‘Balakrishnan tarnished image of judiciary’

New Delhi, June 5 — The stubbornness with which Justice K.G Balakrishnan, who retired as Chief Justice of India last month, opposed the implementation of the Right to Information in the judiciary has damaged the image of the institution, according to rebellious judge D.V. Shylendra Kumar. In one of the strongest attacks by any judge across the country on Justice Balakrishnan, who is set to take over as the National Human Rights Commission (NHRC) chief on Monday, Justice Kumar held him responsible for further eroding the faith of the people in the judiciary. “Justice Balakrishnan, in an adamant manner, not only refused to divulge information on the functioning of the Supreme Court on the administrative side, but also tried to stonewall the judicial opinion expressed by the Delhi High Court in holding it (SC) amenable to part with information under RTI,” he wrote on his blog. “This stubborn attitude greatly damaged the image of judiciary in the country, and the already eroding faith and confidence of the people in the judicial system only got further reduced in the wake of such an attitude on the part of the former CJI,” Justice Kumar wrote. The only active blogger judge in the country’s higher judiciary, Kumar, in an open letter to the country’s citizens, has also taken a dig at Supreme Court judges, saying the top court of India is one of the most powerful in the world but not necessarily correct.

The judge wanted to know if Justice Balakrishnan had the details of judges’ assets since 1997, when the judges of the top court passed a resolution to do so, and what prevented him from making these public the day after the announcement.

Kapadia takes over as new Chief Justice of India

New Delhi, May 12 (NAI): Justice S H Kapadia was on Wednesday sworn-in as the 38th Chief Justice of India (CJI).

President Pratibha Devisingh Patil administered the oath of office and secrecy to Justice Kapadia.

The event at Rashtrapati Bhawan was attended by the Prime Minister, Dr. Manmohan Singh, his cabinet colleagues, outgoing Chief Justice K G Balakrishnan and other dignitaries.

Born in September 29, 1947, Kapadia enrolled as an advocate in September 1974.

Appointed as an Additional Judge of the Bombay High Court in October 1991, Kapadia was elevated as a Permanent Judge in the same High Court in March 1993.

He was associated with a historical judgement in which a five-judge Constitutional Bench had held that the law put in the Ninth Schedule was open for judicial review.

He was served as the Chief Justice of the Uttaranchal High Court from October 5, 2003 to December of the same year.

He was elevated to the Supreme Court on December 18, 2003. (ANI)

MPLADS constitutionally valid, says Supreme Court

New Delhi, May 6 (ANI): In landmark judgement, the Supreme Court on Thursday upheld the constitutional validity of the MP’s Local Area Development (MPLAD) Fund.

A Constitutional Bench of the apex court consisting Chief Justice of India K G Balakrishnan and Justices R V Raveendran, D K Jain, P Sathasivam and J M Panchal delivered the judgement while setting aside a petition filed by Jammu and Kashmir Panthers Party president Prof Bhim Singh.

In his petition, Singh had questioned the constitutional validity of the MPLAD fund and stated that the MPLAD fund has lead to a lot of corruption.

In 1999, the MPLADS was challenged on the ground that it intruded into the autonomy and functioning of local authorities – village panchayats and municipalities – created under a constitutional amendment.

In 2006, a three-Judge Bench had referred the matter to a five-Judge Constitution Bench saying important questions of law needed to be settled.

After pending adjudication for years, a constitution Bench of the apex court had reserved its verdict in November 2009 on the issue.

The Court had to conduct some more hearings after the Union Government requested permission to make more submissions.

Under the MPLAD Fund, members of both Lok Sabha and Rjya Sabha gets two crore in each fiscal, which could be used for both planned as well as unplanned projects.

The MPLAD Fund was the brainchild of the then Prime Minister P V Narasimha Rao. In 1993, Rao’s Government allotted one crore to each MPs for development activities in their respective constituency.

In 1998, the NDA Government led by A B Vajpayee hiked the MPLAD fund to two crore.

In April this year, the Planning Commission had rejected the proposal of some MPs to enhance MPLAD funds to Rs five crore from Rs two crore.

The scheme had come under judicial scrutiny in the wake of a sting operation “Duryo-Dhan” in 2005 that had shown some MPs demanding money from contractors to award work for projects under MPLAD scheme.

