PIL against FTII strike: Bombay HC issues notice to Centre, FTII student leader

The Bombay High Court today issued notice to the Union I&B and Home ministries, the Maharashtra Government and Vikas, student leader of Film and Television Institute of India (FTII) on a PIL seeking to put an end to the ongoing strike at the Pune-based film institute.Students have been protesting since the Union Government appointed TV actor and BJP member Gajendra Chauhan as the chairman...

High Court vacancies increase to 39% of approved strength

With the National Judicial Appointment Commissions verdict in place, the system for appointment of elevation of Judges needs to be re-instituted, in order to take care of the vacancies in the High Courts of the country, which have crossed the mark of 400.The vacancies in the High Courts of the country account for 39% of the total approved strength of Judges for the High Courts. The...

Munsiff-Magistrate selection fiasco – Delaying justice?

The Munsiff-Magistrate selection process conducted by the Honourable High Court of Kerala during 2013 was challenged with serious allegations by Adv Kiranlal of Kollam through Writ Petition (C) No: 17185/2014 which was dismissed by a learned Single Judge who held that the High Court in its administrative side didn’t go wrong. The Petitioner who appeared for the examination chose to go in appeal before the Division Bench. The prime allegation of the petitioner was that a second valuation was...

Collegium: Not the fault inherent; but corrective

There are as many criticisms against the method of Judge’s appointment and critics are mainly on attacking the foundation of so called ‘judge made system” of judge’s appointment. But the present system of collegium is not mooted by the Judges, but the Law Commission as per its 80th report submitted on 10-08-1979, suggested the system to improve the then selection process of Judges. Renowned Jurist and former Chairman of Law Commission Justice H R Khanna has a major role in recommending the...

High Courts weekly round-up

Delhi High CourtThe Delhi High Court on Wednesday dismissed a Public Interest Litigation demanding that guidelines be framed regarding publication of complete and segregated research results in clinical trials on humans in accordance with the norms of WHO published in April, 2015 on the issue. The Bench comprising Chief Justice G. Rohini and Justice Jayant Nath dismissed the Petition...

Collegium Wapsi & the journey from Assembly debates to 4th Judges Case – A Sketch

“Let judges also remember that Solomon’s throne was supported by lions on both sides: Let them be lions, but yet lions under the throne; being circumspect that they do not check or oppose any points of sovereignty”Francis Bacon, ‘Of Judicature’BackgroundIn a path breaking judgment stretching to over 1000 pages, a Constitution Bench of the Supreme Court comprising of 5 judges (all of whom have penned words in sequence of seniority) in SCAORA v UOI (4th Judges Case) with a majority of 4:1 declared...

Rs. 1000 for Urgent Circulation of Criminal Appeal; Bombay HC acquits its employee from Bribe Charges [Read Judgment]

The Bombay High Court employee, Sridhar Chavan, was acquitted of corruption charges against him owing to illegalities involved in trap along with inconsistencies in the prosecution evidence.Chavan who was a Chobdar in the High Court establishment in his criminal appeal against the order of the Special Judge for Greater Mumbai had assailed his conviction under Section 7 and section 13(2) read...

Delhi HC dismisses PIL demanding guidelines for release of segregated research results in Clinical Trials on Humans [Read Judgment]

The Delhi High Court on Wednesday dismissed a Public Interest Litigation demanding that guidelines be framed regarding publication of complete and segregated research results in clinical trials on humans in accordance with the norms of WHO published in April, 2015 on the issue.The Bench comprising Chief Justice G. Rohini and Justice Jayant Nath dismissed the Petition observing that "the...

Malegaon Blast Case: Former Special Prosecutor names the envoy who asked her to "go soft" against the accused

In the contempt proceedings against National Investigation Agency for weakening the Prosecution case in the trial of the 2008 Malegaon blasts, the Former Special Prosecutor Rohini Salian has deposed that it was Suhas Warke, a Superintendent of Police in the NIA, who persuaded her to “go soft” against the accused. reports Indian Express.She said that the incident happened in the second...

Delhi HC appoints a Welfare Officer as Guardian ad litem (GAL) to look after a Minor Girl raped by her brother; [Read Judgment]

Delhi High Court recently appointed a welfare officer to look after a 16 year girl allegedly raped by her brother. The Bench was hearing a writ petition filed by the father of the victim- girl under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, seeking a direction to release her from Paripurna Jeevan Shelter Home.According to the Petitioner,...

Article 370-Special status conferred to Jammu & Kashmir is irrevocable, says High Court of J&K

A Division Bench of the High Court of Jammu and Kashmir observed that Article 370 of the Constitution of India which confers special status to the state of Jammu and Kashmir cannot be altered any further by way of abrogation, repeal or amendment, reports Indian ExpressThe Bench which comprised of Justice Hasnain Masoodi and Justice Janak Raj Kotwal was considering a question of...

High Courts Weekly Round-up

Delhi High CourtDelhi High Court came to the rescue of a 19 year old NRI transgender, who had approached the Court alleging that her parents had forcibly brought her to India and got her enrolled in an educational institution in Agra so that she could be reformed and taught to be a “normal girl”. The Court directed the Police to escort her to the Delhi Airport so that she could return...