‘No speedy trial, no justice’: SC warns against eroding system’s credibility

Source: Hindustan Times

Prolonged pretrial incarceration due to delays in trials not only violates an accused person’s fundamental rights but also erodes public trust in the judicial system, the Supreme Court emphasized, urging courts across the country to ensure that the process of justice is not derailed by procedural inefficiencies. To read more please go to the following link:

https://www.msn.com/en-in/news/other/no-speedy-trial-no-justice-sc-warns-against-eroding-system-s-credibility/ar-AA1zfbkO?ocid=msedgntp&pc=U531&cvid=f5994339dc364ab7bbd20b604b35a9c2&ei=71

CJI announces Supreme Court hackathon, says AI will be used to streamline functioning

 Source: Deccan Herald

Chief Justice of India D Y Chandrachud on Friday announced the second hackathon of the Supreme Court, which will focus on use of artificial intelligence (AI) to streamline the functioning of the top court. To read more please go to the following link:

https://www.deccanherald.com/india/cji-announces-supreme-court-hackathon-says-ai-will-be-used-to-streamline-functioning-3143944

Law News and Updates - 15.12.2020

 Indian Content:  Compiled by Absolute Guilt for M&J Services - The Eclectic Law Bookstore. 

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Portuguese Civil Code, 1867

https://tinyurl.com/y886mxzq

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‘STAND IN THE QUEUE’

https://tinyurl.com/ybqgzpny

Source: The Leaflet

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Can Emergency Be Declared Unconstitutional Now? Supreme Court To Examine

https://tinyurl.com/y6zspj4k

Source: NDTV

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Supreme Court sends notice on PIL over forced sacramental confessions

https://tinyurl.com/y878kbv3

Source: Hindustan Times

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Madras High Court recalls order after senior counsel cries injustice

https://tinyurl.com/yap47f8j

Source: India Legal Live

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How the Covid pandemic has transformed the practice of law & legal work culture

https://tinyurl.com/yck2a75x

Source: Forbes India

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India’s Decadent Criminal Justice System Cries for Reform

https://tinyurl.com/yafzxkdc

Source: NewsClick

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High court junks govt’s interlocutory application

https://tinyurl.com/ycma4jky

Source: Times of India

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When Supreme Court Crushed Veerappan’s Ultimatum & Saved Democracy

https://tinyurl.com/y84rpted

Source: The Quint

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Disclaimer: Law News and Updates sources material from the public domain. Readers are advised to exercise their discretion and cross-check on the authenticity of the same. Law News and Updates will not be responsible for any consequences arising out of the use of the said material.

Litigants unable to get justice through virtual courts: BCI

Source: The Tribune dated 21.05.2020

-- Satya Prakash

Public, advocates in dark as to what’s really going on in courts, says BCI.
The hearings have often been hit by technical glitches making it difficult for all the stakeholders.

As the court’s function via video-conferencing amid the COVID-19 crisis, Bar Council of India has complained that litigants were unable to get justice through virtual courts.

“Public and advocates are in the dark as to what is really going on in the various courts of the country,” said BCI which regulates the legal profession in India.

“...some people are trying to take undue advantage of lockdown and the legal profession is gradually being attempted to be highjacked by a few blessed Lawyers and selected Law-Firms who have high-level connections. The entire system is likely to go out of hands of common advocates,” BCI alleged, attributing the view to some advocates and bar associations.

In a meeting held here on Wednesday, BCI decided to consult state bar councils and bar associations on the resumption of in-person proceedings.

The Supreme Court, high courts and district courts have been functioning in a restricted manner via video-conferencing since the beginning of COVID-19 lockdown on March 24 as most of the court premises remained out of bounds for judges, lawyers and litigants alike. The hearings have often been hit by technical glitches making it difficult for all the stakeholders.

“On one hand cases of Covid-19 are increasing day by day and on the other, the problems of litigants and advocates are mounting.