The expose had led to the expulsion of the members from both the Houses of Parliament.

The MPLAD scheme was in the news also in 2006 following allegations that trusts run by Election Commissioner Navin Chawla”s family got funds from the scheme. (ANI)

Justice Mishra sworn-in as Supreme Court judge

New Delhi, Apr 30 (ANI): Former Jharkhand High Court Chief Justice, Gyan Sudha Mishra, took oath as a Supreme Court Justice on Friday.

Two other judges, who were sworn-in today are Justice H L Gokhale, Chief Justice of the Madras High Court and Justice Anil R Dave of the Bombay High Court.

The three judges were sworn-in by the Chief Justice of India K G Balakrishnan, taking the totals strength of the apex court judges to 30.

She became the fourth woman judge in the Supreme Court.

Mishra (61) was initially appointed as judge of the Patna High Court in March 1994, but was transferred to the Rajasthan High Court.

After 14 years there, she was elevated to the post of Chief Justice of the Jharkhand High Court in Ranchi in July 2008.

Mishra enrolled as an advocate in the Bihar State Bar Council in November 1972 at a time, when a woman entering the legal profession was a rarity.

She was appointed a government advocate for Bihar in 1982. (ANI)

Sarosh Homi Kapadia appointed as new Chief Justice of India

New Delhi, Apr 30 (ANI): Supreme Court Justice Sarosh Homi Kapadia has been appointed as the new Chief Justice of India (CJI).

He will assume charge May 12.

Kapadia takes over from Justice K.G. Balakrishnan.

“In exercise of the powers conferred by clause (2) of Article 124 of the Constitution of India, President Pratibha Patil is pleased to appoint Justice Kapadia to be the Chief Justice of India with effect from May 12,” a press release from the ministry of law and justice stated.

Kapadia was appointed as Chief Justice of the Uttaranchal High Court on October 5, 2003.

Later, he was elevated to the Bench of the Supreme Court of India on December 18, 2003. (ANI)

Commission on Centre State Relations submits report

New Delhi, Apr 19 (ANI): The Commission on Centre State Relations headed by former Chief Justice of India Justice Madan Mohan Punchhi submitted its report to Union Home Minister P. Chidambaram here today.

The Report contains seven volumes.

After receiving the report Chidambaram assured the Commission that the report would be processed expeditiously.

The Commission has been set up to look into the new issues of Centre-State relations keeping in view the sea-changes that have been taken place in the polity and economy of India since the Sarkaria Commission had last looked at the issue.

The Sarkaria Commission in the mid-eighties undertook a comprehensive review of the Centre-State relations.

In April 2007, the present Commission was constituted to take a fresh look at the relative roles and responsibilities of the various levels of government and their inter-relations.

The Commission was asked to make recommendations to help address the emerging challenges.

The members of the commission are –Dhirendra Singh, Vinod Kumar Duggal, Dr. N.R. Madhava Menon and Vijay Shanker. (ANI)

Commission on Centre State Relations submits report

New Delhi, Apr 19 (ANI): The Commission on Centre State Relations headed by former Chief Justice of India Justice Madan Mohan Punchhi submitted its report to Union Home Minister P. Chidambaram here today.

The Report contains seven volumes.

After receiving the report Chidambaram assured the Commission that the report would be processed expeditiously.

The Commission has been set up to look into the new issues of Centre-State relations keeping in view the sea-changes that have been taken place in the polity and economy of India since the Sarkaria Commission had last looked at the issue.

The Sarkaria Commission in the mid-eighties undertook a comprehensive review of the Centre-State relations.

In April 2007, the present Commission was constituted to take a fresh look at the relative roles and responsibilities of the various levels of government and their inter-relations.

The Commission was asked to make recommendations to help address the emerging challenges.

The members of the commission are –Dhirendra Singh, Vinod Kumar Duggal, Dr. N.R. Madhava Menon and Vijay Shanker. (ANI)

VHP activists protest against Supreme Court”s verdict on live-in relationships

New Delhi, Mar 29 (ANI): Activists of the Vishwa Hindu Parishad (VHP) on Monday staged a protest here against the Supreme Court for citing the example of the relationship of Hindu god Lord Krishna with his consort Radha to corroborate its judgment on live-in relationships.

The protestors asked the apex court to take back its observation.

