#Justice D Y Chandrachud

[astrosblogs]

Duty to step in even in small matters, guard liberty: CJI after Rijiju’s remark

Two days after Union Law Minister Kiren Rijiju, pointing to the high pendency of cases, said if the Supreme Court “starts hearing bail applications… all frivolous PILs” it will add “a lot of extra burden on the Court”, a bench led by Chief Justice of India D Y Chandrachud remarked Friday “it is in the seemingly small and routine matters involving grievances of citizens that issues of the moment, both in jurisprudential and constitutional terms, emerge”.

The bench, also comprising Justice P S Narasimha, said that “right to personal liberty is a precious and inalienable right recognised by the Constitution” and lack of intervention by the Court can even lead to “serious miscarriage of justice”.

The CJI also announced that the Supreme Court will not have any vacation bench during the winter recess starting December 19. “There will be no benches available from tomorrow till January 2, 2023,” he said.

A day earlier, Rijiju had told Rajya Sabha “there is a feeling among people of India that the long vacation which the courts obtain is not very convenient for justice-seekers” and it is his “obligation and duty to convey the message or sense of this House to the judiciary”.

As per practice, the Supreme Court usually has vacation benches only during the long summer vacation between March and July but has no such bench during the winter recess.

The CJI’s remark on the “right to personal liberty” being “a precious and inalienable right” came in an order directing that the sentence imposed on a man, convicted under the Electricity Act, will run concurrently and not consecutively.

The offender, one Iqram, had been sentenced in nine cases for theft of electricity equipment belonging to the Uttar Pradesh electricity department. He had been sentenced to two years’ simple imprisonment and a fine of Rs 1000 in each of the nine cases.

“The facts of the present case provide another instance, a glaring one at that, indicating a justification for this Court to exercise its jurisdiction as a protector of the fundamental right to life and personal liberty inherent in every citizen. If the Court were not to do so, a serious miscarriage of justice of the nature which has emerged in the present case would be allowed to persist and the voice of a citizen whose liberty has been abrogated would receive no attention,” the bench said.

“The history of this Court indicates that it is in the seemingly small and routine matters involving grievances of citizens that issues of the moment, both in jurisprudential and constitutional terms, emerge. The intervention by this Court to protect the liberty of citizens is hence founded on sound constitutional principles embodied in Part III of the Constitution. The Court is entrusted with judicial powers under Article 32 and Article 136 of the Constitution of India. The right to personal liberty is a precious and inalienable right recognised by the Constitution. In attending to such grievances, the Supreme Court performs a plain constitutional duty, obligation and function; no more and no less,” the CJI, writing for the bench, said in the order.

[todayworldnews2k21]

Frame judicial conduct norms: Bar body after judge outburst - Times of India

CHENNAI: Taking exception to the outburst of Justice R Subramanian of Madras HC judge at senior advocate P Wilson while hearing an appeal, All-India Bar Association (AIBA) has written to CJI D Y Chandrachud to frame guidelines for judicial conduct and set up a mechanism to redress complaints of unprofessional conduct by members of judiciary.AIBA also requested CJI to constitute a monitoring…

[seemabhatnagar]

Expert committee was constituted by Supreme Court in the wake of hindenberg report

Background of the case : Vishal Tiwari v. Union of India & Ors.

A bunch of 04 Writ Petitions have been filed before the #SupremeCourt of India in the wake of #Hindenberg Report.

The report alleges, that the #Adani Group of companies has manipulated its share prices; failed to disclose transactions with related parties and other relevant information concerning related parties in contravention of the regulations framed by SEBI; and violated other provisions of securities laws. The report also states that Hindenburg Research has taken a short position in the Adani Group companies through US traded bonds and non-Indian traded derivative instruments.

