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juudgeblog · 7 years

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Inadequate number of High Court Benches – Major factor delaying justice

This article is written by Sanjeev Sirohi, an advocate in Meerut. The article answers how poor people will gain maximum from more High Court benches.

Let me start by wishing my countrymen the very best wishes on this day that is 26th November on which day our Constitution was prepared after years of relentless toil. This alone explains why 26th November is celebrated as “Law Day” and “Constitution Day”. Our Prime Minister Narendra Modi, President Ram Nath Kovind, Chief Justice of India Dipak Misra among others have very rightly expressed their best wishes on this auspicious day!

It was rightly reiterated that the best tribute to our Constitution and its makers is to make justice more accessible to the poor. How better can it be done by setting up more high court benches especially in big states like UP, Rajasthan, Odisha, Madhya Pradesh, Bihar among other states? This has been reiterated even by 230threport of Law Commission which recommended the setting up of more high court benches in states.

But what an unbeatable irony that only one state that is Karnataka has stood to gain by it because after this report was submitted in 2009, it is only in Karnataka that two more high court benches were set up for just 4 and 8 districts at Dharwad and Gulbarga respectively in 2012 even though the number of pending cases in high court is less than 2 lakh in whole of Karnataka whereas in UP which tops the states list among pending cases has more than 10 lakh pending cases and the cases from West UP alone are more than half of the total pending cases that is 5 lakh still we see that there is just one high court bench in Lucknow which is just about 200 km away from Allahabad created way back in 1948 on July 1 and after that not a single bench was created in any part of the state.

What is even worse is that Justice Jaswant Singh Commission headed by Justice Jaswant Singh who is a former Judge of the Supreme Court was appointed by Central Government of former PM late Mrs Indira Gandhi to recommend at which all places high court benches were needed the most. It recommended 3 high court benches for UP at Agra which is in West UP, Nainital and Dehradun which are now both in Uttarakhand but then were in UP but not a single high court bench was allowed to be created in UP and the people of Uttarakhand were compelled to travel thousands of kilometers all the way to Allahabad to get justice for which they had to bear unbearable expenses and waste many days travelling all the way to Allahabad. The net result was they became very agitated in demanding a separate state for themselves and we saw how Centre which refused to set up even a single high court bench there was compelled to set up a high court in Nainital.

Let me be direct in asking: Why when on the recommendations of Justice Jaswant Singh Commission a high court bench was created in Aurangabad in Maharashtra, Jalpaiguri in West Bengal and Madurai in Tamil Nadu then why not a single bench for UP even though 3 benches were recommended for it? Why Centre allowed the people of Uttarakhand to become agitated by not setting up a single high court bench there? Why Centre cared the least also for West UP which alone accounts for more than 57% pending cases as was acknowledged by Justice Jaswant Commission itself due to which it recommended the creation of high court bench here?

Let me also be direct in asking, why inspite of lawyers of West UP striking work every Saturday since May 1981 till now that is more than 36 years to protest West UP not being given a single high court bench here even though Justice Jaswant Singh Commission had recommended creation of 3 benches has Centre failed to create even a single more high court bench here? Why lawyers of West UP went on strike not for one month or two months but for more than 6 months in 2001 and for 3 months in 2014-15 and for one month in 2010 and many times strike even on Wednesdays yet Centre just kept assuring the lawyers of West UP that a high court bench would be set up soon was no bench created here?

Bluntly put, why Andaman and Nicobar islands with just about 3 lakh population has high court bench at Port Blair but West UP with more than 9 crore population which is more than any other state except Bihar, Maharashtra and UP of which it is itself a part has not even a single high court bench? Why many other small states like Manipur, Meghalaya and Tripura having population of just 14 lakh, 18 lakh and 24 lakh has high court since last few years and bench since many decades but West UP with more than 9 crore population has not even a single high court bench? Why for just 88 lakh people of Uttarakhand was a high court itself approved in 2000 when it was given statehood but for more than 9 crore people of West UP not a single high court bench approved even 18 years later in 2018?

Why more than 9 crore people of West UP have been compelled to travel all the way to Allahabad about 700-800 km away to attend court hearings as no high court bench has been created here in any of the 26 districts of West UP who are all unitedly demanding the creation of a high court bench and lawyers of all these districts have even created Central Action Committee to pursue the legitimate demand for a high court bench here since 1981? Why Sampoornanand as CM had recommended a high court bench in Meerut way back in 1955 but even in 2018 no bench has been created here? Why Mayawati as UP CM had recommended the creation of a West UP as a separate state to be named Harit Pradesh way back in 1995 but still not a bench created here?

