Major Judgments Of Justice NV Ramana, New Chief Justice Of India

Justice NV Ramana took oath as the 48th Chief Justice of India on April 24During his term as a judge of the Supreme Court since Febraury 17,2014, Justice Ramana has dealt with several important cases relating to constitutional issues, fundamental rights, civil liberties, elections etc. Justice Ramana has also delivered several notable judgments in the filed of commercial law and arbitration. He has written 157 judgments till date.As Justice Ramana starts his judicial functions as the Chief Justice of India today, here is a look at some of the major judgments authored by him.Right to freedom of speech and expression over internet a fundamental rightJustice NV Ramana led the bench which heard the petitions challenging the internet curbs imposed in Jammu and Kashmir in the wake of the abrogation of its special status in August 2019. In the judgment delivered on January 10, 2020, in the case Anuradha Bhasin v Union of India, the bench held that right to freedom of speech and expression and right to trade over internet was a fundamental right. Restating the principles of proportionality, the judgment authored by Justice Ramana held that suspension of internet cannot be done for an indefinite period. The judgment held that authorities have the obligation to publicize the internet suspension orders with reasons. Additionally, the Court also laid down certain parameters with respect to curfews and held that "Section 144 CrPC cannot be used to suppress legitimate expression of opinion or grievance or exercise of any democratic rights".The bench did not order immediate restoration of 4G services but asked a committee under the Union Government to review the restrictions in the light of the principles in the judgment.Later, during the lockdown time, a second petition was filed in the Supreme Court challenging the decision of the authorities to continue with the denial of 4G services in J&K.In Foundation for Media Professionals v. State (UT of J&K), a bench led by Jusitce Ramana held on May 10, 2020 that fundamental rights have to be balanced with the concerns of the State security and appointed a Special Committee to ensure that restrictions, if required, are narrowly tailored and not permanent in nature.The 4G services were restored in J&K on February 5, 2021, nearly 550 days since the suspension of high speed mobile internet on August 5, 2019. UAPA does not affect the power of a constitutional court to grant bail on ground of right to speedy trialIn Union of India v KA Najeeb, a bench led by Justice Ramana held that Section 43D (5) of UAPA per se does not oust the ability of Constitutional Courts to grant bail on ground of violation of Fundamental Right to Speedy Trial.The bench observed that the rigours of the provision will melt down where there is no likelihood of trial being completed within a reasonable time and the period of incarceration already undergone has exceeded a substantial part of the prescribed sentence.Recognition for homemakers' contribution"The conception that house makers do not "work" or that they do not add economic value to the household is a problematic idea that has persisted for many years and must be overcome", Justice NV Ramana observed in a judgment in an appeal arising out of a motor accident compensation claim."The sheer amount of time and effort that is dedicated to household work by individuals, who are more likely to be women than men, is not surprising when one considers the plethora of activities a house maker undertakes. A house maker often prepares food for the entire family, manages the procurement of groceries and other household shopping needs, cleans and manages the house and its surroundings, undertakes decoration, repairs and maintenance work, looks after the needs of the children and any aged member of the household, manages budgets and so much more. In rural households, they often also assist in the sowing, harvesting and transplanting activities in the field, apart from tending cattle", Justice Ramana observed in the case Kirti vs. Oriental Insurance Company LtdSpecial Courts for trial of cases against MPs/MLAs; Directions for time-bound trialA bench led by Justice Ramana , while dealing with the issue of inordinate delays in criminal investigations and trials relating to elected politicians (MPs and MLAs) in the case of Ashwini Kumar Upadhyay v. Union of India, has passed numerous directions to streamline and expedite the same. The Court observed that such measures were necessary as "legislators are the repositories of the faith and trust of their electorate, there is a necessity to be aware of the antecedents of the person that is/was elected. Ensuring the purity of democratically elected institutions is thus the hallmark of the present proceedings".The bench also passed elaborate directions to ensure protection of witnesses in criminal cases against politicians.Post-conviction mental illness a ground to commute death penaltyThe Supreme Court has ...

Major Judgments Of Justice NV Ramana, New Chief Justice Of India

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