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LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Oct 03, 2023

Undertrials in Jail for Long should Get Bail even if Offence Serious: Bombay High Court

  • The Bombay High Court ruled that undertrial prisoners who have remained in jail for a long time should ordinarily be released on bail even if the crimes that they are accused of are serious.
  • Justice Bharati Dangre made the observation while granting bail to one Akash Chandalia accused of double murder, who had been in prison for the past 7.5 years.
  • The judge observed that depriving a person of personal liberty without ensuring speedy trial was not in consonance with Article 21 (right to life and personal liberty) of the Constitution of India.

Advocate Daleep Singh Kaith is President of Himachal Pradesh High Court Bar Association

  • Daleep Singh Kaith was elected president of the HP High Court Bar Association in the annual general election. Ajeet Singh Saklani was elected unopposed vice-president while Ashish Kumar was elected secretary of the association.

Sep 30, 2023

Supreme Court Nod to Appoint 175 Judges in Haryana

  • The Supreme Court paved the way for the appointment of 175 judges in Haryana as it ruled that the recruitment shall be conducted by a committee comprising three judges of the Punjab and Haryana High Court nominated by the Chief Justice, Chief Secretary, Advocate General and the Haryana Public Service Commission Chairman.
  • A Bench led by CJI D. Y. Chandrachud said the there is an urgent need to ensure that the existing 175 vacancies for the post of junior civil judge (140 existing, 35 anticipated) are filled at the earliest. The state government shall within two weeks from the date of this order take necessary steps for recruitment to be conducted by a committee comprising three judges of the HC nominated by the Chief Justice (including the CJ, if he decides so), the Chief Secretary, Advocate General and the Haryana Public Service Commission Chairman. As the Haryana Government and the Punjab and Haryana HC indulge in a slugfest over who has the right to conduct the examination for selection of subordinate court judges, a large number of posts of Civil Judge (Junior Division) in Haryana remain vacant.

National Law University Delhi Appoints Dr. Aniruddha Rajput as Distinguished Professor; Sumant Ba...

  • National Law University, Delhi appointed Dr. Aniruddha Rajput as Distinguished Professor and Sumant Batra as Visiting Professor, with effect immediate effect. September, 2023.
  • Dr. Rajput is a graduate of ILS Law College, Pune and has an LLM from London School of Economics in 2006. He also earned his PhD in international law from National University Singapore in 2015.
  • Batra is an insolvency lawyer of global eminence with three decades of experience in the areas of insolvency, bankruptcy and related laws. His work ranges from policy making, legislative drafting to designing best practices and advising & representing clients.

Sep 29, 2023

PIL in Allahabad High Court Seeks Appointment of Presiding Officers in 12 Labour Courts/ Industri...

  • A public interest litigation was filed in the Allahabad High Court seeking appointments to the post of Presiding Officers in twelve Labour Court/ Industrial Tribunals in the state of Uttar Pradesh.
  • In the PIL, it has been alleged that officials of the State and Union Government are not discharging their obligations under the U.P. Industrial Disputes Act, 1947 by keeping the said posts vacant for last 1 to 2 years.
  • Petitioner, claiming to be a social worker stated that there are six Industrial Tribunals and twenty Labour Courts in the State but since these Courts and Tribunals do not generate revenue for the State, they are neglected.

Sep 28, 2023

Central Government Clears Appointment of 11 Additional Judges of Punjab and Haryana High Court as...

  • The Central government cleared the appointment of eleven additional judges of the Punjab and Haryana High Court as permanent judges.
  • Union Minister of State with independent charge of the Law and Justice Ministry, Arjun Ram Meghwal shared this development.
  • The following are the additional judges who were made permanent:
  • Justice Nidhi Gupta, Justice Sanjay Vashisth, Justice Tribhuvan Dahiya, Justice Namit Kumar, Justice Harkesh Manuja, Justice Aman Chaudhary, Justice Naresh Singh Shekhawat, Justice Harsh Bunger, Justice Jagmohan Bansal, Justice Deepak Manchanda and Justice Alok Kumar Jain.
  • The Supreme Court Collegium had recommended that the above eleven judges be made permanent judges of the High Court on September 14.
  • All eleven judges were appointed as additional judges on August 16, 2022.
  • The Punjab and Haryana High Court has sanctioned strength of 85 judges.

Sep 26, 2023

Armed Forces Tribunal Bar Association at Chandigarh Abstain from Work Protesting Transfer of Just...

  • The Armed Forces Tribunal Bar Association (AFT Bar Association) at Chandigarh abstained from work indefinitely to protest the transfer of judicial member Justice Dharam Chand Chaudhary from Chandigarh to the Kolkata bench of the AFT.
  • In a resolution passed by the Executive Committee of the AFT Bar on Monday, it said that the transfer was a direct assault on the independence of the judiciary.
  • Hence, it was decided that the AFT Bar Association would abstain from work until further orders.
  • Earlier, the bar body had written to Chief Justice of India (CJI) DY Chandrachud taking strong objection to the AFT chairperson's decision to transfer Justice Chaudhary.

Immunity to Legislators on Bribery: Supreme Court Sets up 7-judge Bench to Review 1998 Verdict

  • The Supreme Court set up a seven-judge bench headed by Chief Justice of India D. Y. Chandrachud for reconsideration its 1998 judgement in the P. V. Narasimha Rao case, also known as 1993 JMM bribery case, which granted immunity to MPs/MLAs from prosecution if they accepted bribery and voted or asked a question in a particular manner.
  • The other judges of the bench are Justices A. S. Bopanna, M. M. Sundresh, P. S. Narasimha, J. B. Pardiwala, Sanjay Kumar and Manoj Misra.
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