Is this not a violation of Article 14 of Constitution which talks about equality? Why talk about just West UP alone? Even in Bundelkhand, Western part of Odisha and many other parts in different states we see that people have to suffer all types of inconveniences because their region has no high court bench. Why the 230th report of Law Commission was not implemented in all these needy places?

It is futile to talk about speedy justice as long as more than 9 crore people of West UP are made to travel more than 800-900 km away all the way to Allahabad to get justice! This alone explains why former PM Atal Bihari Vajpayee as Leader of Opposition had himself demanded the creation of a high court bench in West UP in 1986. One can understand that Vajpayee as PM could not create bench here because he didn’t had the majority but what about Narendra Modi who enjoys brute majority not just in Centre but also in UP for which US President Donald Trump had even congratulated him especially? Yogi Adityanath as MP had raised demand for a bench for Gorakhpur which is his constituency in 1998 but 20 years later as UP CM he will celebrate 1 year of his completion in office but he is unable to create a single bench there leave alone West UP.

We see that maximum crime, maximum riots, maximum killings all take place in West UP still there is not even a single high court bench here! When a high court bench can be created in Lucknow in 1948 then why not a single bench in West UP 70 years later in 2018? Is this fair justice? Is this equality that both high court and a single bench are in Eastern UP at Allahabad and Lucknow so close to each other? If Lucknow is capital then so are Bhopal, Dehradun, Bhubaneshwar, Thiruvananthapuram not capitals? Then why no high court or bench in these places?

I fully appreciate the Lok Adalats and other steps like video conferencing to reduce the pending cases but they alone are simply not enough. The government has just no other option but to set up more high court benches in all those places where needed. Former UN Secretary General Ban ki Moon had himself castigated the law and order situation in UP and slammed it as “rape and crime capital” of India yet Centre is not ready to set up more high court benches here!

Maximum MPs, maximum MLAs and maximum elected representatives are all from UP still it has just 1 high court bench whereas states like Maharashtra, Karnataka and Assam have 3 high court benches or more even though the law and order situation there is much better than in UP. Is this equality? Why UP which has more than 22 crore population which is more than the population of many small countries put together as UP CM Yogi Adityananth keeps proudly proclaiming every now and then has just one high court bench and that too so close to Allahabad? Why not a single high court bench for another lawless state like Bihar? Why only few states are accorded 2 or 3 or 4 high court benches and not others?

Are we doing justice with our Constitution by acting in such a partisan manner? Why people of West UP are compelled to travel whole night to Allahabad many times without reservation as it is difficult to get it done in a short time notice? Why can’t more than 26 districts of west UP have its own high court bench so that people don’t have to waste so much of time travelling all the way to Allahabad? Why such a third rated treatment for West UP since last more than 70 years of independence? Why is it ignored that initially from 1866 to 1869 the high court itself was in West UP at Agra before being transferred to Allahabad? Still, why can’t a bench be created in any of the 26 districts of West UP?

I unequivocally hail PM Modi’s many initiatives like awarding the district where the number of pending cases are reduced maximum in a given year but they in itself are just not sufficient to address the burgeoning Frankenstein monster of pending cases unless more high court benches are created in big states like UP especially in West UP. Just recently a 100 year old woman was raped in West UP in Meerut and what is worse is that to seek justice she too has no option but to travel all the way about more than 700 km away to Allahabad as there is not even a single bench of high court here. What sort of justice system is this? Bench so close at Lucknow but no bench in West UP or in Bundelkhand like in Jhansi nor in far-off places like Gorakhpur which CM Yogi represents since many decades!

A serious disease like cancer cannot be treated by just a band aid or strepsil. All other steps to address the huge pending cases are bound to fall flat unless and until more high court benches are created in big states like UP, Bihar, Rajasthan among others. But nothing just nothing is being done on this score and only one state that is Karnataka has stood to gain from the recommendations of 230th report of Law Commission which till 2012 had just one bench at Hubli! Why is Centre not taking any steps in this regard? Why more than 9 crore people of West UP are being rashly denied “cheap and speedy justice” since 1947 till 2017? Why if Supreme Court in near future direct Centre to create more benches will it have the temerity to term it as “judicial activism”? With what face? Why can’t it take emergency steps well in time?

