General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Oct 11, 2022

Justice Ali Mohammad Magrey Will be the Chief Justice of the Jammu & Kashmir and Ladakh High Court

The Central government notified the elevation of Justice Ali Mohammad Magrey as the Chief Justice of the Jammu & Kashmir and Ladakh High Court.
In the meeting by the Supreme Court collegium, headed by the CJI UU Lalit, the elevation of the officer was recommended.
The sudden decision was taken in the wake of the transfer of Justice Pankaj Mithal.
Justice Ali Mohammad Magrey was born on December 8, 1960.
He enrolled himself as an advocate in the year 1984 and started to practice law in the district courts, including revenue courts/ tribunals and also in the High Court.
In March 2013, he was appointed a judge of the Jammu and Kashmir High Court.

Central Government Notifies Elevation of Justice P.B. Varale as Chief Justice of Karnataka High C...

The Central government notified the elevation of Justice P.B. Varale of the Bombay High Court as the Chief Justice of Karnataka High Court.
The elevation of Justice PB Varale was recommended by the Supreme Court collegium which was headed by the Chief Justice of India UU Lalit.
Along with Justice Varale, three senior judges of the Bombay High Court were recommended to be elevated as chief justices of other high courts or as Supreme Court judge.
Justice Varale, who is the senior-most judge at Bombay High Court, was enrolled as an advocate in August 1985 and had the opportunity to have practised under advocate SN Loya during his initial years.
Justice PB Varale has also served as a lecturer at Ambedkar Law College in Aurangabad till 1992.
Justice Varale will be the fourth judge from Bombay High Court to become the Chief Justice in Karnataka.

Supreme Court Pulls up West Bengal Government over Re-appointment of Calcutta University Vice-Cha...

The Supreme Court came down heavily on the West Bengal government, stating that in order to re-appoint Sonali Chakravarti Banerjee as Vice-Chancellor of the Calcutta University, the state had 'usurped' the powers of the Chancellor (State Governor).
The Bench of Justice D.Y. Chandrachud and Justice Hima Kohli disposed off the pleas filed by the West Bengal government and Banerjee, challenging the Calcutta High Court verdict, which had set aside the State government's decision to re-appoint Banerjee as the VC of CU.
The Apex Court did not find any fault with the High Court order and noted that it was correct both in facts and in law.
The Bench observed that the State, in order to remove the obstacles which could have arisen due to statutory restrictions, misused the 'removal of difficulty' clause under the Calcutta University Act, and usurped the power of the Chancellor to make the appointment.

Oct 10, 2022

Supreme Court Dismisses Plea Filed Challenging Karnataka High Court Order to Abolish the Anti-Cor...

The Supreme Court dismissed the plea filed by the private complainants challenging the order by the Karnataka High Court that abolished the Anti-Corruption Bureau (ACB) established by the State government in 2016.
The Karnataka High Court on August 11 abolished the ACB, stating that it was established by the State government in a bid to shield corrupt politicians, ministers and officers from the watchful eyes of the Lokayukta.

Oct 09, 2022

Central Government Gives Clearance to 6 Judicial Officers as Additional Judges of Bombay High Court

Six judicial officers got clearance as Additional Judges of Bombay High Court from the Government of India.
The six new judicial officers are Sanjay Anandrao Deshmukh, Yanshivraj Gopichand Khobragade, Mahendra Wadhumal Chandwani, Abhay Sopanrao Waghwase, Ravindra Madhusudan Joshi and Vrushali Shubhangi Vijay Joshi.
The Bombay High Court is presently functioning with 43 permanent and 18 additional judges.
With the six names now cleared by the Central Government, the number of judges in Bombay High Court will rise to 67 judges. The sanctioned strength of the High Court is 94 judges.

Petition Filed in Supreme Court for Declaring All Forms of Unilateral Extra-judicial Talaq as Unc...

A Muslim doctor approached the Apex Court requesting for declaring all forms of unilateral extra-judicial Talaq including Talaq-e-Kinaya and Talaq-e-Bain" as unconstitutional and void for being arbitrary, irrational and against the fundamental rights to equality, non-discrimination, life and freedom to practice religion.
The petition was filed by Dr. Syeda Ambreen who has asked the Court to direct the Centre for framing guidelines for a gender and religion neutral uniform grounds of divorce with uniform procedure of divorce for all citizens.

Oct 08, 2022

Centre Appoints Justice Dinesh Kumar Sharma as Presiding Officer of UAPA Tribunal

The Centre appointed Justice Dinesh Kumar Sharma of the Delhi High Court as the Presiding Officer of the Tribunal for the Unlawful Activities (Prevention) Act (UAPA), related to the ban on the Popular Front of India (PFI) and its associates.
Once an organisation is banned under the provisions of UAPA, a tribunal is set up by the government to adjudicate whether there are sufficient grounds for the decision.
Justice Sharma was appointed as a judge of the Delhi High Court on 28th February, 2022, after being elevated from the Delhi Higher Judicial Service.

Govt. Asks CJI Lalit to Name Successor

As per reports, the government has written to Chief Justice of India Uday Umesh Lalit to name his successor.
As part of the procedure, the Law Minister writes to the CJI to name his or her successor.
Justice Lalit retires as the CJI on November 8.
Justice D.Y. Chandrachud is the senior-most judge after the CJI.
As per practice, the CJI names the senior-most judge as his or her successor.
Going by the established practice and convention, Justice Chandrachud would be the 50th CJI.

Manipur High Court Closes PIL Highlighting Difficulties Faced by Myanmar People

The Manipur High Court closed a Public Interest Litigation (PIL) filed highlighting the difficulties being faced by people from Myanmar who were taking shelter in the state of Manipur.
The Petition filed by the practicing Advocates of the High Court further sought directions to the State authorities to provide them adequate food, shelter, health-care and other basic necessities.
The Division Bench of Chief Justice Sanjay Kumar and Justice M.V. Muralidaran was informed that the Government of India was considering enactment of a comprehensive law relating to refugees but pending such enactment, a Standard Operating Procedure was floated on 29.12.2011 to deal with foreign nationals who were claiming the status of refugees. This Standard Operating Procedure was revised on 20.03.2019. In terms thereof, such foreign nationals are to be housed in designated camps or shelters, pending consideration of their claims for long term visas.

Oct 07, 2022

Delhi High Court Grants Bail to Foreigner for Spending almost Entire Sentence under NDPS Act

The Delhi High Court granted bail to a foreigner, after observing that he had spent almost the entire period of 10 years rigorous imprisonment awarded by a trial court, without his appeal having been heard in a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act in 2020.
The order was passed by the single-judge Bench of Justice Jasmeet Singh on a petition filed by Nigerian national James Pascal, seeking suspension of sentence awarded by a trial court on June 8, 2020, under Section 21 (c) and Section 29 of the Act.
Section 21(c) provides punishment for contravention of provisions of the Act involving commercial quantity, whereas Section 29 provides punishment for abetment and criminal conspiracy.
As per the High Court, a convict spending nine years and six months in jail without having his appeal being heard, could not be the essence of the country's judicial system.
The petitioner contended that as per his nominal roll dated January 12, 2021, he had undergone imprisonment for seven years, seven months and 16 days. Since then, another period of one year and eight months had elapsed.

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