Litigants are unable to get justice through the process of virtual courts...due to unsatisfactory Wi-Fi and other technical problems which are a common phenomenon. 

We cannot expect an effective hearing in this process. The public and Advocates are in the dark as to what is really going on in the various courts of the country,” BCI said.

It said the reports received from state bar councils and associations will be submitted to Chief Justice of India SA Bobde within a week.

Taking note of the difficulties faced by advocates practising in SC, BCI decided to approach the CJI and Justice DY Chandrachud, who heads the E-committee of the top court. A maximum of 5 links should be provided to the advocates of each side who apply for the links in a case, it depended.

Without consulting the Bar and without taking the Bar into confidence, if any decision is taken, the same was not going to succeed, BCI said.

No full strength physical hearings in near future: Bombay HC

Source: Indian Express dated 19.05.2020

Chief Justice Dipankar Datta was of the firm opinion that physical courts cannot be opened in near future, said an officer-bearer of a Bar association who attended the meeting

The Bombay High Court on Monday said it will not conduct full strength in-court hearings in near future in view of Covid-19 outbreak and lockdown restrictions.

Chief Justice Dipankar Datta held a meeting on Monday to review the situation in view of the extended lockdown, along with three senior most judges forming the administrative committee of the HC, Advocate General Ashutosh Kumbhakoni, Additional Solicitor General Anil Singh and representatives of Bar associations.

CJ Datta was of the firm opinion that physical courts cannot be opened in near future, said an officer-bearer of a Bar association who attended the meeting.

The officer-bearer said the administrative judges were of the view that in the present situation, physical courts should not be opened. On demands of additional benches for videoconference hearings, the judges said that for every bench, additional staff of six-seven persons is required, which is not possible in the present scenario. However, there will be two division benches and three single benches (altogether seven judges) hearing urgent matters.

As per a circular issued by the HC, it will conduct videoconference hearing as per ongoing arrangement on May 22, 26, 29 and June 2.

The HC on Monday also directed subordinate courts in Maharashtra, Goa, Daman and Diu, Union territories of Dadra and Nagar Haveli that at the district level, a committee of three judges be formed to implement safeguards to minimise spread of Covid-19 during the lockdown.

CJ Datta, through registrar general S B Agrawal, directed subordinate courts to pass judgements in cases which are posted for pronouncement and also pass suitable orders in cases which are brought before them in the form of compromise or settlement after due verification of such compromise.

Earlier in the day, two sets of senior counsels wrote separate letters to CJ Datta urging him to consider the court function with full strength with reasonable safety precautions and social distancing measures to attain normalcy in a phased manner.

A letter submitted by senior advocates Vijay Thorat, Prasad K Dakhephalkar, Vineet Naik, AV Anturkar, Prasad Dani, Atul Damle, Vishwajeet Sawant said it is unlikely that Covid-19 will be eradicated in near future and eventually one will have to accept ‘new normal’ and resume transactions with necessary restrictions.

Senior advocate Anil Sakhare, one of the signatories, said, “We know that measures like social distancing will have to become a norm. As some of the industries are opening slowly, the courts are also essential services. It can be opened in phased manner. Since an enforcement of nationwide lockdown, most cases are heard through videoconference and some lawyers do visit court for orders. The trial courts are also hearing only urgent matters.”

Another letter by senior advocates Iqbal Chagla, Janak Dwarkadas, Fredun E De Vire, Navroz Seervai, Darius Khambata and M P Bharucha urged the HC to explore ways to start sitting at full strength again and stated that court may not be able to deal with the caseload piling while it continues to conduct hearings in restricted manner.

Bombay high court not keen to resume physical court till coronavirus outbreak continues

Source: Hindustan Times

-- K A Y Dodhiya

The Bombay high court (HC) administration held a meeting presided by the chief justice and senior judges, to decide on various presentations by senior advocates and lawyers. seeking resumption of regular court and conducting physical hearings. According to members of bar associations who attended the meeting, the administration was firm in its decision that till the Covid-19 pandemic continues, physical hearings cannot be held.

