General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - June 2023

Jun 2023

Nov 21, 2023

Justice Manoj Kumar Gupta is Acting Chief Justice of Allahabad High Court

The Central government notified the appointment of Justice Manoj Kumar Gupta as the Acting Chief Justice of the Allahabad High Court with immediate.
Justice Gupta assumed the post of Acting Chief Justice after the retirement of Justice Pritinker Diwaker.
Justice Gupta was born in 1964 and enrolled as an advocate with the Bar Council in 1987. He primarily practiced in civil, rent control, and Constitutional law.
Later, he was appointed an additional judge of the Allahabad High Court on April 12, 2013, and he was subsequently sworn in as a permanent judge on April 10, 2015.

Supreme Court Issues Notice to Centre on Kerala, Tamil Nadu Governors Withholding Bills

The Supreme Court sought response from the Union of India on two petitions filed by the states of Kerala and Tamil Nadu, alleging that the Governors were delaying bills passed by the respective State Assemblies.
The state of Kerala had accused Governor Arif Mohammed Khan of sitting over eight Bills for two years, including three Ordinances, which were later converted to Bills and passed by Assembly.
The Bench further took up the writ petition filed by the Tamil Nadu government against Governor R. N. Ravi, alleging that he was delaying Bills passed by the State Legislature.

Allahabad High Court Launches Project to Digitise Legacy Case Records

The Allahabad High Court launched a project to scan and digitise legacy case records in the district courts of Uttar Pradesh.
The initiative aims to progressively phase out old physical records, allowing online access to scanned and digitised case files through DMS Software. The ultimate objective is to achieve paperless courts and contribute to the Digital India initiative.
The initiative was successfully kick-started at the District Court in Prayagaraj, which has paved the way for its implementation for all courts in Uttar Pradesh.

Nov 20, 2023

Manipur Government to Publish Constitution of India in Manipuri Meetei Mayek Script

The Chief Minister of the Manipur N. Biren Singh announced that it will be publishing a bilingual edition of the Constitution of India in English and Manipuri and that the said edition will have the Meetei Mayek script.
The move is meant to promote the Manipuri script and give speakers of the Manipuri language a door into the Indian Constitution.
The document in this edition will undoubtedly become an invaluable asset for the entire state, and its publication will mark a significant milestone in the history of Manipur.

Nov 17, 2023

Mohan Katarki, Senior Advocate Joins International Law Association's Sea Protection Committee

Mohan Katarki, Senior Advocate, was inducted as a member of the Committee on Protection of People at Sea by the Executive Council of the International Law Association.
Katarki is a Senior Advocate designated by the Supreme Court of India. He is the Honorary Visiting Professor of Law at Bangalore University's Law College, and is a well known expert in trans boundary water law on sharing of federal and international river water resources.
The International Law Association comprises lawyers, judges and law professors, and plays a pioneering role in the development of international law. The statements on International Law developed by the Committees supported by Special Rapporteur of ILA have commanded highest respect from the international community, particularly the judicial authorities including the International Court of Justice.

Nov 16, 2023

Lieutenant Governor Approves 10 more Family Courts in Delhi

Delhi Lieutenant Governor Vinai Kumar Saxena approved the setting up of 10 more family courts in the national capital to help adjudicate cases pending for more than a decade.
This move will take the number of family courts in the National Capital to 31 from the current 21.
The decision came four years after the proposal was first mooted in October 2019.

Nov 15, 2023

Kerala High Court allows medical termination of 32 weeks pregnancy on account of mental health of...

