Friday, 8th December 2023

The Constitution is not a mere Lawyers Document, it is a Vehicle of Life, and its Spirit is always the Spirit of Age.

Notes: – UN predicts groundwater level in India will reduce to ‘low’ by 2025.’

Legal Awareness: – CONSTITUTION OF INDIA

Part – XVII OFFICIAL LANGUAGE

CHAPTER IIREGIONAL LANGUAGES

Article – 346 Official language for communication between one State and another or between a State and the Union.

The language for the time being authorised for use in the Union for official purposes shall be the official language for communication between one State and another State and between a State and the Union:
Provided that if two or more States agree that the Hindi language should be the official language for communication between such States, that language may be used for such communication.

Today’s Legal Updates: 

  1. On Friday the Supreme Court Registry, which has come under intense scrutiny this past week after allegations of improper listing of cases were raised by certain senior lawyers, has responded to the criticism.
    • Senior Advocate Dushyant Dave had written to Chief Justice of India (CJI) DY Chandrachud on December 6 expressing anguish over the listing of sensitive cases before the Supreme Court.
    • his letter stated, A plain reading of orders [in the case]…would show that these matters were to be placed before Hon’ble CJI.
    • The notion that a case must follow the senior judge is not the correct perspective of the system. The case follows the judge whom the case has been assigned! So if case has been assigned to J2 on a bench, the case follows J2…there is a stage for every judge when you preside, and when one judge above you goes on leave or is in a three-judge bench, then you get to preside. When you reach the first 14-15 (in terms of judges’ seniority) then you start presiding on a regular basis. Merely because one is a junior judge, it is not that they cannot preside over a case.
    • As per the system in place, a case can be assigned to any judge on the bench – junior or senior. The case then follows the judge to whom it has been assigned, irrespective of whether or not he is the presiding judge.
    • group of people might feel that they can control the judges they want for matters to be listed, but it does not work like that.
    • Every judge is a judge before the system. A lawyer should be ready to appear before anyone. Merely because the stakes are so high that you want an order at any cost. That is not right. Then you are hunting for a judge.
    • It is what your lived experience as a lawyer has been, but everyone must take it in their stride. But when people insist on a particular judge or court, it is not correct.
    • the official stated, So cases get rotated to these judges. We know some are particularly liberal, some are more strict in their perception of criminal law. Judges coming from the district judiciary see the law very differently from those who come from the bar, but that is part of the system. You cannot say I want my case for only a particular bench – and when somebody does that, it brings the system into disrepute. Because the judge’s name gets dragged in and in high profile cases, people want a particular judge.
    • People cannot just pick out anything. However influential a group of economic interests or lawyers try to dictate matters, it will not be allowed. Does a person in a normal service matter, even a murderer, have the choice to pick his judges? There have been instances that a registrar said that xyz came and threatened him saying ‘hum aapko dekh lenge if you don’t assign to a particular judge’.
    • You have the CJI to do it as a matter of principle and not to subserve interests, be it private or government.
    • In one hearing, there was a reference (by Justice Kaul) to two Sikh judges. Now if that whole appointment process of those two judges gets lost on their community, there is a great chance of polarisation which will affect those two judges. You want that issue to be sorted out in a very stateman-like way. But if you put it in the public realm, then it is going to become worse for the judges.
  2. On Friday A public interest litigation (PIL) petition has been filed before the Kerala High Court to restrain a political alliance consisting of 26 opposition parties from using the acronym INDIA (Indian National Developmental Inclusive Alliance) for their election campaign.  (Kevin Peter Thomas v Union of India & Ors.)
    • The plea filed by one Kevin Peter said that use of “INDIA” as an acronym by the political alliance is a violation of the Emblems and Names (Prevention of Improper Use) Act, 1950 which prohibits the improper use of certain names and emblems without prior permission from the Central government.
    • the petitioner argued, By associating their alliance closely with the nation itself, the political parties are seeking undue influence in the upcoming elections.