In light of the onset of monsoon and denial of physical hearings, the member said that the court administration observed that it should first work out the modalities of commencing court work in a phase-wise manner.

The meeting was attended by the additional solicitor general, advocate general, and representatives of various bar associations.

According to another member of a bar association who was in attendance, the meeting centered around two major issues – having physical hearings in the HC and physical hearing in courts other than the HC.

Advocate general Ashutosh Kumbhakoni apprised the attendees about the demarcation of red, orange and green zones by the government depending on the existence of infected cases, and said that a decision regarding physical hearings would be possible only after the state government updated the list later in the evening.

The member further said that the meeting also discussed improving the quality of video conferencing wherein it was suggested to permit call conferencing if video conferencing quality was not good. However, the administrative judges did not show any inclination towards this idea.

A request was also made to increase the number of days when the court worked and the number of judges assigned to hear cases on these days.

According to the bar association member, the administrative judges said that in the current pandemic situation, allowing physical hearings would not be possible but a decision on permitting the same in courts in green zones, and other issues, would be taken only after there was clarity from the government. The decision is likely to be announced on Tuesday.

Combination of virtual, physical courts will be way forward: CJI

Source: Times of India

-- Dhananjay Mahapatra

To read this article, go to link: http://timesofindia.indiatimes.com/articleshow/75796059.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

E-filing will bring court registry to lawyers’ chamber, make work simpler: CJI Bobde

Source: www.hindustantimes.com

https://www.hindustantimes.com/india-news/e-filing-will-bring-court-registry-to-lawyers-chamber-make-work-simpler-cji-bobde/story-93l6LEVUCjEQp4gnOL5RrK.html

He was speaking at an online demonstration of the new e-filing module which will be rolled out by the Supreme Court in the near future.

E-filing of cases will effectively bring the court registry to the offices of lawyers and will make their work simpler and more efficient, Chief Justice of India (CJI) SA Bobde said on Friday.

He was speaking at an online demonstration of the new e-filing module which will be rolled out by the Supreme Court in the near future.

“E-filing has virtually brought the court registry into the chamber of advocates and nothing can be simpler once the steps are understood. E-filing will make the work simpler and more efficient,” Justice Bobde said.

E-filing, he said, received an impetus due to the Covid-19 lockdown which necessitated social distancing and there would be no looking back now.

“We will have to accept the present situation and change our mindset towards the way we look at court proceedings. Half the battle is won with the change of mindset. It is easy to learn but difficult to unlearn.”

The event was also attended by the chairperson of the e-committee, Justice DY Chandrachud who said that e-filing will enhance the rights of citizens to efficient justice delivery.

“We are conscious of the fact that not every lawyer has access to technology. As we age, so we become a little more diffident about the use of technology. So our solutions must factor this in order to ensure that we continue to be an inclusive institution and reach out to those who do not have access to technology,” he said.

Towards this end, the court registry will do “handholding” by engaging data entry operators who will take up the work of data entry and filing so that lawyers do not feel handicapped by the e-filing process, he said.

The new e-filing module which will be introduced for filing cases in the Supreme Court will provide personalized information to every advocate-on-record of cases which have been filed by them, their own list of cases, details of pleadings filed by them and pleadings filed by others in cases in which they appear.

The service will be available round the clock which would mean that a lawyer can file a case anytime of the day and any day irrespective of whether the registry is working or not.

“The mission is to provide facilities for inexpensive and effective access to justice. Rule of law must survive very strongly and operate at all times irrespective of coronavirus,” CJI Bobde said.

Calcutta HC Issues Guidelines For Functioning Of Court Post Lockdown

Source: www.indialegallive.com

https://www.indialegallive.com/constitutional-law-news/courts-news/calcutta-hc-issues-guidelines-for-functioning-of-court-post-lockdown-99227

The High Court of Calcutta has issued several guidelines for the post lockdown functioning of court. At the outset it has been made clear that Court can resume physical functioning in a restricted form only after the transport services particularly suburban trains and public transports system are resumed.

