Appointments, transfers pivotal to justice system; interference doesn’t augur well: Supreme Court

Appointment and transfer of judges form “the root of the administration of justice” and interference in that “does not augur well” for the institution, the Supreme Court said on Monday.

It made the observation while deciding to keep the Gujarat High Court Advocate Association’s plea pending which has sought a direction to the Centre to implement the Supreme Court Collegium’s recommendations on the transfer of Bombay High Court judge Justice Akil Kureshi.

The Collegium, headed by Chief Justice of India (CJI) Ranjan Gogoi, had recommended to the Centre to appoint justice Kureshi as the Chief Justice of the Madhya Pradesh High Court.

It later recommended that Justice Kureshi be appointed as the Chief Justice of the Tripura High Court.

“Appointments and transfers go to the root of the administration of justice and where judicial review is severely restricted. Interference in system of administration of justice does not augur well for the institution,” the apex court said while keeping the plea of bar body pending.

A bench comprising the Chief Justice and justices S A Bobde and S A Nazeer was told by senior advocate Arvind Datar, appearing for the GHCAA, that its plea be kept pending till the central government implements the Collegium’s recent recommendations of appointing Justice Kureshi as Chief Justice of the Tripura High Court.

The bench agreed to the submissions of the GHCAA and fixed the matter for further hearing after the Centre takes a call on its decision.

The modified recommendation to send Justice Kureshi to Tripura High Court was uploaded on the apex court’s website late Friday evening and it said that the concerned decision was taken in the Collegium’s meeting held on September 5.

Appointment of Justice Kureshi as chief justice of the Madhya Pradesh high court was recommended by the collegium on May 10 this year.

The GHCAA plea has claimed that the Centre did not clear the file for appointment of Justice Kureshi and on June 7 came out with a notification appointing Justice Ravi Shanker Jha as acting chief justice of the Madhya Pradesh High Court.

The association has contended that the reluctance of the Centre to appoint Justice Kureshi as chief justice of the Madhya Pradesh High Court is against the procedure laid down in the Memorandum of Procedure (MoP) and amounts to a violation of Articles 14 and 217 of the Constitution.

It has further said the inaction on the part of the Centre is an attack on the independence of the judiciary and diminishes the primacy of the judiciary in the matters of appointment and transfer of judges to the high courts and the Supreme Court.

GHCAA president Yatin Oza had reportedly said that Justice Kureshi was being singled out for an order passed by him in 2010, remanding current Union Home Minister Amit Shah in police custody.

Tripura HC notice on journalist killing

Tripura HC notice on journalist killing
Tripura HC notice on journalist killing

The Tripura High Court has issued separate notices to the state government, the Centre and the CBI seeking a reply as to why a CBI probe should not be ordered into the killing of TV journalist Shantanu Bhowmik.

The journalist was hacked to death on September 20 last when he went to Mandai in West Tripura district to cover a protest by the Indigenous Peoples Front of Tripura (IPFT).

The writ petition filed by the journalist’s father Sadhan Bhowmik, seeking a CBI probe, came up for hearing yesterday.

A division bench comprising Chief Justice T Vaiphei and Justice S Talapatra served the notices after studying the submission of advocate Samrat Kar Bhowmik, who represented the petitioner.

Tripura Advocate General Bijan Chandra Das said the court had issued notice to all the three parties.

The petition will be again heard on December 20, he said.

The journalist s father had filed the case on December 7 last.

Earlier he had expressed dissatisfaction over the investigation being conducted by the Special Investigation Team (SIT), constituted by the state government.

( Source – PTI )

Crime against women unusually high in state: Tripura HC Chief Justice

Crime against women unusually high in state: Tripura HC Chief Justice
Crime against women unusually high in state: Tripura HC Chief Justice

Chief Justice of the Tripura High Court Deepak Gupta today praised the governance by the Manik Sarkar government but said the crime against women was “unusually high” in the state.

“Governance in the state is good. There is honesty at the helm of affairs. I find good roads, good libraries and good dispensaries even in remote areas,” Justice Gupta told reporters.

“The conviction rate is very low in the state. The main reason is that filing of FIR is very low. Police here should register FIR and start investigation immediately,” Justice Gupta told a press conference.

He said crime against women is “unusually high” and matrimonial disputes were large in number in the state.

Justice Gupta has been transferred as Chief Justice of the Chhattisgarh High Court. Justice Tinlianthang Vaiphei of the Gauhati High Court will be the new acting Chief Justice of the Tripura High Court and take charge on May 16.

( Source – PTI )

Give job to victim’s kin: Court

The Tripura High Court has directed the state government to provide a job to a woman whose father was killed by the terrorists 14 years ago, a lawyer said here Saturday.

A division bench of Chief Justice Deepak Gupta and Justice Swapan Chandra Das also imposed a fine of Rs.20,000 for not providing jobs to the family of the victims killed by the militants.

Lawyer Rakhal Raj Datta told reporters that Manoranjan Sabar was killed by the NLFT (National Liberation Front of Tripura) militants Jan 8, 2000 and his daughter Chitra subsequently urged the Tripura government to provide her a job at par with the government policy.

“Though Manoranjan Sabar was the bread earner of his family, the state government has ignored its own police to provide jobs to the victims,” Datta said.

The lawyer said that many other families are yet to get government jobs and financial assistance though their family members who were the lone wage earners were killed by the militants many years back.

Tripura may get a separate high court

Supreme court and Union Law Ministry has decided to set up a separate High court for Tripura on March 25, so that Tripura will get a seprate High court this month

Though we have not received any official letter yet, the union Law Secretary has discussed the matter with us verbally and asked us to remain ready for it”, Tripura Law Secretary Data Mohan Jamatiya told reporters.

According to the official sources, Dipak Gupta, a judge of Himachal Pradesh High Court was appointed the first Chief Justice of Tripura High Court who would be administered oath of office and secrecy by the Governor of Tripura on March 23.

Sources also said, two other states – Meghalaya and Manipur also would get separate High Courts during the time.

Chief Justice of the Supreme Court Althamas Kabir and Union Law Minister Aswin Kumar would remain present in the inauguration programme.

Jamatiya said, a notification would be issued by the Rastrapati Bhavan for setting up of the separate High Courts for Tripura, Meghalaya and Mizoram.

Population wise Tripura is bigger than Manipur and about 52,000 cases are pending in different courts, including 6,000 in the Agartala bench of Gauhati High Court, and the figure is on the rise due to shortage of judges.

The obligatory amendment of the North-Eastern Areas (Re-organisation) Act, 1971 and Other Related Laws (Amendment) Bill, 2012 — was passed by the parliament in May last, which facilitated the way for setting up of separate high court in the state.

At present the Agartala bench is working under the Gauhati High Court.