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Tag: chief justice

  • ‘Historical past would no longer forgive us’: Pak PM Sharif urges parliament to curtail powers of Leader Justice

    Pakistan High Minister Shehbaz Sharif on Tuesday mentioned that “historical past would no longer forgive us” if parliament didn’t enact rules to curtail the powers of the manager justice.

    Pakistan High Minister Shehbaz Sharif. (Document photograph)

    Through Press Believe of India: Pakistan High Minister Shehbaz Sharif on Tuesday mentioned that “historical past would no longer forgive us” if parliament didn’t enact rules to curtail the powers of the manager justice, an afternoon after two Very best Courtroom judges wondered the suo motu powers of the rustic’s best pass judgement on.

    Addressing the joint consultation of parliament, Sharif talked at period in regards to the dissenting judgement via Justice Mansoor Ali Shah and Justice Jamal Khan Mandokhail of the Very best Courtroom, who lashed out on the limitless authority of the Leader Justice to take a suo motu (by itself) motion on any factor and represent benches of selection to listen to other instances.

    Their judgment was once in regards to the case of suo motu understand taken via Leader Justice Umar Ata Bandial on February 22 about elections in Punjab and Khyber Pakhtunkhwa provinces.

    Talking passionately in regards to the want for brand spanking new rules to restrict the manager justice’s energy, Sharif mentioned that if the law weren’t handed, “historical past would no longer forgive us”.

    The suo motu energy is according to the unique jurisdiction of the courtroom underneath Article 184 of the Charter. Alternatively, its utilization over time has created an influence of partiality at the Leader Justices’ section.

    ALSO READ | ‘Pakistan has learnt its lesson…’: PM Shehbaz Sharif on wars with India

    It was once overtly challenged for the primary time via the 2 judges who had been a part of a bench that, in its 3-2 majority determination of March 1, directed the Election Fee of Pakistan (ECP) to seek advice from President Arif Alvi for polls in Punjab and Governor Ghulam Ali for elections in Khyber Pakhtunkhwa.

    The five-member bench was once reconstituted via Bandial, who took a suo motu motion in opposition to the extend in elections and to begin with shaped a nine-member bench to handle the problem. Alternatively, two of the 9 judges differed with the verdict to take suo motu understand, whilst two different judges recused themselves, prompting the Leader Justice to shape a brand new bench.

    Justice Shah and Justice Mandokhail, of their detailed 28-page dissenting notice, additionally rejected the 3-2 judgment within the suo motu case via announcing that it was once a 4-3 judgment to reject the maintainability of the case and lambasted the Leader Justice’s energy to shape a bench for vital instances.

    The coalition executive led via High Minister Sharif, which is supporting the ECP’s determination to extend the election within the two provinces till October 8, is attempting to make use of the parliament to curtail the powers of the Leader Justice.

    The premier additionally mentioned that the courts had been treating Pakistan Tehreek-e-Insaf (PTI) leader Imran Khan favourably and weren’t able to carry Khan responsible.

    ALSO READ | On Pakistan PM Shehbaz Sharif’s attraction for peace, India’s reaction

    Sharif mentioned that “sufficient is sufficient” and the legislation would take its route whilst the federal government would no longer permit “the favorite” to play with Pakistan.

    He added that the Charter obviously outlined the department of powers between the legislature, judiciary and management and set a purple line that no person will have to pass.

    The powers of the legislature outlined via the Charter and the powers of the judiciary had been being flouted, the top minister mentioned.

    The joint consultation of parliament was once summoned ultimate week to speak about the important thing problems confronting Pakistan and supply tips to handle the ones problems.

    The advance comes as the highest courtroom is listening to a case in regards to the determination of the Election Fee of Pakistan to delay the provincial election until October 8, well past the 90 days closing date via the charter to carry elections after the dissolution of an meeting.

    ALSO READ | We would like peace with India, however it is not conceivable with out solution of Kashmir factor: Shehbaz Sharif

    Printed On:

    Mar 29, 2023

  • Assam bulldozing: ‘Rohit Shetty could make a movie in this,’ Gauhati HC on SP’s motion

    Categorical Information Provider

    GUWAHATI: The Gauhati Top Courtroom likened the motion of the superintendent of police of Nagaon in Assam in a case of bulldozing of the homes of a few accused to a possible Bollywood potboiler.

