Tag: judicial

Telangana HC notice to Centre on CAT judicial appointments

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Hyderabad: The Telangana High Court on Monday issued notices to the department of personnel and training, the Ministry of Personnel Public Grievances and others seeking counters over a PIL challenging the rules and practices governing the recruitment of members to the Central Administrative Tribunal (CAT).
President of the CAT’s Bar Association, B Gurudas, a petitioner and an attorney in this case has brought up the legal question of how someone without legal expertise could be appointed as a judicial member of the tribunal.
The petition states that according to Section 6 (2) (b) of the Administrative Tribunals Act, the judicial member shall not be a member of the Administrative Tribunal unless he is a judge of a High Court or is qualified to be one or has held the position of member-secretary, Law Commission of India for at least two years, or has held the position of additional secretary to the Government of India in the department of legal affairs and Legislative department at least for a period of five years.
The petitioner held the act as a breach of the law for selecting someone who has only held administrative positions without having a background in law.
He further argued that a person from the legal profession must be recruited for the post.
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#Telangana #notice #Centre #CAT #judicial #appointments

( With inputs from www.siasat.com )

February 21, 2023
Israel greenlights controversial judicial reform despite opposition

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Jerusalem: Israel’s parliament voted on Tuesday to advance Prime Minister Benjamin Netanyahu’s contentious plan to overhaul the country’s judiciary, despite widespread public opposition.
After a stormy debate, the first two bills of the judicial reform passed in a first, non-binding reading, reports Xinhua news agency.
Out of the 120 seats in Parliament, 63 lawmakers voted in favour of the bills, 47 against, and 10 were absent.
Members of Netanyahu’s new ultra-religious and ultranationalist coalition government celebrated the outcome.
“A great night and a great day,” Netanyahu wrote on Twitter after the vote.
The first bill would alter the composition of the nine-member committee that appoints judges, limiting the influence of legal professionals and giving the government an outright majority.
If approved, the law would enable the government to choose judges.
The other bill would eliminate the Supreme Court’s authority to cancel basic laws passed by Parliament, even if they are unconstitutional.

The vote means the ruling coalition could now bring the two bills for the final second and third readings in Parliament, after which they will become laws, kick-starting the reform.
Opposition members warned that the bills will weaken the legal system and politicize it.
Yair Lapid, the centrist leader of the opposition, criticized the coalition on Twitter, saying: “Members of the coalition — history will judge you for this night for the damage to democracy, for the damage to the economy, for the damage to security, for the fact that you are tearing the people of Israel apart and you simply do not care.”
The divisive reform has also sparked a massive uproar in Israeli society.
Tens of thousands of Israelis rallied outside the parliament in Jerusalem on Monday as the votes began. They held flags of Israel and chanted “Democracy!”
A major concern of the protesters is that the reform will concentrate power in the hands of Netanyahu.
The longest-serving leader of Israel is facing a criminal trial over corruption charges and Attorney General Gali Baharav-Miara has warned his involvement in the proposed reform puts him in a conflict of interest.
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#Israel #greenlights #controversial #judicial #reform #opposition
( With inputs from www.siasat.com )

February 21, 2023
Mass protests in Israel as lawmakers prepare 1st vote on judicial overhaul

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Jersalem: Israeli protesters gathered outside the Parliament building in Jerusalem as Israel’s far-right government is pressing ahead with a controversial overhaul of the judicial system and ready to hold the first vote on two bills.
A spokesperson with the Jerusalem district’s police told Xinhua news agency that “tens of thousands” of people attended several massive rallies in the city on Monday.
Inside Parliament, lawmakers were preparing to hold the first vote on two bills aimed at curbing the Supreme Court’s oversight over legislation and increasing politicians’ influence over the court.
The vote is the first stage of three rounds of votes, after which the bills will become law, kick-starting the government’s planned overhaul.
One bill aims to alter the composition of the nine-member committee that appoints judges in a way that would limit the influence of legal professionals and grant the government an outright majority.
If approved, the law would enable the government to choose judges.
The other bill calls to eliminate the Supreme Court’s authority to invalidate basic laws passed by the Knesset, or the Parliament, even if they are unconstitutional.
The bills are the first two in a series of bills pushed forward by Prime Minister Benjamin Netanyahu’s ultra-religious and ultranationalist coalition government, which according to critics will undermine the democratic foundations of Israel.

