A Peep Into Justice Karnan’s Contempt Saga – II

Recently, I wrote about the conduct of Justice Karnan that led to his conviction and sentence for contempt of court by the Supreme Court (read here). I also raised 10 questions surrounding the whole issue and in this piece, I will attempt to answer those.With the detailed judgment still awaited; as per news reports, Justice Karnan has approached the Supreme Court seeking recall of the judgment convicting him. He also refused to tender an unconditional apology and also approached the President...

See You In Court” Or “See You Out Of Court”? A burdened Judicial System; Can ADR System Be An Answer? Part II

OVERVIEW The practice of amicable settlement of disputes is as ancient as the Vedic civilization when disputes between members of a particular occupation or community/area were resolved by elders through a council of village known as panchayats.The panchayats dealt with a variety of disputes - contractual, matrimonial, even criminal in nature (The Law and Practice of Arbitration and Conciliation, OP Malhotra, second edition, 2006).The decision of the panchayats was respected and hence a...

Can We Not Do Better [Part-II] A Proximity Card For Management Skills To Enter The Supreme Court

Is this the way to write a serious article? My lawyer children -Raghenth and Liz, took me to task after reading my thoughts on this wall of the need to usher in a new work culture for the men in black robes. Half sentences and informality ruling the roost!!!, they taunted me.Sorry, let me confess. I am writing no formal article at all. Just expressing my thoughts and concerns. Enough of unread prose has already been written by me and I have exhausted my quota of the same for this life during the...

Data Protection In India

People are increasingly making their personal information available publically. Today there is an unprecedented amount of personal data available with Government and Private Sector Players. Digital India, Aadhaar and Demonetization drives have added to the already growing pool of personal data with various public and private players to pursue their activities. Indian law does not define personal data. The same has been defined by EU’s general data protection guidelines [REGULATION (EU) 2016/679...

Arbitrability Of Disputes And Alternative Standard Of Tests

While the importance of Arbitration as an important avenue for resolution of dispute has consistently been emphasised by the Indian judiciary through various judicial pronouncements there still exists a considerable lacunae in the interpretation offered towards the advancement of this thought process. In more than a few instances, the intervention of judiciary has proved to be an unwanted thorn in ensuring the much-needed consistency within the discourse. The necessity for coherent and logical...

Bolstering Protection To Police From Prosecution- Has S.197 (1) Cr PC Become Meaningless By Notification U/S 197 (3) Thereof?

INTRODUCTIONIs previous sanction necessary to take cognizance of offence committed, while acting in discharge of their official duty, by the police officers, who are removable from service save not with the sanction of the Government? What is gamut of the notification issued by the State Government of Kerala under section 197 (3) of the Code of Criminal Procedure, 1973 (the Code, for short)?The trial is the tool to ascertain the complicity of the accused. It is, therefore, telling aye to proceed...

Fast Track Arbitration: Another Theory To Be Tested Under The Arbitration And Conciliation (Amendment) Act, 2015

The overarching purpose of the 2015 amendment to the Arbitration and Conciliation Act, 1996 (AC 1996) is to make arbitration in India an effective process by introducing enabling provisions that would  assist in speeding up the resolution process. Section 29B of the AC 1996 is one such example.Provisions on fast track procedures are common and several arbitral institutions provide for it. The primary objective of fast track arbitration is to adhere to strict timelines and reduce procedural...

Supreme Court Recognises Parental Alienation Syndrome

This is a familiar story in Family Courts in India. Court grants custody of the minor child normally to the mother. The stronger and wilier parent (usually the husband) usurps the child’s custody in defiance of the court orders. The mother having full faith and hope in the justice system knocks at the doors of the Court and even Law Enforcement Agencies. Nothing really happens. Instead of the restoration of the custody, the critical question of usurpation is deluged with frivolous applications...

Locating Triple Divorce In Classical Islamic Jurisprudence

The Supreme Court is hearing a petition on triple divorce wherein the practice is pitched to be unconstitutional and against fundamental human dignity.Media has played a significant role in making it ‘Muslim women versus Muslim community’ narrative.Politicians behave like messiah to score electoral brownies before declaring that the issue must not be politicized. The All-India Muslim Personal Law Board (AIMPLB) has been unreasonably sticking to the legal validity of triple divorce under the...

Complete Prohibition Of Child Labour: Still A Distant Dream?

“In the little world in which children have their existence, whosoever brings them up”, Charles Dickens wrote in Great Expectations, “there’s nothing so finely perceived and so finely felt, as injustice”.What Dickens wrote is evident from the fact that India is home to 33 million child labourers in the age group of 0–18 years (Census 2011).This unjust reality is contrary to the assertion that “India i.e. Bharat, is the Union of States and consists of its children and those under privileged...

A Peep Into Justice Karnan’s Contempt Saga - I

Alexander Hamilton in the famous Federalist Papers called judiciary the ‘least dangerous branch’. Perhaps it was then. It is not the case today.Be it a retired judge of the Supreme Court, a multi-billionaire businessman, regular state machinery or a sitting high court judge, the judiciary carries a tool to execute its orders and to protect its dignity –  contempt of court.Contempt is chiefly civil or criminal. Civil contempt refers to willful disobedience of an order passed by a court. Criminal...

SC Order On Justice Karnan A Dangerous Precedent: Indira Jaising

Can contempt powers be used to circumvent the provisions of Article 124 read with Article 217 of the Constitution? Does the removal of judicial functions of a judge not amount to removal of a judge? Does sending a judge to prison not amount to removing him from performance of his duties of office?The order in contempt sets a dangerous precedent where the Supreme Court can remove any judge of a high court or indeed of the Supreme Court in contempt powers and do indirectly what they cannot do...