Tag: CJI UU Lalit

  • Chhawla rape and homicide case: Sufferer’s father seeks overview of verdict acquitting convicts

    Categorical Information Carrier

    NEW DELHI: Father of the sufferer in the 2012 Chhawla gang rape and homicide case has approached SC searching for overview of its verdict of acquitting 3 loss of life row convicts. 

    The convicts have been acquitted by means of a bench of former CJI UU Lalit, Justices SR Bhat and Bela M Trivedi on November 7 at the floor that the prosecution didn’t end up fees. The courtroom had noticed that the prosecution has to carry house the fees levelled towards them past cheap doubt, which the prosecution had failed to take action.

    “It can be true that if the accused concerned within the heinous crime move unpunished or are acquitted, a type of agony and frustration could also be led to to the society on the whole and to the circle of relatives of the sufferer particularly, alternatively, the regulation does now not allow the Courts to punish the accused at the foundation of ethical conviction or on suspicion by myself,” the SC had stated. 

    Looking for overview, the plea argued that the highest courtroom had unnoticed testimonies of subject material witnesses and didn’t recognize that there was once no hole left within the chain of proof which pointed against the guilt of the accused.

    “There’s an error obvious at the face of file because the SC has erred in now not appreciating the testimonies of subject material witnesses which best direct against the guilt of the accused individuals and are incompatible with their innocence,” the plea had mentioned. 

    The plea additionally stated, “The identification of the accused individuals and their involvement within the heinous crime dedicated towards the deceased sufferer has been duly proved past cheap doubt”.

    Folks additionally contended that the courtroom erred in watching that there’s doubt within the prosecution’s tale. 

    NEW DELHI: Father of the sufferer in the 2012 Chhawla gang rape and homicide case has approached SC searching for overview of its verdict of acquitting 3 loss of life row convicts. 

    The convicts have been acquitted by means of a bench of former CJI UU Lalit, Justices SR Bhat and Bela M Trivedi on November 7 at the floor that the prosecution didn’t end up fees. The courtroom had noticed that the prosecution has to carry house the fees levelled towards them past cheap doubt, which the prosecution had failed to take action.

    “It can be true that if the accused concerned within the heinous crime move unpunished or are acquitted, a type of agony and frustration could also be led to to the society on the whole and to the circle of relatives of the sufferer particularly, alternatively, the regulation does now not allow the Courts to punish the accused at the foundation of ethical conviction or on suspicion by myself,” the SC had stated. 

    Looking for overview, the plea argued that the highest courtroom had unnoticed testimonies of subject material witnesses and didn’t recognize that there was once no hole left within the chain of proof which pointed against the guilt of the accused.

    “There’s an error obvious at the face of file because the SC has erred in now not appreciating the testimonies of subject material witnesses which best direct against the guilt of the accused individuals and are incompatible with their innocence,” the plea had mentioned. 

    The plea additionally stated, “The identification of the accused individuals and their involvement within the heinous crime dedicated towards the deceased sufferer has been duly proved past cheap doubt”.

    Folks additionally contended that the courtroom erred in watching that there’s doubt within the prosecution’s tale. 

  • Justice Lalit delivered key verdicts all through 74-day stint as CJI, initiated reside flow of SC lawsuits

    Through PTI

    NEW DELHI: Leader Justice of India Uday Umesh Lalit, the second one head of judiciary to be at once increased to the Splendid Courtroom bench from the Bar, delivered a number of necessary verdicts all through his temporary 74-day tenure and initiated steps like live-streaming of lawsuits and converting the method of list of instances.

    Born on November 9, 1957, Justice Lalit was once appointed decide of the Splendid Courtroom on August 13, 2014 and was once sworn in because the forty ninth CJI on August 27, 2022.

    November 8 is his final day in administrative center.

    He was once the second one CJI to be at once increased to the SC bench from the bar.

    Previous to him, Justice S M Sikri had turn out to be the thirteenth CJI in January 1971.

    SC judges superannuate on the age of 65.

    At the final operating day, the CJI-led charter bench, via a majority view of three:2, upheld the validity of the 103rd Charter modification offering 10 in line with cent reservation to folks belonging to economically weaker sections (EWS) in admissions and executive jobs, announcing the quota does no longer violate the elemental construction of the Charter.