Netanyahu and his coalition partners argue that the plan aims to address the excessive influence of courts and legal advisers in lawmaking and decision-making.
Many protesters arrived in Jerusalem in convoys from across the country, blocking major routes on their way.
The protest started at dawn, with dozens of off-duty reserve soldiers rallying outside the home of Simcha Rothman, one of the leading lawmakers of the reform, in the settlement of Pnei Kedem.
Similar demonstrations were held outside the homes of other members of the coalition across the country.
A major concern of the protesters is that the reform will concentrate power in Netanyahu’s hands.
Netanyahu, Israel’s longest-serving leader, is facing trial over corruption charges and Attorney-General Gali Baharav-Miara has warned his involvement in proposed reform puts him in a conflict of interest.
Earlier in the day, Netanyahu accused the protesters of “trampling democracy” and “not accepting the results of the election” during his speech at the Knesset.
He said his coalition is open to a dialogue with critics of the reform but will press ahead with the planned votes in the Knesset.
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#Mass #protests #Israel #lawmakers #prepare #1st #vote #judicial #overhaul
( With inputs from www.siasat.com )

February 21, 2023
Maha orders SIT probe into scribe’s ‘killing’, Congress demands judicial probe

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Mumbai: Under flak from various quarters for the “killing” of a Ratnagiri journalist Shashikant Warishe, the Maharashtra government will on Saturday set up a Special Investigation Team (SIT) to probe the case.
Deputy Chief Minister Devendra Fadnavis, who holds the home portfolio, ordered the police to form the SIT and investigate Warishe’s killing even as the Opposition Congress demanded a judicial probe panel.
Fadnavis has directed the police department to set up the SIT headed by a senior officer and conduct the investigations into the case which has grabbed national attention.
On the other hand, Congress Chief Spokesperson Atul Londhe has sought an inquiry commission headed by a sitting or retired Bombay High Court judge to carry out the case probe, plus the report must be handed over to the court and not the state government.
“It must be noted that Fadnavis had in the past declared that the Barsu refinery complex (originally due to come up at Nanar) will come up no matter what and nothing can stop it…” Londhe pointed out, demanding the judicial probe to ascertain Warishe’s killing and a possible conspiracy behind it.
On Monday, Warishe, 46, was knocked down and dragged on his bike by a SUV allegedly driven by a local realty agent, Pandharinath Amberkar, 42.
While the scribe succumbed to his serious injuries on Tuesday, following a massive hue and cry, Ambedkar was arrested and charged with murder, as the incident reverberated nationally.
Major media organisations, rights and social groups, NGOs, and almost all major political parties like Congress, Nationalist Congress Party, Shiv Sena (UBT), CPI, and others have rallied together to condemn Warishe’ killing, and unravel the plot behind it.

Warishe had run a series of articles opposing the Barsu refinery-cum-petrochemicals complex – billed as the world’s biggest – coming up at a cost of Rs 3.50 lakh-crore, with foreign collaboration in Ratnagiri.
Earlier, following protests by locals, the erstwhile Maha Vikas Aghadi government had scrapped the Nanar location and the next regime has finalised Barsu as its new location, which is also facing huge opposition.
Warishe had been running a campaign against the upcoming refinery and petrochemicals complex coming up in the region, while Amberkar was a supporter of the mega-project.
Journalists and other organisations took out silent protest marches in Mumbai on Friday and in Rajapur on Saturday demanding justice for Warishe’s family and ensuring stringent punishment to the prime accused Amberkar.
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#Maha #orders #SIT #probe #scribes #killing #Congress #demands #judicial #probe
( With inputs from www.siasat.com )

