Tag: Justice DY Chandrachud

  • Justice Chandrachud takes key judicial, administrative choices in his first month as CJI

    By means of PTI

    NEW DELHI: In his first month in place of work, Justice DY Chandrachud has taken a number of key judicial and administrative choices having a far-reaching affect similar to deciding to inspect the suitable to marriage of homosexual {couples} and ordering coverage of a space in Varanasi’s Gyanvapi complicated the place a ‘shivling’ was once claimed to had been discovered.

    Justice Chandrachud, who has been credited with taking steps for digitisation of the judiciary, gave a inexperienced sign for operationalising a web-based RTI portal and making to be had an up to date android model 2.0 of SC cell software.

    The Leader Justice of India has additionally tried to streamline the list of instances via giving primacy to bail petitions and matrimonial switch instances and determined that each and every apex courtroom bench will listen 10 such pleas each and every prior to beginning common lawsuits.

    But even so, Justice Chandrachud has additionally determined to arrange 4 particular benches to listen to felony appeals, direct and oblique tax and land acquisition issues and motor twist of fate declare instances respectively.

    Justice Chandrachud was once sworn in because the fiftieth CJI via President Droupadi Murmu on November 9.

    Born on November 11, 1959, Justice Chandrachud studied in St Stephen’s School and the Campus Legislation Centre prior to going to Harvard. He was once increased to the highest courtroom on Would possibly 13, 2016.

    Justice Chandrachud has been a part of a number of Charter benches and landmark verdicts like at the Ayodhya factor that cleared the path for the development of the Ram Temple on the disputed website in Uttar Pradesh and Proper to Privateness.

    He’ll have a tenure of 2 years because the CJI and throughout this era, as many as 19 posts of judges within the Splendid Courtroom should be crammed.

    At the moment, there are seven vacancies within the most sensible courtroom towards the sanctioned energy of 34 judges together with the CJI.

    The remaining 30 days had been relatively eventful because the CJI batted in favour of the collegium gadget of appointment of judges and also known as for recognize of the district judiciary whilst asking judges of the upper judiciary to eliminate the “colonial mindset”.

    He additionally expressed his disapproval of the perception that handiest trained individuals are higher decision-makers.

    Over 4 years after a bench of which he was once a component decriminalised consensual homosexual intercourse between adults, a CJI-led bench sought reaction from the central executive to split pleas via two homosexual {couples} looking for enforcement in their proper to marry and a route to government to sign up their marriage beneath the Particular Marriage Act.

    In a separate subject, a bench led via the CJI sought responses from the Centre, states and Union territories (UTs) on a PIL looking for issuance of instructions for offering unfastened sanitary pads to women learning in categories 6 to twelve in executive colleges around the nation.

    On November 25, the CJI-led bench brushed aside the NIA’s plea difficult the bail granted via the Bombay Prime Courtroom to scholar-activist Anand Teltumbde within the Elgar Parishad-Maoist hyperlinks case.

    In a contemporary speech whilst inaugurating a brand new development block for the Delhi Prime Courtroom, he stated, “India additionally survives a lot past” the nationwide capital and there was once a want to focal point on district judiciary and right kind infrastructure for it as the rustic “is going ahead”.

    Within the coming days, the apex courtroom beneath the management of the CJI will organise its first ‘hackathon’ match to spot cutting edge concepts and discover sensible propositions for refining and bringing in potency within the current procedure from ‘submitting to list’ of judicial issues.

    Talking at the instance of the Charter Day celebrations, he had stated the follow of democratic beliefs of liberty, equality and fraternity will have to be enabled via legislature and the manager but even so the courts maintaining those values via “foregrounding” them in judicial choices.

    He stressed out on simplifying the litigation procedure to make it “citizen-centric” and stated the judiciary has been adopting generation to toughen the running of courts and it’s of “ultimate significance” that courts are remodelled to achieve out to electorate as an alternative of them achieving out to courts of their quest for justice.