    “In a lighter vein, I’ve no longer noticed a Hindi film of that class. Ship the tale of the SP. Director
    Rohit Shetty could make a movie in this,” Leader Justice RM Chhaya stated all the way through a listening to on Thursday.

    On Would possibly 21 this yr, some other people, protesting towards the loss of life of a fish dealer, Safikul Islam, in
    police custody, set hearth to the Batadrava police station in Nagaon and attacked the team of workers. The
    subsequent day, the police demolished the homes of the 5 accused the usage of bulldozers. The HC had registered
    a case suo moto in response to a letter at the incident gained from two legal professionals.

    “No one is protected. Beneath the guise of investigation, you pull down any person’s space. Even Lord Macaulay
    will have to no longer have considered it. This is a dent in felony legislation,” the Leader Justice stated.

    He stated even all the way through the investigation of an excessively severe topic by way of an company, the bulldozing of a space
    isn’t supplied beneath any felony legislation.

    “…as consistent with the document of the SP, a radical seek, made by way of the police staff, required the usage of an
    excavator to dig the home. But it surely calls for permission. The next day, you are going to say one thing is right here. So,
    will you dig out my court? How are you able to do it? You will be any one,” the CJ stated.

    “We’re in a democratic set-up. What’s recovered is one 9mm pistol. We don’t know if it was once planted or
    recovered. You display me from any felony jurisprudence that for investigating against the law, the police
    with none order can uproot an individual by way of making use of a bulldozer,” the CJ instructed the federal government suggest.

    “He could also be an SP of any district. Even the DIG, the IG or the DG must go in the course of the gamut of legislation.
    Best as a result of they head the police division, they can’t destroy any one’s space. No one can be protected in
    this nation if this is accepted,” the CJ stated.

    “If the following day any person forcefully enters the court and sits within the court, will the police
    government take away his chair beneath the guise of investigation? You’ll be able to prosecute him for no matter
    offence he has dedicated. Who gave energy to the SP to bulldoze the home?” he requested.

    Insisting that process needs to be adopted, he stated in his restricted occupation on the bar in Guwahati, he
    had no longer come throughout any police officer the usage of a bulldozer “by means of a seek warrant”.

    “Is it a gang warfare or police operation? One can keep in mind that this occurs in a gang warfare. The phrases
    ‘legislation’ and ‘order’ are used at the side of a objective,” the CJ stated.

    He ordered that the incident be put to the attention of the higher-ups within the House Division, declaring
    that the DG of the police is probably not conscious about it.

    GUWAHATI: The Gauhati Top Courtroom likened the motion of the superintendent of police of Nagaon in Assam in a case of bulldozing of the homes of a few accused to a possible Bollywood potboiler.
    “In a lighter vein, I’ve no longer noticed a Hindi film of that class. Ship the tale of the SP. Director
    Rohit Shetty could make a movie in this,” Leader Justice RM Chhaya stated all the way through a listening to on Thursday.
    On Would possibly 21 this yr, some other people, protesting towards the loss of life of a fish dealer, Safikul Islam, in
    police custody, set hearth to the Batadrava police station in Nagaon and attacked the team of workers. The
    subsequent day, the police demolished the homes of the 5 accused the usage of bulldozers. The HC had registered
    a case suo moto in response to a letter at the incident gained from two legal professionals.
    “No one is protected. Beneath the guise of investigation, you pull down any person’s space. Even Lord Macaulay
    will have to no longer have considered it. This is a dent in felony legislation,” the Leader Justice stated.
    He stated even all the way through the investigation of an excessively severe topic by way of an company, the bulldozing of a space
    isn’t supplied beneath any felony legislation.
    “…as consistent with the document of the SP, a radical seek, made by way of the police staff, required the usage of an
    excavator to dig the home. But it surely calls for permission. The next day, you are going to say one thing is right here. So,
    will you dig out my court? How are you able to do it? You will be any one,” the CJ stated.
    “We’re in a democratic set-up. What’s recovered is one 9mm pistol. We don’t know if it was once planted or
    recovered. You display me from any felony jurisprudence that for investigating against the law, the police
    with none order can uproot an individual by way of making use of a bulldozer,” the CJ instructed the federal government suggest.
    “He could also be an SP of any district. Even the DIG, the IG or the DG must go in the course of the gamut of legislation.
    Best as a result of they head the police division, they can’t destroy any one’s space. No one can be protected in
    this nation if this is accepted,” the CJ stated.
    “If the following day any person forcefully enters the court and sits within the court, will the police
    government take away his chair beneath the guise of investigation? You’ll be able to prosecute him for no matter
    offence he has dedicated. Who gave energy to the SP to bulldoze the home?” he requested.
    Insisting that process needs to be adopted, he stated in his restricted occupation on the bar in Guwahati, he
    had no longer come throughout any police officer the usage of a bulldozer “by means of a seek warrant”.
    “Is it a gang warfare or police operation? One can keep in mind that this occurs in a gang warfare. The phrases
    ‘legislation’ and ‘order’ are used at the side of a objective,” the CJ stated.
    He ordered that the incident be put to the attention of the higher-ups within the House Division, declaring
    that the DG of the police is probably not conscious about it.