“The observation made by it (apex court) regarding Radha-Krishna has hurt the sentiments of billions of Hindus. We request the Supreme Court that it should withdraw this comment from the final verdict. It should take back its observation,” said Swadesh Pal Gupta, Delhi VHP President.

The Supreme Court had on March 23 threw its weight behind live-in relationships, observing that for a man and a woman in love, to live together is part of the right to life, and not a “criminal offence”.

“If two people, man and woman, want to live together, who can oppose them? What is the offence they commit here? This happens because of the cultural exchange between people,” a special three-judge bench of Chief Justice of India (CJI) K G Balakrishnan and Justices Deepak Verma and B S Chauhan observed.

“If living together is an offence, then the first complaint should be filed against the Supreme Court, because we have permitted living together,” the court said, referring to a 2006 judgment in which the Supreme Court directed the administration and police across the country to protect runaway couples from harassment, and to initiate action against those resorting to violence.

The court was hearing a batch of petitions filed by actress Khusboo to quash the 22 FIRs filed against her by Tamil activist groups and forums for her alleged comments on pre-marital sex in interviews five years ago.

The VHP, founded in 1964, is an ideological ally of the Bharatiya Janata Party (BJP) and the Rashtriya Swayamsevak Sangh (RSS). (ANI)

Journalism has a vital role to play in progress of a nation: Kapil Sibal

New Delhi, March 22 (ANI): Union Minister for Human Resources Development Kapil Sibal on Monday said that the journalism has a vital role to play in the progress of a nation.

Addressing during a programme related to the giving away of IPI-India Awards for Excellence in Journalism for the year 2009 in the national capital, Sibal said that the two key entities for democracy were Free Press and Free Judiciary.

On the aspect of freedom of speech, Sibal reminded the journalists that it does not merely mean passing adverse comments on any issue, event or a person but speaking for those millions who do not have the voice to express their grievances and make them heard.

In the same vein, Sibal also had a dig at politicians when he mentioned that a majority of the leaders do have the voice to say that they rarely use and it is the media that lets them speak. That is how he would define freedom of speech, Sibal stated.

Touching about the ‘Trial by Media’, Sibal said it has emerged due to the failure of the obligatory machinery of law.

Further, Sibal regretted the fact that these days several editors assign beats to journalists who lack the basic knowledge of the subject matter.

As such, he suggested, the journalists should cultivate commitment, passion, and attitude in their profession.

Earlier, Dr. Justice A. S. Anand, former Chief Justice of India had raised the topic of trial by the media.
He said that two odd trends in the media of late are against journalistic ethics namely; the media trial and the paid news.

The IPI-India Award for the year 2009 were presented to Bidisha Ghosal of The Week magazine for her in-depth coverage on sexual exploitation of the widows in Vidarbha region of Maharashtra after their farmer husbands had committed suicide.

The other award winner was Indian Express. It was conferred for the daily’s exposition of radical Hindus being the masterminds in the Malegaon blasts.

IPI-India is the Indian chapter of the Vienna-based International Press Institute, a forum of editors, media experts and journalists, and it is committed to free press. (ANI)

Manmohan Singh not in tune with Sonia Gandhi over RTI

New Delhi, Mar 5 (ANI): Prime Minister Dr Manmohan Singh has reportedly disagreed with Congress President Sonia Gandhi over the Right to Information (RTI) Act.

As per news channels, Dr Singh is in favour of excluding the office of the Chief Justice of India (CJI) from falling under the ambit of the RTI Act, whereas Sonia Gandhi has opposed any amendments in the Act.

The changes proposed by the Prime Minister in the RTI Act will keep the office of the Chief Justice of India out of the purview of the Act.

There are reports that Dr Singh has written a letter to Congress President saying that some changes are needed in the RTI Act to address the concerns of the judiciary.

A leading news channel on Thursday night reported that Sonia Gandhi wrote to Dr Singh two months ago that she was determined that there should be no amendments to the Act and the existing RTI Act should be put into operation appropriately.

The channel further reported that Dr Singh in his reply said there was a need for RTI amendments, but all stakeholders would be consulted prior to making any alteration.

