General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - September 2022

Sep 2022

Aug 08, 2023

Justice Subhasis Talapatra New Chief Justice of Orissa High Court

Justice Subhasis Talapatra, Judge of the Orissa High Court took oath as the 33rd Chief Justice of the High Court consequent upon the superannuation of its former Chief Justice S. Muralidhar. He was administered oath by Prof. Ganeshi Lal, Governor of Odisha.
The name of Justice Talapatra, as the Chief Justice, was recommended by the Supreme Court Collegium last month which was later approved by the Central Government.
Justice Talapatra was born on October 4, 1961 at Udaipur, Tripura. He did his graduation in Arts and Law from University of Calcutta and was enrolled with the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh on September 12, 1990.
He practiced mainly at Agartala Bench of the Gauhati High Court and appeared in various constitutional, civil and criminal matters. Later, he was designated as a Senior Advocate on December 21, 2004.
He was appointed as a Permanent Judge of the Tripura High Court on September 13, 2013. He served as the Acting Chief Justice of the Court twice, i.e. from 02.11.2018 to 13.11.2018 and again from 11.11.2019 to 15.11.2019.

Justice R. B. Deo of Bombay High Court Resigns

Citing personal reasons, Justice Rohit B. Deo of the Bombay High Court resigned from office, announcing it in his courtroom in Nagpur where the High Court has a bench.
He was to retire on December 4, 2025.
He led a two-judge bench which, on October 14, 2022, acquitted sacked Delhi University professor G N Saibaba who had been sentenced to life imprisonment in 2017 over alleged Maoist links. The bench cited absence of valid sanction under the Unlawful Activities (Prevention) Act and declared the trial proceedings in a Gadchiroli court "null and void". It also acquitted five others sentenced by the lower court.
Deo was appointed additional Judge of the Bombay High Court on June 5, 2017, he was made a Permanent Judge on April 12, 2019.
He had been an Assistant Solicitor General, representing the Central government before the Nagpur bench, and was also Advocate General of Maharashtra.
Justice Deo is the third judge of the Bombay High Court to resign in the last three years.

Aug 07, 2023

Jagdeep Dhankar Raised Complaints against Two Prominent Opposition Members.

Jagdeep Dhankar, the Chairman of Rajya Sabha, raised complaints against two prominent opposition members- Derek O'Brien and Raghav Chadha, pertaining to alleged breaches of parliamentary privileges. ecently, the Chairman of Rajya Sabha, Jaydeep Dhankar raised complaints against two prominent opposition members- Derek O'Brien from the TMC and Raghav Chadha from Aam Aadmi Party. The complaints, which pertain to alleged breaches of parliamentary privileges, have further intensified the ongoing political tussle during the sittings.
According to the Rajya Sabha secretariat, notice against Derek O'Brien was filed for publishing the clippings of his statement made in the House on his Twitter handle, despite those being removed from the record by the Chairman.
The complaint against Raghav Chadha alleges an intentional and deliberate act of presenting misleading facts to the media with respect to the suspension of an Aam Aadmi Party's MP, Sanjay Singh, from the remaining period of the Monsoon session of the Rajya Sabha.

The Central Government has Granted a One-Year Extension to Cabinet Secretary Rajiv Gauba.

The Central government has granted a one-year extension to Cabinet Secretary Rajiv Gauba, making him the longest-serving cabinet secretary in India's historyCabinet Secretary Rajiv Gauba has been officially granted a one-year extension by the Central government, making him the longest-serving cabinet secretary in India's history.
The decision was made by the Appointments Committee of the Cabinet (ACC).
This extension comes as a result of the relaxation of important rules, allowing him to continue in his position beyond August 30, 2023.

The Rules of Extension:

The Central government has the authority to grant an extension in service to the cabinet secretary in the public interest. However, this extension cannot exceed four years in total.
•By relaxing the All India Services (Death-Cum-Retirement Benefits) Rules, 1958, and Rule 56(d) of the Fundamental Rules, Rajiv Gauba's extension has been made possible.

Aug 05, 2023

Kerala High Court Urges State to Amend Victim Compensation Scheme and Allow POCSO Victims to Clai...

The Kerala High Court called for a comprehensive compensation scheme for victims of sexual offences registered under the Protection of Children from Sexual Offences (POCSO) Act or an amendment to the existing Kerala Victim Compensation Scheme.
The issue arose when the Special Court in Alappuzha directed the District Legal Services Authority to award compensation of Rs. 50,000 each to two victims of sexual harassment under the POCSO Act. However, the Kerala State Legal Services Authority and the Alappuzha District Legal Services Authority challenged this decision, arguing that 'sexual harassment' was not listed as an injury under the schedule of the Kerala Victim Compensation Scheme, rendering the victims ineligible for compensation.
Justice Kauser Edappagath upheld the compensation given to the sexual harassment victims and asserted that a beneficial legislation or scheme should not differentiate between victims. The court highlighted that existing compensation schemes were insufficient to compensate victims of sexual abuse under the POCSO Act. It directed the State Government to either formulate a comprehensive victim compensation scheme specifically for POCSO Act victims or amend the existing Kerala Victim Compensation Scheme to include a separate schedule for sexual offence victims under the POCSO Act.

Aug 04, 2023

Gyanvapi Mosque Panel Moves Supreme Court after Allahabad High Court Orders ASI Survey

The Anjuman Intazamia Mosque Committee, which manages the Gyanvapi mosque in Varanasi, approached the Supreme Court within hours of the Allahabad High Court giving the Archaeological Survey India (ASI) the green signal to conduct an "investigation" of the premises.
The committee, represented by advocate Fuzail Ayyubi, said the religious character of the premises has remained a mosque since Independence. The petition said any "findings" made in the survey would be rendered "nugatory and irrelevant" as the site was protected under the Places of Worship (Special Provisions) Act, 1991. Allahabad High Court rejects PIL seeking sealing of Gyanvapi mosque premises; ASI survey to continue The Supreme Court had in its 2020 judgment in the Ramjanmabhoomi temple case held that the "Places of Worship Act imposes a non-derogable obligation towards enforcing our commitment to secularism under the Indian Constitution".

Aug 03, 2023

NIA Approaches Supreme Court against Madras High Court Order Granting Bail to Lawyer M. Mohammed ...

The Supreme Court of India was approached by the National Investigation Agency (NIA) against the order by the Madras High Court granting bail to Madurai-based lawyer M. Mohammed Abbas, who is alleged to have link with Popular Front of India (PFI) which is a banned organiation.
The Additional Solicitor General S.V. Raju, representing NIA, mentioned the appeal and sought a stay on the bail order.
A Bench comprising of Justice Aniruddha Bose and Justice Bela Trivedi clarified that they cannot provide a stay during the mentioning stage without reviewing the case files.
In the challenged order the Madras High Court had rejected the oral request by NIA seeking leave under Article 134 of the Constitution to challenge the bail order before the Supreme Court.

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