Cops, lawyers should not fight with each other: Bombay HC

Cops, lawyers should not fight with each other: Bombay HC
Cops, lawyers should not fight with each other: Bombay HC

Quashing a criminal case filed by a woman police constable against an advocate, also a woman, who used to park her car in front of Mahim police station here, the Bombay High Court has asked police personnel and lawyers not to fight with each other.

“It can’t be forgotten that advocates, police officers, public prosecutors and courts are stake holders in criminal administration of justice and they are expected to respect each other and not to fight,” observed a bench of Justices V M Kanade and Nutan Sardessai in a recent order.

Advocate Vaijayanti Kalekar used to park her car in front of the police station. One day, she had an argument on the parking issue with a woman constable who alleged that the lawyer was constructing a parking shed for the vehicle.

Following the altercation between the two, a complaint was filed by the constable against the lawyer alleging that the latter had insisted that she would continue parking the car and said the constable was free to do whatever she wanted against her.

Kalekar was booked under IPC sections 353 (assault or using criminal force to deter a public servant from performing duty), 188 (disobedience to the order promulgated by public servant) and 506 (criminal intimidation). She moved the high court seeking quashing of the police complaint.

“In our view, even if statements made in the complaint are accepted on its face value, the ingredients of offences which are levelled against the applicant lawyer are not made out.

Also, the applicant (lawyer) ought not to have behaved in the police station in a manner alleged by the constable.

“Without going into the correctness or otherwise of what is mentioned here, we are of the view that the allegations levelled against the applicant are not borne out from the statement made by the complainant,” said the judges.

“A perusal of the statement of the complainant clearly discloses that the ingredients of the offences levelled against the applicant are not made out even if they are accepted on its face value,” the court said while disposing of the application filed by the lawyer.

( Source – PTI )

Lawyers seek dates in HC in accordance with their vehicle no.

The Delhi High Court today faced a peculiar situation when advocates appearing in various matters sought particular dates owing to the AAP governments proposed odd-even numbers vehicle policy. A bench of Chief Justice G Rohini and Justice Jayant Nath was surprised when a lawyer appearing for a petitioner requested the court to give her an even number date instead of January 19 date given to her.

“Can I request the bench to give me an even number date as I am being given January 19 date. I have a one car family which has an even number registration,” advocate Vaishalee Mehra said.

 

The requested prompted the bench to smile and it acceded to the counsels request and changed the date of hearing of her matter to January 18.

A similar situation again happened before the same bench when a lawyer said that he will have to buy two cars to appear in his matters due to different odd and even dates of hearing.

The bench had earlier in the morning refused to pass any interim direction on the PILs filed against AAP governments plan to restrict plying of private vehicles from January 1 to combat pollution, saying it was too early to pass an order.

It had termed the PILs as “premature” and said, “The Delhi government has proposed an idea, which is to be implemented from January 1, 2016, on trial basis for 15 days, so let them (Delhi government) try it.” PTI

Lawyers should not go on strike: SC

Lawyers should not go on strike: SC
Lawyers should not go on strike: SC

The Supreme Court today said lawyers should not go on strike or give calls to boycott courts, while allowing a months time to the Bar bodies to convene a meeting to solve the problem “once and for all”.

“My view is that the lawyers should not go on strike,” a bench of justices Kurian Joseph and Arun Mishra said, adding that its like “Brahmastra” (weapon created by Brahma) one should use it in a difficult situation, but now a days this is being used frequently.

The court also observed that there is a constitution bench judgment of the Supreme Court prohibiting strike by lawyers.

“This is a very serious problem, it needs to worked out,” the bench said.

The courts oral observation was made during hearing of a PIL by NGO Common Cause through advocate Prashant Bhushan, which has approached the apex court against the recent strike of lawyers in the Delhi High Court and District Courts on the issue of pecuniary jurisdiction.

Meanwhile, senior advocate Ram Jethmalani, appearing for the Bar, said “not to work is also a constitutional right…”.

He, however, said that we can sit down in the family of lawyers and decide the issue.

Responding to this, the bench said that in a months time meeting of the important sections of the Bar Associations be called to see if problem can be sorted out once and for all.

The court also directed Chairman of Coordination Committee of District Bar Association, Delhi High Court Bar Association and Bar Council of India to reply to the notices issued to them as to why action for contempt of court should not be taken against them for willful violation of the constitution bench judgement.