Directions sought in Writ Petitions

The 04 #WritPetitions separately seek directions from the Apex Court;

Directions to the Union of India and the #UnionMinistryofHomeAffairs to constitute a committee headed by a retired judge of the Supreme Court to investigate the contents of the report published by Hindenburg Research;

Directions to the Union Ministry of Home Affairs to register an #FIR against Mr. Nathan Anderson (#founder of Hindenburg Research) and his associates for short selling, and for directions to recover the profits yielded by the short selling to compensate investors;

Sought a #courtmonitoredinvestigation by a #SpecialInvestigationTeam or by the Central Bureau of Investigation into the allegations of fraud and the role played by top officials of leading public sector #banks and other #lender institutions

Sought directions to any investigative authority to: (i) investigate the Adani Group companies under the supervision of a sitting judge of this Court; and (ii) investigate the role of LIC and SBI in these transactions.

Expert Committee Constituted by Apex Court

The Bench of the Apex Court comprising Hon’ble CJI Dr. D Y Chandrachud, Hon’ble Justice P S Narasimha & Hon’ble Justice J B Pardiwala vide their order dt. 02.03.23 constituted an Expert committee to protect the investors from the volatility of the kind headed by Justice Abhay Manohar Sapre, a former judge of the Supreme Court. The committee comprises Mr. O P Bhatt, Justice J P Devadhar (retired), Mr. KV Kamath,Mr. Nandan Nilekani & Mr. Somashekhar Sundaresan.

Report in two months

The Committee is requested to furnish its report in sealed cover to this Court within two months.

The Committee shall remit on the following:

Provide overall assessment of the situation including the relevant causal factors which have led to the volatility in the securities market in the recent past;

To suggest measures to strengthen investor awareness;

To investigate whether there has been regulatory failure in dealing with the alleged contravention of laws pertaining to the securities market in relation to the Adani Group or other companies; and

To suggest measures to (i) strengthen the statutory and/or regulatory framework; and (ii) secure compliance with the existing framework for the protection of investors.

The Apex Court in its order dt. 10.02.2023 noted the need of reviewing existing regulatory mechanisms in the financial sector to protect Indian investors from volatilities in the market. And suggested Solicitor General of India that to seek instructions from the Union of India on the constitution and remit of an expert committee.

SEBI’s suggestion for securing the interest of the investors:

Mandatory disclosures by listed companies to facilitate free and fair price discovery and to ensure that all investors have equal access to material information for them to be able to take informed investment decisions;

 Market systems to ensure seamless trading and settlement including volatility management;

Enforcement action in the event of misconduct in the market including fraud or violations of SEBI regulations.”

With respect to the aforesaid Writ Petitions SEBI submitted, it is already enquiring into, the allegations made in the Hindenburg report as well as the market activity immediately preceding and post the publication of the report and it will not be appropriate to report the details at this stage.

Seema Bhatnagar

[odnewsin]

No greater feeling than serving those in need: Outgoing CJI D Y Chandrachud

There was no greater feeling than being able to serve those in need and people he never knew or met, Chief Justice D Y Chandrachud said on his last working day as the 50th head of the Indian judiciary on Friday. Heading a four-judge ceremonial bench, also comprising CJI-designate Sanjiv Khanna, Justices J B Pardiwala and Manoj Misra, which assembled to bid him farewell, the CJI expressed a deep…

[news365timesindia]

[ad_1] GG News Bureau Panaji, 19th Oct. Chief Justice of India (CJI) D Y Chandrachud on Saturday highlighted the importance of preserving the Supreme Court’s role as a “people’s court” while clarifying that it should not be seen as fulfilling the role of an opposition in Parliament. He stressed that while criticism of the court for inconsistencies in legal doctrine is valid, evaluating its role solely based on case outcomes is not appropriate. Addressing the first Supreme Court Advocates On Record Association (SCAORA) Conference in South Goa, the CJI remarked, “The access to justice paradigm of the Supreme Court, developed over the last 75 years, should not be lost.” He emphasized that the court’s focus is not limited to “big-ticket” cases but remains dedicated to addressing the concerns of all citizens. Chandrachud cautioned against the tendency to view the Supreme Court favorably only when decisions align with individual interests, warning, “There is a dangerous proposition when the court is seen as a wonderful institution only if it rules in your favor and criticized otherwise.” He asserted that judges must maintain independence, deciding each case based on its specific facts and applicable legal doctrines. The CJI also highlighted technological advancements within the judiciary, including e-filing, digitization of records, and live-streaming of proceedings, describing live-streaming as a “game-changer.” He noted that live-streaming has made court proceedings accessible to millions, ensuring transparency and allowing citizens to see the court’s attention to cases involving ordinary people’s concerns. Reflecting on the broader impact of live-streaming, he said, “It has changed the perception that the Supreme Court only addresses cases of the wealthy and resourceful, as citizens can now see that even the smallest problems receive serious attention.” Chandrachud concluded by urging the legal profession to understand the necessity of judicial independence, emphasizing that the judiciary’s role is to apply legal principles consistently while addressing societal needs. The post SC Must Remain a People’s Court, Not Opposition: CJI Chandrachud appeared first on Global Governance News- Asia's First Bilingual News portal for Global News and Updates. [ad_2] Source link