There are reports that the Chief Justice of India (CJI), K G Balakrishnan, wrote a letter to Dr Singh in November 2009 expressing concern over the possible consequences of bringing his office into the purview of the RTI Act. (ANI)

Delhi High Court says judges asset declaration covered under RTI

New Delhi, Sep.2 (ANI): The Delhi High Court has on Wednesday said that the Chief Justice of India is a public authority under the RTI Act, which means that asset declaration is covered by the RTI under Section 8 1 (A).

This comes after SC judges had decided tp make their assets public. The only question was whether judges would entertain questions from the public under the RTI act.

A petition was filed by the apex court in the Delhi High Court challenging the Central Information Common Order which had questioned whether the judges revealed their assets to the Chief Justice of India.

Political parties and legal experts last week had welcomed the move of the Supreme Court judges to make public the details of their assets.

Union Law and Justice Minister M. Veerappa Moily said: “If they have come forward to disclose it, it is welcome. It is for the judges to decide how it should be done because what is best in the interest of the judges, they are the best judge.”

Welcoming the move, BJP spokesperson Ravi Shankar Prasad said: “I am afraid that this decision could have been taken earlier and the unfortunate controversy over the last couple of months could have been avoided.”

Congress spokesperson Abhishek Singhvi said the judiciary has avoided “further needless controversy”, but it could have been avoided if the decision was taken earlier, he said.

“It is a question of public perception and public confidence, trust, faith and in that light it is a step in the right direction,” he said.

Describing it as a very good decision taken by judges, Former Attorney General and constitutional expert Soli Sorabjee said: “I think it is a very good development. It”s better late than never.”

“I am sure their initial reluctance not to declare assets was not because they had anything to hide. They had misgivings that it may be misused,” he added.

Senior lawyer Harish Salve said: “The whole controversy had become very unsavory with this kind of suggestions that judges have something to hide they want to be above the law. I am so happy that the Supreme Court has risen to the occasion.”

Senior advocate Prashant Bhushan said the move would also now encourage the High Courts judges to make public their assets.

“It is absolutely a welcome move and I am sure it will also encourage the judges of the High Courts to publicly declare their assets and force the government to put up assets of government servants on public website which can be accessed by the people,” Bhushan said.

Terming the decision as “excellent”, senior advocate K K Venugopal said: “I think it is the greatest step that the judiciary could take because it has cleared all the clouds which have been hanging over the issue.” (ANI)

Centre withdraws security cover given to twenty-four VIPs

New Delhi, Aug 29 (ANI): As part of its comprehensive review and rationalisation of the VIP security system, the Union Home Ministry has withdrawn X-category security over of over twenty-four individuals,

The Ministry also decided to reduce the number of personal security officers (PSOs) from three to two to be deployed for X category security.

After the review former Chief Justice of India Y. K. Sabharwal, former MP and Bollywood Star Govinda, former MP Anwar Hussain, UP politician D.P.Yadav, Shoaib Iqbal MLA from Matia Mahal in Delhi, and two Delhi-based journalists and some local leaders from different northeastern states will lose security cover from next month.

Home Ministry sources, the ministry is planning similar reviewing of the Y and Z-category list in due course so that more police personnel are available for actual policing in Delhi.

The ministry will soon write to states to discharge central paramilitary force (CPMFs) personnel who were diverted for VIP security, sources added.

The ministry has also raised concern over the state governments lacking to provide security cover to central protectees, according to their categorisation during their tours in the respective states.

As per the VIP security guidelines, no central protectee can retain his/her Delhi-based PSO beyond 72 hours while on an outstation trip. The PSO is thereafter required to report back to Delhi, leaving the onus of protecting the VIP on the state police.

Meanwhile the Home ministry is also planning to reduce the security cover given to former Union Home Minister Shivraj Patil, National Commission of Scheduled Castes Chairperson Buta Singh, former External Affairs Minister Natwar Singh and Lok Jana Shakti Party Chief Ram Vilas Paswan and others.(ANI)

I have the right to speak on the judiciary: CJI

New Delhi, Aug 24 (ANI): Chief Justice of India K.G. Balakrishnan on Monday called the Karnataka High Court Judge D.V. Shylendra Kumar’s move to declare his own assets as a publicity strategy, and reiterated his right to speak on matters related to the judiciary.

“He wants publicity and such a thing is not good for a judge. Judges should not be publicity-crazy,” Chief Justice Balakrishnan said.

