Karnataka Government files appeal against Jayalalitha’s acquittal, claims “arithmetical errors made the judgment illegal”

The Karnataka government filed a 2700 page petition on 23rd June saying that the Karnataka High Court’s judgment was a “farce”, and that “arithmetical errors made the judgment illegal”. The petition has also added that the judgment had resulted in “the miscarriage of justice” and should be quashed.It is to be noted that the Karnataka High Court had set aside the corruption...

Co-accused acquittal is not a ground to acquit the principal accused; SC [Read the Judgment]

While dismissing the appeal, the honourable Supreme Court held in a ruling that, “Just because the co-accused was acquitted of the charges, the benefit of the same cannot be also extended to the appellant.” The matter was presided over by division bench of Justice Abhay Manohar Sapre and Justice R K Agrawal. In the instant decision of Jagtar Singh v State of Haryana, the apex court...

Interview with Salman Khurshid ; There has been very little presentation of the fundamental concepts including the ‘Basic Structure in NJAC Hearing

Salman Khurshid is a designated Senior Advocate at the Supreme Court of India and a prominent politician. He is the son of Khurshed Alam Khan a former Union Minister of External affairs, Government of India, and maternal grandson of Zakir Hussain, the third President of India. Salman Khurshid was the Cabinet Minister for Law and Justice, and Minority Affairs in the Government of India. He was also made the Union Minister of External Affairs in the Government of India in the year 2012.He had his...

A backward class Hindu, who embraces Islam, can continue to claim Backward Class status for reservation; Madras HC

The Madras High Court has held in a recent judgment that a backward class (BC) Hindu, who embraces Islam, would continue to claim Backward Class status notwithstanding the conversion.Ayesha, born in a Hindu family, embraced Islam on November 28, 2005, and in August 2014 she obtained community certificate stating that she belonged to Muslim Labbai community. As per a July 19, 1994...

Exclusive; No executive interference can be allowed in the matter of judges’ appointment ; Nariman [Read the Written Submissions]

Fali S. Nariman, distinguished jurist, senior advocate and lead lawyer of those opposing the constitution of the National Judicial Appointments Commission (NJAC) which will replace the collegium system of appointing superior court judges, on Thursday scathingly accused the government of merely copying a Congress bill on the NJAC instead of using its own brains. "This government copied...

NJAC hearing postponed to July 7

The controversy over Justice Cyriac Joseph regarding his alleged below-par performance dominated proceedings in the NJAC case in the Supreme Court today with the Union Government challenging the data on the number of judgments delivered by the former judge during his tenure."My impression was correct. The information is incorrect. The information provided by the registrars of different...

A Tribute to Justice V. R. Krishna Iyer

Justice Krishna Iyer, in whose demise the Indian Bar lost a towering and somewhat mythical figure in the legal profession was a remarkable multifaceted personality, having experienced life from varied angles – as a lawyer practicing for a number of years in a Sub-Court at Tellichery, thereafter, at the High Court of Kerala, then as a Minister of the legendary first Communist Government...

The legacy of the Magna Carta

‘Does Magna Carta mean nothing to you? Did she die in vain?’ — so joked comedian Tony Hancock (1924-68) in Hancock’s Half Hour back in the 1950s.Clearly not. Far from dying, Magna Carta has had a life longer, fuller and more influential than the most optimistic medieval baron could have ever imagined.As the 800th anniversary of the Magna Carta is being celebrated today in Runnymede...

Asserting the Human Dignity: The Judgment of the Supreme Court of India in NALSA Case

The judgment of the Supreme Court of India delivered in the case of National Legal Services Authority v. Union of India on 15th April 2014 by a Division Bench comprising Justices K. S. Radhakrishnan and Dr. A. K. Sikri is a historical decision which will be a mile stone in the area of gender justice in the country and will have long term impact in the coming times. The verdict is a great...

The Leader of Indian Bar: Changing Horizons of the office of The Attorney-General for India

The Attorney General for India is a constitutional office and is held by a person qualified to be appointed a judge of the Supreme Court. The Attorney General continues in office “during the pleasure of the President,”[Article 76(4)] a dignified phrase that has its medieval origins in the notion of holding office “during good behaviour.” In actual practice it means until the AG enjoys...

Bar Scam Case; Legality of submitting Final Report before Legal Officers for legal Scrutiny and Expert opinion [Updated]

It is recently reported in media that “the probe into the (Kerala) bar bribery scam, allegedly involving (Keral) Finance Minister K M Mani, is nearing its end. The investigating officer informed the Vigilance Court here on Friday that the final report will be submitted after availing legal scrutiny and expert opinion. Vigilance SP Sukesan R, who heads the probe team, told the court that...

Controlling Thoughts by the Empire : Importance of Shyam Balakrishnan v. State of Kerala

"Where the mind is without fear and the head is held high: where knowledge is free ... Where the clear stream of reason has not lost its way into the dreary desert sand of dead habit: Where the mind is led forward by thee into ever widening thought and action let my country awake….".    It was with the above immortal words of Rabindranath Tagore, Justice O. Chinnappa Reddy concluded...