    CJI Lalit concurred with the minority view of Justice S Ravindra Bhat who held the EWS quota as “unconstitutional” for with the exception of deficient amongst SCs, STs and OBCs.

    In style amongst legal professionals for his well mannered manner, the CJI made maximum of his brief tenure via listening to and taking away as many instances as conceivable and starkly being strict in no longer granting adjournments to legal professionals in issues indexed for attention.

    At the fourth anniversary of a landmark verdict on reside telecast or webcast of necessary lawsuits in issues of constitutional significance, Justice Lalit ordered graduation of reside streaming of charter bench instances from September 27 that incorporated the problem to the reservation for the Economically Weaker Sections.

    The CJI-led bench additionally paved manner for placing of Lashkar-e-Taiba (LeT) terrorist Mohammad Arif alias Ashfaq via disregarding his plea in quest of overview of its verdict awarding demise penalty to him within the sensational 2000 Crimson Fortress assault case that left 3 Military jawans lifeless.

    Then again, Justice Lalit’s bid to refill the 4 vacancies of judges within the Splendid Courtroom remained unfinished as his successor Justice D Y Chandrachud and Justice S A Nazeer objected to the process of in quest of written consent to the proposal for the advice of names for appointment via the five-member collegiums.

    And, this led Justice Lalit to “discharge” the schedule preserving in thoughts the custom that the outgoing CJIs depart the problem of appointment of judges via collegium deliberations to the successor the day their final tenure within the administrative center comes right down to a month.

    The CJI-led collegium, then again, really useful names of round 20 judges in several prime courts, but even so the advice of the title of Leader Justice of the Bombay Top Courtroom Justice Dipankar Datta as a decide of the apex court docket.

    It additionally really useful the elevation of a couple of prime court docket judges as leader justices (CJs), but even so shifting every other CJs and judges.

    The highest court docket recently has 28 judges in opposition to the sanctioned energy of 34.

    At the judgment supply entrance, the CJI-led bench granted bails to activist Teesta Setalvad, arrested for allegedly fabricating proof to border “blameless folks” within the 2002 Gujarat riots instances, and Kerala-based journalist Siddique Kappan, arrested in October 2020 whilst on his strategy to Hathras in Uttar Pradesh the place a Dalit girl had died after allegedly being gang-raped.

    The CJI-led bench additionally referred to a five-judge Charter bench a suo motu plea on framing of pointers on how and when attainable mitigating cases be regarded as via courts all through trial in instances which entail the demise penalty as the utmost punishment.

    Justice Lalit-led benches took very robust notice of non-compliance of apex court docket orders and awarded four-month prison time period to fugitive businessman Vijay Mallya, accused in financial institution mortgage default case of over Rs 9,000 crore involving his defunct Kingfisher Airways.

    It additionally held the previous promoters of Fortis Healthcare Ltd Malvinder Singh and Shivinder Singh in charge of contempt via no longer making a real try to pay Rs 1170.

    95 crore each and every against honouring an arbitral award in opposition to them and passed down six months prison time period to them.

    Justice Lalit-led bench additionally awarded twelve months prison time period to a Kenyan citizen of Indian beginning but even so implementing a fantastic of Rs 25 lakh for committing civil and prison contempt via enjoying “fraud” on it in securing the custody of his son from his estranged spouse.

    He labored on 3 key spaces, together with list of instances and bringing up of pressing issues within the Splendid Courtroom all through his 74-day tenure as the top of the judiciary.

    He indexed a number of necessary instances, together with Charter bench issues, for adjudication, but even so notifying 25 five-judge Charter bench issues from August 29.

    READ HERE | Giant footwear to fill after CJI Lalit; hope to proceed his excellent paintings: Justice Chandrachud

    Justice Lalit, who was once a senior suggest ahead of being appointed a decide of the apex court docket, has been a part of a number of path-breaking verdicts, together with the only which held the apply of divorce via immediate ‘triple talaq’ amongst Muslims unlawful and unconstitutional.

    In January 2019, he recused himself from listening to the politically-sensitive Ram Janmabhoomi-Babri Masjid land identify dispute in Ayodhya.

    One of the most path-breaking verdicts Justice Lalit was once a part of was once the August 2017 judgement via a five-judge Charter bench which via a three:2 majority dominated the apply of divorce via immediate ‘triple talaq’ as “void”, “unlawful” and “unconstitutional”.

