Where Are We!

During a hearing, exasperated by the non-serious approach of some lawyers, a judge of the Supreme Court uttered, “Where are we, where are we!” This question hasn’t resonated ever so loudly.The philosopher aspect of Plato’s “philosopher king” is the modern judiciary. The attributes of independent thought and action, love of knowledge, intelligence, and reliability are what we look for in our justices. Independent judiciary is the most robust pillar of any democracy. This is the reason why we...

A Cathartic Episode For The Higher Judiciary In India

There is no doubt that January 12, 2018 will become a significant date in the judicial history of India. It is the first time that sitting Justices of the Supreme Court of India have directly addressed the media to draw attention to their concerns about the inner workings of this institution. The stakes have been raised considerably since this act of public criticism has come from the four senior-most Justices and could be narrowly construed as one that is specifically directed at the present...

Let The Dust Settle

Where Angels fear to tread let us not rush in. Let us not hurriedly make our value judgement on the Chief Justice or the companion judges in the collegium. That can wait. At the bar of history they and every one of us will be judged.The need of the hour has to be ascertained. The controversy is around the absence of a code for the "master of the roster" The expression is itself an anachronism. Except law there is no master anywhere in this republic wedded to the rule of law.. Conventions and...

'Master Of The Roster Or Upside Down'

A constitutional court is headed by the senior-most judge termed as the Chief Justice. In high courts, the Chief Justice is the Chief Justice of the High Court and not Chief Justice of that particular State. In the case of the Supreme Court, the Chief Justice, diametrically opposite to the position in the high courts, is the Chief Justice of India and not the Chief Justice of the Supreme Court. It is precisely why the responsibilities on the shoulders of the Chief Justice of India are very high...

The Radiance Of Justice HR Khanna Looms Over The Supreme Court- A Bright Day For Indian Judiciary

In a seemingly dark age where shadows of suspicion are being cast on the independence, integrity and credibility of the high judicial pedestals, the four senior judges of the Supreme Court has emerged today like the radiant sun, announcing courageously to the nation their refusal to let their souls be sold.The revelation through today’s press conference brings in hope to legal fraternity and to the people of the country. A hope that constitution will prevail over political will, over judicial...

Chief Justice Of India- Above Or Under The Law

Article 124 (1) of the Constitution of India declares that, “There shall be a Supreme Court of India constituting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.”[Which number has been increased to 30 vide Supreme Court (Number of Judges) Amendment Act, 2008]In 1950, the Supreme Court in Bharat Bank Ltd. v. Employees declared, “In other words, the foundations of this republic have been laid on the bedrock of justice. To...

Facebook Allowing Users To 'Like' Things Won't Confer Jurisdiction In The State Where The Webpage Is Viewed: Delhi HC [Read Judgment]

The Delhi High Court has ruled that mere hosting of a webpage on Facebook would not confer jurisdiction in the State where such page is viewed."...it is clear that merely hosting a web page on Facebook would not be sufficient to confer jurisdiction on a Court where the defendant does not carry on business. Merely because Facebook is an interactive site and permits the users to offer comments...

Magistrate Has No Express Or Implied Power To Direct Accused To Give Voice Samples For Investigation Purposes: Kerala HC [Read Judgment]

The Kerala High Court has held that there is no express or implied power conferred by the statute to the magistrate to direct the accused to give voice samples for the purposes of investigation. The ruling was rendered by a division bench comprising Justice AM Shaffique and Justice P Somarajan. While rendering the ruling, the division bench overruled an earlier decision of a single bench...

Kerala HC: Private Orphanages Have To Register Under JJ Act; But Aren’t Required To Meet Standards Prescribed In Model Rules [Read Judgment]

In a writ petition filed by the Association of Orphanages and Charitable Institutions, the Kerala High Court has said that orphanages run by private individuals or organization without any support or aid from the government are required to obtain registration under the Juvenile Justice Act 2015. However, the court also clarified that such private orphanages functioning without state aid were...

What Are We Eating? PIL In Bombay HC Seeks Policy To Prohibit Use Of Pesticides, Chemicals In Fruits, Vegetables [Read Petition]

A Mumbai-based NGO, Citizen Circle for Social Welfare and Education, has filed a public interest litigation before the Bombay High Court seeking directions for prohibiting usage of excess amounts of pesticides by farmers, usage of chemicals by street vendors of fruits and vegetables for artificial ripening, usage of growth hormones and pig fat by poultry farmers etc.The PIL also seeks an...

'Battle Of Banaras': Delhi HC Quashes CBFC's Refusal To Grant Certificate; Directs Fresh Scrutiny [Read Judgment]

The Delhi High Court, on Wednesday, quashed a decision of the Central Board of Film Certification (CBFC) which had refused to certify for public viewing a documentary chronicling the 2014 campaign for the Varanasi Lok Sabha seat involving Prime Minister Narendra Modi, AAP leader Arvind Kejriwal and Congress candidate Ajay Rai.Justice Sanjeev Sachdeva directed the Film Certification...

Lalu Prasad Sentenced To 3.5-Years Imprisonment In Fodder Scam Case [Read Judgment]

Lalu’s lawyer Prabhat Kumar said they would move the high court for bail after getting order of the judgment. The time Lalu spent in jail in connection with fodder scam case would be set off against the prison term. The CBI court on Saturday sentenced RJD supremo Lalu Prasad to three-and- half-year imprisonment each under various sections of Indian Penal Code and the Prevention of...