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The Calcutta High Court recently dismissed a Public Interest Litigation (PIL) raising the grievance of certain irregularities in the award of contract for the purpose of construction of office building at New Farakka BDO Office Campus under Beniagram Gram Panchayat under Farakka Development Block. The PIL has been filed by Sk. Ajarat Ali. Having perused the record, the Division Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj found that no material particular of any alleged irregularities have been disclosed in the petition nor any supporting documents have been enclosed except by enclosing one representation by the petitioner. During the course of hearing, counsel for the petitioner has fairly stated that the petitioner was earlier the highest bidder but the said fact has not been disclosed in the petition. Also Read: Allahabad High Court grants conditional bail to village head accused in misappropriation of school building fund If the petitioner was th

Public interest litigation is filed in a court of law to protect public interests like pollution, terrorism, road safety, construction hazards, etc.  Any matter related to the society where the interest of the public is affected at a large scale can be addressed by filing Public interest litigation in a court of law. Public interest litigation is not defined in any state or in any act.   Issues raised in Public Interest Litigation In matters of bonded labor Children that have been neglected by society The exploitation of casual workers and non-payment of minimum wages Women’s atrocities Adulteration of food Heritage and cultural preservation Disbalance in ecological equilibrium due to environmental pollution Also Read: What is an Employee Bond Agreement? Who is eligible to file a PIL in India? Any legal citizen of India is eligible to file a public case by filing a petition under the following conditions:  1-A citizen can file PIL in Supreme Court under Article 32 of the

By Sanjay Raman Sinha   Recently the Supreme Court took suo motu cognizance of the sentencing process of capital punishment. The bench of Justices UU Lalit, S Ravindra Bhat and PS Narasimha issued notice to the National Legal Service Authority and said that it will create guidelines to streamline the sentencing process. The suo motu relates to the lack of rigorous objective criteria and mechanism in identification of mitigating circumstances. Since 1980, it has been held that by taking into account the mitigating factors, a humane and balanced judgment may be delivered for death row convicts. In the 1980 landmark judgment of the Supreme Court (Bachan Singh vs State of Punjab), basic jurisprudence pertaining to the death penalty was developed. It was in this case that the concept of “rarest of rare” crime and mitigating and aggravating factors was enunciated. Over the years by the way of several judgments, the code further developed. The current hearing has raked up the issue afresh.

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The Chief Justice of India NV Ramana on Saturday addressed inaugural session of the joint conference of Chief Ministers and Chief Justices of High Courts at Vigyan Bhawan in New Delhi. The prime Minister Narendra Modi along with many other legal luminaries were present to grace the occasion. CJI in his speech mentioned that this conference is an opportunity for all present in the session to learn from their rich experience, knowledge, and wisdom that they are a live link with the people and a great opinion builder. CJI said that Chief Ministers often come across the grievances of people which includes those which are related to judiciary so, it should be a great practice if the judiciary can be enlightened about the expectations of the people. CJI was very keen to identify and address the existing issues to improve the functioning of Judiciary. He said that “All of us are constitutional functionaries and we abide by the constitutional mandate. The role assigned to each of us needs n

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The Calcutta High Court has directed the Director General of Environment and Heritage Department of the Municipal Corporation to decide the petitioner’s representation regarding change in nature of land due by the Private Respondents. The case of the petitioner (Ramyani Ghosal) is that the house of the petitioner is surrounded by a plot, comprising of valuable trees and a big pond. The Counsel for the petitioner submitted that the surrounding area comprised of a Basti of around 50-60 huts and the residents of that Basti were being forced to vacate their houses by the private respondents and that the nature of land was being changed. When the matter was taken up on April 25, the Counsel for the petitioner pointed out that the petitioner has already filed a representation on January 31, 2022, making this complaint to the competent authority. The Counsel for the respondent Municipal Corporation submitted that the Director General of Environment and Heritage Department of the Municipal

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Chief Justice of India N.V. Ramana on Friday chaired the 39th Conference of Chief Justices of High Courts. Speaking during the Conference, which was held t the Supreme Court premises, Justice Ramana said, “Due to our collective efforts, we could fill 126 HC vacancies in less than a year.” “You may recall that one of my first communication to you was about the filling up of vacancies. I have also requested all of you, in our very first online interaction, to expedite the process of recommending names for elevation to High Courts, with an emphasis on social diversity. “I am happy to note that the response from some of the High Courts has been extremely encouraging. Due to our collective efforts, we could fill 126 vacancies in various High Courts, in less than an year. We are expecting 50 more appointments. This remarkable feat could be achieved because of your wholehearted co-operation and commitment to the institution. “I request the Chief Justices of High Courts, which are still h