    Acknowledging the problems of the usage of open platforms like YouTube for live-streaming of courtroom lawsuits, he stated the highest courtroom could be taking steps to have its personal judicial infrastructure to begin dwell streaming of lawsuits whose get entry to could be given to “bona fide” individuals like litigants, saying it has to be sure that the “sanctity of the establishment is maintained”.

    No establishment in a constitutional democracy, together with the collegium, is absolute best and the answer is to figure out throughout the current gadget, he stated at the collegium gadget of judges appointing judges.

    Legislation Minister Kiren Rijiju has been very essential of the collegium gadget in his fresh public statements.

    Talking on the Charter Day celebrations organised via the Splendid Courtroom Bar Affiliation (SCBA) right here, the CJI had stated judges are trustworthy infantrymen who enforce the Charter.

    In any other speech, he requested Splendid Courtroom and Prime Courtroom judges to shun the “colonial mindset” and the “tradition of subordination” whilst coping with district courtroom judges, announcing the rustic wishes to transport in opposition to a “extra fashionable and equivalent judiciary”.

    The Splendid Courtroom Collegium headed via the CJI additionally really helpful switch of 7 prime courtroom judges to other prime courts within the nation.

    The suggestions on the subject of switch of few judges additionally ended in protests within the Telangana and Gujarat Prime Courts via legal professionals’ our bodies.

    Later, the checklist of prime courtroom judges, who have been really helpful for switch, didn’t come with Justice Nikhil S Kariel of the Gujarat Prime Courtroom.

    The CJI additionally sought help of senior attorney S Okay Rungta, a visually impaired particular person, to lend a hand the technical crew make the instrument utilized by the Splendid Courtroom available to those that are visually impaired.

    He additionally requested the Centre to take steps to verify e-filing of papers in all income issues within the most sensible courtroom, prime courts and tribunals just like the Customs Excise and Provider Tax Appellate Tribunal (CESTAT) and the Source of revenue Tax Appellate Tribunal inside 3 months.

    He was once additionally a part of crucial verdict increasing the scope of the Scientific Termination of Being pregnant Act and the corresponding laws to incorporate single ladies for abortion between 20 and 24 weeks of being pregnant.

    NEW DELHI: In his first month in place of work, Justice DY Chandrachud has taken a number of key judicial and administrative choices having a far-reaching affect similar to deciding to inspect the suitable to marriage of homosexual {couples} and ordering coverage of a space in Varanasi’s Gyanvapi complicated the place a ‘shivling’ was once claimed to had been discovered.

    Justice Chandrachud, who has been credited with taking steps for digitisation of the judiciary, gave a inexperienced sign for operationalising a web-based RTI portal and making to be had an up to date android model 2.0 of SC cell software.

    The Leader Justice of India has additionally tried to streamline the list of instances via giving primacy to bail petitions and matrimonial switch instances and determined that each and every apex courtroom bench will listen 10 such pleas each and every prior to beginning common lawsuits.

    But even so, Justice Chandrachud has additionally determined to arrange 4 particular benches to listen to felony appeals, direct and oblique tax and land acquisition issues and motor twist of fate declare instances respectively.

    Justice Chandrachud was once sworn in because the fiftieth CJI via President Droupadi Murmu on November 9.

    Born on November 11, 1959, Justice Chandrachud studied in St Stephen’s School and the Campus Legislation Centre prior to going to Harvard. He was once increased to the highest courtroom on Would possibly 13, 2016.

    Justice Chandrachud has been a part of a number of Charter benches and landmark verdicts like at the Ayodhya factor that cleared the path for the development of the Ram Temple on the disputed website in Uttar Pradesh and Proper to Privateness.

    He’ll have a tenure of 2 years because the CJI and throughout this era, as many as 19 posts of judges within the Splendid Courtroom should be crammed.

    At the moment, there are seven vacancies within the most sensible courtroom towards the sanctioned energy of 34 judges together with the CJI.

    The remaining 30 days had been relatively eventful because the CJI batted in favour of the collegium gadget of appointment of judges and also known as for recognize of the district judiciary whilst asking judges of the upper judiciary to eliminate the “colonial mindset”.