Eminent senior lawyer and revered jurist Harish Salve very rightly points out that if Centre does its job properly then judiciary will never step in. It is inaction on the part of the Centre that compels Supreme Court to step in for which it is then wrongly accused of “judicial activism” as a junior minister in Law in Centre dared to indulge in. Why Nehru can dare to create a bench in Lucknow in 1948 but no PM till now can dare to create even a single bench anywhere else even though Justice Jaswant Commission recommended three more benches?

Why inspite of Allahabad High Court completing more than 150 years and being the biggest court not just in India but in whole of Asia has least high court benches, only one just nearby at Lucknow and not at any other place like Gorakhpur, Jhansi, Meerut or Agra or any other place? Why no step is being taken to correct this historic blunder? Why a firm determination to carry on with what Nehru did way back in 1947-48? Have things not changed since then? There are much more such compelling soul searching questions which demands answers but no one is ready to ever address them. Just ritually organizing “Law Day” or “Constitution day” will serve just no real purpose unless serious steps are taken like setting up more high court benches as recommended very rightly by 230th report of Law Commission. Hope good sense will prevail!

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loyallogic · 7 years

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Inadequate number of High Court Benches – Major factor delaying justice

This article is written by Sanjeev Sirohi, an advocate in Meerut. The article answers how poor people will gain maximum from more High Court benches.

The post Inadequate number of High Court Benches – Major factor delaying justice appeared first on iPleaders.

Inadequate number of High Court Benches – Major factor delaying justice published first on http://ift.tt/2gOI9L4

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demanddefense · 4 years

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Best Advocates in Lucknow High Court

Book appointment and consultation with top 10 advocates in lucknow high court who handle cases related to civil matters, criminal matter and other litigation.

https://www.atlawchamber.com/

#Best Advocates in Lucknow High Court

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postolo · 6 years

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Live Feed – 7th RMLNLU SCC Online International Media Law Moot Court Competition, 1st – 3rd March 2019.

Dr. Ram Manohar Lohiya National Law University, Lucknow is back with its 7thedition of Int. medial law moot in association with SCC Online. Witnessing participation of 33 teams from all corners of the country RML looks forward to make this edition a memorable one.

RMLNLU-SCC Online Moot which was first conducted in 2013 intents to bolster interest in media law amongst the student fraternity. The competition has since gained more and more reputation with each edition, by maintaining high standards in terms of judging quality, hospitalization, and organization. And such high stakes have been maintained by a bunch of smart, witty peeps i.e. The Moot Court Committee (MCC) of RML which has its members from the 1styear to the 5thyear.

Incentives have also been the driven force notwithstanding for anyone from time immemorial to the rapidly advancing world of the 21stcentury. Even the students see participation in such prestigious moots as adding a feather to their cap. Apart from what the Competition seeks to achieve for itself and the participants, there are some big prizes up for grabs. There are 4 categories of awards – Winners, Runners Up, Best Oralist and Best Memorial with Prizes ranging from INR 5,000 to 25,000.

The inauguration Ceremony was held in the Seminar Hall of the College on 1stof March. The first day witnessed only the registration of the teams, match-ups and participants briefing apart from the Inaugration Ceremony followed by session of SCC – Online and EBC.

As the Competition goes on, the reporter for the event will host you like it’s happening right in front of your eyes. Stay tuned for all the updates.

Day 2 (2ndMarch 2019)

Judges Briefing –

It is not a bright sunny day in the city of Nawabs but this could not veil the enthusiasm as well as anxiety of the participants. All the participants, the entire MCC were fresh as daisies and were full of energy to seize the day. The day kickstarted with the Judges briefing session.

The judges briefing session began in the video Conferencing hall in the grand Madhu Limaye Library of RML which adds stars to RML’s infrastructure.

In order to maintain the lucidity and the coherence while briefing something to someone who is going through it for the first time, it would be no one else better than the person who has meticulous in depth knowledge of the same, who in this case is Mr. Abhisekh Dwivedi, the problem drafter. Mr. Abhisekh Dwivedi is the alumni of the college from batch of 2016 and is one of the judges in the Competiton itself.

10.22 hours – Mr. Abhisekh begins with acquainting the judges with the facts of the case, as according to him this particular moot problem was fact-intensive and the judges should know the in and out of the same.

10.27 Hours – the other judges point out the facts which were intriguing and asked Mr. Abhisekh to reiterate the same in order to ensure there were no second interpretations from the fact sheet.