  • Justice Magrey sworn-in as Leader Justice of J-Ok and Ladakh Top court docket

    Via PTI

    SRINAGAR: ustice Ali Mohammad Magrey was once on Thursday sworn in as the brand new Leader Justice of the Top Court docket of Jammu and Kashmir and Ladakh right here, officers mentioned.

    Jammu and Kashmir Lieutenant Governor Manoj Sinha administered the oath of place of job to him at a rite attended by way of politicians and senior bureaucrats at SKICC, they mentioned.

    The warrant of his appointment was once learn out by way of the prime court docket’s registrar normal.

    After taking oath, Justice Magrey had a digital convention with judicial officials of each the Union territories, an respectable spokesman mentioned.

    All fundamental district and periods judges from the 2 Union territories briefed him concerning the functioning of courts of their respective districts and the infrastructural necessities on the courts amongst a number of different problems, he mentioned.

    The spokesman mentioned Justice Magrey requested all of the judicial officials to paintings with zeal and determination, and highlighted the usage of era in justice dispensation.

    He inspired upon them that the key responsibility of each and every judicial officer is to verify well timed justice to litigants.

    With the intention to carry down pendency, Justice Magrey issued a slew of instructions to them to refer most instances for disposal within the upcoming Particular Lok Adalat to be hung on October 21.

    Pendency of numerous instances is a big problem which may also be met by way of resorting to selection dispute resolutions, he mentioned.

    Later, Justice Magrey held conferences with Bar associations of Srinagar, Jammu, and Pulwama.

    But even so reviewing the functioning of courts, he additionally took inventory of quite a lot of developmental initiatives which can be lately being performed within the court docket complexes.

    Previous, on his arrival on the prime court docket, Justice Magrey was once given a ceremonial guard of honour.

    SRINAGAR: ustice Ali Mohammad Magrey was once on Thursday sworn in as the brand new Leader Justice of the Top Court docket of Jammu and Kashmir and Ladakh right here, officers mentioned.

    Jammu and Kashmir Lieutenant Governor Manoj Sinha administered the oath of place of job to him at a rite attended by way of politicians and senior bureaucrats at SKICC, they mentioned.

    The warrant of his appointment was once learn out by way of the prime court docket’s registrar normal.

    After taking oath, Justice Magrey had a digital convention with judicial officials of each the Union territories, an respectable spokesman mentioned.

    All fundamental district and periods judges from the 2 Union territories briefed him concerning the functioning of courts of their respective districts and the infrastructural necessities on the courts amongst a number of different problems, he mentioned.

    The spokesman mentioned Justice Magrey requested all of the judicial officials to paintings with zeal and determination, and highlighted the usage of era in justice dispensation.

    He inspired upon them that the key responsibility of each and every judicial officer is to verify well timed justice to litigants.

    With the intention to carry down pendency, Justice Magrey issued a slew of instructions to them to refer most instances for disposal within the upcoming Particular Lok Adalat to be hung on October 21.