[news365times]

[ad_1] GG News Bureau Panaji, 19th Oct. Chief Justice of India (CJI) D Y Chandrachud on Saturday highlighted the importance of preserving the Supreme Court’s role as a “people’s court” while clarifying that it should not be seen as fulfilling the role of an opposition in Parliament. He stressed that while criticism of the court for inconsistencies in legal doctrine is valid, evaluating its role solely based on case outcomes is not appropriate. Addressing the first Supreme Court Advocates On Record Association (SCAORA) Conference in South Goa, the CJI remarked, “The access to justice paradigm of the Supreme Court, developed over the last 75 years, should not be lost.” He emphasized that the court’s focus is not limited to “big-ticket” cases but remains dedicated to addressing the concerns of all citizens. Chandrachud cautioned against the tendency to view the Supreme Court favorably only when decisions align with individual interests, warning, “There is a dangerous proposition when the court is seen as a wonderful institution only if it rules in your favor and criticized otherwise.” He asserted that judges must maintain independence, deciding each case based on its specific facts and applicable legal doctrines. The CJI also highlighted technological advancements within the judiciary, including e-filing, digitization of records, and live-streaming of proceedings, describing live-streaming as a “game-changer.” He noted that live-streaming has made court proceedings accessible to millions, ensuring transparency and allowing citizens to see the court’s attention to cases involving ordinary people’s concerns. Reflecting on the broader impact of live-streaming, he said, “It has changed the perception that the Supreme Court only addresses cases of the wealthy and resourceful, as citizens can now see that even the smallest problems receive serious attention.” Chandrachud concluded by urging the legal profession to understand the necessity of judicial independence, emphasizing that the judiciary’s role is to apply legal principles consistently while addressing societal needs. The post SC Must Remain a People’s Court, Not Opposition: CJI Chandrachud appeared first on Global Governance News- Asia's First Bilingual News portal for Global News and Updates. [ad_2] Source link

[tfgadgets]

SC rejects PIL for setting up autonomous body to monitor content on OTT, other platforms

Representational image. File | Photo Credit: The Hindu The Supreme Court on Friday ( October 18, 2024) dismissed a PIL seeking a direction to the Centre to set up an autonomous body to monitor and filter content and regulate videos on over-the-top (OTT) and other platforms in India, saying these are policy matters. A bench comprising Chief Justice D Y Chandrachud (CJI) and Justices JB Pardiwala…

[newsriveting]

CJI Chandrachud recommends Justice Sanjiv Khanna as successor

Justice Sanjiv Khanna Team News Riveting New Delhi, October 17 Chief Justice of India D Y Chandrachud has recommended the name of Justice Sanjiv Khanna — the senior-most judge of the Supreme court — to the Central Government for appointment as the Chief Judge of the Supreme Court of India and his successor. Setting in motion the process for appointing his successor, the government had last…

[kupwaratimes-fan]

Jailed Accused Can Seek Anticipatory Bail In Another Criminal Case: Supreme Court

Jailed Accused Can Seek Anticipatory Bail In Another Criminal Case: Supreme Court NEW DELHI, Sept 9: The Supreme Court on Monday held that an accused, who is in custody in a case, is entitled to seek anticipatory bail in another matter if not arrested. A bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra was dealing with a legal question as to whether a…

[broadpreedglobalnews]

🏛️ Supreme Court Rejects Challenge to UGC-NET Exam Cancellation Due to Paper Leak Allegations

On Monday, the Supreme Court dismissed a petition contesting the government's decision to cancel the UGC-NET examination following allegations of a question paper leak. The court stated that intervening at this stage would create disorder and uncertainty, stressing the importance of stability for the students who are set to take the exam.

