BCCI remains firm with S. Sreesanth lifetime ban

Citing that the Kerela High Court’s decision was contrary to the present rules of the organisation, Board of Control for Cricket in India (BCCI), has filed an appeal against the lifting the lifetime the ban on former-bowler S Sreesanth. According to ANI, this came after Kerala High Court’s judgment on August 7 as the board was unhappy with the HC’s motion and seeks to reprimand the judgment.

In an affidavit in the beginning of 2017, the BCCI had stated that the standard proof required under a penal statute was much higher than the proof required for a disciplinary inquiry. This implies that the accused may be free of the criminal charges (following the evidence)  however, but can be apprehended if the internal disciplinary rules of an organisation are violated.

The court’s response to the affidavit was stated in the current motion which lifts the ban. It said that BCCI failed to acknowledge the evidence as a whole. It pointed that only empty allegations that were made by the plaintiff could only submit confessions of the accused, which the defended said were forced out of him.

Sreesanth was accused of spot-fixing during the 2013 Indian Premier League (IPL) along with two other teammates of the same club. Ajit Chandila and Ankeet Chavan still face a permanent career ban whereas Sreesanth was acquitted in 2015.

Sources: Indian Express & Times of India

 

Rape inside taxi: Delhi HC slams law enforcers

NEW DELHI: The sexual assault of a 23 year old woman in a cab minus the mandatory global positioning system (GPS), came in the eye of the Delhi High Court, which ultimately came down heavily on the agencies for not properly enforcing the law.

Acting Chief Justice, Gita Mittal, along with the bench took cognisance of the incident that took place on September 12, where a driver of a yellow-black taxi offered lift to a woman near the railway station and then forced himself on her. C Hari Shankar, also a part of the bench was quoted “It points out that enforcement agencies, Delhi Police and traffic police are unable to check gross violation of law by taxi drivers in Delhi, resulting in serious crimes including sexual violence against passengers, It needs to be checked.”

The bench has asked the Delhi government, Centre, transport department and the city police to file responses of the laws that are being violated by the cab drivers in Delhi. The responses for the same have been ordered by September 20. The court in addition has ordered that the victim should be given compensation and be provided with immediate legal aid.

News Sources- NDTV, India Today

Retired Justice Karnan arrested in Coimbatore

Recently retired Calcutta High Court Judge, Justice CS Karnan, was arrested in Coimbatore late on Tuesday by the West Bengal Police in contempt of the Supreme Court (SC) of India. Justice Karnan had given controversial rulings against the Chief Justice of India (CJI) and other judges, becoming the first sitting judge to rule against a Supreme Court Justice.

Karnan had been evading the West Bengal (WB) Police ever since the seven-judge bench headed by CJI JS Khehar had sentenced him to six-month imprisonment. West Bengal Police, under the orders of SC to arrest Karnan “forthwith,” at last got the better of the eluding judge who has been on the run since May 9. He was taken into custody by WB and Tamil Nadu cops in the outskirts of Coimbatore city.

Justice Karnan had found Khehar and seven other SC judges “guilty” of breaching the “Scheduled Castes & Scheduled Tribes Atrocities Act, 1989, 2015,” and had sentenced them to 5 years of imprisonment along with a fine of Rs 1 lakh. He had also directed the Delhi Police commissioner to execute the order. Although being stripped of his judicial rights since February 8, Karnan had been holding court hearings at his residential place, and had even refused to undergo mental health test as directed by the SC. He has repeatedly stated that he has been victimized because of his Dalit status.

CS Karnan officially retired on June 12. He was subsequently taken to Chennai by the authorities after his arrest.

News Sources- The Times of India, NDTV 

Nursery admission row: HC dismisses Delhi government’s appeal

The Delhi High Court has rejected the appeal of Aam Aadmi Party Government and put a stay on the January 7 the verdict regarding the Delhi Nursery Admission norms. Many schools and parents had filed a plea at the court after the Delhi government had put a neighbourhood clause for the private unaided schools in the city. Following the same, the High Court had put an interim stay on the January 7 notification on the distance criteria.

