Posts

Supreme Court to hear plea challenging appointment of Delhi Police Commissioner Rakesh Asthana soon

The Supreme Court on Thursday has begun the final hearings in Center for Public Interest Litigation’s (CPIL) challenge against the appointment of IPS officer Rakesh Asthana’s as Police Commissioner of Delhi. Senior Advocate Prashant Bhushan mentioned the matter before a bench that was headed by Justice D.Y. Chandrachud. He also mentioned that due to the judge being on leave, the matter was not heard by the court last time, so this time it needs to be taken on urgent basis. Bhushan, who appeared for petitioner Centre for Public Interest Litigation (CPIL), said all parties have filed their affidavits and counter-affidavits. Prashant Bhushan also mentioned that keeping in view the seriousness of the matter, an early date should be fixed for hearing the matter. Justice Chandrachud said the hearing will be held soon. The post Supreme Court to hear plea challenging appointment of Delhi Police Commissioner Rakesh Asthana soon appeared first on India Legal . from Top News of the Day –...

Hate speech: Bail plea of Wasim Rizvi postponed as High court Judge is on leave

The hearing in bail petition of Wasim Rizvi alias Jitendra Narayan Tyagi, accused of delivering hate speech during a Dharam Sansad in Haridwar last year, could not take place in the Uttarakhand High Court on Thursday, as the Judge hearing the matter was on leave. Rizvi was arrested by Uttarakhand Police on January 13, 2022, for allegedly making provocative statements against Muslims at a ‘Dharam Sansad (religious conclave) held in Haridwar from December 17 to 19, 2021. The former chief of Shia Waqf Board who recently converted to Hinduism, was booked along with Yati Narsinghanand Giri, seers Dharamdas and Sadhvi Annapurna, and others, under IPC Section 153-A (promoting enmity between different groups on grounds of religion), among other sections, for their alleged hate speeches at the Dharam Sansad. Giri, the controversial priest of Dasna temple in Ghaziabad, had organised the religious conclave. The post Hate speech: Bail plea of Wasim Rizvi postponed as High court Judge is on...

Supreme Court to hear plea challenging appointment of Delhi police Commissioner Rakesh Asthana soon

The Supreme Court on Thursday has begun the final hearings in Center for Public Interest Litigation’s (CPIL) challenge against the appointment of IPS officer Rakesh Asthana’s as Police Commissioner of Delhi. Advocate Bhushan mentioned the matter before a bench that was headed by Justice DY Chandrachud. He also mentioned that due to the judge being on leave , the matter was not heard by the court last time, so this time it needs to be taken on urgent basis. Advocate Prashant Bhushan who appeared for petitioner Centre for Public Interest Litigation (CPIL), said that all parties have filed their affidavits and counter-affidavits. Prashant Bhushan also mentioned that keeping in view the seriousness of the matter , an early date should be fixed for hearing the matter. Justice Chandrachud, understanding the gravity of the matter said that the hearing will be held soon. The post Supreme Court to hear plea challenging appointment of Delhi police Commissioner Rakesh Asthana soon appeared ...

A Matter of Control

By Dr Swati Jindal Garg Judicial independence is the bulwark of our system. It gives life to the words of the Constitution. For any democratic country, it is imperative that the process of appointment of judges remains independent and uninfluenced. Wee Chong Jin, the first chief justice of Singapore, rightly said: “The qualities that one should look for in a judge are a burning desire to be fair and impartial; the courage to uphold the law and strike down injustice; compassion, coupled with an understanding of human frailties; and lastly, love for the law.” Of late, there has been a renewed debate over allegations that judges were appointing judges through the collegium system and such a process had resulted in the side-lining of the executive. Nothing could be further from the truth. Judges of district and other lower courts are appointed through a transparent process that includes three stages of exams. A competitive exam, namely PCS (J), is conducted. It is followed by a written t...

Rajasthan High Court disposes PIL on discriminatory practice by Jodhpur Vidhyut Vitran Nigam Limited

The Rajasthan High Court recently disposed of a Public Interest Litigation (PIL) filed with the grievance sought to be ventilated is that the order impugned dated 01.04.2022 issued by the Jodhpur Vidhyut Vitran Nigam Limited amounts to discriminatory practice by State authorities, which is based on considerations of particular community and that is Constitutionally invalid. The PIL has been filed by one Mahavir Singh Amaravat. When the matter came before the Acting Chief Justice Manindra Mohan Shrivastava and Justice Madan Gopal Vyas , Additional Advocate General (AAG) appearing for the State referring to his reply and a subsequent modified order dated 05.04.2022 submitted that a general order irrespective of any particular festive occasion of any community has been issued in continuance of earlier letter dated 01.04.2022 that all the authorities concerned, who are incharge of supply of electricity have been directed to ensure proper electricity supply to ensure uninterrupted water s...

An Enviable Legacy

By Lokendra Malik Chief Justice of India (CJI) NV Ramana completed one year in office on April 24 this year. He assumed the highest judicial office in the country during a difficult time. His predecessor, CJI SA Bobde, failed to break the deadlock in the Supreme Court collegium and ten vacancies of judges had piled up there. It was due to CJI Ramana’s sincere efforts and dynamic leadership that all those vacancies were filled up when he became the leader of the collegium, the authority which selects judges for the Supreme Court and High Courts since 1993. Surprisingly, CJI Bobde could not convince his collegium colleagues to select even a single judge for the Court. Media reports indicate that a stalemate had occurred in the collegium regarding the names of a few judges, particularly those belonging to the minority community whose appointments were not acceptable to the centre. The reports also indicated that Justice Rohinton F Nariman, a senior Supreme Court judge and collegium memb...

Allahabad High Court refuses to interfere with order of accused joining police force

The Allahabad High Court has refused to interfere with the order that a person accused of molesting a minor should not join the police force. A Single Bench of Justice Saurabh Shyam Shamshery passed this order while hearing a petition filed by Sudhir Kumar. In this petition, the Petitioner is desirous to become a member of a disciplined force and for that he has crossed many hurdles in examination process on the basis of his physical and mental strength. However, a hurdle erected by the petitioner himself came in the way before crossing the finish line. Hurdle is the involvement of petitioner in Case under Sections 363, 366, 368, 376, 511, 420, 467, 471 and 120B and Section 3/4 POCSO Act. Vinay Kumar Singh, counsel for petitioner submitted that earlier, the Court has passed three specific orders to consider the case of petitioner by respondents in the light of Avtar Singh vs Union of India and Others; (2016) 8 SCC 471 and that petitioner had bonafidely disclosed the details of crim...