social media posts

The Delhi High Court on Friday summoned senior Congress leaders Jairam Ramesh, Pawan Khera and Netta D’ Souza in a civil defamation case filed by Union Minister Smriti Irani and ordered them to remove their social media posts against Irani and her daughter. The minister had sought Rs 2 crore from the Congress leaders for their defaming her and her daughter. Justice Mini Pushkarna found that the case was in favour of the Union Minister and against the Congress leaders. The Court then passed an interim injunction directing the Congress leaders to delete and remove allegations made by them during the press conference from all social media platforms/You Tube/Instagram/Facebook and Twitter. The Court warned that if the defendants didn’t comply with directions within 24 hours of the order, the defendant’s social media platforms will be directed to take down the material. The court viewed that the allegations were made against Irani without verifying actual facts and said there was no l

Allahabad High Court refuses bail to man accused of raping Dalit woman

The Allahabad High Court has rejected the bail application of one Ayub Khan alias Guddu, who is accused of raping a Dalit woman. A single-judge bench of Justice Sanjay Kumar Singh passed this order while hearing a Criminal Appeal filed by Ayyub Khan @ Guddu. The criminal appeal has been filed against the order dated 01.10.2021 passed by the Special Judge, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Auraiya whereby the Judge rejected the bail application moved on behalf of the appellant in Bail Application arising out of Case under Sections 504, 506, 376, 328 IPC, Section 67(A) of Information and Technology Act and Section 3(2)(v), 3 (1) Da and 3 (1) Dha of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, police station Ayana, district Auraiya. The facts of the case are that a First Information Report was lodged by the victim on 09.7.2021 for the alleged incident which took place on 23.6.2021 inter alia with the allegations

No new petitions challenging Places Of Worship Act to be entertained: Supreme Court

The new petition challenging the Places of Worship Act, 1991, was refused to be entertained by the Supreme Court and instead the court permitted the Petitioners to file intervention petitions in the pending cases where notices have been issued. The Bench of Justice D. Y. Chandrachud and Justice J. B. Pardiwala asked about the number of petitions that were filed ? How many petitions will be filed?” About 8 petitions were told to have been filed in the same. Senior Advocate Rakesh Dwivedi appeared for Chandra Shekhar, For Swami Jitendranand, Senior Advocate Vijay Hansaria appeared, Senior Advocate C S Vaidyanathan appeared for Rudra Vikram Singh and Senior Advocate Gaurav Bhatia appeared for Devkinandan Thakur. All the grounds raised in the petitions can be raised in the impleading petitions, said the court. The court also believed that if any petitioner tries to withdraw the pending petitions, the impleading petitioners will be permitted to be transposed as petitioners. The Top

Complete local body elections by January next year: Supreme Court to Nagaland Election Commission

The Nagaland State Election Commission was directed by the Supreme Court to complete the elections of local bodies and declare the results by the end of January, next year. A Division Bench comprising Justice Sanjay Kishan Kaul and Justice M.M. Sundresh passed the order on a petition filed by the People’s Union for Civil Liberties (PUCL) and women rights activist Rosemary Dvuchu. The petition challenged the Nagaland Assembly’s resolution of September 22, 2021, exempting operation of Part IXA of the Constitution of India, which mandated 33 per cent reservation for women in Municipalities and Town Councils of the state. The Apex Court observed that the election process has to be completed and the results need to be declared before the end of January, 2023. A schedule has to be worked out, it added. The state of Nagaland had informed the Apex Court in April that it will give 33 per cent reservation to women in local self-government institutions, in line with earlier orders passed by

Delhi High Court: Delhi police to file status report in Sharjeel Imam Case

The Delhi Police was issued a notice by the Delhi High Court on Friday on JNU student Sharjeel Imam’s appeal against a lower court order denying him interim bail in a sedition case. On the plea by Imam against court’s refusal to stay the trial in the case,notices have been issued by the Division Bench of Justices Mukta Gupta and Anish Dayal. The Delhi police has been directed by the bench for filling a status report in the matter within two weeks and has listed the case for further hearing on August 25. The current case is that of the sppech Imam gave at at Jamia Milia Islamia in December 2019. On July 23,Amitabh Rawat the additional Sessions Judge had the bail plea of Imam stating that the same had already been rejected before on merits and even though the Supreme Court had kept Section 124A (sedition) in abeyance, the case can proceed based on other charges against Imam. The court said “ The pending trials with respect to the charges framed under Section 124A IPC have been kep