10.37 Hours – the problem drafter focuses on the landmark authorities which the judges should keep in mind while the rounds will be on the roll and the same were provided in the bench memos.

Mr. Abhisekh Dwivedi briefing the judges.

10.45 hours – Mr. Dwivedi after discussing each issue verified the same with the judges in order to ensure that all of them were on the same page. A good moot event is one where not only the participants but also the judges are well aware of the facts and case laws and know where they can pinch the participants. And the same standard was being maintained in this 7thedition.

10.51 Hours – He told where the participants would be clustering the emphasize on and the right questions to be asked at that particular split second.

The last issue dealt with the privacy of the residents and was one of the main issues as ascertained by the problem drafter. A good session of argument on this very issue may open the gates for the teams in the top 8!

10.54 hours – after Mr. Abhisekh left the podium, one of the MCC members made the judges habitual with the score-sheet. It was made explicitly clear that even the slightest change or overlapping in the score-sheet by the judges have to be followed by their sign in that particular line in order to ensure there is no tampering or misinterpretation of scores. This makes it apparent that standards of this event is considerably high and we as the curious cats want some thrilling rounds.

10.57 hours – Judges were escorted to their respective rooms where the participants were already skipping a beat with each passing second!

Prelim round 1

This particular round would witness 20 teams taking on each other to make sure that they have availed each opportunity to ensure their break in.

The preliminary rounds are about to begin! The participants are here with the moot vibes all around, time allotments are noted and the participants are glancing at the arguments before the moot begins. It’s surely going to be a brainstorming session.

Courtroom 2, Karnavati University v. SLS, Pune

11.15 hours – Karnavati were the appellants in their 1strounds, speaker 1 for the same was stating the facts in brief. But one of the judges from the division bench kept on throwing questions asking the clearity to be stated in the facts.

11.27 hours – how downhearted would it be for any speaker when they are not allowed to proceed with the arguments and are kept hanging on the facts itself. Same happened with Speaker 1 of the Appellants.

With no time left speaker 1 had to rest her part of the speech. Now everything depends on speaker 2.

11.31 hours – judge made it clear that 22 minutes were taken up by speaker 1 and hence only mere 10 mins would be given to speaker 2 to sum up his case. but the speaker didn’t took this as a snag but showed his confidence in the judges.

Karnavati in their 1st round.

Courtroom 5, MNLU-Aurangabad v. NLUD

11.40 hours – my entry in the courtroom was a shocker to me as the judge in his not-so-good mood asked the speaker of MNLU to back up the argument with an authority.

11.42 hours – judges were asking speaker 2 of the appellants whether there was any evidence regarding the issue with which the speaker was dealing with. But before she could continue with her speech, TICK! TICK! Time over! The time keeper would be sure one person who the speakers loathe during the rounds. But it also shows how imperative it is on behalf of the oralists to take a note of the time while addressing their speech. I strongly advocate the fact that unless you don’t know how to keep up with the paucity of time in the mooting rounds, it would be difficult not only for you but also for your entire team to make it through the rounds.

11.45 hours – now was the time for NLUD to come up. But their team consisted just of 2 members out of which one was playing the dual role of oralist as well as researcher. I was certainly curious to see how would they be dealing with their rounds but due to the need to cover other rounds too, I had to make a leave.

Courtroom 4, NUJS v. Law College Dehradun

11.47 hours – any of the oralist would never want to be in the courtroom which is presided by the problem drafter as one of the judges. And that is why this particular session would be one grilling session after all. Speaker 2 of Law college was not able to dodge the bullets as Mr. Dwivedi was throwing.

11.52 hours – speaker 1 of NUJS was maintain his poise and demeanour during the course of proceedings which would surely made a good impression prima facie.

11.58 hours – but the problem drafter was throwing questions consecutively to the speaker which the speaker countered with some good repartees.

12.01 hours – speaker referred the judges to the compendium in order to bulwark the arguments put forwarded by him.

Courtroom 6, SLS Noida v ILS, Pune

12.04 hours – this prelim witnessed some serious grilling but equally good repartees by SLS Noida.

12.07 hours – judge was focussing the importance of the Lotus case which was an important authority in the present facts.

12.09 hours – speaker was referring to a foreign authority of US in order to counter-attack the question put forwarded by the learned judge.

Engaging in some serious discussions.

The round was not a monologue but rather an engaging exchange of words between one of the judges and the speaker.