    He additionally expressed his disapproval of the perception that handiest trained individuals are higher decision-makers.

    Over 4 years after a bench of which he was once a component decriminalised consensual homosexual intercourse between adults, a CJI-led bench sought reaction from the central executive to split pleas via two homosexual {couples} looking for enforcement in their proper to marry and a route to government to sign up their marriage beneath the Particular Marriage Act.

    In a separate subject, a bench led via the CJI sought responses from the Centre, states and Union territories (UTs) on a PIL looking for issuance of instructions for offering unfastened sanitary pads to women learning in categories 6 to twelve in executive colleges around the nation.

    On November 25, the CJI-led bench brushed aside the NIA’s plea difficult the bail granted via the Bombay Prime Courtroom to scholar-activist Anand Teltumbde within the Elgar Parishad-Maoist hyperlinks case.

    In a contemporary speech whilst inaugurating a brand new development block for the Delhi Prime Courtroom, he stated, “India additionally survives a lot past” the nationwide capital and there was once a want to focal point on district judiciary and right kind infrastructure for it as the rustic “is going ahead”.

    Within the coming days, the apex courtroom beneath the management of the CJI will organise its first ‘hackathon’ match to spot cutting edge concepts and discover sensible propositions for refining and bringing in potency within the current procedure from ‘submitting to list’ of judicial issues.

    Talking at the instance of the Charter Day celebrations, he had stated the follow of democratic beliefs of liberty, equality and fraternity will have to be enabled via legislature and the manager but even so the courts maintaining those values via “foregrounding” them in judicial choices.

    He stressed out on simplifying the litigation procedure to make it “citizen-centric” and stated the judiciary has been adopting generation to toughen the running of courts and it’s of “ultimate significance” that courts are remodelled to achieve out to electorate as an alternative of them achieving out to courts of their quest for justice.

    Acknowledging the problems of the usage of open platforms like YouTube for live-streaming of courtroom lawsuits, he stated the highest courtroom could be taking steps to have its personal judicial infrastructure to begin dwell streaming of lawsuits whose get entry to could be given to “bona fide” individuals like litigants, saying it has to be sure that the “sanctity of the establishment is maintained”.

    No establishment in a constitutional democracy, together with the collegium, is absolute best and the answer is to figure out throughout the current gadget, he stated at the collegium gadget of judges appointing judges.

    Legislation Minister Kiren Rijiju has been very essential of the collegium gadget in his fresh public statements.

    Talking on the Charter Day celebrations organised via the Splendid Courtroom Bar Affiliation (SCBA) right here, the CJI had stated judges are trustworthy infantrymen who enforce the Charter.

    In any other speech, he requested Splendid Courtroom and Prime Courtroom judges to shun the “colonial mindset” and the “tradition of subordination” whilst coping with district courtroom judges, announcing the rustic wishes to transport in opposition to a “extra fashionable and equivalent judiciary”.

    The Splendid Courtroom Collegium headed via the CJI additionally really helpful switch of 7 prime courtroom judges to other prime courts within the nation.

    The suggestions on the subject of switch of few judges additionally ended in protests within the Telangana and Gujarat Prime Courts via legal professionals’ our bodies.

    Later, the checklist of prime courtroom judges, who have been really helpful for switch, didn’t come with Justice Nikhil S Kariel of the Gujarat Prime Courtroom.

    The CJI additionally sought help of senior attorney S Okay Rungta, a visually impaired particular person, to lend a hand the technical crew make the instrument utilized by the Splendid Courtroom available to those that are visually impaired.

    He additionally requested the Centre to take steps to verify e-filing of papers in all income issues within the most sensible courtroom, prime courts and tribunals just like the Customs Excise and Provider Tax Appellate Tribunal (CESTAT) and the Source of revenue Tax Appellate Tribunal inside 3 months.

    He was once additionally a part of crucial verdict increasing the scope of the Scientific Termination of Being pregnant Act and the corresponding laws to incorporate single ladies for abortion between 20 and 24 weeks of being pregnant.