With respect to hearing of matters, the following guidelines have been issued:

• Mentioning will be allowed only by way of Video Conference between 4.30 pm and 5 pm on every working day, restricted to six or seven Courts at a time. Mentioning schedules will be announced in advance on the High Court Website for the convenience of all concerned.
• Benches will sit on a staggered basis; every Bench will indicate a cluster of four to six matters which will be taken up in Courts on every hour of sitting. If such matters are exhausted, other matters scheduled later in that day will not be taken up during such time.
• Apart from the Judges on the Bench, three Court staff will be present in every Court room at any given point of time. No more than six lawyers and litigants will be allowed entry into any Court room at any given point of time.
• The Lawazima Court will publish a list of limited number of matters. Times will also be indicated so that the Lawazima Court is not crowded.

Apart from these the Court has issued other general guidelines:

1. Not more than 25 per cent of the sitting capacity in any library room will be allowed.
2. All lifts will be functional. However, no more than three persons will be allowed on the smaller lifts and not more than five persons will be allowed on the bigger lifts at a time.
3. For the time being, the canteens and refreshment services in the High Court premises will not resume.
4. Only two of the entry gates to the High Court Main Building will be open.

The Court has however clarified that if “physical functioning of the Court resumes but it is observed that the distancing and health and hygiene advisories are not been met, the Chief Justice may be constrained to stop the physical functioning of Court.”

Judges, lawyers shouldn’t wear coat, gown as they make it easier to catch virus: CJI C

Source: India Today Magazine (Online)

Link to this article: https://www.indiatoday.in/india/story/judges-lawyers-shouldnt-wear-coat-gown-easier-catch-virus-cji-1677805-2020-05-14

Chief Justice of India (CJI) S A Bobde on Wednesday said the judges and the lawyers should not wear coat and gown for the time being as they make it "easier to catch virus".

The statement to this effect by the CJI came, while he was holding the hearing through video conferencing, in a case in which arguments were being made by senior advocate Kapil Sibal.

The CJI, who was sharing dais with Justices Indu Malhotra and Hrishikesh Roy, said the apex court may soon come out with instructions on the dress code for lawyers and the judges.

The Judges were not wearing coat and the gown during the hearing conducted through video conferencing.

The observation of the CJI assumes significance in view of the fact that the apex court has been holding courts through video conferencing from March 25 due to the nation-wide lockdown to contain the spread of coronavirus (Covid-19) and had even suspended the entry of advocates and other staff into the high-security zone on the basis of their proximity cards, till further orders.

The impact of the the CJI's statement was instant as the lawyers were seen appearing without coat and gown in cases heard after that through video conferencing.

Earlier, the apex court on Tuesday said that as part of a pilot project, the judges may come to the courtrooms in the apex court premises from next week to hold proceedings through video conferencing.

During the lockdown, the benches usually assemble at the residences of the judges and the lawyers are allowed to join the video conferencing from their homes or offices.

Punjab and Haryana HC to hold 10 benches for hearing of urgent cases over video conferencing

Source: Indian Express dated 10.05.2020

With the court easing the norms for listing of cases, it has also now issued a standard operating procedure for advocates or litigants appearing before the benches remotely and asked them not to record or broadcast the proceedings.

THE PUNJAB and Haryana High Court on Monday next week will hold 10 benches, including two division benches, for hearing of the urgent cases over video conferencing. With the court easing the norms for listing of cases, it has also now issued a standard operating procedure for advocates or litigants appearing before the benches remotely and asked them not to record or broadcast the proceedings.

