Bar, Bench & Litigation

The Congress’ Maharashtra unit Wednesday moved Bombay high court challenging the constitutional validity of the Devendra Fadnavis-led BJP government and seeking its dismissal.

Former minister M Naseem Khan filed a writ petition before the court questioning the constitutional validity of the nearly month-old government and terming it as “illegal”.

Justice VM Kanade has posted the matter for hearing Friday (Nov 28), he said.

After the Oct 15 elections, Maharashtra threw up a fractured verdict in which the Bharatiya Janata Party secured 123 seats (which came to 122 after a legislator’s death), the Shiv Sena got 63, the Congress 42 and the Nationalist Congress Party 41, with the remaining 18 going to independents and smaller parties.

“Fadnavis approached the Governor C V Rao to stake claim to form the government claiming it had the requisite majority in the 288-member assembly, and was asked to prove it (majority) within 15 days,” Khan, a legislator from Mumbai, told IANS

However, Khan said that the vote of confidence in the assembly Nov 12 was passed by a voice vote.

“Nobody knows how many MLAs (legislators) voted in favour of the government or against it in the voice vote. Our stand is that this remains a minority government which does not enjoy the confidence of the house and must be dismissed immediately,” he contended.

Later the Congress and Shiv Sena had led separate delegations to Governor Rao questioning the validity of the Nov 12 trust vote.

Khan also claimed that all the major decisions taken by this government are “illegal” and must be set aside.

Former additional solicitor-general of India B A Desai and former solicitor-general of India TR Andhyarujina will appear on behalf of Khan in the case.

Fadnavis was sworn-in as chief minister Oct 31 at the head of a 10-member ministry which is likely to be expanded shortly.

Supreme Court advocate Nipun Saxena argues for a young bar and why the Bar Council of India (BCI) should not curtail the practice of young lawyers any further.

Ex-Supreme Court judge Justice Markandey Katju will be replaced as Press Council of India (PCI) chairman by ex Supreme Court judge Justice CK Prasad, reported the PTI.

Katju’s three-year term ended on 11 October, reported The Hindu yesterday.

Katju has been recently busy on his blog and in public, promoting a possibly upcoming tell-all book about the Indian judiciary.

Presumably his book will also tackle one or two other issues, judging by Katju’s prodigious and eclectic output that ranges from his campaign for the National Judicial Appointments Commission (NJAC) to his love of both Sanskrit and Urdu, and oftentimes also the plain nonsensical...

The Times of India reported that the purchase of laptops by over 300 judges of the lower courts will be examined by Delhi chief justice G Rohini and a panel, after discrepancies were raised into how the money was spent, with allegations that some may have bought TVs or home theatre systems rather than computers.

Due to alleged impropriety in using the Rs 1.1 lakh grant by one district judge, meant for the purchase of laptops and computers, the elevation of a batch of five district judges including him has also been stalled, according to another report by the Times of India.

Pending inquiry against the accused judge by Rohini, the process for elevating all the five judges whose names had been recommended for elevation to the Delhi high court, is in limbo.

The Supreme Court’s e-committee has rejected the government’s proposal to start recording court proceedings stating that it was not acceptable at present, reported the Times of India, quoting sources, though it did not report further details on the reason.

The government had mooted the proposal in August in an advisory council meeting of the law ministry, held in Delhi. Starting with all 15,000 subordinate courts as a pilot project, it was proposed to move it up to all levels, to increase transparency.

The Delhi High Court Bar Association had also vowed to meet the law ministry at the end of the court’s summer vacations, with the proposal to initiate audio video recording of court proceedings.

Allowing litigants and lawyers to independently record court proceedings has also been a long-running cause pushed by Delhi advocate Deepak Khosla.