  • Justice Chandrachud’s Charter bench to move ‘inexperienced’, asks attorneys to not deliver papers  

    Via ANI

    NEW DELHI: Justice DY Chandrachud on Wednesday stated that the Charter bench headed by way of him can be a “inexperienced bench” and requested the attorneys to not publish any papers or bodily paperwork.

    “We can stay this a fully inexperienced bench so there can be no papers. Please do not raise papers,” stated Justice Chandrachud to the attorneys.

    When an suggest expressed problem in the usage of era, Justice Chandrachud stated that officers of the Best Court docket Registry and IT cellular courtroom officers are keen to coach attorneys on Saturdays on how you can use era to offer arguments.

    Justice MR Shah additionally comprising the bench advised the suggest, “We additionally were given coaching, in the future it’s important to get started”.

    “The Secretary-Common and the IT Mobile head are masters of era, they stated that they’re keen to coach the seniors on how you can use era on Saturdays,” Justice Chandrachud added.

    The bench then directed the Registry to scan paper books and lead them to to be had to the bench and the events.

    The commentary of the bench got here whilst listening to a dispute between the Delhi govt and the Centre over regulate of administrative services and products within the nationwide capital.

    The opposite 3 circumstances indexed earlier than the Charter bench of Justices DY Chandrachud, MR Shah, Krishna Murari, Hima Kohli and PS Narasimha are associated with the Maharashtra political disaster dispute, the validity of Segment 6A of the Citizenship Act, and the validity of extending the good thing about reservation and nomination in Legislative Meeting beneath Article 334 past the unique length of operation, which is 10 years. 

    NEW DELHI: Justice DY Chandrachud on Wednesday stated that the Charter bench headed by way of him can be a “inexperienced bench” and requested the attorneys to not publish any papers or bodily paperwork.

    “We can stay this a fully inexperienced bench so there can be no papers. Please do not raise papers,” stated Justice Chandrachud to the attorneys.

    When an suggest expressed problem in the usage of era, Justice Chandrachud stated that officers of the Best Court docket Registry and IT cellular courtroom officers are keen to coach attorneys on Saturdays on how you can use era to offer arguments.

    Justice MR Shah additionally comprising the bench advised the suggest, “We additionally were given coaching, in the future it’s important to get started”.

    “The Secretary-Common and the IT Mobile head are masters of era, they stated that they’re keen to coach the seniors on how you can use era on Saturdays,” Justice Chandrachud added.

    The bench then directed the Registry to scan paper books and lead them to to be had to the bench and the events.

    The commentary of the bench got here whilst listening to a dispute between the Delhi govt and the Centre over regulate of administrative services and products within the nationwide capital.

    The opposite 3 circumstances indexed earlier than the Charter bench of Justices DY Chandrachud, MR Shah, Krishna Murari, Hima Kohli and PS Narasimha are associated with the Maharashtra political disaster dispute, the validity of Segment 6A of the Citizenship Act, and the validity of extending the good thing about reservation and nomination in Legislative Meeting beneath Article 334 past the unique length of operation, which is 10 years. 

  • SC expands definition of prone witness to incorporate age, gender-neutral sufferers of sexual attack 

    By means of PTI

    NEW DELHI: In a big order, the Excellent Court docket on Tuesday expanded the definition of “prone witness” in a legal case, which previous was a kid underneath the age of 18, to incorporate age and gender-neutral sufferers of sexual attack and witnesses affected by psychological sickness amongst others.

    The apex court docket additionally expanded the definition to incorporate any speech or listening to impaired person or an individual affected by another incapacity, who is regarded as to be a prone witness through the competent court docket or another witness deemed to be prone through the court docket involved.

    It stated the will for the significance of putting in particular amenities which cater to the introduction of a secure and barrier-free atmosphere for recording the proof of prone witnesses had been enticing this court docket’s consideration during the last 20 years.

