Posts

Showing posts from November, 2018

Bombay HC Quashes Government Resolution Making It Mandatory For Assistant Public Prosecutors To Secure 25% Conviction For A Promotion

Image
It must be noted first and foremost that in a landmark judgment with far reaching consequences for Assistant Public Prosecutors, the Aurangabad Bench of Bombay High Court in Maharashtra State Public Prosecutors Association Through its President Sanjay Purushottam Deshmukh versus 1. The State of Maharashtra Through its Secretary, Home Department, Mantralaya, Mumbai. 2. The Director of Prosecution, State of Maharashtra, Church Gate, Mumbai in Writ Petition No. 8117 of 2017 which was  reserved on 10th July 2018 and pronounced on 24th August 2018, has quashed resoundingly a government resolution dated May 12, 2015 imposing a condition that the Assistant Public Prosecutor, whose rate of conviction is less than 25% of the cases handled by him, is not entitled to promotion and thus accepted the contention of the petitioners as valid. A Division Bench of Justice SV Gangapurwala and Justice SK Kotwal at Aurangabad held that the said notification was irrational, unreasonable and against the law…

Men Too Have Right Not To Be Defamed And Denounced

Image
“You do me favors, I do you favors 30 years later lets call it “me too” A strong woman does not wait 30, 20, 10 years to speak up, she slaps him on the first “bad touch” and knocks him out Don’t hide your weakness, the favors in returns that you enjoyed and the work you got by “I was too scared” cry now You were scared to say NO then because its hard to stand up for what is right and you were scared to loose your status and position in the work place, so YOU CHOOSE to accept the molestation and went back for more …Its very easy to play the abla nari card later and gain sympathy The Shakti does not wait later to speak up, she silences the evil on spot… My thoughts on this nonsense of me too I don’t have me too stories …anyone who tried got a tight slap then and there and I was never afraid to walk out with my head held high ..be it a Job or relationship! “strong women don’t have me too sob Stories, they have I gave him thappad (slap) back short essays”.” -Geetanjali Arora in Sunday Times of India…

Courts Have To Adequately Consider Defence Of The Accused U/s 313 CrPC; Non-Consideration Can Vitiate Conviction: SC

Image
It must be observed right at the outset that in a remarkable and landmark judgment delivered on October 31, 2018 in Reena Hazarika v State of Assam in Criminal Appeal No. 1330 of 2018 (arising out of SLP(Crl.) No. 2440 of 2018) authored by Justice Navin Sinha for himself and Justice RF Nariman, the two Judge Bench of Apex Court observed quite clearly and convincingly that a solemn duty is cast on the court in the dispensation of justice to adequately consider the defence of the accused taken under Section 313 CrPC and to either accept or reject the same for reasons specified in writing. It was also held that, “Section 313, Cr.P.C. cannot be seen simply as a part of audi alteram partem, rather it confers a valuable right upon an accused to establish his innocence”. It also made it explicitly clear that if there has been no consideration at all of the defence taken by the accused under Section 313 of the Code of Criminal Procedure, the conviction can stand vitiated.   
                  …

CJI Ranjan Gogoi Demonstrates His Firm Resolve And Firm Commitment To Expeditiously Fill Up Judicial Vacancies In Lower Courts

Image
It is most reassuring, refreshing and reconsoling to note that for the first time in at least my memory have I ever noticed a Chief Justice of India who even before assuming office outlined his priorities very clearly and courageously – to fill up judicial vacancies especially in lower courts which are at an all time high and also in the high courts and even the Supreme Court and to ensure that justice is accessible to the poor, needy and deprived! We have seen for ourselves how many decades are consumed in deciding a very small petty case what to talk about complex cases like the one of Ayodhya which has been lingering since last more than 65 years! This must now come to an end and CJI Ranjan Gogoi appears fully committed to ensure this!
                                 To be sure, the Supreme Court on November 1 cautioned the States and the High Courts that it will resort to a “centralised selection mechanism” if they do not act promptly to fill the over 5,000 judicial posts lying va…

Aadhaar Held Mandatory For Government Subsidies And PAN After Apex Court Upholds Its Validity By 4:1 Majority

Image
It must be stated first and foremost that in a landmark judgment with far reaching consequences directly affecting the common person, the Apex Court in Justice KS Puttaswamy (Retd) and another v Union of India and others in Writ Petition (Civil) No. 494 of 2012 and connected matters has upheld the validity of Aadhaar for availing government subsidies and benefits and for filing income tax returns! The lone dissenting Judge in this landmark case is Justice Dr DY Chandrachud. He differed entirely from the majority and struck down Section 139AA.
                                         Before proceeding ahead, let us discuss the entire chronological events that led to this landmark and laudable judgment by the Apex Court. They are as follows: -
January 2009: Planning Commission notification on UIDAI.
2010-2011: National Identification Authority of India Bill, 2010 introduced.
November 2012: Retired Justice KS Puttaswamy and others file PILs in Supreme …