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LAW AND CONSTITUTIONAL AFFAIRS - September 2022

Sep 2022

Apr 19, 2023

Supreme Court Recommends 6 Names as Permanent Judges Of Punjab And Haryana High Court

  • The Supreme Court collegium recommended the names of six additional judges of the Punjab and Haryana High Court for appointment as permanent judges.
  • The collegium headed by Chief Justice of India D.Y. Chandrachud took the decision for recommending the additional judges of the High Court for permanent judgeship.
  • The additional judges are Justices Vikas Bahl, Vikas Suri, Sandeep Moudgil, Vinod Sharma (Bhardwaj), Pankaj Jain and Jasjit Singh Bedi.
  • The collegium, which also includes Justices Sanjay Kishan Kaul and KM Joseph, said that since the current two-year term of one of the additional judges is due to expire on May 24, the recommendation may be processed expeditiously by the Centre.
  • The collegium of Punjab and Haryana High Court had in December 2022 unanimously recommended that the additional judges be appointed as permanent judges of that High Court.

Justice Chauhan Appointed Acting Chief Justice of Himachal HC

  • Justice Tarlok Singh Chauhan was appointed as the acting Chief Justice of the Himachal Pradesh High Court as the incumbent acting Chief Justice demited office.
  • Justice Sabina was appointed as the acting Chief Justice of the Himachal Pradesh High Court in January.
  • In February, the Supreme Court Collegium had recommended that she be appointed as the Chief Justice of the Himachal Pradesh High Court.
  • Apparently, her appointment did not come through as Justice Chauhan was made acting Chief Justice of that High Court.
  • Chauhan enrolled as an advocate with the Bar Council of Himachal Pradesh in 1989 and joined the chamber of Lala Chhabil Dass and practised in all branches of law.

Apr 15, 2023

Supreme Court Sets Aside Calcutta High Court Order over Attack on Convoy of Home Minister in Cooc...

  • The Supreme Court rejected the order by Calcutta High Court directing a CBI probe into the attack on the convoy of MoS (Home) Nisith Pramanik in Cooch Behar district in February 2023.
  • An instruction was issued by a bench led by Chief Justice of India D. Y. Chandrachud directing the High Court to re-examine the material placed by the West Bengal police for deciding whether the case needs CBI probe.

Apr 14, 2023

Supreme Court Directs Lalit Modi to Tender Unconditional Apology for Making Distatsteful Comments...

  • The Supreme Court, while reprimanding Indian Premier League founder Lalit Modi for belittling the Indian judiciary on social media, directed him to tender an unconditional apology before this court in the matter.
  • The orders were passed by the Bench of Justice M.R. Shah and Justice C.T. Ravikumar, which expressed its dissatisfaction over the counter-affidavit filed by Modi and directed him to file a fresh affidavit, stating that he would not post any such remarks in future, which even remotely, would tantamount to tarnishing the image of the judiciary.
  • The Apex Court, while noting that the IPL founder was not above the law and institution, further directed him to tender an apology on social media as well as in leading national newspapers.

Apr 13, 2023

Justice Aparesh Kumar Singh New Chief Justice of Tripura HC

  • Justice Aparesh Kumar Singh was appointed as the new Chief Justice of the Tripura High Court, replacing Justice Jaswant Singh who retired. The Department of Justice in the Law Ministry issued a notification stating that President, under the powers conferred by Article 217 of the Constitution of India, appointed Justice Aparesh Kumar Singh, who is a judge at the Jharkhand High Court, to assume the position of the Chief Justice of the Tripura High Court.
  • On January 25, the collegium approved the nomination of Justice Jaswant Singh, a judge of the Orissa High Court, as Chief Justice of the Tripura High Court. However, a week after Justice Singh's appointment, on February 19, 2023, Justice Singh announced his retirement from the service. The collegium then recommended that Justice Aparesh Kumar Singh be appointed Chief Justice of the Tripura High Court.
  • Since 1990, Singh has worked as a lawyer in the High Courts of Patna and Jharkhand. Later, in 2012, he was elevated to the position of additional judge in the Jharkhand High Court. From December 22, 2017 to February 19, 2018, he also served as the High Court's interim Chief Justice.

Apr 12, 2023

Supreme Court Reprimands National Green Tribunal for Hearing Cases Beyond Territorial Jurisdiction

  • The Supreme Court came down heavily on the Principal Bench of the National Green Tribunal for hearing cases pertaining to the western zone, even after the Apex Court had directed that the same would be heard by the Tribunal's Western Zone Bench at Pune.
  • The Bench of Justice B. R. Gavai and Justice Aravind Kumar observed that despite there being a specific mandamus by this court that all matters pertaining to the western zone would be heard by the Pune bench, the NGT Principal Bench was allegedly continuing to hear cases, in which it had taken suo motu cognisance.
  • Calling it a 'serious' issue, the Apex Court said that it has consistently held that tribunals were even subordinate to the High Courts, when it came to territorial jurisdiction.
  • The Tribunal had moved the Apex Court against the Bombay High Court, which quashed administrative notices by the Registrar General of NGT transferring cases from the western zone bench at Pune to special benches at the principal seat in the national capital.
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