After the rounds between NLU J and TNNLS were over, the teams were confident and when asked upon if there was any grilling faced by them, the response was in negative unlike what was being witnessed in the other rounds!

Prelim 1 was just an inception of a wonderful event with neck and neck teams trying to outdo each other and narrowing their eyes on breaking – in! There is more to this Competition, stay tuned and updated for the next prelim Rounds!

The post Live Feed – 7th RMLNLU SCC Online International Media Law Moot Court Competition, 1st – 3rd March 2019. appeared first on SCC Blog.

Live Feed – 7th RMLNLU SCC Online International Media Law Moot Court Competition, 1st – 3rd March 2019. published first on https://sanantoniolegal.tumblr.com/

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marymosley · 6 years

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Editorial: CJI Ranjan Gogoi is Determined To Ensure Sweeping Changes In Judiciary

Let me begin with a disclaimer: I have never met the new Chief Justice of India (CJI) in person nor have I ever interacted with any of his friends or relatives or close companions nor do I know any of them in any manner. But from the news and the articles which I have read about him since last few years, one conclusion is inescapable: He is a man of integrity with impeccable reputation who never tolerates any kind of wrong or injustice! Also, he does not like sycophancy in any manner and is a man of few words who yet conveys everything in that brief interaction. This alone explains why when a lawyer in court tested his luck by striking a congratulatory note, CJI Ranjan Gogoi curtly said that, “This is courtroom and let us get back to work.”

To be sure, the change of guard in the Supreme Court with outgoing CJI Dipak Mishra passing the baton of CJI to Ranjan Gogoi might lead to a discernible change in the court proceedings as was evident right from the first day as the CJI made it clear that he will continue to be “strict and perfectionist” in dealing with cases and judicial administration. He has made it amply clear on more occasions than one that he will not tolerate indiscipline and breaking of rules under any circumstances! He is known all over for his strictness and penchant to always abide by the rule-book and he made it clear while speaking recently at a function organised in his honour by Supreme Court Bar Association (SCBA). The newly designated CJI Ranjan Gogoi who took oath on October 3 candidly said that, “I am what I am and I cannot change myself. Take me as I am – I cannot change,” while referring to SCBA President Vikas Singh’s remarks that Justice Gogoi is “strict and perfectionist” and urging him to be lenient with junior lawyers and those unprepared for any reason! What CJI Gogoi said is quite palpable and even if he had not said this, it is well known to all which he always demonstrates by his exemplary and elegant conduct while hearing cases and even otherwise if he meets someone anywhere!

Needless to say, soon after taking over as the 46th Chief Justice of India, Justice Ranjan Gogoi on October 3 began his 410-day stint which means he will have a tenure of a little over 13 months. He will retire on November 17, 2019. He has achieved a great personal milestone by not just becoming the Chief Justice of India but also by becoming the first person from the Northeast to reach the top position of the judiciary for which he certainly deserves accolades!

As things stand, President Ram Nath Kovind administered the oath to Justice Ranjan Gogoi at a brief ceremony in Rashtrapati Bhavan’s historic Darbar Hall. Justice Gogoi took the oath in English in the name of God. He succeeded outgoing CJI Justice Dipak Mishra who retired on October 2 on attaining the age of 65 years. CJI Gogoi promptly has also tweaked the Judges roster that decides subjectwise allotment of work, assigning public interest litigation to himself and Justice Madan B Lokur would hear those directed to his court by the Chief Justice.

Of course, Justice Gogoi took oath for the highest post in the judiciary that is of CJI in the presence of PM Narendra Modi and his cabinet colleagues, former PMs Manmohan Singh, HD Deve Gowda, ex-CJIs and Judges of the Supreme Court besides other political personalities. After the oath, he shook hands with the President before rushing to his mother sitting in the front row of dignitaries to touch her feet and then greet others with folded hands. This itself is the biggest testimony that how much regards he holds for his mother and very rightly so!

It is most reassuring to see that the newly designated CJI Ranjan Gogoi has promptly unveiled his plan to bring in reforms in the judicial system and fill up the vacancies, particularly in the lower courts. He assured that he will make all-out effort to fill up the posts in next 3-4 months. He minced no words in making his intentions known loud and clear by stating unambiguously that, “Time is short. We are making efforts for best results in the shortest time.”

