Salute To Justice Bhagwati By Senior Advocate Shekhar Naphade

Justice Bhagwati passed away on 15th June 2017 at the ripe age of 96. Judges get elevated to the Supreme Court and in due course they retire, but a few remain permanently etched in our memory. Justice Bhagwati would be long remembered for his contribution to the development of law for the purpose of advancing the cause of justice. His Lordship imparted to dry letters of law a touch of humanism. He took judicial activism in the right direction. Even those who were apprehensive about the judicial...

Contradictions, Confusions & Lighter Moments During Triple Talaq Hearing

The six-day hearing on triple talaq, which concluded on May 18, revolved mainly around the Constitutional safeguards enshrined in Articles 14 and 15 (gender equality and non-discrimination) at one end, protection to minorities guaranteed in Articles 25 and 26 at the other end, and the delicate balance between these two sets of fundamental rights.That each one of the senior lawyers, who addressed the Constitutional bench on behalf of their clients of different hues, divided broadly along the...

Dr. Neeru Chadha Becomes First Indian Woman To Be Elected As Judge Of The International Tribunal For The Law Of The Sea

Dr. Neeru Chadha has been elected as the Judge of the International Tribunal for the Law of the Sea (ITLOS), becoming the first Indian woman to be elected to ITLOS.Dr. Chadha was elected in the first round of voting, with 120 votes, the highest in the Asia Pacific group. The candidate from Indonesia got 58 votes, while those from Lebanon got 60 and Thailand got 86. The other three...

Recommendations Of The Law Commission Of India On Anticipatory Bail: A Lawyer’s Lament

The Law Commission of India has recently submitted its 268th report to the Government suggesting amendments to the provisions relating to bail in the Code of Criminal Procedure, 1973. The exercise, however, appears to be cosmetic and what was initially intended to be an attempt at a holistic legal engineering of the bail law has become only a piece meal and adhoc legal engineering.Inspired and influenced by the Bail Acts of UK, New Zealand, Australia and others countries the Government of India...

Testing Words To Find Their Utmost Power

We live in a time where most fields of human enquiry are mind-bogglingly complex.  Much of modern science is beyond the ken of an ordinary human being. It exists in the minds of a few brilliant scientists across the world, while the rest of us unquestioningly accept its conclusions. Increasingly, law as a discipline is moving in the same direction. Statutes keep getting longer and longer while judgments have become entirely unreadable.  For instance, once the 2016 amendments are cleared, Section...

Remembering Kirtee Kapoor (1971-2017)

All those who knew Kirtee Kapoor, personally and professionally, are yet to come to terms with the untimely, shocking and tragic end to his inspiring life. An Inlaks Scholar, Kirtee was one of the first of a new generation of lawyers trained in India to break the glass ceiling and become a Partner at one of the top international law firms.My journey of mentorship under Kirtee began while I was studying for Bachelors of Law (LLB) degree at Campus Law Center (University of Delhi) where he was my...

A Peep Into Justice Karnan’s Contempt Saga – III

The curious case of Justice Karnan’s contempt is still amusing everybody and the ‘ifs’ and ‘buts’ of the post conviction-sentence have been increasing day by day.In Part I of this series, I dealt with the conduct of Justice Karnan that led to his conviction (read here). In Part II, I attempted to answer a few questions of law raised by the whole saga (read here).In a quick flashback, Justice Karnan, who is a sitting judge of the Calcutta High Court, was found guilty by a 7-judge Supreme Court...

Freedom Of Intimidation

The epic judgment of the Madras High Court, penned by the inimitable Sanjay Kishan Kaul, the then Chief Justice of Madras High Court, in Perumal Murugan’s case, starts with a quote attributed to Voltaire:“I may not agree with what you say, but will defend to the death, your right to say it”.In India, there is no law guaranteeing freedom of the press or media. The general right to freedom of speech and expression granted under Article 19(1)(a) to any ordinary citizen is what shelters the Press...

Fee Structure For Tamil Nadu Self-Financing Medical Colleges Be Fixed By Puducherry Fee Committee: Madras HC Issues Notice [Read Petition]

A Petition has been filed before the High Court of Madras, demanding a declaration that the fee structure for self-financing medical and dental colleges for Post Graduation courses shall be fixed by the Puducherry Fee Committee. The High Court has issued notice to parties.The Petition, filed by Chennai based lawyer Mr. V.B.R. Menon, brings to the notice of the Court that there are 7...

Personal Laws And Supreme Indecision

In what appears to be a very impulsive decision, the Hon’ble Supreme Court decided to come to the rescue of Muslim women suffering under the yoke of triple talaq when it was brought to the “notice” of the Court about their suffering. The case that was being argued before the Supreme Court, when this decision was taken, had nothing to do with Muslim Personal Law. It was a matter pertaining to Hindu Law and a Hindu woman’s residual right to ancestral property. The Supreme Court proceeded to...

Naroda Patia Riots: Gujarat HC Bench To Visit Scene Of Offence, Warns Media Against Intervention [Read Order]

A Division Bench of the High Court of Gujarat has decided to visit the scene of offence in the 2002 Naroda Patiya massacre case. The Court has however, warned the media against “any intervention”, which it said would amount to interference with judicial proceedings.“Right from the beginning since the matters are being heard, the learned counsel for the respective parties have...

Kerala HC Personally Questions Organ Donor To Ascertain Genuineness Of Offer; Permits Organ Transplant [Read Judgment]

Unconventional methods often need to be adopted to render justice in cases presenting unusual fact situations, especially so when the matter tends to affect the life and existence of a person. The extra-ordinary jurisdiction of the high court under Article 226 is meant to address such complex situations.The intervention made by the High Court of Kerala to facilitate organ transplant to a...