Collegium System Must Be Re-evolved

The facts highlighted by Justice J Chelameswar, in his letter addressed to the Chief Justice of India, need very serious and immediate consideration because of a growing fear all around that a big tussle is going on between the Executive and the Judiciary. Appointment of judges to the High Courts and the Supreme Court cannot be reduced to a mechanism of utmost secrecy, known only to four or...

10 Significant Guidelines Issued by Supreme Court on FIR

The Supreme Court of India Today in Youth Bar Association of India Vs Union of India and Others has issued 10 important Guidelines on First Information Report.The Bench comprising of Justices Dipak Misra and C.Nagappan has issued the following Guidelines(a) An accused is entitled to get a copy of the First Information Report at an earlier stage than as prescribed under Section 207 of...

States, UTs Must Upload FIRs On Websites Within 24 Hrs: SC [Read Order]

States located in difficult terrain have been given relaxation and must upload the FIRs within 72 hours.In a path-breaking judgment, the Supreme Court on Wednesday directed that the copies of the FIRs, unless the offence is sensitive in nature, like sexual offences, offences pertaining to insurgency, terrorism and of that category, offences under POCSO Act and such other offences, should...

Availability Of Alternate Remedy Not A Ground To Bar Petition U/s 482 CrPC: SC [Read Judgment]

A three-judge Bench of the Supreme Court on Tuesday in Prabhu Chawla vs State of Rajasthan clarified that the availability of remedy under Section 397 CrPC would not make a petition under Section 482 CrPC not maintainable.The Bench comprising Justice J. Chelameswar, Justice Shiva Kirti Singh and Justice Abhay Manohar Sapre was hearing appeals filed by Prabhu Chawla and Jagdish...

MCI Case: SC Rejects Allegations Against Lodha Panel [Read Order]

A charge leveled by Vyapam whistle blower Anand Rai that the apex court-appointed oversight panel headed by former Chief Justice of India R M Lodha had overshot Medical Council of India and Health Ministry's disapprovals and allowed several medical colleges to admit students was rejected by the Supreme Court today.A bench comprising Justices A R Dave and L Nageswara Rao did not approve of...

SC Agrees To Examine Whether Corporate Bodies Can File Criminal Defamation Cases

The Supreme Court’s verdict is expected to strike a careful balance between Article 19 of the Constitution and the right of corporate bodies to file criminal defamation case for alleged damage to reputation.  The Supreme Court on Monday agreed to examine the question whether corporate bodies can initiate criminal defamation proceedings. A bench headed by Justice J.S. Khehar asked...

Transparency In Collegium System: Former SC Judges Laud Justice Chelameswar’s Stand

The judicial circuit is abuzz with talks of Justice Chelameswar’s decision to boycott collegium meetings and his insistence on recording of the minutes.  His definitive stand on transparency and accountability in the appointment of judges has primarily been lauded by former judges of the Supreme Court with contemplations based on prior experience.Justice J. Chelameswar, the fifth...

Sedition: SC directs authorities to follow Kedar Nath Judgment [Read Order]

Supreme Court of India has today issued a direction to all the concerned authorities to follow the Constitutional bench judgment in Kedar Nath v State of Bihar (1962) which limited the scope of Sedition Law (Section 124A) in India. The Supreme Court has said that all authorities would be bound by the Kedar Nath judgment when dealing with cases of sedition. With the above observation the...

Justice Chelameswar and Transparency in the judiciary: An Open Letter to CJI

Subject : Justice Chelameswar and Transparency in the judiciary.5 September, 2016Justice T.S. Thakur,Chief Justice of India.Dear Sir,I am writing this letter in the spirit of seeking an improvement in the working of the judiciary, and not as an exercise of criticism. India has not been able to deliver the fruits of democracy as per the aspirations of ‘we the people’. I would submit that...

Supreme Court Weekly Round-Up

VRS: It is not open for the Employees to withdraw the Application after the stipulated last dateThe Supreme Court in Madhya Pradesh State Road Transportation Corporation vs. Manoj Kumar & Anr. Held that Voluntary Retirement Schemes (VRS) are contractual in nature and the option to opt for them constituted as an ‘invitation to offer’ and not an ‘offer’ themselves. The Bench of...

SC collegium’s biggest crisis as Justice Chelameswar refuses to attend its meetings

Justice Jasti Chelameswar’s revolt against the Supreme Court’s collegium, reported exclusively by the New Indian Express, is the story of the day. Justice Chelameswar is reportedly of the view that there is no point in attending the collegium’s meetings, as long as its deliberations are kept under wraps.Justice Chelameswar, by his refusal to join the rest of the collegium on principle,...

Barren Surrogacy Bill prescribes the ideal “Parivar”

In an effort to safeguard the rights of the surrogate mother and regulate the commissioning of surrogacy, the Union Cabinet on last Wednesday cleared the draft Surrogacy (Regulation) Bill, 2016, to be introduced in the Parliament.Once in place, the Bill will impose a blanket ban on commercial surrogacy in India and instead only altruistic surrogacy would be permitted. Streamlining further,...