Truth be told, the huge vacancies in the lower courts and High Courts are a stumbling block in the way of speedy justice and quick disposal of cases. There are 5,925 vacant posts of judicial officers in district and subordinate courts as of now and vacancies in High Courts have jumped to 40% on August 31 with 427 posts falling vacant and the working strength of Judges coming down to 652 against a total approved strength of 1,079. Going by the current rate of appointments of Judges in High Courts, and considering that 75-85 Judges retire on an average every year, it will take at least 15 years to fill up the existing 427 vacancies in all the 24 High Courts. CJI Ranjan Gogoi knows the daunting challenges that he is going to face ahead in days to come but he seems fully determined to task them head on and address them root and branch so that it is completely addressed!

Be it noted, the CJI Ranjan Gogoi also emphasized vocally the need to maintain the “aura and dignity” of office of Judgeship. Referring to the suggestion of Attorney General KK Venugopal who said salary of Judges be hiked at least 3-4 times to attract competent persons for Judgeship, the CJI Gogoi was absolutely right in stating it upfront that, “There will not be many takers (for judgeship) and it will not work if only salary is increased or retirement age is increased unless the dignity of the office is maintained.” Who can deny or dispute it?

While outlining his priorities as CJI, Justice Ranjan Gogoi said that he was working with his “colleagues” to put in place a mechanism to ensure quick listing of cases and to reduce the time period before filing and hearing of a case. Justice Gogoi had on October 1 disclosed that the twin issues – huge pendency of cases and justice not being accessible to the poor and marginalised sections of society – troubled him and hinted that his priorities as head of the judiciary would be to deal with these issues.” He is very rightly troubled because these are in fact the twin major issues that have been afflicting the nation since quite a long time! Who can deny this?

It goes without saying that these twin problems of huge pendency of cases and justice not being accessible to the poor and marginalised sections of society can be addressed by recruiting more Judges, setting up more high court benches especially in big states like UP which has just one high court bench at Lucknow just about 200 km away from Allahabad where high court itself is located and the other parts like Western UP which accounts for more than half of pending cases has not even a single bench of high court even though the distance from most of the 26 districts of West UP to Allahabad ranges approximately from 600 to 750 km on an average and the more than 9 crore people living here are compelled to travel so far whole night all the way to Allahabad just because there is no bench here even though Justice Jaswant Singh Commission headed by Justice Jaswant Singh who is a former Supreme Court Judge set up by Centre in latte 1970s had categorically recommended a high court bench to be set up here yet no action was taken! Allahabad High Court is the biggest court not just in India but in whole of Asia and is also the oldest court which completed 150 years in 2016 yet it has least benches in India whereas smaller states like Assam has 4 benches, Maharashtra too has 4 benches the latest set up recently at Kolhapur for just 6 districts, Karnataka has 3 benches with 2 set up in 2012 for just 4 and 8 districts at Dharad and Gulbarga, Madhya Pradesh has two and so is the case with many other states!

Not just this, Allahabad High Court tops the states list for maximum pending cases and has more pending cases than the pending cases of 10 states put together yet no bench set up in last 70 years even though the 230threport of Law Commission of India recommended creation of more benches in big states like UP where only one bench exists created in 1948 on July 1! One fervently hopes that Justice Gogoi will take prompt steps to correct this and also create more benches in other lawless states like Bihar which has not even a single bench of high court and also ensure that all vacancies in lower courts are filled promptly so that the pending cases can be disposed of promptly!

Very few know that Justice Gogoi had qualified for the prestigious Civil Services exam which his father – late Keshab Chandra Gogoi who was the former Chief Minister of Assam had asked him to appear but he was not keen and instead preferred to become a lawyer. His father wished him best and predicted that he would one day become the Chief Justice of India and not just the Chief Minister of a State like him! His father may be no more alive but he has proved right what his father had predicted about him by his relentless dedication, discipline and determination! He joined the Bar in 1978 and practiced in Gauhati High Court. He was mentored by senior advocate JP Bhattacharjee and soon he acquired mastery in constitutional, tax and company law and was appointed a Permanent Judge of Gauhati High Court at the age of 47 in February 2001. He was transferred to the Punjab and Haryana High Court where he became Judge on 9 September 2010 and appointed Chief Justice on 12 February 2011 at 57 and was appointed Judge of the Supreme Court in April 2012 at 58.