( Source – PTI )

HC stays SDC proceedings against 14 suspended lawyers

HC stays SDC proceedings against 14 suspended lawyers
HC stays SDC proceedings against 14 suspended lawyers

The Madras High Court bench here today restrained the Special Disciplinary Committee (SDC), set up to hold an inquiry against 14 lawyers suspended by Bar Council ofIndia for storming court rooms and shouting slogans against judges, from going ahead with its proceedings slated to start tomorrow.

A division bench, comprising Justices R.Sudhakar and V M Velumani, passed the interim order on a PIL which sought to restore the disciplinary proceedings against the advocates to Karnataka State Bar Council, as originally proposed by BCI.

The court directed the Secretary of the Bar Council of Tamilnadu and Puducherry (BCTP), who constituted the SDC, the Chairman of the BCI and the SDC to give their views on the plea in the PIL.

Petitioner M.Mohammed Rafi, an advocate, submitted that the BCI on September 24 suspended the 14 lawyers for not giving even minimum regard or respect to law and breaching the legal limitation and burning the effigy of a judge who made wearing of helmet by two-wheeler riders compulsory.

Initially, the BCI constituted a disciplinary committee consisting of members from the Karnataka Bar Council so that a fair and proper inquiry could be conducted. But following a “sly” request from the BCTP, the BCI transferred the inquiry to the state body.

The petitioner claimed that of the three members nominated to the committee, Ranganathan and Varathan were close friends of two of the suspended lawyers M Thirunavukarasu and Nedunchzhian. Varathan was meeting the delinquent lawyers at a lodge in Chennai, he alleged.

Several lawyers of the BCTP were openly supporting the errant lawyers. He had made a representation to the BCI and the BCT on September 29 last to transfer the inquiry to any other state, But the BCTP rejected the plea.

He urged the court to stay the proceedings by the SDC constituted by the BCTP and quash the order setting up the committe.

Further, the BCI Chairman should be directed to restore the original order directing the Karnataka state Bar Council to conduct the inquiry, he submitted.

( Source – PTI )

HC lawyers stay away from judge’s court for 6th day

HC lawyers stay away from judge's court for 6th day
HC lawyers stay away from judge’s court for 6th day

Lawyers at the Calcutta High Court continued to boycott the court of Justice Girish Gupta for the sixth day today alleging misbehaviour and demanded that he apologise to the Bar.

“There is no solution in sight to the stalemate so far,” Calcutta High Court Bar Association secretary Rana Mukherjee told PTI.

A new secretary would take over tomorrow replacing Mukherjee.

“Let us see whether any solution is reached after the new secretary takes over,” Mukherjee said.

“Owing to misbehaviour and insult meted out to advocates for a pretty long time, we took a resolution to abstain and refrain from attending the court of Justice Girish Gupta,” he said.

The Bar Association wrote to Chief Justice Manjula Chellur that lawyers would not attend the court of Justice Girish Gupta till he apologises to the Bar (lawyers), according to Mukherjee.

Justice Gupta sat in his court room in the morning and matters were called according to the list.

But as lawyers were absent from the court, he rose and retired to his chamber later in the day.

Calcutta HC lawyers stay away due to heat, litigants suffer,CJ unhappy

Calcutta HC lawyers stay away due to heat, litigants suffer,CJ unhappy
Calcutta HC lawyers stay away due to heat, litigants suffer,CJ unhappy

Lawyers stayed away from Calcutta High Court Wednesday as part of a three-day cease work citing hot and humid conditions, causing harassment to thousands of litigants and prompting the Chief Justice to term the advocates’ action as “irritating and painful”.

All the court rooms were open on today with the judges in their seats, but absence of lawyers led to cases not being taken up for hearing.

Voicing unhappiness with the decision of the lawyers not to attend court from today till Friday owing to hot weather conditions, Chief Justice Manjula Chellur and Justice Joymalyo Bagchi said that if people in other professions like police sergeants, nurses, lawyers in lower courts, etc can work, it should not be so difficult for them.

The Chief Justice also likened the attitude of a section of lawyers practising at the high court with that of school children.

He said the lawyers’ decision was irritating and painful.

