Madras HC recalls order directing Mediation in Rape Case

In a welcome move, the Madras High Court has recalled its July order through which it had granted interim bail to a rape convict and urged the victim and the offender to try a compromise by mediation. The convict has been asked to surrender by July 13.Keeping in view Supreme Court’s order dated July 1; Justice P. Devadass has ordered to stop the mediation preparations.Last month, a man,...

NJAC : Dhawan and Jethmalani defends Collegium system [Read the Jethmalani’s written response to AG-Part 2 & 3]

After creating a flutter with his comments on Tuesday that MPs grasped very little about the implications of the National Judicial Appointments Commission, Ram Jethmalani went one step further in his defence of the collegium system and asserted in his (written) response to the written submissions of the Attorney General that he has not seen a single judge who can be compared with the worst...

Attorney General Mukul Rohatgi appears for Kerala bar owners; Case adjourned to July 28

Attorney General Mukul Rohatgi today entered appearance for the Kerala bar owners in the appeal filed by them in the Supreme Court of India against the judgment passed by a Division Bench of the Kerala High Court order upholding the state government's liquor policy confining bar licenses only to five star hotels.He submitted that he had secured special permission from the Union Government...

Senior Counsel Arvind Datar says NJAC is ill-conceived, offends “Rule of Law”

With the both sides wrestling it out before the Constitution Bench of the Supreme Court, the Bench yesterday demanded to know the Centre’s stand on allegations of violation of the federal structure by certain provisions of the National Judicial Appointments Commission.The Court sought the Centre’s stand on the issue after senior counsel Arvind Dattar, representing Madras High...

The Indian Press has to maintain secular credential while discharging public function; Kerala HC

The High Court of Kerala, considering a case (Inter Media Publishing Ltd vs. State of Kerala - WP(C).No. 10727 of 2013) where a Malayalam newspaper by name “Thejass” was denied Governmental advertisements on the ground of it propagating extremist ideology and thereby creating communal divisions in the Society at large, has in a pellucid judgment observed that the Indian Press has to...

Writs will not lie against the Judiciary acting on its judicial side, rules the Supreme Court

The Supreme Court of India in a recent judgment Riju Prasad Sarma etc. Vs. State of Assam & Ors.(CIVIL APPEAL NOS.3276-3278 OF 2013)  has laid down the law that the judiciary in India, acting on its judicial side cannot be considered as a State under Article 12 of the Constitution, and that only when the courts deal with their employees or act in other matters purely in...

Supreme Court transfers all Cases related to VYAPAM to CBI

Supreme Court of India Today transferred all Cases relating to Vyapam Scam and related Deaths to CBI for investigation.There were four petitions pending before the Apex  Court including that of Congress leader Digvijaya Singh, whistle blower Anand Rai, Aam Aadmi Party (AAP) leader Kumar Vishwas and an NGO. The Bench headed by Chief Justice of India H L. Dattu also issued notice to the Centre...

ISRO Espionage Case; Supreme Court issues notice on Nambi Narayanan’s Appeal [Read the SLP and Today's Order]

A two Judge Bench of the Supreme Court of India comprising of Justice Dipak Misra and Justice Prafulla C. Pant has issued notice on Appeal filed by Ex-ISRO Scientist Nambi Narayanan. Mr.Narayanan has approached the Supreme Court seeking action against Mr. Siby Mathew (former DGP and present Chief Information Commissioner, Kerala), and two retired Superintendents of Police, K.K. Joshua and...

Breaking; CJI Dattu constitutes 5 members Committee to look in to the Grievances of SCBA; GBM postponed by 6 weeks [UPDATE-2]

Chief Justice of India has constituted a five members Committee of Supreme Court Judges to look in to the Grievances of members of Supreme Court Bar Association. The Committee is comprised of Justice Anil R Dave, Justice JS Kehar, Justice Dipak Misra, Justice R.F. Nariman and Justice U.U.Lalit. Pursuant to this the General Body meeting postponed by 6 weeks.In the meeting SCBA President...

Indira Jaising challenges method of designating Senior Counsels by SC; calls it non-transparent and arbitrary

Senior Advocate Indira Jaising has filed a petition in the Supreme Court of India, challenging the non-transparent and arbitrary method of designating of Senior Counsel by the Supreme Court of India.According to a Press Note dated July 7, 2015, released by Jaising, the Petition submits that “the system of two classes Advocates stands on a premise of “excellence in Advocacy”. However,...

A Magistrate cannot order further Investigation by another agency ;SC [Read the Judgment]

The Supreme Court of India in a recent judgment [Chandra Babu @ Moses Vs. State through Inspector of Police, dated July 7, 2015] has held that a Magistrate does not have the jurisdiction to direct fresh/further investigation by another agency other than the one which had originally investigated the Case.The Supreme Court was examining the legality of an order passed by the Madras High Court...

Exclusive; NJAC; AG’s submissions are wholly wrong; Jethmalani [Read the full text of his response to AG’s submissions]

Senior Advocate and noted Jurist Ram Jethmalani lambasted the written submissions made by Advocate General Mukul Rohatgi before the Constitution Bench hearing the validity of National Judicial Appointment Commission (NJAC). He was appearing for intervener Advocate Ashish Dixit. He submitted that the Attorney General’s submission is "wholly wrong in thinking that the independence of judiciary...