The Kerala High Court has permitted a petition seeking medical termination of 32 weeks pregnancy on the grounds that mental health of the mother was vital to the child, even if he/she was to be born alive.
The order was passed by the single-judge Bench of Justice Devan Ramchandran on a petition filed by the parents of the unborn child, seeking relief under provisions of the Medical Termination of Pregnancy Act, 1971.
The petitioners contended that they had definite advice that the baby was suffering from very grievous abnormalities and even if the pregnancy was allowed to continue, the baby would have serious complications, which would not allow a normal life.
The High Court directed that if the baby was to be born alive, then all care and protection would be given.
The single-judge Bench requested the Chairperson of the Medical Board to oversee the processes with respect to medical termination and take a call on how to go on with it, including by performing a C-Section, if it was found to be the most rational one to do in the given circumstances.

Muzaffarnagar slapping incident.

The Supreme Court has pulled up the State of Uttar Pradesh for showing complete 'non-compliance' of its previous order, directing counseling of a Muslim school student, who was slapped by classmates on the instruction of his teacher in Muzaffarnagar in August 2023.
Expressing 'shock' over the approach of the state government in the matter, the Bench of Justice A.S. Oka and Justice Pankaj Mithal on Friday summoned a top official of the Education department for failing to get the victim admitted to a private school on the request of his father, based on an earlier order issued by the Apex Court.
The Supreme Court on Monday came down heavily on the Uttar Pradesh police over the delay in registration of FIR and the omission of communal allegations in the case related to repeated slapping of a Muslim student by his classmates on the behest of their teacher in Muzaffarnagar.
The Bench of Justice Abhay S. Oka and Justice Pankaj Mithal, while observing that there was a 'prima facie failure' on part of the state government to comply with the mandate of the Right to Education Act, which prohibited physical and mental harassment of students and their discrimination on the basis of religion and caste, directed investigation into the incident by an IPS-rank officer.
Calling it a 'very serious' issue, which should 'shock the conscience of the State' if proven true, the Apex Court said that a teacher telling students to hit a classmate because they belonged to a particular community, could be described as the worst kind of physical punishment imparted by a teacher.
Asking whether this could be called quality education, the top court of the country directed the state government to 'take responsibility' for the education of the victim child.
It further expressed its displeasure over the fact that though the complaint filed by the student's father related to cognisable offences, no First Information Report (FIR) was immediately registered.

Supreme Court for amendment in rules to allow e-copies of trial court records in criminal appeals

The Supreme Court has recently observed that allowing the production of electronic copies of trial court records in criminal appeals, rather than having them produced in physical form, would lead to a more environmentally conscious approach, along with facilitating quicker availability of records.
The Bench of Justice Abhay S Oka and Justice Sanjay Karol suggested amendment of sub-rules 2 and 3 of Rule 5 of Order XX of the Supreme Court Rules, 2013, noting that the rules presently called for the production of physical copies of original trial court records in criminal appeals involving a sentence of life imprisonment or death penalty.
The calling of such records in other cases was subject to specific orders of the concerned Bench.
The Apex Court proposed that Sub-rule 3 should be amended to insert the words 'soft copy' before the words 'original records', resulting in e-copies of the Original Records being requisitioned.
It said that such requisition of the soft copy of the record, after the amendment, could be extended to cases where leave was granted against an order of acquittal or conviction.
As per the Bench, once received, such soft copy of the records could be provided to the counsel appearing for the parties.

No offence under SC ST Act if remark made within four walls: Punjab & Haryana High Court

The Punjab and Haryana High Court has ruled that offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 cannot be made out if any insulting or intimidating remark has not been made within public view or at a public place.
The single-judge Bench of Justice Deepak Gupta recently passed the order on a petition challenging an order of Special Judge, Ludhiana, wherein the anticipatory bail plea of the appellant had been rejected in a murder case.
The Special Judge had further rejected the plea claiming offence for passing casteist remarks under Sections 302, 307, 323 of the Indian Penal Code (IPC), 1860 and Sections 3 & 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989.
The High Court, while granting anticipatory bail to accused-appellant Rajinder Kaur, observed that in order to constitute an offence under the Act, the insults or intimidation should be on account of the victim belonging to either Scheduled Caste or Scheduled Tribe.

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