February 11, 2023
Rakhi Sawant’s husband Adil Durrani sent to judicial custody

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Mumbai: Reality TV star Rakhi Sawant’s husband Adil Durrani, who was arrested by Mumbai Police on Tuesday, has now been sent to judicial custody by Andheri court.
Durrani was arrested after Rakhi filed an FIR against him, alleging he mishandled her funds. Rakhi also accused him of engaging in domestic violence.
While talking to media outside Mumbai’s Oshiwara police station, Rakhi said, “He (Adil) came to beat me at home in the morning, I immediately called the police. He frequently visits my home and gives threats. Even today he came to beat me at home, and I was scared. He said that you defamed me in the media.”
Rakhi also claimed that Adil had broken up with her and was living with his alleged girlfriend.
Rakhi further stated that she is now going to opt for a divorce as he cheated on her. She said, “Now, I do not want to make any kind of compromise with Adil. I just can’t live with a man who sleeps with so many girls. I wanted him to apologise and leave Tanu (the girl who Adil allegedly cheated with) and come to me. But that person is not loyal. So, I have decided that I have to get a divorce now.”
Rakhi’s brother Rakesh also backed the actress and said Adil physically and verbally abused her.”Never thought that he will stoop down to such level. We even forgave two or three times. The next day after the demise of our mother, when we went to Rakhi’s house to feed her, that time we noticed Rakhi’s face is swollen. She was crying, when our relatives asked her then she revealed that Adil has beaten her on the same day our mother passed away,” Rakhi’s brother said.
Rakhi, last month, revealed that she had married Adil in 2022. Taking to Instagram, she shared a photograph of their purported marriage certificate which shows that the wedding took place on May 29, 2022. . While Adil had initially called it false, he finally admitted that he and Rakhi had been married.
The Police filed the FIR under IPC Sec 406, 420 498 (A) and 377.

Rakhi’s lawyer Falguni Brahmbhatt said that they have all the evidence which will prove that Adil is not innocent.
“In the future, when Adil will apply for bail in the sessions court, we will oppose it. We have bank statements which will show that Adil has misused Rakhi’s funds. We also have evidence which will show how Adil has beaten Rakhi and blackmailed her and threatened her.”
Rakhi levelled such shocking allegations against Adil just a few days after the demise of her mother.
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#Rakhi #Sawants #husband #Adil #Durrani #judicial #custody
( With inputs from www.siasat.com )

February 9, 2023
Judicial vacancies trigger suspension of trials in some parts of New Jersey

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It’s impossible to predict how many trials these suspensions will affect, said Pete McAleer, a spokesperson for the Administrative Office of the Courts. While many trials will face indefinite delays, the courts will still address applications for child support, custody and visitation, McAleer said.
There are currently 69 vacancies throughout the trial courts, Rabner said, more than one out of every six positions statewide. The court system has operated with an average of more than 50 vacancies for the past three years.
“That imposes heightened responsibilities on sitting judges who handle thousands of proceedings and motions each month,” Rabner said. “That situation, along with the effects of the COVID crisis, has contributed to delays in handling individual cases and substantial increases in backlog.”
There are five vacancies out of a total of 20 judicial positions in Vicinage 13 and nine vacancies out of 28 positions in Vicinage 15.
The judiciary prioritizes cases that concern an individual’s liberty, like criminal or juvenile delinquency matters, and cases that present potential emergencies such as domestic violence complaints.
“There are simply not enough judges at this time to conduct civil and matrimonial trials in either vicinage,” Rabner said. “Without additional relief, we may well face the same situation in other vicinages in the near future.”
Jeralyn Lawrence, president of the New Jersey State Bar Association, said the ongoing situation has reached crisis levels. “The court does not operate properly with more than 25 to 30 vacancies,” she said in an interview with POLITICO. “The executive and legislative branches have known about this for months and they’ve done nothing.”
Natalie Hamilton, a spokesperson for Gov. Phil Murphy, said the administration is working to fill the vacancies. “Governor Murphy has remained committed to ensuring vacancies in New Jersey’s courts are filled by highly qualified individuals,” she said. “Since he took office in 2018, 101 judges have been nominated and confirmed, including 45 in the 2022 calendar year.”

Lawrence said the governor is not moving quickly enough.
“The judiciary can’t solve this problem,” Lawrence said. “There’s only two branches of government that can solve this problem. Our governor and our legislature cannot figure out who to put on the bench.”
“Time is of the essence, and it has been of the essence,” Lawrence said. “They shouldn’t work on anything else other than this.”
There is no shortage of qualified candidates for the vacancies, Lawrence added.
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#Judicial #vacancies #trigger #suspension #trials #parts #Jersey
( With inputs from : www.politico.com )

February 8, 2023
11 advocates, 2 judicial officers elevated as additional judges of 3 HCs

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New Delhi: A total of 11 advocates and two judicial officers were on Monday appointed as additional judges in the high courts of Allahabad, Karnataka and Madras.
Law Minister Kiren Rijiju announced the fresh appointments on Twitter and extended his best wishes to them.
Those appointed include six for the Allahabad High Court, five for the Madras High Court and two for the Karnataka High Court.
Two of the additional judges appointed to the Madras HC are judicial officers.
The names of some of them were recommended by the Supreme Court Collegium last month.
One of those appointed to the Madras High Court is advocate Lekshmana Chandra Victoria Gowri whose reported affiliation to the BJP had triggered a controversy.
Some lawyers had recently asked the Collegium to recall its recommendation for Gowri alleging her affiliation. Some other lawyers had supported her elevation, citing hard work and her commitment to the profession.
Additional judges are usually appointed for a period of two years before being elevated as permanent judges.

