Tag: Uday Umesh Lalit

  • 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.

  • Superb Court docket affirms dying penalty of LeT terrorist in 2000 Crimson Castle assault case

    By way of PTI

    NEW DELHI: The Superb Court docket on Thursday brushed aside the plea of Lashkar-e-Taiba (LeT) terrorist Mohammad Arif alias Ashfaq in quest of overview of its judgement awarding dying penalty to him within the 2000 Crimson Castle assault case that left 3 other folks, together with two Military jawans, useless.

    A bench comprising Leader Justice Uday Umesh Lalit and Justice Bela M Trivedi stated that it has authorized the prayers that digital information be regarded as.

    “We have now authorized the prayers that digital information should be positioned in attention. His guilt is proved. We confirm the view taken by way of this courtroom and reject the overview petition,” the bench stated.

    Arif was once one of the crucial accused, who had entered the Crimson Castle on December 22, 2000 and had opened indiscriminate firing resulting in the dying of 3.

    NEW DELHI: The Superb Court docket on Thursday brushed aside the plea of Lashkar-e-Taiba (LeT) terrorist Mohammad Arif alias Ashfaq in quest of overview of its judgement awarding dying penalty to him within the 2000 Crimson Castle assault case that left 3 other folks, together with two Military jawans, useless.

    A bench comprising Leader Justice Uday Umesh Lalit and Justice Bela M Trivedi stated that it has authorized the prayers that digital information be regarded as.

    “We have now authorized the prayers that digital information should be positioned in attention. His guilt is proved. We confirm the view taken by way of this courtroom and reject the overview petition,” the bench stated.

    Arif was once one of the crucial accused, who had entered the Crimson Castle on December 22, 2000 and had opened indiscriminate firing resulting in the dying of 3.

  • How can there be pre-screening committee for internet collection, asks Superb courtroom

    Via PTI

    NEW DELHI: Staring at it at all times felt pre-censorship is impermissible, the Superb Courtroom Thursday questioned how can there be a pre-screening committee for internet collection, movies or different programmes that are at once launched on on-line platforms.

    An apex courtroom bench of Leader Justice Uday Umesh Lalit and Justice Bela M Trivedi was once listening to a plea filed by way of Mirzapur-resident Sujeet Kumar Singh for putting in place a pre-screening committee for internet collection, movies or different programmes that are at once launched on on-line platforms.

    “How can there be a pre screening committee for internet collection? There’s a explicit regulation. Until you assert OTT (over-the- peak) may be part of it. you should say that present regulation should practice to OTT. Quite a lot of questions will stand up as a result of transmission happens from different nations.”

    “For OTT satellite tv for pc transmission is from different nations and no longer this one even if audience could also be right here. Publish exhibition redressal mechanism is other. our petition needs to be extra detailed. Report a greater one,” the bench mentioned whilst directing the petitioner to withdraw the plea.

    An over-the-top (OTT) platform is a provider that allows supply of video and are living circulation feeds to any internet-enabled tool.

    This permits one to ship and monetise video content material at once to audience with none third-party platform.

    The highest courtroom additionally refused to stick the 1/3 season of the preferred ‘Mirzapur’ internet collection, which is these days underneath manufacturing.

    The courtroom had previous sought responses from the Centre, Amazon High Video and Excel Leisure Pvt Ltd at the plea which additionally alleged ‘Mirzapur’ tarnished the historic and cultural symbol of where by way of appearing it as a town of goons.

    The petition mentioned the Ministry of Data and Broadcasting must be directed to make certification by way of a central authority authority obligatory prior to the discharge of a internet collection, movie or different such programmes on on-line platforms.

    It sought a path to the federal government to border regulations and rules for free up of such content material on on-line platforms and demanded that they be censored.

    NEW DELHI: Staring at it at all times felt pre-censorship is impermissible, the Superb Courtroom Thursday questioned how can there be a pre-screening committee for internet collection, movies or different programmes that are at once launched on on-line platforms.

    An apex courtroom bench of Leader Justice Uday Umesh Lalit and Justice Bela M Trivedi was once listening to a plea filed by way of Mirzapur-resident Sujeet Kumar Singh for putting in place a pre-screening committee for internet collection, movies or different programmes that are at once launched on on-line platforms.

    “How can there be a pre screening committee for internet collection? There’s a explicit regulation. Until you assert OTT (over-the- peak) may be part of it. you should say that present regulation should practice to OTT. Quite a lot of questions will stand up as a result of transmission happens from different nations.”

    “For OTT satellite tv for pc transmission is from different nations and no longer this one even if audience could also be right here. Publish exhibition redressal mechanism is other. our petition needs to be extra detailed. Report a greater one,” the bench mentioned whilst directing the petitioner to withdraw the plea.

    An over-the-top (OTT) platform is a provider that allows supply of video and are living circulation feeds to any internet-enabled tool.

    This permits one to ship and monetise video content material at once to audience with none third-party platform.

    The highest courtroom additionally refused to stick the 1/3 season of the preferred ‘Mirzapur’ internet collection, which is these days underneath manufacturing.

    The courtroom had previous sought responses from the Centre, Amazon High Video and Excel Leisure Pvt Ltd at the plea which additionally alleged ‘Mirzapur’ tarnished the historic and cultural symbol of where by way of appearing it as a town of goons.

    The petition mentioned the Ministry of Data and Broadcasting must be directed to make certification by way of a central authority authority obligatory prior to the discharge of a internet collection, movie or different such programmes on on-line platforms.

    It sought a path to the federal government to border regulations and rules for free up of such content material on on-line platforms and demanded that they be censored.

  • Open doorways of prison support to all: Justice Lalit

    By means of Categorical Information Provider

    NEW DELHI:  Justice Uday Umesh Lalit of the Excellent Courtroom and the manager chairman of the NALSA has appealed prison practitioners and government to “open the doorways of prison support for unrepresented individuals by means of giving high quality prison support products and services”.

    Whilst addressing the judges, attorneys and prison products and services suppliers at a state-level convention ‘Early get entry to to justice at pre-arrest, arrest and remand Justice’ on Saturday, he instructed for early get entry to to justice and high quality prison support to the arrested individuals. 

    “At each and every conceivable degree the individual will have to have the merit or the advantage of certified prison help and the prison products and services government are supposed to facilitate the stated mechanism,” he stated.