SC dimisses PIL seeking to challenge appointment of CAG; asks to approach HC

The Supreme Court today disposed a PIL [Writ Petition (Civil) 426 of 2013] seeking to challenge the appointment of Shashi Kant Sharma as the Comptroller and Auditor General of India (CAG) of India. The petitioners included former Chief Election Commissioner N Gopalaswami and former Chief of Naval Staff Admiral (retired) R H Tahilian.A bench headed by Chief Justice Altamas Kabir said,...

CIC rejects Perarivalan‘s plea seeking reasons for the rejection of his mercy petition, Allowed to access the Jain and Verma Commission Reports

The Central Information Commission (CIC) has turned down A G Perarivalan’s petition to seek reasons for the rejection of his mercy petition by the president. A G Perarivalan is a death row convict in Rajiv Gandhi assassination case.The CIC dismissed his plea on the ground that the reasons for the rejection of his mercy petition were part of the advice tendered by the Council of Ministers to...

CIC directs the Supreme Court to disclose all correspondence between CJI, PM on RTI

The Central Information Commission of India has directed the CPIO, Supreme Court of India to disclose the correspondence between the Chief Justice of India and the Prime Minister since the year 2005 on the subject of right to information.The CPIO has been directed to revisit the records and bring to light any particular file in which such correspondence on the subject of right...

Justice B Bhatacharya not elevated to SC for opposing elevation of CJI Kabir’s sister to Cal HC

Justice Pinaki Chandra Ghose and Justice Kurian Joseph were recently elevated to the Supreme Court overlooking the seniority of three other judges, namely Justices Barin Ghosh, Mohit Shantilal Shah and Bhaskar Bhattacharya. Among the three judges who were ignored, Justice Bhaskar Bhattacharya (present Chief Justice, Gujarat High Court) needs a special mention. Allegedly, he was not elevated...

Undertrial Politicians can no more contest elections behind bars (Download Judgment)

In a judgement having far reaching consequences, the Supreme Court has held that; a person who is in jail or police custody cannot contest election to legislative bodies. A two judge Bench comprising of Justices A K Patnaik and S J Mukhopadhayay said, "Only an 'elector' can contest the polls and he/she ceases the right to cast vote due to confinement in prison or being in custody...

Coalgate Case: SC seeks details from Central Government; Questions CBI

The Supreme Court has said that CBI is "struggling" in the Coalgate probe in the absence of documents not being supplied to it by the Central Government in connection with the allocation of 204 coal blocks. A bench headed by Justice R M Lodha observed "Regarding everything there is nothing on record. CBI is struggling as there are no documents in its possession." He also added "I am sorry to...

Something is rotten in Punjab and Haryana High Court

Nine judges of the Punjab and Haryana High Court have relatives appointed as law officers in Punjab and Haryana. Further, relatives of the Haryana Lokpal and retired judges have been appointed in the office of the Advocate Generals of Punjab and Haryana (AG), reports The Tribune.Among the serving judges, Justice Ritu Bahri, Justice M S Sullar, Justice N K Sanghi, Justice R S Malik, Justice R...

Law breakers cannot be Law makers anymore; Supreme Court declares Section 8(4) of the Representation of the People Act Unconstitutional

The Supreme Court today struck down sub section (4) of Section 8 of the Representation of the People Act, 1951 as ultra vires the Constitution. This particular section protects convicted legislators against disqualification on the ground of pendency of appeal against their conviction in the higher courts.The section read as follows:8. Disqualification on conviction for...

Exclusive: NLSIU says Sidharth Chauhan was never 'dismissed'; RTI replies open up Pandora's Box

In February 2013, National Law School of India University (NLSIU) had dismissed Sidharth Chauhan from his position as a 'Visiting Faculty' member without giving any reasons. Sai Vinod had filed (on behalf of Prashant Reddy, NLSIU alumnus) an Right to Information (RTI) application asking the reasons for dismissal of Chauhan. The Central Public Information Officer (CPIO) has now...

Mother tongue and Regional language can be imposed as the medium of instruction at Primary Education; Matter referred to Constitution Bench

Can the State impose mother tongue and the regional language as the Medium of instruction at Primary Education? Two Hon’ble Judges of the Supreme Court felt that there should be more authoritative pronouncement   on the issue by Constitution Bench of the Court.According to the Court, the vital question involved in this petition has a far-reaching significance on the development of...

No more mechanical addition of Murder charges in Dowry Death Cases

In a significant Judgment, the Supreme Court has practically put an end to the practice of mechanically adding the charge of Murder (S.302 IPC) in all Dowry Death Cases(S.304 IPC) by Trial Judges following a blanket directive of the Supreme Court in Rajibir v. State of Haryana (AIR 2011 SC 568).It was on 22nd November 2010, the Bench headed by Justice Katju, along with Justice Gyan Sudha...

Kerala High Court Advocates Association Releases Android App for High Court Case Status

The Kerala High Court Advocates Association has released an Android App called Kerala High Court Case Status. This application brings the court case number status which flashes on the LCD displays at the Kerala High Court, directly to the users’ smart phones. In effect, the application displays the court status of all the courts inside the Kerala High court.Quite obviously, this will prove...