The division bench comprising the Chief Justice and Justice Bagchi directed that if any lawyer wanted, he could appear in court in white shirt and pants when some advocates informed it that all the lawyers’ rooms were locked and they could not get their coats and gowns.

The High Court Bar Association had yesterday taken a majority resolution not to attend court from June 10 to June 13 owing to excessive heat and humidity.

The chief justice had asked the lawyers to attend court in the interest of litigants, but the advocates stuck to their decision.

The high court Bar Association secretary Rana Mukherjee was not available for comment.

The high court had reopened on June one after a fortnight-long summer break.

Stop victimisation of Muslim youths

Several activists and political leaders, including CPI-M general secretary Prakash Karat and RJD chief Lalu Prasad, has demanded that “the harassment and victimisation of innocent Muslims youths” by security agencies in the name of fighting terror be stopped.

In a convention on “Politics of Terror”, organised here by representatives of Left and other political parties, they asked the government to stop the arrests of “innocent Muslim youths”.

Various universities lecturers, Political leaders, human rights activists, lawyers and professors has been participated in the convention.

Rashtriya Janata Dal (RJD) leader Lalu Prasad said: “The situation is deteriorating day by day for the Muslim community.” Police is targeting Bihar’s Muslim youths, he said.

“After Uttar Pradesh’s Azamgarh, Bihar’s Muslim youths are on the hit-list of police and central agencies,” Yadav alleged at the meet.

Districts of Bihar like Sitamarhi, Madhubani and recently Darbhanga have witnessed such arrests.

Darbhanga’s native Fasih Mahmood, an alleged Indian Mujahideen operative was arrested by Delhi Police on charges of a 2010 bombing incident at Jama Masjid here.

The 35-year-old engineer from Bihar, employed in Saudi Arabia, was arrested at Delhi airport Oct 22 when he arrived after his deportation from that country.

Communist Party of India-Marxist (CPI-M) leader Karat said: “The agencies are misusing the Unlawful Activities (Prevention) Act (UAPA). The Muslim youths are their soft target. Those youths are arrested on allegations of terror (and are) very easily booked under this law.”

Lok Janshakti Party (LJP) president Ramvilas Paswan, CPI general secretary A.B. Bardhan and independent member of the Rajya Sabha Mohd. Adeeb also condemned the arrests of Muslim youths.

They also said, “Several Muslim youths have been acquitted by the courts in the past few years after they were found innocent of terror charges.”

Telangana protesters refuse to disperse

Braving heavy rain, thousands of protesters demanding a separate Telangana state refused to leave Necklace Road here even as the deadline set by police ended Sunday evening. The marchers earlier clashed with security personnel.

Police used water cannons to disperse protesters after they squatted on the road on the banks of Hussain Sagar lake.

Telangana Joint Action Committee (JAC) convenor M. Kodandaram and other leaders said the protest would continue till the central government agrees to the demand for a separate state.

Police had given permission for the march from 3 p.m to 7 p.m.

Earlier, protesters set afire two police and four media vehicles and tried to attack two restaurants and a multiplex. People from the city and neighbouring districts converged on Necklace Road as tension mounted due to clashes in surrounding areas.

Holding flags of their respective parties and groups, the protesters squatted on the Buddha Bhavan-P.V. Ghat stretch. Hundreds of youngsters occupied the parallel railway track.

Raising slogans of “Jai Telangana” amid the beating of drums and singing songs by Telangana artists, men, women and children from various sections asked the central government to make Telangana a separate state.

Leaders of the JAC, Telangana Rashtra Samithi (TRS), Bharatiya Janata Party (BJP), Communist Party of India (CPI) and organisations of students, employees, lawyers, women and trade unions were on the dais.

Youngsters removed barricades and clashed with police to advance towards the secretariat and other high-security areas. Police fired tear gas shells in at least three places to disperse protesters who tried to remove barricades.

Police twice arrested MPs from the ruling Congress from Telangana who staged a sit-in in front of the chief minister’s office to protest large-scale arrests of people coming to Hyderabad.

A section of state ministers from the region threatened to quit.

The cancellation of dozens of trains and buses in Telangana region and the arrests of hundreds headed to the state capital angered pro-Telangana groups, who alleged that the government was trying to suppress the movement despite giving permission for the march.

