Courting #MeToo: Conspiracies And Conundrums

In 2014, when sexual harassment charges were brought before Justice Swatanter Kumar, retired Supreme Court judge, who was then functioning as the chairperson of the National Green Tribunal, he was quick to point out that the allegations were part of a deep rooted 'sinister' conspiracy to adversely impact his work as the chair of the tribunal where he dealt with 'sensitive' matters on a daily basis. The tribunal even passed a resolution that Kumar was being 'unjustifiably mob-lynched'. Kumar's...

Non-Advocate Power Of Attorney Can Be Permitted To Address The Court In Case Of Close Relative: Calcutta HC

"The right of appearance to appear in a particular case on the permission granted by the court under Section 32 of the Advocates Act 1961 is an exception to the right of practice by advocates."

Once Divorce Is Granted, Relief Can't Be Sought Under Domestic Violence Act: Bombay HC [Read Judgment]

The Bombay High Court has held that once a decree of divorce has been granted, relief cannot be sought by the wife under the Domestic Violence Act. Justice MG Giratkar was hearing a criminal revision application filed by a 42-year-old woman from Nagpur who challenged a judgment of the Judicial Magistrate First Class dated August 20, 2015. In the said judgment, the applicant...

Madras High Court Vacates Its TikTok Ban Order

The Madras High Court has vacated its earlier order that had directed prohibition of downloading TikTok Mobile Application. In the hearing that took place today, the bench comprising of Justice N. Kirubakaran and Justice SS Sundar said that it is concerned only about the crimes against children. It heard in detail the submissions made by the Amicus Curiae Arvind Datar and also...

Justice Bobde Panel Illegal; CJI Should Desist From Official Functions : Demands By Women Lawyers, Activists [Read Letter]

259 women comprising lawyers, scholars, members of women's groups and civil society have written to the judges of the Supreme Court of India seeking constitution of a Special Enquiry Committee comprising "credible individuals" to probe within 90 days the charges of sexual harassment levelled at the Chief Justice of India by a former court staff while also demanding that the CJI should...

Sexism In Courts: A Daily Reality

When a female senior advocate faltered with her arguments last week at the Madras high court, the judge asked her if she had had a busy morning in the kitchen that day. The entire court hall laughed at the supposed witticism.A human rights advocate with 20 years of experience, was appearing before the Karnataka High Court in a saree. She was wearing the lawyer's band as per the Bar Council rules. One of the judges on the division bench asked her why she wasn't wearing the collar along with the...

Why Dismissal Of SC Staff Who Alleged Sexual Harassment By CJI Is Disproportionate?

"Sentence has to suit the offence and the offender. It should not be vindictive or unduly harsh. It should not be so disproportionate to the offence as to shock the conscience and amount in itself to conclusive evidence of bias".

Enquiry Strengthens The Independence Of Judiciary

Yes we must stand rock solid with the Judiciary and the Judges . We must protect the Independence of the Judiciary too. What does this mean in the present context of a very serious charge of sexual harassment levelled by an employee of the court against the CJI ? We are told that there is a larger conspiracy to deactivate the CJI and wreck the independence of the Judiciary. We are also told that some left oriented and Congress oriented web portals and lawyers are raking up this issue to...

Open Letter To The Bar Council Of India

To the Chairman of Bar Council of IndiaApril 21, 2019 Respected Sir, There is nothing more pivotal to the Indian democracy and to the Indian Constitution than the rule of law. And the very essence of rule of law is that the law of the land is above everyone, including the judges of the Supreme Court of India. The manner in which the Supreme Court dealt with the allegations of...

Some Questions In The Wake Of A Matter Of Great Public Importance

A complaint of sexual harassment against the sitting Chief Justice of India was sent (along with an affidavit and other supporting evidence) to the other sitting judges of the Supreme Court of India asking for the constitution of an inquiry committee of senior retired judges to investigate and adjudicate these serious allegations. The legal institutional response to such a complaint as mandated under the "In-House Procedure" applicable to Judges of the Supreme Court and the High...

Allegations Against The CJI And Taking Up The Issue On The Judicial Side – Key Issues

Four online portals published a detailed account ofallegations made by a former Supreme Court employee against the current Chief Justice of India. The complaint and the response by the Secretary-General, Supreme Court was also published. CJI Gogoi as the master of the roster, today constituted a bench comprising of himself, Justice Arun Mishra and Justice Sanjiv Khanna as "In Re: Matter of great public importance touching upon the independence of the judiciary – mentioned by Shri Tushar...

Explained : Procedure To Challenge Election Result

"Eternal vigilance is the price of liberty"