General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Nov 30, 2022

Bilkis Bano Challenges Supreme Court Order Allowing Gujarat to Apply 1992 Remission Rules

A review plea was filed by Bilkis Bano against the Supreme Court order of May 2022, where the Top Court allowed the state government of Gujarat to apply 1992 remission rules.
A writ petition was also filed by Bilkis Bano challenging the release of 11 convicts who were involved in the brutal murder and rape case during the Godhra riots.
The plea clearly mentions that the convicts should have not been released from the jail.
The Review plea mentions that it was the state of Maharashtra and not the state of Gujarat who should have taken the decision.
It mentions that the Remission Policy of state of Maharashtra would govern this case.
The matter was mentioned before the Chief Justice of India D.Y. Chandrachud for listing.

Nov 29, 2022

Supreme Court Suggests Bar Council of India to Suspend Licences of Agitating Odisha Lawyers

The Supreme Court suggested the Bar Council of India to suspend the licences of the lawyers, who have been striking in Odisha over their long-standing demand for a permanent bench of Orissa High Court in the western part of the state, at Sambalpur.
The Bench of Justice Sanjay Kishan Kaul and Justice Abhay S. Oka recommended the Bar Council to take action against the district bar associations, whose members had been involved in the protests.
Justice Kaul further told the agitating Advocates that there was no other option than to resume 100 per cent work.

Wakf Act Does Not Give Power to CEO to Declare any Property as Wakf Property: Rajasthan High Court

The Rajasthan High Court held that the Chief Executive Officer has no power under the Wakf Act, 1995 to issue any declaration of a property to be a Wakf property.
The Division Bench of Chief Justice Pankaj Mithal and Justice Sandeep Mehta allowed a PIL seeking removal of illegal possession and encroachment on Oran land of Patwar Area Asada, Tehsil Jasol, District Barmer by the respondent No. 4 (Rajasthan Board of Muslim Wakfs) and to question the legality and validity of the letter/ communication dated 08.01.2019 issued by the Chief Executive Officer of the Wakf Board to the District Collector, Barmer to register/enter the said khasra as Wakf property by exercising powers under Section 37 of the Wakf Act, 1995.

Nov 28, 2022

President Nominates Justice Sanjay Kishan Kaul of Supreme Court as Executive Chairman of NALSA

The President of India Droupadi Murmu nominated the Supreme Court Justice Sanjay Kishan Kaul as the Executive Chairman of the National Legal Services Authority (NALSA).
As per the Legal Services Authority Act of 1987, the Chief Justice of India is NALSA's Patron-on-Chief .
The President of the country with the help of the Chief Justice of India appoints an active or retired Supreme Court Judge as the Executive Chairman.
As per convention, the post of Executive Chairman of NALSA is always taken by the second senior judge of the Supreme Court.
It was earlier held by CJI DY Chandra during the tenure of UU Lalit, whereas Justice UU Lalit held this post during the tenure of former CJI NV Ramana.
Justice Kaul is the senior most judge after CJI. He has held the position of former Chief Justice of Madras High Court and Punjab and Haryana High Court.

Delhi High Court Changes its Roster of IP Division

The Intellectual Property (IP) Division of the Delhi High Court changed in its roster.
With effect from November 28, Justices C. Hari Shankar, Justice Sanjeev Narula and Justice Amit Bansal would deal with the IP cases.
Initially it was Justices Prathiba M. Singh, Navin Chawla and Jyoti Singh who were sitting as a part of the IP division.

Nov 27, 2022

SC Questions 'Lightning Speed' Appointment of Arun Goel as Election Commissioner

The Supreme Court questioned the Centre on Arun Goel's appointment as Election Commissioner and said his name was finalised at "lightning speed". A five-judge Constitution bench led by Justice K.M. Joseph while hearing petitions seeking reforms in the appointment of Election Commissioners, observed that Goel's file was cleared within just 24 hours.
After the Centre presented the original file of Arun Goel's appointment before the bench, the top court asked whether there was any reason behind the urgency to clear his file.
Advocate Prashant Bhushan, appearing for the petitioner, said that Goel was working as a secretary under the government till Friday. He then took voluntary retirement and was appointed as Election Commissioner the next day.

Nov 26, 2022

Apex Court Puts Stay on the Order by Calcutta High Court to Investigate Mastermind in Illegal App...

The Apex Court put stay in an order which was passed by the High Court of Calcutta directing the CBI to investigate as to who was the mastermind behind the application filed by the West Bengal School Service Commission for saving services from illegally appointed candidates.
A bench by Chief Justice of India D.Y. Chandrachud stayed the order by the High Court, which had also directed the personal appearance of the Principal Secretary of West Bengal Education Department Manish Jain.
Dr. Abhishek Manu Singhvi, who appeared for the State, said that although the petition is not listed for the day but he wanted urgent intervention as the Secretary of the Education Department had summoned by the High Court for examination.

Supreme Court Collegium for Transfer of 7 HC Judges

The Supreme Court Collegium recommended the transfer of the seven judges from four High Courts.
Those recommended to be transferred were Justice V.M. Velumani (from Madras High Court to Calcutta High Court); Justice Battu Devanand (from Andhra Pradesh High Court to Madras High Court); Justice D. Ramesh (from Andhra Pradesh to Allahabad High Court); Justice Lalitha Kanneganti (from Telangana High Court to Karnataka High Court); Justice D. Nagarjun (from Telangana HC to Madras HC), Justice T. Raja (from Madras HC to Rajasthan HC); and Justice A. Abhishek Reddy (from Telangana HC to Patna HC).
The name of Justice Nikhil S Kariel of the Gujarat High Court, who was earlier reported to have been recommended for transfer, didn't figure in the list. The Gujarat High Court Advocates' Association had protested against his proposed transfer.

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