The Indo-Tibetan Border Police (ITBP) was deployed at the chief minister’s camp office in Begumpet.

Several parts of the city resembled battle zones, with police sealing off the routes around the secretariat, the chief minister’s office and other high-security areas.

Legislators of the Telugu Desam Party (TDP) were also arrested in front of the assembly building as they blocked traffic in support of the march.

Amid fears that properties of people from Andhra and Rayalaseema regions could be attacked, many roads were sealed off. Police chief Dinesh Reddy monitored the situation from a helicopter.

At Osmania University, students stoned police.

JAC convenor M. Kodandaram condemned what he said was a government conspiracy to foil the march by cancelling trains and buses from various parts of Telangana to Hyderabad.

Another Telangana leader, N. Janardhana Reddy, threatened to disrupt the UN global biodiversity meet opening here Monday.

Judicial activism shouldn’t erode constitutional principles: President

President Pranab Mukherjee Saturday cautioned against judicial activism resulting in the erosion of constitutional principles of separation of powers between the three pillars of state and and called on Indian judiciary to reinvent itself through introspection and self-correction.

Speaking at the valedictory function of the sesquicentennial celebrations (150 years) of the Madras High Court here, Mukherjee said: “Judicial activism should not lead to the erosion of Constitutional principles of separation of power. The principle of separation of power is the power of restraint.”

Appreciating the intervention of courts in issues based on complaints received by post cards or a newspaper report, he however said judicial activism should not blur the distinction between the three organs – legislature, executive and judiciary – of the state.

Noting laws are enacted by legislature, the executive implements them and the judiciary interprets them, Mukherjee stressed that the balance of power mentioned in the Constitution should be maintained.

He said each organ of the government functioning within its own sphere and none taking over the function of the others is one of the basic features of the Indian Constitution.

Stressing on the need to preserve and protect the independence of the judiciary from any encroachments, Mukherjee said that despite the challenges, the judiciary is working hard and called for to be further strengthened.

He said the Constitution is being amended to increase the retirement age of the high court judges, and sought the assistance of all concerned to ensure filling up of vacancies.

According to him, alternative dispute resolution mechanisms should be encouraged to speed up the delivery of justice.

Mukherjee said selection and appointment of judges should confirm to highest standards as credibility of judiciary would depend on the quality of the judges.

Speaking about the Madras High Court, Mukherjee said it is one of the three courts established in India by Letters of Patent issued by Queen Victoria.

The Madras High Court was set up in Aug 15, 1862, exactly 85 years prior to India’s independence, he said, terming it a “guardian and watch tower”. Many luminaries emerged out of this court, he added.

In his address, union Law Minister Salman Khurshid hoped the delivery of justice in the country gets faster, and noted several courts under the Madras High Court have taken up the e-court system.

Pointing out the allocation of Rs.159.82 crore for various court and court related buildings, Tamil Nadu Chief Minister J.Jayalalithaa stressed that her government is sensitive to the needs of the high court.

“An amount of Rs.10 crore has recently been sanctioned for an auditorium and museum for which I have laid the foundation today (Saturday),” she said.

She said the preliminary works on the setting up of the National Law School at Srirangam (her assembly constituency, around 320 km from here) at an outlay of Rs.100 crore has started.

Jayalalithaa also announced the increase in the financial assistance under the Tamil Nadu Advocates’ Welfare Fund from Rs.200,000 to Rs.525,000 without any service period restriction in the event of death of an advocate.

“A recurring annual government grant will be given, up to Rs.4 crore for the Tamil Nadu Advocates’ Welfare Fund,” she said.

Chief Justice of the Madras High Court M.Y.Eqbal welcomed the gathering comprising of state ministers, judges of the Supreme Court, and the Madras, Kerala and Karnataka High Courts, lawyers, government officials and others.

Stay on lawyers paying service tax

The Delhi High Court today issued stay on a notification of the central government regarding imposition of service tax on lawyers. Chief Justice Dipak Misra and Justice Sanjeev Khanna asked the government to file a reply within two weeks and listed the case for hearing on May 23. The notification was to be implemented from May 1.

Earlier on March 24, lawyers of Delhi High Court Bar Association had gone on strike protesting against the imposition of service tax on the lawyers in the new budget presented by the finance ministry as well as the Legal Practitioners Bill 2010 mooted by the Law Ministry.