The Bench and the Bar

Ex-prime minister Manmohan Singh today moved the Supreme Court against the order of a special Central Bureau of Investigation (CBI) trial court that summoned him as an accused alongside industrialist Kumar Mangalam Birla in the coal scam case, reported NDTV and others.

Senior counsel KTS Tulsi and Kapil Sibal will represent Singh, reported India Today.

The CBI had filed a closure report telling the court there was no prosecutable evidence against Singh.

The Delhi high court today issued notice to Delhi Aam Aadmi Party’s law minister Jitender Singh Tomar after a new petition, this time by the BJP politician Tomar had defeated in elections, that Tomar had enrolled himself as an advocate on the basis of a “false and bogus” science degree, reported Zee News.

The Hindu reported:

The Supreme Court on Monday granted three more months to the Sahara group to sell its offshore properties to raise the Rs 10,000 crore required to secure the release of its chief Subrata Roy on bail. The court said it was satisfied with the company’s latest proposal and would allow it to proceed further.

“Prima facie, we are satisfied that the proposal appears to be a serious effort and we allow it to pursue it further,” said the court.

Senior counsel Kapil Sibal appeared for Roy, and had secured a “final chance" for the Sahara boss to raise the money by selling the company’s properties. Roy has been jailed for one year now for contempt by violating an order from SEBI to repay investors.

Being an independent litigator or founder of a firm, in the bubble of the bar, is a pretty big deal. Most who start in litigation, often only on nominal remuneration (if any) doled out by well-paid senior lawyers, dream of the day they can finally set up their own shop.

Social media was abuzz this morning as Supreme Court justices J Chelameswar and Rohinton Fali Nariman read down section 66A of the Information Technology Act, though upheld section 69A that allows the central government to block entire websites.

Delhi district court bar associations are set to go on a half-day strike again tomorrow over the increase of pecuniary jurisdiction after striking the majority of last week.

An SMS to bar association members today stated:

R/M, U r requested to assemble at PHC 4 PROTEST MARCH on 24.3.15 at 2:30 PM Complete abstinence from work declared after 2PM in all Courts-Avnish Rana,Secy.Gen [Saket Bar Association]

Click here to read more about the issues and factions involved.

The Delhi district court lawyers’ strike for increasing the pecuniary jurisdiction of the lower courts continues today, after “around thousand lawyers marched to the residence of the Union Law Minster today. There our delegation met him outside his residence. We showed him his assurance letter given to us during the last session. He assured us that the bill will be passed but did not give any time frame, even after repeated requests. If they (government) will not do what they have assured us, we will intensify the protest,” RK Wadhwa, chairman of coordination committee of all district courts bar associations, told the PTI.

Click here to read more about the issues and factions involved.

"The Supreme Court Women Lawyers Association took umbrage at the comments of advocates ML Sharma and AP Singh in the documentary India’s Daughter and sought a ban on their entry into the apex court premises” by filing a petition before the court, reported The Times of India and others.

The petition stated:

The comments made in the documentary (by the two advocates) are inhumane, scandalous, unjustifiable, biased, outrageous and ill-minded and are a direct affront to and in violation of dignity of women, especially the women practising in the Supreme Court. These comments have caused a sense of insecurity, indignation and fear among the female lawyers practising in the Supreme Court.

The derogatory and insulting words used by Sharma make it clear that according to him women shouldn’t be allowed to go out after the time specified by him; they should have no choice of choosing persons with whom they want to spend time; they shouldn’t be allowed to befriend men; they should not be allowed to live their life as per their wish; that women shall forever be restrained from even thinking of being independent and maintain individuality.

After having lost practically its entire Mumbai office though having hired two others, two more Clasis Law partners have quit, reported Bar & Bench:

Clasis Law’s Indirect Tax practice Head Manoj Mishra along with the firm’s Infra and Energy Head Jatinder Cheema have recently resigned from the firm.

The Supreme Court bench of justices Dipak Misra and AK Goel has extended the anticipatory bail plea of human rights activist Teesta Setalvad and her husband to a larger bench, while ordering that the stay on her arrest should continue, reported Mint.

This week in Mint, Legally India dove into the complicated and fascinating politics of the Delhi bar.

The Delhi Bar Association has called for today’s Delhi district court strike to be extended by another two to three days to protest the government’s deferring of the bill increasing the pecuniary jurisdiction of district courts.

SMS messages from the Delhi Bar Association to members stated, with conflicting end dates for the strike, said:

As Govt betrayel the lawyers on the issue of Pecuniary Jurisdisdiction. Complete strike will continue till 20 March in all Dist Courts. Pls cooperate. DD Sharma

and

R/M the coordination committee has unanimously decided to observe complete strike till 19-03-15 against the non implementation of pecuniary jurisdiction of Rs 2 cr

and

On the issue of P.J. Lawyers shall observe complete strike on18 & 19.3.15. and Gherao of law min on 19.3.15 at 8 AM at 1 Tyag raj Marg.Nr teenmurti.  RKWadhwa

The DBA called for a one day strike yesterday.

Legally India reported on the politics behind pecuniary jurisdiction today in an in-depth report in Mint.

Delhi Barfly goes anthropological, and describes some of the lawyers you’ll meet in Delhi’s colourful district courts ecosystem.

The Delhi district courts will go on strike tomorrow to protest against parliament not having passed the pecuniary jurisdiction increase bill.

A message from Delhi Bar Association (DDA) secretary DD Sharma stated: “In view of [coordination committee] decision complete strike is observed tomorrow on the issue of pecuniary jurisdiction.”

An earlier message from the DDA president Sanjeev Nasiar stated: “Be ready for big battle against Govt.4 their betrayal on d issue of Pecu.juris. Cordi.comi. will take action soon.”