    Whilst the then Leader Justice J S Khehar and Justice S Abdul Nazeer have been in favour of hanging on cling the judgement for 6 months and asking the federal government to come back out with a regulation to that impact, justices Kurian Joseph, R F Nariman, and Lalit held the apply as violative of the Charter.

    Justices Khehar, Joseph, and Nariman have since retired.

    Some of the different necessary judgements, a bench headed via Justice Lalit had dominated the erstwhile royal circle of relatives of Travancore has the control proper over the ancient Sree Padmanabhaswamy Temple in Kerala, one of the crucial richest shrines, maintaining that the guideline of “heritability should get connected to a proper of Shebait” (servitor) of the temple.

    In every other important judgement, a bench headed via Justice Lalit had dominated that touching sexual portions of a kid’s frame or any act involving bodily touch with ‘sexual intent’ quantities to ‘sexual attack’ beneath phase 7 of the Coverage of Kids from Sexual Offences (POCSO) Act as crucial factor is sexual intent and no longer skin-to-skin touch.

    Quashing the arguable ‘skin-to-skin’ judgements of the Bombay Top Courtroom in two instances beneath the POCSO Act, the bench had stated the prime court docket erred in maintaining that there was once no offence since there was once no direct ‘skin-to-skin’ touch with sexual intent.

    Justice Lalit enrolled as an suggest in June 1983 and practised within the Bombay Top Courtroom until December 1985.

    He shifted his apply to Delhi in January 1986, and in April 2004, he was once designated as a senior suggest via the apex court docket.

    He was once appointed a distinct public prosecutor for the CBI to habits the trial within the 2G spectrum allocation case.

    NEW DELHI: Leader Justice of India Uday Umesh Lalit, the second one head of judiciary to be at once increased to the Splendid Courtroom bench from the Bar, delivered a number of necessary verdicts all through his temporary 74-day tenure and initiated steps like live-streaming of lawsuits and converting the method of list of instances.

    Born on November 9, 1957, Justice Lalit was once appointed decide of the Splendid Courtroom on August 13, 2014 and was once sworn in because the forty ninth CJI on August 27, 2022.

    November 8 is his final day in administrative center.

    He was once the second one CJI to be at once increased to the SC bench from the bar.

    Previous to him, Justice S M Sikri had turn out to be the thirteenth CJI in January 1971.

    SC judges superannuate on the age of 65.

    At the final operating day, the CJI-led charter bench, via a majority view of three:2, upheld the validity of the 103rd Charter modification offering 10 in line with cent reservation to folks belonging to economically weaker sections (EWS) in admissions and executive jobs, announcing the quota does no longer violate the elemental construction of the Charter.

    CJI Lalit concurred with the minority view of Justice S Ravindra Bhat who held the EWS quota as “unconstitutional” for with the exception of deficient amongst SCs, STs and OBCs.

    In style amongst legal professionals for his well mannered manner, the CJI made maximum of his brief tenure via listening to and taking away as many instances as conceivable and starkly being strict in no longer granting adjournments to legal professionals in issues indexed for attention.

    At the fourth anniversary of a landmark verdict on reside telecast or webcast of necessary lawsuits in issues of constitutional significance, Justice Lalit ordered graduation of reside streaming of charter bench instances from September 27 that incorporated the problem to the reservation for the Economically Weaker Sections.

    The CJI-led bench additionally paved manner for placing of Lashkar-e-Taiba (LeT) terrorist Mohammad Arif alias Ashfaq via disregarding his plea in quest of overview of its verdict awarding demise penalty to him within the sensational 2000 Crimson Fortress assault case that left 3 Military jawans lifeless.

    Then again, Justice Lalit’s bid to refill the 4 vacancies of judges within the Splendid Courtroom remained unfinished as his successor Justice D Y Chandrachud and Justice S A Nazeer objected to the process of in quest of written consent to the proposal for the advice of names for appointment via the five-member collegiums.

    And, this led Justice Lalit to “discharge” the schedule preserving in thoughts the custom that the outgoing CJIs depart the problem of appointment of judges via collegium deliberations to the successor the day their final tenure within the administrative center comes right down to a month.

    The CJI-led collegium, then again, really useful names of round 20 judges in several prime courts, but even so the advice of the title of Leader Justice of the Bombay Top Courtroom Justice Dipankar Datta as a decide of the apex court docket.