“During hearing through video conferencing, the parties may kindly help in mind that they are participating in court proceedings, and hence it is expected that they would not resort to any indecorous conduct or dress or comment; further, parties are required to ensure that the proceedings by video conference are neither recorded/stored nor broadcast, in any manner whatsoever, as recording/copying/storing and/or broadcasting, by any means, of the hearings and proceedings before the court are expressly prohibited,” the Registrar (Computerization), Sudeep Goel, said in the SOP.

The court earlier had only been hearing only extremely urgent cases and in the past few days has started hearing urgent cases like anticipatory bails. However, the cases continue to be cleared for hearing only after a request is sent through a form on a website, mentioning the urgency of the case.

The chairman of the HC e-committee, Justice Ajay Tiwari, during a webinar on Thursday said the court has been able to develop technological capacity for functioning of 15 courts. The Bar Council earlier had requested the High Court to start hearing more cases. The number of functional benches has increased gradually with easing of restrictions in Punjab, Haryana and particularly Chandigarh and is being increased depending upon the number of cases approved for listing after mentioning, officials said.

A senior officer of the HC said some of the judges have started hearing matters from HC itself since easing of the lockdown even as the lawyers continue to attend the proceedings remotely, in accordance with the existing guidelines. However, a majority of the judges are hearing cases from residence only with the aide of technology to maintain physical distancing norms.

“The uploading of the orders takes place from the HC itself since the software cannot be accessed remotely but the filing of cases is allowed online. These are testing times and the High Court is normally a place of mass gathering. We are having a bare minimum staff at the HC in accordance with the MHA guidelines and many are working from homes only. It is all need-based like computer and listing branches have more staff requirement and others have less,” the officer said.

In case of any problems over video conferencing, the cases can also be heard through audio conferencing after permission from the bench as per the guidelines. The lawyers have been asked to remain on mute and make submissions only when instructed by the bench. The lawyers can also raise their hand to indicate their request for submission.

The wheels of e-justice

Source: Asian Age dated 07.05.2020

The Indian courts - High Courts as well as the Supreme Court - have proved adept at holding virtual hearings and pronouncing orders

A glimpse of the new normal in a world infected by Covid-19 came in the US Supreme Court hearing arguments by teleconference, with the nine judges asking questions in turn of the attorneys. The proceedings in the unprecedented hearing were also made public in a live audio feed. The issue may have been a seemingly mundane one of a trademark dispute but the hearing, just the first of about 10 cases the justices will hear over the next couple of weeks, establishes the principle that virtual court sessions can help speed up the justice delivery process even in an emergency.

It is moot whether there is an inestimably precious value to watching justice play out live in a room full of people as we have come to experience over time in the traditional format. The grandeur of courtroom drama has been the subject of great stories, serials and films but that takes a backseat now. The Indian courts - High Courts as well as the Supreme Court - have proved adept at holding virtual hearings and pronouncing orders even earlier than the US Supreme Court. What seems to be missing, however, is a compelling sense of urgency that our system, overwhelmed by the pendency of writs, appeals and PILs, needs badly.

Unlike the US Supreme Court which chooses to hear matters only after the Rule of Four is met - at least four judges must decide to take up the case — the Indian top court is the ultimate court of appeal for almost any matter, including anticipatory bail. While virtual rulings handed down so far are to be appreciated when it is so easy to put off hearings in the face of the pandemic, it must be pointed out that substantive issues have not been tackled in many a national cause celebre, including the constitutionality of the abrogation of Article 370 in J&K. Given the predicament of our society that is wracked by excesses of the executive and the slowness of the legislative process, the top court is the supreme arbiter and it must keep the wheels of justice rolling.

From virtual benches to entry curbs — how SC and Delhi HC will work after lockdown

Source: The Print (theprint.in)

-- Apoorva Mandhani

The SC is planning to draw circles in front of case filling counters, while Delhi HC wants its judges, staff to maintain social distancing on premises even after lockdown.

As the country continues to remain under a lockdown due to the Covid-19 outbreak, the Supreme Court and the Delhi High Court are gearing up to enhance their existing facilities for better management as well as initiate precautionary measures so that court premises do not turn into Covid-19 hotspots.

