The Bench and the Bar

Delhi’s lawyers on Wednesday wrote to Chief Minister Arvind Kejriwal requesting him to exempt advocates from the city government’s odd-even vehicle restriction plan.

The coordination committee of all district court bar associations, in its letter to Kejriwal, said that the odd-even traffic restriction plan will severely affect litigants and the public having cases in the different district courts, tribunals, forums and commissions due to non-appearance of lawyers on time.

“The six different courts, various tribunals, judicial forums and commissions are located in different parts of the city far away from one another,” the letter said.

It said the odd-even plan will thus create undue suffering for the common man from the judicial delivery system.

In its bid to battle pollution, the Delhi government decided that private vehicles with odd and even registration numbers will ply on odd and even dates from 1 January.

Former Hindustan Unilever senior legal counsel Rajendra Misra has joined the Taj Hotels Resorts and Palaces group as general counsel (GC) several days ago, taking over part of the role that was previously handled by the group’s company secretary and vice president legal Beejal Desai.

Shardul Amarchand Mangaldas acted for Blackstone on its sale of shares in the Rs 500 crore ($75 m) initial public offer (IPO) of fragrance maker SH Kelkar & Co which was advised by DSK Legal. Khaitan & Co and Jones Day advised the IPO’s book running lead managers JM Financial Institutional Securities and Kotak Mahindra Capital Company.

A Supreme Court bench led by Chief Justice of India TS Thakur on Monday observed in a matter mentioned by advocate JC Seth no one can be forced to do yoga and that the question of violation of fundamental right would arise only if somebody is prevented from doing it reported The Indian Express. The advocate sought an early hearing of his petition in which he wants the Supreme Court to direct government to introduce yoga as a compulsory subject in schools throughout the country.

Seth informed the bench that all state governments, their education boards, CBSE and ICSE have been made parties in the matter which will be heard next on 12 January 2016.

The Chief Justice reportedly remarked “Who is preventing you (petitioner) from doing yoga? You can claim violation of your fundamental right only if somebody prevents you from doing it…you cannot force people to do yoga.” and proceeded to ask Seth “Do you do yoga every day? Does somebody stop you? How can people be forced to do it?” who responded that he would satisfy the court at the next hearing.

The Supreme Court’s Constitution Bench in the National Judicial Appointments Commission (NJAC) case, presided by Justice JS Khehar, delivered the consequential order in reforming the Collegium system to recommend appointment of new Judges to the High Courts and the Supreme Court, amidst high expectations at 10 30 AM. 

The Supreme Court’s five-judge constitution bench headed by Justice JS Khehar is set to pronounce its consequential judgment in the National Judicial Appointments Commission (NJAC) case in the morning today (16 December) at Court No 3 at 10:30 AM

A Delhi court held that in cases of drug peddling, the real drug sourcers go scot free, whereas the suppliers, who are invariably poor people, get caught.

The court said this while awarding 10 years jail to two men convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

“It is generally noticed that in such cases where drugs are supplied to consumers, the main drug peddlers go scot free and the conduit used by such peddlers, who are invariably poor people get caught,” said Special Judge Ajay Kumar Kuhar.

“In the present case, Saidul Islam and Mekail Sheikh (convicts) were the carriers, who became part and parcel of the conspiracy to deal in the supply and transportation of narcotic and psychotropic substances,” the court said, sentencing them to 10 years rigorous imprisonment.

It also slapped a fine of Rs 1 lakh each on the accused.

According to the prosecution, Islam and Sheikh were arrested in August 2011 in south Delhi and police recovered 3 kg and 2 kilogram of heroin respectively from their possession.

The order was delivered last week but was released to the media on Monday.

Former Delhi high court Chief Justice and chairperson of the Law Commission AP Shah criticised the Supreme Court for overturning Delhi high court judgment on decriminalising homosexuality and commented that the Supreme Court bench had “ignored the counter-majoritarian role of the judiciary” while speaking at the Tarkunde Memorial Lecture at the India International Centre, reported The Indian Express.

He expressed his concern over the Supreme Court’s decision which ignored a violation of fundamental rights and chose to stick with outdated laws. He was quoted as saying:

The Supreme Court neither engaged with the change in English law nor with changing social mores globally. Instead, the court’s views suggest that the legitimacy of a law is unquestionable, regardless of its origins in an imposed foreign morality or contrary evidence, scientific or otherwise. In fact, the high court’s extensive consideration of international developments were brushed aside by the Supreme Court.

Observing that either the judiciary or the legislature have the power to repeal Section 377 of Indian Penal Code that criminalises intercourse against the course of nature, he added: “It cannot be a never-ending game of toss and catch between the legislature and the judiciary. Someone must take up the gauntlet. Both the legislature and the judiciary need to act independently, but act now they must.”

The Bombay high court’s acquittal of Salman Khan raises disturbing questions about the court’s approach to prioritizing cases, according to Daksh, a Bengaluru-based NGO, which researches political and administrative processes in order to create and evolve methods of accountability and transparency in governance.

Retired Supreme Court judge and former Law Commission chairman PV Reddy will re-evaluate the controversial 2014 Delhi Judicial Services exam, ruled a Supreme Court bench of justices Dipak Misra and Prafulla C Pant today (14 December).

Although many expected Dushyant Dave to be reelected as the President, the scale of his victory has been surprising.  Many believed that it would be  a close contest between him and Shivaji Munjajirao Jadhav.  According to sources, Jadhav had spent a lot in bringing many outstation voters to Delhi to vote for him today, in order to neutralize the popularity of Dave among the voters.