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#advocates #judicial #officers #elevated #additional #judges #HCs
( With inputs from www.siasat.com )

February 6, 2023
Rs 7,000 cr proposed budgetary allocation for eCourts project phase 3 to enhance judicial efficiency: CJI

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New Delhi: The proposed allocation of Rs 7,000 crore in the 2023-24 budget for phase three of the eCourts Project will enhance judicial institutions and efficiency while ensuring courts reach every citizen, Chief Justice D Y Chandrachud said Saturday.
Addressing the 73rd anniversary of the establishment of the Supreme Court, he said that during the COVID-19 pandemic period, the top court adopted video conferencing of court proceedings to reach out to the people.
“In the recent budget, the Government of India has introduced a provision of Rs 7,000 crore for phase-3 of the e-courts project. This will help enhance the accessibility of judicial institutions and the efficiency of judicial systems in India. Such endeavor will ensure the court reaches every citizen of India,” Justice Chandrachud said.
Between March 23, 2020, and October 30, 2022, the apex court heard 3.37 lakh cases through video conferencing, he said.
“We updated our video conferencing infrastructure at meta scale. We are continuing to use technological infrastructure for a hybrid mode of hearing that allows parties from any part of the country to join the court proceedings,” CJI Chandrachud said.
The 73rd anniversary event was graced by Chief Justice of Singapore Justice Sundaresh Menon, who spoke on the topic ‘Role of judiciary in a changing world’.
The Supreme Court came into existence on 28 January 1950, two days after India became a republic on 26 January.

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#proposed #budgetary #allocation #eCourts #project #phase #enhance #judicial #efficiency #CJI
( With inputs from www.siasat.com )

February 4, 2023
Air India ‘pee-gate’: Delhi court extends Shankar Mishra’s judicial custody

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New Delhi: The Patiala House Court on Saturday extended the judicial custody of Shankar Mishra, the man accused of urinating on an elderly female co-passenger in a drunk state on board a New York-New Delhi Air India flight in November last year, by 14 days.
On January 7, the court had sent Mishra to 14-day judicial custody, which was extended till February 4 on Saturday.
Earlier, in the wake of Air India banning Mishra from flying for four months on the basis of its internal committee report, his legal counsel had opposed the findings of the panel, saying that they are ready to file an appeal.
“We respect the authority and mandate of the internal inquiry committee, but we disagree with its findings and are already in the process of challenging this decision in accordance with the Directorate General of Civil Aviation’s (DGCA) civil aviation requirements for unruly passengers,” Mishra’s lawyers had said.
Aviation regulator DGCA had also imposed a fine of Rs 30 lakh on Air India besides suspended the licence of the pilot-in-command for three months in connection with the Air India urination case.
Moreover, the regulator had imposed a penalty of Rs 3 lakh on the director of inflight services of Air India for failing to discharge her duties on November 26, 2022.
The incident of passenger misbehaviour which occurred on the AI-102 flight from New York to New Delhi came to the notice of DGCA on January 4.
After Mishra claimed that the complainant had soiled her own seat, the latter had rubbished the allegation, saying it was “completely false and concocted”.

“The said allegation is also in complete contradiction and a complete volte-face of the statements and the pleaded case of the accused in his bail application,” she had said.
The victim had said that her intention has all along been to ensure that institutional changes are made so that no individual has to go through the “horrendous experience” she went through.
“Instead of being remorseful for the utterly disgusting act committed by him, he has adopted a campaign of spreading misinformation and falsities with the intent of further harassing the victim,” she had said.
On January 13, Mishra told the court that he is not the accused.
“There must be someone else who peed or it must be her who urinated,” he had said.
He also claimed that the woman was suffering from some prostate-related disease.
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#Air #India #peegate #Delhi #court #extends #Shankar #Mishras #judicial #custody
( With inputs from www.siasat.com )

January 21, 2023