    The highest court docket directed all of the Prime Courts to undertake and notify a Prone Witness Deposition Centre (VWDC) scheme inside two months from the date of this order until a scheme has already been notified.

    A bench of Justices D Y Chandrachud and Surya Kant appointed former Leader Justice of Jammu and Kashmir Prime Court docket Gita Mittal as chairperson of the committee for designing and enforcing an all India VWDC coaching programme for managing such centres and sensitizing all of the stakeholders together with judicial officials, contributors of the bar and workforce of the court docket institutions.

    “The definition of ‘prone witness’ contained in clause 3 of the VWDC scheme formulated through the Delhi Prime Court docket shall now not be restricted to kid witnesses, who’ve now not attained the age of 18 years and can be expanded”, the bench stated, whilst together with the kinds of age-neutral sufferers of sexual attack, gender-neutral sufferers of sexual attack, witnesses affected by psychological sickness and any witness deemed to have danger belief underneath the witness coverage scheme of 2018 of the Union executive.

    The highest court docket referred to a verdict of 1996 wherein the apex court docket had handed an identical instructions, then in 2004 and in 2017, when it had requested all of the Prime Courts of the rustic to undertake the tips ready through the Delhi Prime Court docket in 2017 for prone witnesses.

    In 2017, the highest court docket had stated that all of the Prime Courts can undertake such tips if the similar has now not but been followed with such adjustments as could also be deemed vital.

    “Putting in place of 1 centre for prone witnesses could also be required in virtually each district within the nation. All of the Prime Courts would possibly take suitable steps on this path sooner or later in stages. No less than two such centres within the jurisdiction of every Prime Court docket could also be arrange inside 3 months from nowadays. Thereafter, extra such centres could also be arrange as in line with the verdict of the Prime Courts”, the highest court docket had directed in 2017.

    The bench headed through Justice DY Chandrachud used to be listening to a question the place it used to be taking a look into the compliance of instructions issued in 2017.

    It stated, “All Prime Courts shall undertake and notify a prone witness VWDC scheme inside a duration of 2 months from the date of this order until a scheme has already been notified. The Prime Courts which have already got present VWDC schemes in position would possibly believe making appropriate adjustments to the scheme with the intention to carry it in conformity with the tips that have been indicated within the provide order.”

    The bench stated that during formulating the VWDC scheme, the Prime Courts shall have due regard to the scheme that have been formulated through the Delhi Prime Court docket, that have been duly authorized through the judgement of this court docket in State of Maharashtra as opposed to Bandhu (2017 verdict).

    “Each and every Prime Court docket must arrange an In-house VWDC committee for incessantly supervising the implementation of the current instructions and making periodic exams of the selection of the VWDCs required in every district proportionate to the time required for recording proof of prone witnesses and to coordinate the habits of periodic coaching programmes,” it stated.

    The highest court docket stated that each Prime Court docket is asked to make an overview of the prices to its manpower and infrastructure required to arrange no less than one everlasting VWDC in each status quo of the district court docket and estimate the optimum selection of VWDCs required for all of the state inside a duration of 3 months.

    In regards to the tenure of Justice (retd) Gita Mittal, the bench stated that the preliminary tenure of the chairperson will be for a duration of 2 years and all of the Prime Courts shall facilitate and provides complete cooperation in accomplishing coaching programmes as relating to the module, which might be ready through the chairperson.

    It stated that upon the estimation of the prices through the VWDC committee of every Prime Court docket, the state executive shall expeditiously sanction the needful price range now not later than inside a duration of 3 months from the date of submission of the proposals and disburse the similar to the Prime Court docket in keeping with the plan.

    The highest court docket stated that the Prime Courts shall make certain that no less than one everlasting VWDC is ready up in each district court docket status quo inside a duration of 4 months and the registrar basic shall record compliance experiences with this court docket.

    A number of different tips have been additionally issued through the highest court docket with the intention to facilitate environment friendly running of VWDCs at the advice of amicus curiae senior suggest Vibha Datta Makhija and in coordination with the Union Ministry of Girls and Kid Building and respective ministries of the States.