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7 hours ago
Harish Salve will try to see what he can do to free Sahara Subrata, gets him Tihar conference room in meantime
According to the Times of India, Senior counsel Harish Salve has been the latest lawyer to have been instructed to appear for Sahara boss Subrata Roy, who continues to be locked up in Tihar Jail for contempt of court.
Salve’s first act as counsel was to accept the offer of a bigger cell for Roy - “a big conference room with attached bathroom and also an annexe in Tihar complex that is safe and secure from security point of view” – in order to arrange for the sale of big hotel properties in London and New York owned by the Sahara group to meet the Supreme Court’s stipulated now Rs 10,000 crore quasi-bail, in order to meet Sebi’s order to repay Rs 24,000 crore to investors.
Journalist @JaskiratSB tweeted: “Amongst facilities that could possibly be provided to [Roy] in jail: 2 secretarial staff, wifi, video conferencing + laptops, printers… Sahara to pay for facilities of course. As mentioned in court. But no final call yet.”
“Harish Salve completes a long list of legal luminaries representing Subrata Roy,” commented @SandipGhose on Twitter, referring to the roster of senior counsel who have appeared and failed to get Roy any relief, including Ram Jethmalani, Fali Nariman, Gopal Subramanium, KTS Tulsi, Abhishek Manu SInghvi, PH Parekh, Aryama Sundaram and others.
Clyde & Co Dubai aviation partner Sidanth Rajagopal joined the London office of Kaye Scholer with the same designation, reported Bar & Bench.
The ILS Pune alumnus, who had also briefly worked at Clyde’s Indian best friend firm Clasis Law, told B&B: “This was a fantastic opportunity to be part of a top rated Aviation Finance & Leasing Practice that is expanding its global reach.”
We have reached out to Clydes for comment.
Law Comm's AP Shah weighs in on collegium debate: Fixed CJI tenure, JAC to have more judges & post-bench cooling off
The Law Commission chairman Justice AP Shah has recommended that the tenure of the Chief Justice of India (CJI) should be fixed to at least two years, and that the Judicial Appointments Commission (JAC) should consist of at least four judges, including the CJI as chairperson, reported The Hindu and the Indian Express.
The minimum CJI tenure should take effect after the current roster of sitting Supreme Court judges in line for the CJI post will have retired by August 2022, with Justice NV Ramana as the last CJI under the old system, recommended Shah in a note he sent to the law minister Ravi Shankar Prasad.
Furthermore, he recommended that judges should have a three year “cooling off period” after retirement before they take up any government jobs. The JAC, apart from the four sitting Supreme Court judges, should also include the law minister, with an eminent jurist and an eminent member of civil society picked by the CJI, the prime minister and the leader of the Lok Sabha opposition.
Shah’s proposal was reportedly discussed in Monday’s meeting between the law ministry and top lawyers and retired judges.
The central government and its law minister Ravi Shankar Prasad are set to meet in Delhi with a number of advocates today, to discuss the shape of a constitutional amendment on judicial appointments, reported the Times of India.
The panel to give feedback on a possible change to the collegium system includes “former CJIs AM Ahmadi, AS Anand, VN Khare and RC Lahoti; former AGs K Parasaran, Soli Sorabjee and Ashok Desai; eminent lawyers Fali Nariman, Shanti Bhushan, Anil Divan, KK Venugopal and Harish Salve; eminent jurists NR Madhava Menon and Upendra Baxi [and] attorney general Mukul Rohatgi and solicitor general Ranjit Kumar,” according to the TOI.
The previous government's draft Judicial Appointments Commission Bill proposed a panel of the CJI and two Supreme Court judges, the law minister as well as two eminent citizens, who will be nominated by the prime minister, the CJI and the Lok Sabha's Leader of the Opposition - a position currently unfilled.
The Bar Council of India (BCI) has stated that under Rule III of the BCI rules “wearing of advocate’s gown shall be optional except when appearing in the Supreme Court or in High courts”, reported the Times of India, and under Rule IV, “wearing of black coat is not mandatory” during summer.
The relaxed dress code, communicated in a letter of 16 July by the BCI, was a response to a letter sent on 2 June by the Tamil Nadu Federation of Women’s Lawyers, requesting the exemption because of the inordinate heat in summer, particularly in Tamil Nadu.
Punjab and Haryana high court chief justice Sanjay Kishan Kaul was today sworn-in as chief justice of the Madras high court.
The 55-year-old Delhi University law graduate and former senior counsel replaces Justice RK Agrawal, who was elevated to the Supreme Court, and acting chief justice Satish K Agnihotri. [The Hindu]
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The force feeding of a fasting Muslim by a Shiv Sena politician was termed “very regrettable and unfortunate” by the home minister in Parliament; an NGO meanwhile took legal action:
Advocate Imran Ali alleged that the act of Sena MP Vichare was a “deliberate act” to “grab public attention” and “hurt sentiments and religious feelings of Muslims”. He claimed that the act was “intentional” since the “Shiv Sena claims and has projected itself to be a non-secular party”.
The lawyer sought registration of an FIR under IPC sections 153A (promoting enmity), 295A (deliberate act to insult religious belief) and 298 (intent to wound religious feelings).
The Bar Council of India (BCI) has extended the registration date for the All India Bar Exam (AIBE) to 13 August, according to a notice dated today (25 July) on the official AIBE website. Registrations were scheduled to end today after the bar exam date was postponed to 7 September 2014.
The Supreme Court has appointed senior advocate RS Cheema as the special public prosecutor (SPP) in the Coalgate scam special court trial, reported the PTI, presided over by additional sessions judge Bharat Parashar.
A week ago the bench of Chief Justice RM Lodha, Justice Madan B Lokur and Justice Kurian Joseph had heavily pushed for Gopal Subramanium, who bowed out of the apex court judgeship process, to become SPP.
24 July 2014
The seventh All India Bar Examination (AIBE – VII) has been postponed for candidates appearing from Cochin from 7 September to a yet undecided date.
The Bar Council of India (BCI) said in its notification that the exam was postponed in Kerala due to Thirunoam celebrations on that date. The notification on the AIBE’s website states:
“As per the council decision via letter ref no : BCI:D:3487/2014, This is to inform the candidates from the state of Kerala who have applied for AIBE-VII that the examination will not be conducted on 7th September 2014 in Kerala due to the celebration of Thiruonam. All the candidates who have selected their examination center as Cochin will be allowed to appear for the examination that will be held on a later date. The date of the examination will soon be published online."
23 July 2014
The Calcutta high court is set to get its first female chief justice, as Kerala high court chief justice Manjula Chellur gets trasnferred to Calcutta after its CJ Arun Mishra was elevated as a Supreme Court judge, reported the New Indian Express.
Justice Chellur became a Karnataka HC judge in 2000 and replaced now SC justice Chelameswar as Kerala HC’s CJ in November 2011.
22 July 2014
Chief Justice of India (CJI) RM Lodha has notified the Supreme Court Rules, 2013 that have received the president’s assent and will reduce the maximum time of the apex court’s summer vacations from 10 to 7 weeks, reported the Indian Express, though the total annual holidays will remain capped at 103 days [Download rules here].
The court took 49 days (7 weeks) of summer vacations this year, against an average of 45 days for the past few years. However, the move is seen as symbolic of Lodha’s desire to reduce pendency in the courts by increasing the number of working days, which has seen heavy resistance from bar councils and associations.
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