Today, the court dismissed the AAP Government’s appeal against the stay order of its new nursery admission norms. 

This order was enacted after petitions were filed by parents and two school groups challenging the AAP government’s December 19 and January 7notifications which made 298 private schools, which were built on Delhi Development Authority land, to accept nursery admission forms based only on the neighbourhood or distance norm.

This is not the first time as earlier also, the High Court had asked the Centre and the Delhi Government to produce the allotment letters on the basis of which neighbourhood criteria was imposed. 

News Source: Indian Express, NDTV

Image Source: istockphoto

Supreme Court Collegium names nine High Courts Chiefs

The Supreme Court Collegium on Tuesday recommended nine names to the government to be appointed as High Court Chief Justices. This move  of the Collegium headed by the Chief Justice of India J S Khehar came after much anticipation. With this move, there will be regular appointment of High Court justices instead of acting chiefs for several months altogether.

If these names are approved by the government then it’ll create history in terms of getting the highest number of appointment of High Court chief justices in a single round.This could also prove to be a major leap forward after the elongated tussle between the judiciary and the government over the appointment of judges.

The apex court had struck down the National Judicial Appointments Commission (NJAC) in October 2015, a heated undertone in the relation between the executive and the judiciary was evident. The government practically held back all recommendations made by the collegium. This eventually led to the shortage of chief justices in the High Courts of the country.

According to the Indian Express, the names recommended for the High Court chief justices appointments are: Justice Hemant Gupta for Madhya Pradesh High Court; Justice Abhilasha Kumari for Tripura High Court; Justice B D Ahmed for Jammu and Kashmir High Court; Justice Pradeep Nandarajog for Rajasthan High Court; Justice Rajendra Menon for Patna High Court; Justice T Vaiphei for Hyderabad High Court; Justice H G Ramesh for Madras High Court; Justice T B Radhakrishnan for Chhattisgarh High Court and Justice P K Mohanty for Jharkhand High Court.

 

SOURCES: Financial Express,

IMAGE SOURCE: PTI

 

HC rejects petition challenging PM’s election from Varanasi

The Allahabad High Court on Wednesday declined a petition filed by Ajay Rai, a Congress MLA which challenged the election of Prime Minister Narendra Modi from Lok sabha of the Varanasi Constituency.

The high court dismissed the plea of the MLA who had lost elections in 2014 by quoting.” “No material has been placed on record to make the petition triable,”. Also the single bench  Justice headed by Vikram Nath believed that  the petition filed by  the petitioner  was “half-hearted” and contained  ambiguous and dubious statements based solely on indefinite media reports.

In his petition Rai  alleged that an amount of more than 50 crore had been spent in Modi’s electoral campaign and also he claimed that during the voting dates in Varanasi, the posh hotels were booked in the city of ghats and “more than 400 vans” were used to promote and propagate the slogans like “ Har Har Modi” and “ Abki Baar Modi Sarkaar”.

By accepting the primary objection raised by Modi’s Counsel, the Court mentioned that petitioner has failed to prove the direct involvement of the candidate or his supporters in the excessive expenses alleged.

SOURCES : Times of India, Business Standard

Image Source : PTI

Haasan gets emotional, says will leave TN

“I am a victim of a political game,” said Kamal Haasan at a press conference in Chennai. Distraught by the stay in the release of his magnum opus Vishwaroopam, Kamal hinted at finding another ‘secular’ country to live in. “Like the way MF Hussain did,” he said.

Produced at a budget of Rs 90 crores, Kamal has claimed of pledging all his property on this film. Vishwaroopam was banned in Tamil Nadu after Muslim groups protested over the alleged depiction of their community in a negative light.

Watch an emotional Kamal Haasan talk about his movie, at this link.

A still from Kamal Haasan's Vishwaroopam. The actor plays a Kathak dancer in the film.
A still from Kamal Haasan’s Vishwaroopam. The actor plays a Kathak dancer in the film.