⚖️ The bench, led by Chief Justice D Y Chandrachud, along with Justices JB Pardiwala and Manoj Misra, noted that the government has rescheduled the exam for 21 August, as reported by PTI.

Chief Justice Chandrachud remarked, "Considering the petition at this point would only exacerbate uncertainty and lead to complete disorder," underlining the government's need to exercise greater caution in light of previous examination scandals such as the NEET-UG issue.

📜 Earlier, the Supreme Court had dismissed a Public Interest Litigation (PIL) filed by a solicitor on the same matter, pointing out that it had not been initiated by the affected candidates themselves. The CJI stated, "Why are you (solicitor) approaching us? Let the students come forward themselves," making it clear that the court was not offering an opinion on the case's merits.

📰 The original petition challenged the Union Education Ministry and National Testing Agency's decision to annul the UGC-NET exam, a decision taken due to concerns that the exam's integrity had been compromised. On 19 June, the ministry cancelled the exam and referred the case to the Central Bureau of Investigation (CBI) for further inquiry.

[gyancafe]

NEET-UG 2024: SC Asks NTA To Revise NEET-UG 2024 Merit List As Per IIT Delhi Response To Physics Question

https://www.linkedin.com/posts/career-at-center_nta-ug-sc-activity-7221781145858768896-_SD6?utm_source=share&utm_medium=member_desktop

NTA To Release NEET-UG 2024 Merit List As Per IIT Delhi Response

NEET-UG 2024: On Tuesday, the Supreme Court asked the National Testing Agency, NTA to revise the NEET UG 2024 Merit List by accepting as true the solution offered by a trio of IIT Delhi specialists to a contentious physics subject. Only the candidates who have answered as per the answers released by the IIT-Delhi will get four marks and the candidates who have asked as per the old NCERT Textbooks, have their five marks deducted. This process will re-arrange their ranks. Chief Justice D Y Chandrachud’s bench rejected the appeals for the controversial exam to be canceled and retaken, ruling that insufficient evidence was presented to draw the conclusion that the exam was “vitiated” due to a “systemic breach” of its sanctity.

[todayworldnews2k21]

SC overturns HCs, allows Income Tax department to reopen 90,000 cases - Times of India

In a landmark judgment, Supreme Court ruled in favour of the income-tax (I-T) department, upholding the validity of nearly 90,000 reassessment notices issued after April 1, 2021, under the old provisions. Over 9,000 writ petitions had been filed in various high courts challenging these notices, with most courts siding with taxpayers.A bench of Chief Justice of India D Y Chandrachud and Justices J…

[kimskashmir]

NEET UG 2024: SC directs NTA to publish city, centre-wise results of all students by Saturday noon

NEW DELHI — The Supreme Court today directed the National Testing Agency (NTA) to publish the results of all NEET UG students on their website city-wise and centre-wise masking the identity of the candidates. NTA has been given time till Saturday 12 pm to upload the result on their website. A bench comprising Chief Justice of India (CJI) D Y Chandrachud and justices JB Pardiwla and Manoj Misra…

[odnewsin]

CJI Chandrachud: A legacy of landmark verdicts that shaped society and some controversy too

New Delhi: He has judgments such as the Ayodhya land dispute, the abrogation of Article 370 and the decriminalisation of consensual gay sex that shaped society and politics to his name. India’s 50th chief justice D Y Chandrachud, known also for his many pithy statements, leaves an imprint all his own on the annals of legal history. Friday was the last day in court for Chandrachud, or DYC as he is…