Delhi High Court: Delhi police to file status report in Sharjeel Imam Case

Supreme Court to hear Trinamool Congress plea against extension of tenure of ED Director tomorrow

The Supreme Court on Thursday decided to hear tomorrow, the petition filed by All India Trinamool Congress, challenging the Central government’s decision to extend the tenure of current Director of Enforcement Directorate (ED) Sanjay Kumar Mishra. A Bench comprising Chief Justice of India N.V. Ramana, Justice Krishna Murari and Justice Hima Kohli had agreed to list the case on July 11. When the issue was mentioned by Senior Advocate Basava Prabhu Patil before the CJI today, Justice Ramana agreed to list it tomorrow. As per the plea claimed by AITC spokesperson Saket Gokhale, the extension was invalid under Section 25 of the Central Vigilance Commission Act and in gross violation of the top court’s September 2021 judgement in Common Cause vs Union of India, wherein it was held that no further extension of tenure shall be granted to the incumbent Director of the ED. The Supreme Court had, in its 2021 verdict, had affirmed an earlier verdict of the Central government dated November 1

Uttarakhand High Court issues notice on PIL filed seeking uniform law for marriage age for girls

The Uttarakhand High Court issued notice on a Public Interest Litigation (PIL) filed seeking uniform law with regard to the age of marriage of the girls, irrespective of their religious beliefs. According to the Counsel for the petitioner , by permitting marriage of girls below the age of maturity leads to their exploitation . The Parliament has enacted the Prohibition of Child Marriage Act, 2006. The purpose which is to provide for the prohibition of solemnization of child marriages and for matters connected therewith or incidental thereto. It applies to the whole of India and it also applies to all citizens of India without and beyond India. The only exception carved out is in respect of renoncants of the Union Territory of Pondicherry. The child has been defined to mean a person, who, if a male has not completed twenty-one years of age, and if a female, who has not completed eighteen years of age. The child marriage is defined asa marriage to which either of the contractin

Central Government: CBI Director has no case pending complaint or court case against him

The Bombay High Court was apprised by the Central Government that the Director of Central Bureau of Investigation (CBI) Subodh Kumar Jaiswal has enough experience dealing with anti-corruption cases and has no pending complaint or court case against him. An affidavit was filed before the High Court by the under secretary of the Ministry of Personnel & Public Grievances which said that Jaiswal has handled anti-corruption cases including economic offences, white collar crime, corporate crimes along with cases under Prevention of Corruption Act (PCA) Dismissal of PIL was sought by the government, in the petition filed by retired Assistant Commissioner of Maharashtra Police (ACP) Rajendrakumar Trivedi who challenged appointment of Jaiswal’ as the director of the investigating agency. Rajendrakumar Trivedi has challenged continuation of Jaiswal as CBI chief mentioning his less experience in investigation of anti-corruption cases and has doubtful credibility. The Court had earlier is

Allahabad High Court dismisses special appeal of state government against appointment of OBC candidates declared unsuccessful

The Allahabad High Court has dismissed the special appeal of the State Government and the Police Recruitment Board against the order of considering the appointment of OBC candidates declared unsuccessful on producing two residence certificates in Constable Recruitment 2015. The Division Bench of Justice Pritinker Diwaker and Justice Ashutosh Srivastava passed this order while hearing a Special Appeal Defective filed by the State Of U.P and 3 others. The intra court appeal has been filed questioning the order dated 13.4.2022 passed by the Single Judge in Writ-A No 20311 of 2018 (Imran Khan v State of UP and others) whereby the writ petition was allowed and the respondents were directed to consider the respondentpetitioner’s candidature for appointment to the post of Police Constable and Constable PAC treating him as an OBC candidate and domicile of the State of Uttar Pradesh. Counsel for the appellants submitted that the Single Judge erred in law in allowing the writ petition inasmu

Central Government: CBI Director has no case pending complaint or court case against him

Allahabad High Court dismisses special appeal of state government against appointment of OBC candidates declared unsuccessful