The Chief Justice of India refuted charges that he was against judges making their assets public.

“The public has a right to know what is happening in the judiciary and I am telling them. I stand by what I have said on disclosure of assets by judges, and No one can stop them (Judges) if they chose to do so,” he said.

Earlier, Justice Kumar had said the chief justice of India did not have the authority to speak on behalf of all judges.

“I have the authority to speak in favour of judiciary,” Balakrishnan said.

Earlier senior lawyer Harish Salve said, while he agreed with Justice Kumar’s view that judges should publicly declare their assets, his criticism of the Chief Justice was not in order.(ANI)

Judicial reforms will be initiated in two months, says Moily

New Delhi, July 9 (ANI): The Government is working for a national consensus on judicial reforms, and within a couple of months the judicial reforms will be implemented, Union Law Minister M. Veerappa Moily said.

Speaking during the Question Hour Moily said the process had been agonizing and too long and informed members that the government was in the process of preparing a roadmap for judicial reforms.

Moily said that there is no proposal before the government to give reservation in appointment of judges to High Courts and the Supreme Court for the weaker sections of the society. But the government would consciously suggest names of persons from the weaker sections for the consideration of the Collegiums to be appointed as judges in the higher judiciary.

He agreed with the views of the members to bring transparency in judicial appointments.

Moily also informed the members that the Law Commission had suggested in its report that the primacy of the Chief Justice of India and the power of the executive to appoint Supreme Court and High Courts judges should be restored.

The Department-related Parliamentary Standing Committee had recommended that appointment of judges could be entrusted to a wider body other than the Collegiums with representation from both judiciary and the executive, Moily said. (ANI)

Government can consider setting up of SC bench in South India

New Delhi July 3 (ANI): The Union Government can consider setting up a bench of the Supreme Court in South India, if it receives recommendation from the Chief Justice of India in this regard.

Informing this to the Lok Sabha today, Law Minister M. Veerappa Moily said so far the government has not received any such proposal from the Chief Justice of India.

As per the provisions of Article 130 of the constitution the Chief Justice of India can propose or recommend setting up a bench of the apex court in any part of the country.

Moily also said that setting up of benches of High Courts away from their principal seats will be considered by the Central government after receipt of a complete proposal from the State governments, with the consent of the Chief Justice of the concerned High Court. (ANI)

Drought-hit farmers wish to commit suicide in Jharkhand

Palamu (Jharkhand), June 28 (ANI): Absence of rains has taken a toll of many lives, especially of peasants, whose livelihood depends on rains.

A group of farmers in Jhakhand’s Palamu district, in a letter to the President of India, Prime Minister and Chief Justice of India, have asked for permission to commit suicide.

Acute drought like situation in the region has made the farmers desparate. The farmers say their cannot survive as they are facing drought for three successive years. The Government has not helped them .

“There is no water in the wells. There is no water in the tap. We do not have food to eat. So we are left with no choice but to commit suicide. We can consume poison and die. The government should give us permission to eat poison and die,” said Dulari Devi, a villager.

The District Commissioner, however, said that efforts are on to keep a track of the receding water level.

“We have got information about the receding water level in some places. We are keeping a track of the situation. We are trying to identify pockets where there is a possibility of water level receding to a great extent. In that case we might go for extra deep boring,” said Amitabh Kaushal, District Commissioner for Palamu.

Timely monsoon is vital for India’s largely agrarian based economy, as it determines farm output and subsequent rural demand for a range of products.he four-month (June-September) monsoon is the main source of water for irrigation in the country’s vast farmlands. By Girija Shankar Ojha (ANI)

New Bill would make Indian Judges disclose assets

New Delhi, June 26 (ANI): Union Minister for Law and Justice M. Veerappa Moily said that the Government would bring a legislation in the coming Budget session of the Parliament to ensure disclosure of assets by judges mandatory.

The disclosure of assets by judges has been debated for long time in the country. Barring the Chief Justice, the other Supreme Court judges presently voluntarily file a statement about their assets and liabilities with the Chief Justice of India.

In his meeting with the members of the Press association here, Moily said that he was confident of finalizing judicial reforms by mid -September.

Moily said it would be his endeavour to make the Indian judicial system one of the best in the world, making justice affordable and accessible.

Expressing concern over the long list of cases pending in the courts, Moily said the government would come out with a road map to reduce the pending period from 15 years to three years.