It cannot be lost on us that Justice Ranjan Gogoi along with three other Supreme Court Judges – Justice J Chelameswar (since retired), Justice Madan B Lokur and Justice Kurian Joseph grabbed news headlines all over when they staged an unprecedented press conference which is perhaps the first in the history of the Indian judiciary to protest the arbitrary manner in which crucial cases were allotted by the then CJI Dipak Mishra to Judges who were comparatively much junior to them! Justice Gogoi had dared to risk his entire bright future because Centre which was not too happy with this could have easily sabotaged his appointment as CJI just like former PM late Mrs Indira Gandhi did while she was CJI when she superseded 3 Judges and made her own favourite as CJI but all credit to this Modi government that it did not stoop so low! PM Narendra Modi also rejected any move to increase immediately the retirement age of Supreme Court Judges from 65 to 67 as this would have directly impacted Justice Ranjan Gogoi’s prospects to become CJI and he would have retired just as Justice and not as CJI for which PM Modi certainly deserves full marks! PM Modi tweeted that, “I congratulate Justice Ranjan Gogoi ji on taking oath as the Chief Justice of India. His experience, wisdom, insight and legal knowledge will benefit the country greatly. My best wishes for a fruitful tenure.”

Truly speaking, the new CJI Gogoi began the day at the Apex Court by telling the lawyers that fresh parameters would be worked out for mentioning the matters for hearing those cases which required hearing on priority and urgent mentioning. Justice Gogoi said that, “no urgent mentioning of cases will be allowed till certain parameters are fixed for it”. Dispensing with the routine of mentioning that usually takes 20 minutes of judicial time daily, the Justice Gogoi-led Bench also indicated it will narrow the entry of PILs. Despite the no to mentioning, senior advocate Prashant Bhushan sought urgent listing of a petition claiming it involved imminent deportation of seven illegal Rohingya immigrants by India to Myanmar but the CJI stuck to his stand and told Bhushan that he would not entertain any mentioning for urgent listing and all petitions that are filed, would be listed in two or three days! CJI Gogoi added that, “If somebody is going to be hanged or evicted tomorrow, then we can understand urgency”.

Not stopping here, the CJI-led Bench also said that, “We are here to correct and monitor all ills that are there in this country. Can the court do that? Aggrieved parties must give representation to the government and follow it up.” This will certainly now deter many advocates from immediately rushing to the Supreme Court with a PIL merely on the basis of newspaper reports on social, economic and financial matters or even defence deals!

It would be worth mentioning here that CJI Ranjan Gogoi sitting alongside Justices Sanjay Kishan Kaul and KM Joseph said that, “Pass-overs will also not be allowed.” These are short adjournments to accommodate lawyers who may be occupied with other cases. The Bench hears pass-over cases after they have dealt with their others. Gogoi also signalled that he would rein in PIL filed on sundry issues rejecting one that urged the court to ask the government to consider a representation to make some changes in election laws. BJP leader Ashwani Upadhyay had urged the court to direct the government to act as per the Election Commission’s advice and reduce the 30-day period for candidates to file election expenses. Justice Gogoi asked “Are we here to request the government to consider something?” Also, the CJI Gogoi was irked to find that Ashwani Upadhyay dressed in the robes of an advocate was both the petitioner and the lawyer “assisting” his own counsel. The CJI commented on the lack of decorum and the petition was then quickly withdrawn!

It was Justice Ranjan Gogoi who was on the Bench that ruled in 2013 that no one could contest elections without a full and honest disclosure of their assets and also their educational and criminal antecedents. In 2015, a Bench of Apex Court comprising Justice Ranjan Gogoi and NV Ramana had imposed a fine of Rs 5 lakh on two public sector undertaking companies for urging the court to withdraw their appeal. The Bench lashed out saying very sternly that, “If you wanted to withdraw, why did you in first instance file it and persuade us to issue notice? This is not a drawing room where you can walk in and walk out at your own ease.” Justice Ranjan Gogoi was also on the Bench that had restricted the political parties from publishing photographs of leaders and prominent personalities other than the Prime Minister, the President and the CJI in governance-funded advertisements. He also in May had revoked a proposal from the Uttar Pradesh government that arbitrarily allowed all former Chief Ministers to retain their official residences for life long! He also in July had taken strong exception of the Centre’s nonchalant approach in not appointing a Lokpal even after competing more than 4 years in office!