The Special Court under the National Investigation Agency (NIA) Act had three more accused in the Bhima Koregaon case seeking discharge from all charges against them in the 2018 case. The accused who sought discharge from the case linked to Elgar Parishad that led to violence in 2018 were Sudhir Dhawale, Mahesh Raut and Dr Anand Teltumbde . Sudhir Dhawale who is the prime accused in case, says that he should be discharged as his only contribution is to have lent his name to the Elgar Parishad event with some other other organisers including retired judges Justices PB Sawant and Justices BG Kolse Patil. Dhawale who owns a Marathi left-leaning publication and was arrested on June 6, 2018 claimed in the FIR that he was among the various speakers and his arrest had come after complaint was lodged against him, almost after a week. In his speech Dhawale had called for protection of Democracy and peaceful resistance which come under his fundamental rights as guaranteed by the Constitu

The Calcutta High Court recently dismissed a Public Interest Litigation (PIL) filed alleging that Notice Inviting Tender (NIT) was published for executing the plantation and other related work with estimated value of Rs.5-10 lakhs and in that process, the authority had committed several irregularities such as the NIT was not published in the newspaper, as required the minimum 7 days time for submission of tender was not given and instead of 5% security deposit, only 3% security amount was taken. The PIL has been filed by one Ambuj Tewari. Submission of Counsel for the petitioner is that though the representations were submitted but no action has been taken. Having examined the record , the Division Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj found that the petition was filed on 11.03.2022 and the allegations were made in the petition in respect of the tenders which were floated between June and July, 2021. “The petitioner has belatedly approached the H

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The Supreme Court on Thursday, while expressing concern over a large number of execution applications pending before the Allahabad High Court under Section 34 of the Arbitration and Conciliation Act, the pendency of such execution applications and commercial disputes affects the ease of doing business. A Bench comprising Justice M.R. Shah and Justice B.V. Nagarathna directed the Registrar General of Allahabad High Court to present the current case status before the Chief Justice of High Court. The Apex Court further directed the Chief Justice of Allahabad High Court to constitute a special committee comprising Judges of the High Court and invite suggestions to prepare a roadmap to tackle the arrears. While observing that time has come to take corrective measures, the Court ordered the Allahabad High Court to prepare a roadmap and take a call on how to handle the problem of proceedings to execute the award. The top court of the country noted that commercial disputes should be dispos

The Supreme Court on Thursday has adjourned the hearing on the petition against the Economically Weaker Section reservations in the All-India Quota of the National Eligibility-cum-Entrance Test examination for the week after next. Senior Advocate Arvind Datar mentioned the petitions before the Bench of Justice D.Y. Chandrachud and Justice Bela M. Trivedi. The Counsel said that the bench was sitting till lunch and therefore, the matter was unlikely to be taken today. He also apprised the Court that the exam is on May 23 and the results will be announced on May 30. The Apex Court had said that merit should be socially contextualised and reconceptualised as an instrument that advances social goods that matter to society like equality. The top court had said, “Merit cannot be reduced to narrow definitions of performance in an open competitive examination which only provides formal equality of opportunity” while upholding the constitutional validity of reservations for the Other Backwa

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A bench headed by CJI NV Ramana in the Supreme Court today, reserved its decision on whether the Delhi government’s petition seeking transfer posting rights of officers should be sent to the Constitution Bench for further hearing. On the issue of rights, the central government says that the matter should be sent to the Constitution Bench for hearing. Now the Supreme Court will decide whether the Constitution Bench will hear the matter or not? The Supreme court also said that even if the matter is referred to the Constitution Bench, we will try to have both sides complete their arguments by May 15. On this, SG Tushar Mehta said that he will take a maximum of 2 days. While advocate AM Singhvi, appearing for the Delhi government, said that both the parties can be given a day’s time to complete their arguments. The Union Government has filed an application in the Supreme Court in the matter pertaining to legal dispute between the Delhi Government and the Central Government regarding le

By Kenneth Tiven If you send texts, images, email, search the Internet, click “like” on items on social networking apps, and record voice messages, you leave electronic fingerprints you think are harmless but can be used against you.  American politicians and Russian military leadership are learning these lessons in different battlegrounds. Several thousand text messages were exchanged with the White House before and during the insurrection on January 6, 2021, at the US Capitol. Senior officials ignored warnings it was illegal to disrupt formal acceptance of Joseph Biden’s election victory. This fact will be critical in any criminal prosecution. Former White House chief of staff Mark Meadows gave these texts to the House select committee in a battle over a subpoena. For example, Representative Scott Perry of Pennsylvania urged Meadows to have the nation’s top intelligence official investigate baseless conspiracy theories. Perry wanted Trump to replace the US acting attorney general