According to sources in the SC, the top court is planning to improve its e-filing system in the next 15 days. A source said this would hopefully reduce the number of people queuing up at counters to file cases.

On a regular day, around 150 to 200 cases are filed at the counters in the Supreme Court.

In front of the filing counters, the court is planning to draw circles on the ground so that people can stand in them at a distance.

Additionally, Supreme Court officials at the counters will no longer be in a face-to-face position with those filing cases as they would be sitting “diagonally” instead, said the source.

The apex court is also in touch with experts from the ICMR and AIIMS to know what chemical can be used to sanitise the court building’s passages. The SC officials are currently trying to obtain approval for a sanitising chemical that can be used on the premises without harming people, said the source. 

The court is also planning to raise the number of virtual benches to five from two. These benches hear cases via video conference. 

As for the modalities of hearing once the court reopens, SC officials are basing their discussions on the 2018 Swapnil Tripathi v Supreme Court of India judgment, in which the Supreme Court authorised live-streaming of court proceedings.

During the hearings, certain restrictions that were put in place before the complete lockdown, will be reintroduced.

For instance, the number of lawyers allowed to go inside the court per party in a case would be restricted to three, and only lawyers for the first six listed cases will be allowed to go in. 

he apex court is also in touch with experts from the ICMR and AIIMS to know what chemical can be used to sanitise the court building’s passages. The SC officials are currently trying to obtain approval for a sanitising chemical that can be used on the premises without harming people, said the source. 

The court is also planning to raise the number of virtual benches to five from two. These benches hear cases via video conference. 

As for the modalities of hearing once the court reopens, SC officials are basing their discussions on the 2018 Swapnil Tripathi v Supreme Court of India judgment, in which the Supreme Court authorised live-streaming of court proceedings.

During the hearings, certain restrictions that were put in place before the complete lockdown, will be reintroduced.

For instance, the number of lawyers allowed to go inside the court per party in a case would be restricted to three, and only lawyers for the first six listed cases will be allowed to go in. 

Courts cannot be converted into hotspots’

As for the Delhi High Court, a letter has been sent by the court’s registrar general to the Chairman of Bar Council of Delhi K.C. Mittal about a “graded action-plan”.

According to the letter, the plan will be created by a committee that has been constituted by Chief Justice of the high court Justice D.N. Patel. This committee will be headed by Justice Hima Kohli of the high court. 

The letter dated 21 April, accessed by ThePrint, highlighted the necessity of a “phased/graded restoration to normalcy plan” and sought Mittal’s suggestions within a week on the issues that are required to be addressed.

It also stated that courts expect a “deluge of fresh cases” that could be filed once they reopen after the lockdown. This is because due to Covid-19, the Delhi High Court and lower courts in the national capital have not been functioning and hearings have been limited to only extremely urgent cases.

It then asserted that “courts cannot be converted into hotspots” and, therefore, “it may not be practicable to open the courts for everyone immediately after the lockdown is lifted”. 

The letter also acknowledged that it may not be possible to predict a definite date for resumption of normal functioning of the court. 

Contacted, Mittal told ThePrint he has already circulated the letter to all the council members and has also sought suggestions from senior members of the bar.

“I am consulting with all the members and some senior members of the bar also, because this is a matter concerning everybody and we would like to have good suggestions,” he said.

“An important issue that’s especially troubling us is the centralised air conditioning, with reports saying that it is a source of spread of Covid-19,” he added. 

Entry restrictions & alternative to central AC

The letter listed out issues to be addressed for formulation of an action plan.

These include “gradual expansion” of cases that would be considered urgent, and availability of infrared thermometers, masks and sanitisers. 

The high court is also contemplating guidelines to restrict entry into courts. The letter stated all stakeholders, including judges, staff, lawyers and litigants, might have to follow social distancing norms in the court complexes even after the lockdown.

