A five judged bench of the Supreme Court headed by Justice R. M. Lodha was deeply concerned over the “excessive” and “uncontrolled” workload flowing over the highest judiciary. The court has requested the Bar to find means to control the number of cases being appealed to the Supreme Court every day.
It is worth mentioning that the J. Jayalalithaa government in Tamil Nadu had taken the decision to release all the seven convicts, found guilty in the Rajiv Gandhi assassination case. The Center, then led by the UPA had challenged the state government’s decision and now the new government, led by Prime Minister Narendra Modi has stood by its predecessor.
“Whatever may be the status of fatwa during Mughal or British rule, it has no place in independent India under our constitutional scheme”, ruled a bench of Justices, Chandramauli K Prasad and Pinaki C Ghose.
The apex court made the observations in the wake of a petition filed by Kazmi seeking shifting of the trail to another court, alleging bias by the present court. “Sometimes the subordinate court may pass an improper or wrong order. It can be corrected but it cannot be a basis for seeking transfer of trail”, said Justice Shiva Kirti Singh as Kazmi’s counsel Mahmood Pracha moved the court for transferring the trial.
SC orders for magistrate’s approval for arrests under anti dowry law.The Supreme Court restrained the police from automatically making any arrest under the dubious anti-dowry law
“How much do you pay for one appearance of Amitabh Bachchan for your advertisement? How much you spend on ads. It must have been thousands of crores. It is only the state which is not paid”, the bench said.
The judge further added that the utilization of latest technologies such as e courts, digitization of cases, computerization of courts and video conferencing between jails and courts can help advocating easy access to justice.
While the apex court refrained from issuing any order, it did express anxiety over how some men were being falsely charged with inducing their ex-partners into a sexual relationship on the promise of marriage. On many occasions it was found that the relationship the couple shared was fully consensual. Worse still, a sizeable proportion of such cases involve young, educated women accusing their ex-partners of rape on similar grounds.
One of the major issues paralyzing the agency is financial crunch due to which it cannot even pay for the maintenance of its Delhi headquarters. The issue gains more significance over the fact that the prosecutors have now denied to work for the agency due to nonpayment of remunerations. Earlier, the agency has also sought its inclusion under the fund for police modernization to meet its expenses, but to no avail.
The authority further added that the Central Public Information Officer (CPIO) is not the authority or the person from whom information can be sought on the rationale behind the delivery of judgments by the court.