    Pendency of numerous instances is a big problem which may also be met by way of resorting to selection dispute resolutions, he mentioned.

    Later, Justice Magrey held conferences with Bar associations of Srinagar, Jammu, and Pulwama.

    But even so reviewing the functioning of courts, he additionally took inventory of quite a lot of developmental initiatives which can be lately being performed within the court docket complexes.

    Previous, on his arrival on the prime court docket, Justice Magrey was once given a ceremonial guard of honour.

  • Convention of leader ministers, Top Court docket leader justices on April 30 after 6-year hole 

    By way of PTI

    NEW DELHI: Fast supply of justice, aid in pendency of litigations and emerging vacancies within the judiciary are prone to most sensible the time table of a convention of leader ministers and leader justices of prime courts to be hung on April 30 after an opening of six years.

    The convention is a platform to talk about demanding situations being confronted through the judiciary and it used to be final hung on April 24, 2016.

    Such meetings are in most cases inaugurated through the high minister within the presence of the Leader Justice of India and the Union legislation minister.

    This time too the high minister is prone to inaugurate the day-long meet.

    Even though the time table for the convention is but to be finalised, assets within the executive mentioned problems corresponding to rapid supply of justice, vacancies in decrease courts and the 25 prime courts, judicial infrastructure and aid in pendency are prone to arise for deliberations.

    A couple of months in the past, Leader Justice of India N V Ramana had despatched a suggestion to the federal government to arrange a Nationwide Judicial Infrastructure Authority of India (NJIAI) to verify ok infrastructure for courts.

    The proposed organisation will act as a central frame in laying down the street map for making plans, introduction, building, repairs, and control of useful infrastructure for the Indian courtroom machine.

    The federal government has knowledgeable Parliament that the proposal has been despatched to states for his or her feedback because the state governments are key avid gamers in growing infrastructure for top courts and the decrease judiciary.

    Even though it isn’t but transparent whether or not the problem of NJIAI will shape a part of the time table, it is going to arise for dialogue as a broader time table for the enhancement of infrastructure amenities for courts, the assets mentioned.

    After the inauguration of the convention, more than a few operating periods are held the place leader ministers and leader justices speak about the time table pieces and check out to succeed in a consensus.

    Normally, such meetings are held each and every two years however there were exceptions.

    Whilst the final convention used to be held in April 2016, the only ahead of it used to be held in 2015.

    Earlier than that, the convention used to be held in 2013.
     

  • Duty in upper judiciary is maintained thru an in-house mechanism: Regulation Minister

    By means of Specific Information Provider

    NEW DELHI: Duty in upper judiciary is maintained thru “in-house mechanism,” Union Minister of Regulation and Justice, Shri Kiren Rijiju has not too long ago stated in a written answer in Lok Sabha.

    All the way through the remaining 5 years, 1631 court cases had been gained within the Centralised Public Criticism Redress and Tracking Machine (CPGRAMS) at the functioning of the judiciary together with judicial corruption and forwarded to the CJI/Leader Justice of Prime Courts, respectively, as in step with the process established beneath “in-house mechanism.”

    As in step with the established “In-house process’ for the Upper Judiciary, the Leader Justice of India is competent to obtain court cases towards the habits of Judges of the Preferrred Courtroom and the Leader Justices of the Prime Courts. 

    In a similar fashion, the Leader Justices of the Prime Courts are competent to obtain court cases towards the habits of Prime Courtroom Judges.The court cases/representations gained are forwarded to the Leader Justice of India or to the Leader Justice of the involved Prime Courtroom, because the case could also be, for suitable motion.

    The Preferrred Courtroom of India, in its complete Courtroom assembly on Would possibly 7, 1997, followed two Resolutions particularly ‘The Restatement of Values of Judicial Lifestyles” which lays down positive judicial requirements and rules to be seen and adopted via the Judges of the Preferrred Courtroom and Prime Courts and “in-house process’ for taking appropriate remedial motion towards judges who don’t observe universally approved values of
    Judicial existence together with the ones incorporated within the Restatement of Values of judicial existence.