Additionally, guidelines could be put in place for restricting entry into the lawyers’ chamber areas in the court complex. Social distancing must also be followed in those areas, according to the letter.

The high court is also exploring an appropriate alternative to centralised air conditioning.

As for the case hearings, the committee is considering putting in place a mechanism for handling of fresh cases. This includes assessment of the need to initially allow filing of  only urgent cases or cases where the period of limitation might be expiring, the letter said.

The nature of the filing — online or manual — to be allowed is also being deliberated upon, it added.

In case hard copies are allowed, the court will have to consider additional safeguards on handling these to rule out chances of an infection. A “centralised filing counter” and petition boxes may be put in place, according to the letter.

Well-equipped permanent video conferencing courts, and creation of a mixed model of ‘virtual and actual courts’ is also being thought of, the letter added.

‘State legislatures can’t let people appeal directly to SC’

Source: Times of India dated 16.10.2019

-- Dhananjay Mahapatra

New Delhi: The Supreme Court on Tuesday ruled that a state legislature could not enact a law permitting an aggrieved litigant to appeal directly to the apex court, bypassing the state high court.

Striking down Section 13 (2) of the Chhattisgarh Rent Control Act, 2011, providing appeal directly to the SC, a bench of Justices Deepak Gupta and Surya Kant said, “The state cannot enact a legislation providing an appeal directly to the SC. That would amount to intruding upon the jurisdiction of the Union, which the state legislature does not have.”

Writing the judgment for the bench, Justice Gupta said, “We are constrained to observe that the men who drafted the Act did not even consider the hierarchy of courts. As pointed above, the Rent Control Tribunal is headed by a retired judge of the high court or a district judge. What is the rationale of making such an order (of tribunal) appealable directly to the Supreme Court? We see no reason why the supervisory jurisdiction of the high court should be excluded.

“We, therefore, have no doubt in our mind that Section 13(2) of the Act, in so far as it provides an appeal directly to the SC, is totally illegal, ultra vires the Constitution and beyond the scope of the powers of the state legislature. Section 13(2) of the Act is accordingly struck down.”

The SC said Entry 77 of the Union List gave power to the Union in respect of jurisdiction and power of the SC, a power which could not be exercised by the state legislature. It also said a bare reading of Entry 65 clearly indicated that state legislature had no power to enact any legislation relating to jurisdiction and power of the SC.

Section 13 of the Chhattisgarh Act had provided that appeal against the order of a rent controller would be filed before the Rent Control Tribunal. But Section 13(2), which has been declared unconstitutional and struck down by the SC, provided that an appeal against the tribunal’s order would, as a matter of right, go before the SC.

SC drive to integrate police, court

Source: Hindustan Times dated 27.12.2018

It seeks to make live exchange of data possible between all criminal courts, police stations

NEWDELHI: A Supreme Court panel has launched a pilot project in Telangana’s Warangal district to integrate two crucial pillars of the criminal justice delivery system -- the courts and police stations.

The inter-operable criminal justice system (ICJS), an initiative of the apex court’s eCommittee, seeks to make live exchange of data possible between all criminal courts and police stations. This would help save precious time i spent on completing paper work and documentary evidence such as the first information reports (FIR) and charge sheets. Tracking court proceedings would become easier for investigating officers.

With ICJS in place, the courts can access live data of FIRs and charge sheets from the police, provided both are ready, in electronic form in the police system. Judges will have access to details of cases, FIR numbers, names of the accused and details of arrest the moment they are uploaded into the system.

In reciprocation, the court will be able to send details of remand orders, bail, property release and other information to the police electronically. Police officers will be able to access live update of court proceedings in each case and also orders passed.

Similarly a charge sheet in electronic form will be notified through the ICJS interface directly to the court concerned. Details of the sections under which suspects are charged by the police, whether the accused are on bail or in jail, the charge sheet number, list of witnesses and name of the investigating officer would be available with the court online. The police will get to know the lawyers appearing in a particular case, access and judicial business records and also the next date of hearing.