Not stopping here, in November 2016, he dared to even issue contempt notice to a very eminent former Supreme Court Judge Markandey Katju for a blog post on his ruling commuting the death sentence of Govindasamy convicted for raping a girl in Kerala in 2011 saying that, “It (the blog) is an assault on the Judges and not the judgment”. In November 2017, he along with senior colleagues had sentenced Justice CS Karnan for contempt to six months in jail which he did serve! In February 2017 he was part of Bench that refused to grant an extension to Sahara Group owner Subrata Roy to deposit Rs 600 crore saying “We cannot be assembling every month for you to deposit meagre amounts.” It was Justice Gogoi who kept Jats out of the ambit of reservation for OBCs in central services and again it was he who made benefits for the Scheduled Castes state specific and also ordered that upon the death of a Hindu man, his widow would have the right to the joint family property and would not be deprived of it! It was he who as Chief Justice of Punjab and Haryana High Court had ensured that a Judge accused of corruption was made to resign after he complained about him to the Supreme Court!

Going forward, in August 2018, Justice Gogoi led a Bench that instructed Centre to put in place special courts for the speedy trial of criminal cases involving politicians. He lashed out at Centre saying that, “The Union of India doesn’t appear to be ready and prepared.” Most importantly, in September 2018, he headed the Supreme Court Bench in which Justice RF Nariman too forms a part which is monitoring the National Register of Citizens in Assam case and said that, “What assurance? Court gives only orders.”

While delivering the Ramnath Goenka Memorial Lecture, Justice Gogoi said that hile independent Judges and noisy journalists were democracy’s first line of defence, in today’s context, independent journalists and sometimes noisy Judges too are needed. Senior advocate Kamal Choudhury who has seen Gogoi at work from close quarters as a lawyer and as a Judge says that, “Those who know him well say that Gogoi will never hesitate to take a strong view, no matter what the consequences. He is a man of strong likes and dislikes. Whether you like it or not, he will make his views clear.” He also does not like to adjourn cases on petty grounds and always lay unremitting focus on early disposal of cases which come up for hearing before him! Supreme Court lawyer Sneha Kalita says that, “He is a disciplinarian and is particular about maintaining decorum in his court.” He does not mind to even reprimand senior lawyers if they don’t conduct themselves properly while arguing before him!

No doubt, he is facing daunting challenges but he is fully geared to meet them. Vijay Hansaria who is a senior lawyer minces no words in saying that, “The Supreme Court is fragmented. It feels like there are 13 different Supreme Courts. As a captain, he has to bring everyone together.” What is most distinguishing about him making him different from others is that a common man sees him as a no-nonsense, impartial and dead honest Judge who does not believe in nepotism or favouritism of any kind and who places values above everything else and feels relaxed that for next one year at least the command of judiciary in India is in the safe hands on whom the people can pose their complete blind trust and approach whenever the need arises! Even his worst opponents have never at any given point of time dared to ever question his integrity and commitment to the nation, people and justice!

It would be worth mentioning here that the CJI Ranjan Gogoi has also revealed candidly that he and his colleagues were devising a fool-proof mechanism by which oral mentioning would become redundant. Cases filed would be listed early by default. There would be no unceremonious dropping of cases already scheduled for hearing just because the court had to accommodate a new one mentioned out-of-turn!

It must be stated here that he has just started and what we have seen till now is just the very beginning with his first day in office! It is beyond a straw of doubt that he has a lot to offer to the nation in the next 13 months and the whole nation stands with him fully and firmly watching every day of his in office with full interest! His work will speak and not just his words alone as we shall witness in the coming days ahead!

His utmost commitment can be gauged from the irrefutable fact that when lawyers appear in his court, he asks them whether their case comes under the 93 percent or the remaining seven percent which at first glance seems cryptic query but delve deeper and you find that it is because only seven percent of the cases which find their way to the Supreme Court are pertaining to constitutional matters and the Apex Court ought to be dealing only with such cases but what happens in reality is just the reverse! But this cannot happen now as long as the command of judiciary is in the firm hands of CJI Ranjan Gogoi!

Author:

Advocate Sanjeev Sirohi, Meerut

The post Editorial: CJI Ranjan Gogoi is Determined To Ensure Sweeping Changes In Judiciary appeared first on Legal Desire.

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atlawchamber · 4 years

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atlawchamber · 4 years

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atlawchamber · 4 years

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atlawchamber · 4 years

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juudgeblog · 7 years

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Inadequate number of High Court Benches – Major factor delaying justice

This article is written by Sanjeev Sirohi, an advocate in Meerut. The article answers how poor people will gain maximum from more High Court benches.

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