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Showing posts from August, 2018

SC Upholds Pan India Reservation Rule in Delhi; But Says States Can’t Unilaterally Introduce It

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Coming straight to the nub of the matter, in a landmark judgment with far reaching consequences,, the Constitution Bench of the Supreme Court in Bir Singh v Delhi Jal Board & Ors in Civil Appeal No. 1085 of 2013 decided on August 30, 2018 has held that Pan India Reservation Rule in force in National Capital Territory of Delhi is in accord with the constitutional scheme relating to services under the Union and the States/Union Territories. As regards States, the Bench observed that, “If in the opinion of a State it is necessary to extend the benefit of reservation to a class/category of Scheduled Castes/Scheduled Tribes beyond those specified in the Lists for that particular State, constitutional discipline would require the State to make its views in the matter prevail with the central authority so as to enable an appropriate parliamentary exercise to be made by an amendment of the Lists of Scheduled Castes/Scheduled Tribes for that particular State. Unilateral action by States on…

NDPS Bail Conditions Discriminatory, Irrational And Defy Human Logic: Punjab & Haryana HC

Let me begin at the very beginning by first and foremost pointing out that in a landmark judgment with far reaching consequences while deciding a bail application in a drug trafficking case titled Ankush Kumar @ Sonu vs State of Punjab CRM-M-30643 of 2018 (O&M) decided on 9 August 2018, Justice Rajbir Sehrawat of Punjab and Haryana High Court took the unprecedented step of venturing an in-depth analysis of constitutionality of the provisions of NDPS  Act, which puts several arbitrary conditions on grant of bail. It was pointed out that, “On mere opposition by the Public Prosecutor, to the grant of bail to the accused, this Section casts a duty upon the Court to satisfy itself that there are reasonable grounds for believing: (A) that he is not guilty of such offence; (B) that he is not likely to commit any offence while on bail. The entire controversy in this case, is regarding the above-said two conditions.” Though the Judge did not hold that the provision is unconstitutional, as …

12 Year Old Girl’s Rape And Murder: Constitute Permanent SITs In All Districts Within 48 Hours For Dealing With Sensitive Matters: Uttarakhand HC

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It has to be stated right at the outset that in a significant development, the Uttarakhand High Court on August 21, 2018 in the landmark case titled “In the matter of Brutal Gang Rape and murder of a 12 years old girl in Uttarkashi v State of Uttarakhand & Another in Writ Petition (PIL) No. 102 of 2018 took suo motu cognizance of the rape and murder of a twelve-year-old girl in Uttarkashi. The Bench comprising Acting Chief Justice Rajiv Sharma and Justice Manoj K. Tiwari also appointed Advocates Sanjay Bhatt and lata Negi as the amicus curiae in the case to assist the court in this sensitive matter. The Court took cognizance of two reports published in ‘The Times of India’ dated 20.08.2018 which was titled “Uttarkashi rape: NH blocked for 10 hours” and “City residents march to demand death penalty for rapists of Uttarkashi girl”. This news item has also appeared on 20.08.2018 in the daily editions of ‘Dainik Jagran’, ‘Amar Ujala’ and Hindustan (Hindi).
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Book Release of Rural Development in India Present Perspective By Dr Sha...

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MP HC To Debar Members/Office Bearers Of Bar Council/Assns From Appearing Before Courts In Case They Give Strike Calls

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It has to be said right at the outset that in a significant and landmark judgment with far reaching consequences, the first Bench of Madhya Pradesh High Court in the landmark case of Praveen Pandey vs The State of Madhya Pradesh and others delivered on July 31, 2018 which is in continuation of the order dated 10.04.2018 has issued significant directives against the call of a strike by State Bar Council and Bar Associations, including debarring members/officials of the Bar Council/Association which gives a call for a strike, from appearing before the courts. It held in no uncertain terms that, “The litigant has a right to get justice. He will get justice only if the Courts are functioning in the country but the members of the Bar cannot make the third pillar of democracy non-functional by deciding to withdraw from work. Their action is antithesis of democratic life of the country.” Very rightly said!
                                          Truth be told, the Bench of Madhya Pradesh Hi…

NRC Being Prepared Under Supreme Court’s Watch Is Laudable

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Let me start by first and foremost pointing out that the consolidated draft National Register of Citizens (NRC) which is a database of Indian citizens in Assam and is being prepared under the Supreme Court’s watch, is a critical step in resolving one of Assam’s longstanding and most complicated problem of illegal immigrants from Bangladesh. No politics should be done over it. No credit should be taken by any political party for it and it must be kept completely out of the dirty theatric politics over it because if this is not done then it will become completely embroiled in it and nothing substantial will ever take place actually which will be our nation’s biggest misfortune!
                                              To be sure, the list which was made public on July 30 has left out the names of over 4 million (40,07,707 to be precise) of the state’s 32.9 million residents. But those left out should not panic. Applicants left out of the NRC may be given a personal hearing under a f…