The Supreme Court on Wednesday, decided on a four-decade-old dispute related to the regularization of part-time workers in the Life Insurance Corporation(LIC). The Bunch of litigation has a long and chequered history. The dispute, a familiar terrain in service jurisprudence, pertains to the claim for absorption of persons who were engaged by the Life Insurance Corporation of India1 as temporary/badli/part-time workers. Section 23(1) of the Life Insurance Corporation Act 19562 enables LIC to employ such a number of persons as it thinks fit to discharge its functions. Pursuant to clauses (b) and (d) of Section 49(2), LIC has framed the Life Insurance Corporation of India (Staff Regulations) 19603 . Regulation 8 empowers LIC to appoint persons on a temporary basis in Class III and Class IV posts. On 31 January 1981, Sections 48 and 49 were amended to impart statutory force to the Staff Regulations. According to LIC, its staff and employees are governed by the parent enactment and fall o

The hearing in bail petition of Wasim Rizvi alias Jitendra Narayan Tyagi, accused of delivering hate speech during a Dharam Sansad in Haridwar last year, could not take place in the Uttarakhand High Court on Thursday, as the Judge hearing the matter was on leave. Rizvi was arrested by Uttarakhand Police on January 13, 2022, for allegedly making provocative statements against Muslims at a ‘Dharam Sansad (religious conclave) held in Haridwar from December 17 to 19, 2021. The former chief of Shia Waqf Board who recently converted to Hinduism, was booked along with Yati Narsinghanand Giri, seers Dharamdas and Sadhvi Annapurna, and others, under IPC Section 153-A (promoting enmity between different groups on grounds of religion), among other sections, for their alleged hate speeches at the Dharam Sansad. Giri, the controversial priest of Dasna temple in Ghaziabad, had organised the religious conclave. The post Hate speech: Bail plea of Wasim Rizvi postponed as High court Judge is on lea

The Supreme Court on Thursday has begun the final hearings in Center for Public Interest Litigation’s (CPIL) challenge against the appointment of IPS officer Rakesh Asthana’s as Police Commissioner of Delhi. Advocate Bhushan mentioned the matter before a bench that was headed by Justice DY Chandrachud. He also mentioned that due to the judge being on leave , the matter was not heard by the court last time, so this time it needs to be taken on urgent basis. Advocate Prashant Bhushan who appeared for petitioner Centre for Public Interest Litigation (CPIL), said that all parties have filed their affidavits and counter-affidavits. Prashant Bhushan also mentioned that keeping in view the seriousness of the matter , an early date should be fixed for hearing the matter. Justice Chandrachud, understanding the gravity of the matter said that the hearing will be held soon. The post Supreme Court to hear plea challenging appointment of Delhi police Commissioner Rakesh Asthana soon appeared

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By Lokendra Malik Chief Justice of India (CJI) NV Ramana completed one year in office on April 24 this year. He assumed the highest judicial office in the country during a difficult time. His predecessor, CJI SA Bobde, failed to break the deadlock in the Supreme Court collegium and ten vacancies of judges had piled up there. It was due to CJI Ramana’s sincere efforts and dynamic leadership that all those vacancies were filled up when he became the leader of the collegium, the authority which selects judges for the Supreme Court and High Courts since 1993. Surprisingly, CJI Bobde could not convince his collegium colleagues to select even a single judge for the Court. Media reports indicate that a stalemate had occurred in the collegium regarding the names of a few judges, particularly those belonging to the minority community whose appointments were not acceptable to the centre. The reports also indicated that Justice Rohinton F Nariman, a senior Supreme Court judge and collegium me

The Allahabad High Court has refused to interfere with the order that a person accused of molesting a minor should not join the police force. A Single Bench of Justice Saurabh Shyam Shamshery passed this order while hearing a petition filed by Sudhir Kumar. In this petition, the Petitioner is desirous to become a member of a disciplined force and for that he has crossed many hurdles in examination process on the basis of his physical and mental strength. However, a hurdle erected by the petitioner himself came in the way before crossing the finish line. Hurdle is the involvement of petitioner in Case under Sections 363, 366, 368, 376, 511, 420, 467, 471 and 120B and Section 3/4 POCSO Act. Vinay Kumar Singh, counsel for petitioner submitted that earlier, the Court has passed three specific orders to consider the case of petitioner by respondents in the light of Avtar Singh vs Union of India and Others; (2016) 8 SCC 471 and that petitioner had bonafidely disclosed the details of cri