    It additionally really useful the elevation of a couple of prime court docket judges as leader justices (CJs), but even so shifting every other CJs and judges.

    The highest court docket recently has 28 judges in opposition to the sanctioned energy of 34.

    At the judgment supply entrance, the CJI-led bench granted bails to activist Teesta Setalvad, arrested for allegedly fabricating proof to border “blameless folks” within the 2002 Gujarat riots instances, and Kerala-based journalist Siddique Kappan, arrested in October 2020 whilst on his strategy to Hathras in Uttar Pradesh the place a Dalit girl had died after allegedly being gang-raped.

    The CJI-led bench additionally referred to a five-judge Charter bench a suo motu plea on framing of pointers on how and when attainable mitigating cases be regarded as via courts all through trial in instances which entail the demise penalty as the utmost punishment.

    Justice Lalit-led benches took very robust notice of non-compliance of apex court docket orders and awarded four-month prison time period to fugitive businessman Vijay Mallya, accused in financial institution mortgage default case of over Rs 9,000 crore involving his defunct Kingfisher Airways.

    It additionally held the previous promoters of Fortis Healthcare Ltd Malvinder Singh and Shivinder Singh in charge of contempt via no longer making a real try to pay Rs 1170.

    95 crore each and every against honouring an arbitral award in opposition to them and passed down six months prison time period to them.

    Justice Lalit-led bench additionally awarded twelve months prison time period to a Kenyan citizen of Indian beginning but even so implementing a fantastic of Rs 25 lakh for committing civil and prison contempt via enjoying “fraud” on it in securing the custody of his son from his estranged spouse.

    He labored on 3 key spaces, together with list of instances and bringing up of pressing issues within the Splendid Courtroom all through his 74-day tenure as the top of the judiciary.

    He indexed a number of necessary instances, together with Charter bench issues, for adjudication, but even so notifying 25 five-judge Charter bench issues from August 29.

    READ HERE | Giant footwear to fill after CJI Lalit; hope to proceed his excellent paintings: Justice Chandrachud

    Justice Lalit, who was once a senior suggest ahead of being appointed a decide of the apex court docket, has been a part of a number of path-breaking verdicts, together with the only which held the apply of divorce via immediate ‘triple talaq’ amongst Muslims unlawful and unconstitutional.

    In January 2019, he recused himself from listening to the politically-sensitive Ram Janmabhoomi-Babri Masjid land identify dispute in Ayodhya.

    One of the most path-breaking verdicts Justice Lalit was once a part of was once the August 2017 judgement via a five-judge Charter bench which via a three:2 majority dominated the apply of divorce via immediate ‘triple talaq’ as “void”, “unlawful” and “unconstitutional”.

    Whilst the then Leader Justice J S Khehar and Justice S Abdul Nazeer have been in favour of hanging on cling the judgement for 6 months and asking the federal government to come back out with a regulation to that impact, justices Kurian Joseph, R F Nariman, and Lalit held the apply as violative of the Charter.

    Justices Khehar, Joseph, and Nariman have since retired.

    Some of the different necessary judgements, a bench headed via Justice Lalit had dominated the erstwhile royal circle of relatives of Travancore has the control proper over the ancient Sree Padmanabhaswamy Temple in Kerala, one of the crucial richest shrines, maintaining that the guideline of “heritability should get connected to a proper of Shebait” (servitor) of the temple.

    In every other important judgement, a bench headed via Justice Lalit had dominated that touching sexual portions of a kid’s frame or any act involving bodily touch with ‘sexual intent’ quantities to ‘sexual attack’ beneath phase 7 of the Coverage of Kids from Sexual Offences (POCSO) Act as crucial factor is sexual intent and no longer skin-to-skin touch.

    Quashing the arguable ‘skin-to-skin’ judgements of the Bombay Top Courtroom in two instances beneath the POCSO Act, the bench had stated the prime court docket erred in maintaining that there was once no offence since there was once no direct ‘skin-to-skin’ touch with sexual intent.

    Justice Lalit enrolled as an suggest in June 1983 and practised within the Bombay Top Courtroom until December 1985.

    He shifted his apply to Delhi in January 1986, and in April 2004, he was once designated as a senior suggest via the apex court docket.

    He was once appointed a distinct public prosecutor for the CBI to habits the trial within the 2G spectrum allocation case.