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LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Sep 02, 2022

Declare Elephant Corridors Near Jim Corbett Park Eco-sensitive Zones: Uttarakhand HC

  • Expressing serious concern over encroachments and obstructions, Uttarakhand High Court directed the state government to consider declaring elephant corridors in the Jim Corbett National Park as "eco-sensitive zones" and not to allow constructions in any form like hotels, resorts and restaurants which fall within the identified corridors in the area.
  • The HC also directed officials to protect the already identified elephant corridors in the area, to depute competent and sufficient staff on either side of the elephant corridors to ensure their safe passage in the night hours between 10pm and 4am and not to allow, or undertake, any further road construction which cuts across the corridors without providing adequate infrastructure to allow unobstructed and safe movement of wild elephants across such roads.
  • The directions were given by the division bench of Chief Justice Vipin Sanghi and Justice RC Khulbe, while hearing a public interest litigation (PIL) filed by the Independent Medical Initiative Society in 2019.

Sep 01, 2022

Delhi High Court Appoints 5 Retired Judges to Deal with Cheque Bounce Cases

  • The Delhi High Court appointed five retired judges as presiding officers of Special Courts which were established to deal with cheque bounce cases under the Negotiable Instruments Act.
  • The postings were made in compliance with the directions of the Supreme Court.
  • The retired judges who were appointed as presiding officers of Special Courts (NI Act) are Rakesh Siddhartha, C. K. Chaturvedi, Satinder Kumar Gautam, Chandra Bose and Ram Bhagat Singh and their postings will be with effect from September 1. These five officers will be posted in trial courts having jurisdiction of South, South East, South West, Central and New Delhi districts respectively.

Aug 31, 2022

High Court Cannot Direct the Authorities to Use a Particular Land for School: Gauhati High Court

  • The Gauhati High Court has observed that a High Court, in exercise of extraordinary jurisdiction under Article 226 of the Constitution, cannot direct the authorities to use a particular plot of land for school only.
  • The Division Bench of Chief Justice Rashmin Manharbhai Chhaya and Justice Soumitra Saikia disposed of a Public Interest Litigation (PIL).
  • Considering the prayers made in the petition, the Court did not find any illegality in the construction of the building.
  • The Court observed that the objection which is sought to be raised by the petitioner regarding the non-suitability of the plot which is situated at Howraghat Town under Howraghat Mouza.

Allahabad High Court Transfers 22 Judicial Officers in Uttar Pradesh

  • The Allahabad High Court has transferred 22 judicial officers in the state of Uttar Pradesh.
  • A notification issued by Registrar General Ashish Garg directed the judicial officers to hand over the charge of their present posts and proceed to take over charge of their new postings immediately.
  • It further said that handing and taking over charge certificates should be sent to Satish Kumar Pushkar, Deputy Registrar (Services), High Court, Allahabad.
  • The officers, who were transferred or posted on their own request, would not be entitled for any TA under Rule 42 of Chapter-IV of Financial Hand Book, Volume-III, added the notification.

Aug 30, 2022

Babri Masjid Demolition: Supreme Court Draws Curtains on Contempt Petitions against UP Officials

  • The Supreme Court closed contempt petitions against the officials of Uttar Pradesh and others arising out of the demolition of Babri Masjid in 1992.
  • The Apex Court noted with the passage of time & in view of the 2019 SC verdict on Ayodhya, the contempt cases don't survive any further.
  • At the same time, the court said that the petitioner Aslam Bhure is no longer in this world.
  • The court said that the issue cannot be continued after the Supreme Court's November 9, 2019 judgment deciding the Ayodhya land dispute between Hindus and Muslims. Therefore, the contempt proceedings are closed.

New System for Listing Urgent Matters: CJI UU Lalit

  • With Justice UU Lalit taking over as the new Chief Justice of India, winds of change are blowing in the Supreme Court.
  • On his first working day as the CJI, Justice Lalit announced that a new procedure for listing of urgent matters would be put in place by September 1.
  • Justice Lalit, who was administered oath as the 49th CJI, has already announced that he would strive to have one Constitution Bench functioning throughout the year; streamline the system of urgent mentioning and bring transparency to the system.
  • The CJI's announcement regarding the new system of listing of urgent matters came after Mehta sought to know about the mechanism of "mentioning" of urgent matters.

Aug 29, 2022

Supreme Court Directs Centre to Simplify Adoption Process

  • The Supreme Court directed the Central government to file an affidavit within three weeks, mentioning the steps taken to simplify the process of adoption in the country.
  • A Bench comprising Justice D.Y. Chandrachud, Justice A.S. Bopanna and Justice J.B. Pardiwala passed the order on a petition filed by NGO Temple of Healing, seeking formulation of an adoption scheme by the Ministry of Women and Child Development.
  • Stating that several couples and other people were waiting to adopt children for years, while lakhs of children were waiting to be adopted, the Apex Court observed that it was a serious and genuine matter, which needed urgent consideration of the Union government.

Justice U. U. Lalit Sworn-in as 49th Chief Justice of India

  • Justice U. U. Lalit took oath as the 49th Chief Justice of India (CJI). President Droupadi Murmu administered the oath of office to Justice Lalit at the swearing-in ceremony held in the Durbar Hall of Rashtrapati Bhavan. The new CJI has a short tenure and would hold office till November 8, 2022. He succeeded Chief Justice N. V. Ramana.
  • Lalit He was elevated directly to the Supreme Court from the Bar in August 2014 – only the sixth lawyer to be so honoured.
  • Enrolling as an advocate in June 1983, CJI Lalit has been a key part of the country's jurisprudential journey in the last couple of decades, initially as a lawyer and then as judge. His father U R Lalit was an additional judge of the Nagpur bench of the Bombay High Court.
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