    • the petitioner asserted that the alliance’s actions violate the Model Code of Conduct for elections, specifically Class 1, which prohibits activities that aggravate existing differences and create mutual hatred among different castes, communities, religions, or dialects.
  3. The Madras High Court has impleaded its Registrar General (RG) as one of the respondent parties in the suo motu revision petition against the acquittal of Tamil Nadu minister for higher education, K Ponmudi and his family members in a disproportionate assets case.
  4. On Friday the Supreme Court sought the response of Delhi’s Lieutenant Governor Vinai Kumar Saxena on a plea by the Delhi government to re-operationalise a cashless accident victims’ treatment scheme.  (Government of NCT of Delhi and anr vs Office of the Lieutenant Governor of Delhi and ors)
  5. On Friday the Delhi High Court issued notice on a Public Interest Litigation (PIL) petition seeking a time-bound verification of the educational certificates of all doctors in the national capital.
  6. On Friday the Madras High Court directed a petitioner challenging the allotment of the lotus flower symbol to the Bharatiya Janata Party (BJP), to deposit ₹20,000 to prove his bona fide in the matter.
  7. Recently the Calcutta High Court stayed a defamation suit filed by the West Bengal’s Public Health Engineering Department Minister Pulak Roy against Bharatiya Janata Party (BJP) leader Suvendu Adhikari.  (Suvendu Adhikari vs Pulok Roy)
  8. On Friday the Supreme Court dismissed a plea by the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC) which had sought to initiate a fresh investigation against former Tamil Nadu Chief Minister Edappadi K Palaniswami.  (The Director of Vigilance and Anti-Corruption v. Edappadi Palaniswami and Anr)
  9. Recently the Delhi High Court restrained websites from using, in any form, the trademark of retail company Fabindia in relation to retail services or any other allied goods or services.  (Fabindia Ltd v. Ashok Kumar/John Doe & Ors)
  10. On Friday KM Asokan, the father of Hadiya whose conversion to Islam and marriage to a Muslim man had created a big furore across the country, has moved the Kerala High Court alleging that his daughter is being illegally detained by her husband Shafin Jahan and certain persons associated with him.
  11. Recently the Delhi High Court set aside the cancellation of the candidature and recommendation for the appointment of Disha Langan, a national-level shooter, to the Delhi Judicial Service (DJS). (Disha Langan v Delhi High Court)
  12. On Friday Supreme Court Bar Association (SCBA) president and Senior Advocate Dr Adish C Aggarwala has hit out at senior lawyers writing open letters to the Chief Justices of India (CJI) against alleged infirmities in the listing of cases at the apex court.
  13. The fourth day of the Winter Session 2023 of Indian Parliament saw questions answered on judicial appointments, the All India Judicial Services (AIJS) and funding of the India International Arbitration Centre (IIAC).
  14. On Friday the Supreme Court granted bail to Pernod Ricard India regional head Benoy Babu in connection with a money-laundering case arising out of the alleged Delhi excise policy scam.  (Benoy Babu vs Directorate of Enforcement)
  15. On Thursday the Union Minister of State (Independent Charge) for Law and Justice, Arjun Ram Meghwal revealed in Parliament  110 judges were appointed to High Courts in 2023.
  16. On Friday the Delhi High Court issued notice to the Bar Council of India (BCI) on an application seeking inclusion of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) as a compulsory subject in the curriculum for LL.B. courses.
  17. On Friday the Supreme Court took a dim view of the Calcutta High Court’s comments on the need for adolescent girls to “control” their sexual urges instead of “giving in to two minutes of pleasure”. (In Re: Right to Privacy of Adolescent)
  18. Recently the High Court of Jammu and Kashmir and Ladakh asked the office of the Director of Health Services (DHS) at Srinagar, Kashmir to pay ₹2 lakhs as costs for repeatedly filing frivolous cases to halt the execution of a decree passed by a trial court in 2003.  (Director Health Services and Another V/S Iqbal Ahmad Baqal)
  19. Recently the National Company Law Tribunal (NCLT) at Ahmedabad clarified that contributions due from a company to the Employees State Insurance Corporation (ESIC) do not fall under the category of “workers dues” under the Insolvency and Bankruptcy Code (IBC).
  20. On Friday the Supreme Court dismissed a plea by former ICICI Bank Chief Executive Officer Chanda Kochhar seeking the release of her retiral benefits by the private bank.  (Chanda Kochhar vs ICICI Bank Limited)

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