Police will continue to get updates along with all the details of the case from day to day until the final termination of a case. The system would also help in bringing fugitives and those facing non-bailable warrants to justice more effectively and quickly.

“There are plans to extend the ICJS data sharing to other states. So far five states have shown interest,” justice MB Lokur, who heads Supreme Court’s eCommittee, told HT. Justice Lokur, also the chairman of ICJS, inaugurated the pilot project through video conferencing on December 15.

With the project, e-courts have now become interoperable with other pillars of the criminal justice system. The next phase would include expanding it to prisons, forensic facilities, the prosecution system and juvenile homes.

Advocate Gyanant Singh lauded the effort of the eCommittee and said live exchange of data between the courts and police would make the criminal justice system more transparent and efficient.

Courts can try a person not booked by police, rules Bombay High Court

Source: The Times of India dated 24.02.2014

Courts can try a person not booked by police, rules HC

Shibu Thomas TNN 

Mumbai: A trial court can use powers under the Criminal Procedure Code (CrPC) to initiate criminal proceedings against a person who may not have been booked by police in a case, the Bombay high court has said. Justice Revati Dere ruled that even if a person is not named as an accused in the police chargesheet, a court can launch prosecution against him at any stage of the trial. But it added that this power has to be used sparingly. The court’s order comes as a relief to Malabar Hill resident Mani Narayan in a 17-year-old case of assault and outraging her modesty (see box). 

    “It is well settled that once amagistrate takes cognizance of an offence, he can proceed against those offenders also who have not been sent up by the police and that absence of chargesheet is not a bar. The power of Section 319 of CrPC is not controlled by the result of investigation,” said Justice Dere. The court set aside as “premature” a sessions court order which while accepting that such powers were available to the magistrate had held that since it was an old case it would amount to abuse of the process of law. 

    The HC held that the delay in the case was not Narayan;s fault, but due to the fact that the accused were absconding for over a decade.

HOPE FOR COMPLAINANT AFTER 16 YRS I n 1997, Mani Narayan alleged that watchmen of her Malabar Hill building obstructed her on the instructions of her society’s secretary, assaulted her and outraged her modesty. The FIR was lodged against two watchmen. Narayan, however, claimed that the police had not recorded her complaint properly and had not named as accused the secretary and other watchmen. In 1998, she moved a magistrate’s court to order further investigations. The two absconding accused were arrested only in 2008. In 2011, the magistrate rejected her plea. The sessions court too rejected her application and held that the trial court’s powers were not tenable as the case was old. Narayan then moved the HC

HC: Apply Section 319 sparingly 
    Merely on the ground that the case is an old one cannot justify holding that invoking of Section 319 of the CrPC will amount to abuse of the process of the law,” said the judge. 

    The HC however cautioned that the power under section 319 had to be used properly and only when the court was convinced that there was enough material available to convict the accused. “The court has to use the said power sparingly and primarily to advance the cause of criminal justice and not as a tool at the hands of the court to cause harassment to persons who are not involved in the commission of the crime,” said the judge adding that the provision should be invoked when from the evidence it appears that a person who has not been named by the police had committed the offence. The court said that the provision should be used “only on the existence of compelling reasons and should not be exercised where the possibilities of the summoned persons, being convicted are remote”. 

    Under Section 319, the court can initiate prosecution of a person who is not booked but against whom there is evidence that he has committed the crime. The court can summon such a person, order his arrest or detain him for the purpose of inquiry or trial.

Conference of Chief Ministers and Chief Justices of HCs this weekend

To read an article about the various legal issues to be discussed in the conference of CMs and CJs of HCs this weekend, go to the following link:
http://epaper.indianexpress.com/c/950167

Use of social media by Courts

To read an article on the use of Skype for producing accused in Court in the Indian Express dated 6.3.2013, copy and paste the following link in your browser:

http://epaper.indianexpress.com/c/849846