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LAW AND CONSTITUTIONAL AFFAIRS - June 2023

Jun 2023

Jun 04, 2023

Gauhati High Court Apprises State Government of Constituting the Public Land Protection Cells

  • The Assam government apprised the Gauhati High Court that the process for putting in place the mechanism of constituting the Public Land Protection Cells in all the districts of Assam has been initiated.
  • The Division bench of the Chief Justice Sandeep Mehta and Justice Mitali Thakuria herd a Public Interest Litigation (PIL) filed alleging that certain individuals have illegally encroached on a plot of Government land measuring 2 bighas 5 kathas 8 lechas in the Sutirpur village of Nagaon district which was in possession of the Water Resource Department since the year 1955-56.
  • The petitioners asserted in the petition that before approaching the Court, numerous complaints were filed to the concerned in relation to this illegal act of encroachment but without fetching any fruitful result. Thereupon, the petitioners were compelled to approach the Court by way of this petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondent authorities to take appropriate action against the illegal occupants on Government lands and to demolish the structures raised thereupon.

Jun 03, 2023

Law Commission of India Says Section 124A IPC Should be Retained

  • The 22nd Law Commission of India headed by former Chief Justice of Karnataka High Court Ritu Raj Awasthi recommended that Section 124A of the Indian Penal Code (IPC), which criminalises sedition, should be retained in the statute book with certain changes.
  • A three-judge bench of the Supreme Court headed by the then Chief Justice of India N. V. Ramana had in May 2022, put the provision in abeyance instead of deciding on its validity.
  • This was after the Central government told the Court that it will re-examine and reconsider whether Section 124A needs to be retained.
  • Importantly, the Commission further recommended that the scheme of punishment provided under the Section be amended.
  • Currently, it provides for life imprisonment or imprisonment up to 3 years.
  • The Commission suggested that the jail term of 3 years be enhanced to 7 years.

Jun 01, 2023

Karnataka High Court Rejects Challenge to Conversion of Circuit Benches at Dharwad, Kalaburagi in...

  • The High Court of Karnataka rejected a public interest litigation that challenged the Presidential Order of 2008, which converted the Circuit Benches of High Court at Dharwad and Kalaburagi into permanent benches.
  • The Division Bench of Justice B. Veerappa and Justice K. S. Hemalekha dismissed the petition on the grounds that the petition served absolutely no public interest as the Benches had rendered 'distributive justice' to all the regions.
  • The High Court observed that the plea was against the public interest and people starving for justice, which ignored the dictums of this Court as well as the Supreme Court.
  • Noting that the idea of speedy and quality justice dispensation system could not be treated with a status quo approach, the Division Bench observed that the establishment of these two benches was the need of the hour.

Justice Nitin Jamdar Appointed as Acting CJ of Bombay HC

  • The central government issued a notification appointing Justice Nitin Jamdar as the Acting Chief Justice of Bombay High Court. Justice R. D. Dhanuka, who was sworn in as Chief Justice of the Bombay High Court retired on May 30.
  • Born into a family of lawyers, Justice Jamdar is the third generation to pursue a career in the legal field. After receiving school education from across Maharashtra, Justice Jamdar completed graduation in Commerce from Sydenham College and thereafter LLB from Government Law College, Mumbai.
  • Justice Jamdar practised in the Bombay High Court in diverse fields, primarily in administrative and constitutional law. He represented various public bodies, including zilla parishads, municipal councils, municipal corporations and universities. He also represented the Bar Council of India and the High Court administration and was Senior Standing Counsel for the Union of India.
  • Justice Jamdar was appointed as a judge of the Bombay High Court in January 2012.
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