Outlining the first 100 days programmes of his Ministry, Moily said that 100 Central Bureau of Investigation (CBI) courts will be established to hear corruption cases on the lines of the fast track courts. A hundred more courts would be set up to handle the cases of atrocities against the women and children, he added.

The Law Minister disclosed that action will be taken soon to fill the various posts in the judicial service to reduce vacancies. (ANI)

Chief justice worried over declining number of people approaching courts

Chandigarh, May 23 (IANS) Chief Justice of India K.G. Balakrishnan Saturday expressed concern over the decline in the number of people approaching the courts in the last few years and urged them to seek the services of the judiciary for legitimate settlement of their cases.

“We are not worried with the number of cases in the court but are worried that people are not coming to the courts. There has been a decline in the number of civil cases. So people might be looking for some option other than judiciary to solve their conflict,” said Balakrishnan here.

“Are people looking for some extra-constitutional methods to solve the cases outside the court? If yes, then we are worried about that,” said Balakrishnan.

He added: “However, the best method to solve any case is only through judiciary and people should move towards court. Judiciary should work to maintain harmony throughout the country.”

Balakrishnan was in the city to inaugurate the Chandigarh Judicial Academy.

Chief Justice of Punjab and Haryana High Court Tirath Singh Thakur and various judges of Supreme Court and other courts also attended the event.

The academy has been built over an area of 8.5 acres at the cost of Rs.628.2 million (Rs.62.82 crore) that has been equally contributed by the states of Punjab and Haryana.

“We were badly in need of a judicial training centre and (have) got a good centre here in Chandigarh. We will also establish it into a regional centre so that law officers from other states like Rajasthan, Jammu and Kashmir, Himachal Pradesh and Delhi can also come here for training,” said Balakrishnan.

Balakrishnan said: “We want judicial training centres to enhance the analytical skills of the judges. These centres will inculcate the principles of basic human rights and constitutional values in the judges and teach them on how to deal efficiently with women related issues, HIV patients, socially deserted persons and how to sensitise them.”

About the pending cases, he said: “There are 1.62 crore (16.2 million) criminal cases pending in the courts and we have only 15,000 courts, which is not sufficient for a vast country like India. We need 10,000 more courts, I know that is not possible so we have to make optimum use of whatever we have.”

Balakrishnan also praised the working of National Judicial Academy of Bhopal in Madhya Pradesh.

“National Judiciary Academy is doing a great job. Recently they have trained 1,500 law officers and we have taken the feedback from them about their problems, expectations and experience of study there. Now we would analyse it and modulate the academy accordingly.”

He said that presently only 85 percent capacity of the National Judicial Academy was being used and the aim is to increase it to 99 percent.

Anand Margis seeks judicial probe into killing of their monks in 1982

Kolkata, May 1 (ANI): Around 500 people belonging to Anand Marg, an occult sect, participated in a silent procession here on Thursday.

They were demanding a judicial inquiry into the killing of 17 monks and a nun allegedly by the Communist Party of India (Marxists) goons in 1982.

The procession was organised by the Ananda Marga Pracharaka Sangha (AMPS), to pay homage to the 17 monks and a nun who were killed on April 30, 1982 in Kolkata.

“We want judicial enquiry into this particular incident. This particular incident still remains in secrecy. Nobody knows what happened, who has killed. Nobody has been given punishment. We want that the culprit should be given punishment,” said Acharya Kalyenvaranada Avadhuta, public relation secretary, AMPS.

As a protest against what they term to be the CPI-M’s tyranny that claimed the lives of the 17 monks and a nun, the Anand Margis have been holding this silent rally every year on April 30.

Claiming to be a spiritual movement, Anand Marg founded by P R Sarkar in 1960, is viewed as a cult since certain rituals practised by its followers are unusual and these include the use of skulls and allied occult traditions.

Anand Marg had been banned by the Supreme Court after there was a hue and cry by the public over its followers practising rituals with human bones, daggers and even snakes in the open.

This organisation was accused of killing of Central Railway Minister L N Mishra at Samastipur in Bihar in 1975. In the same year, a couple of Anand Margis were also arrested for hurling a bomb at the Chief Justice of India, A N Ray at a traffic intersection, near the Supreme Court. (ANI)