No Change in Judicial Appointment System : Moily to Rajya Sabha

Veerappa Moily
Union Law Minister

Source : Indlaw.com

Notwithstanding criticism of ‘dilatory and ineffective’ process of appointing Supreme Court and High Courts Judges, the government has no immediate plans to change the system, Rajya Sabha was told. 

‘There is, at present, no specific proposal to bring about any change,’ Law and Justice Minister M Veerappa Moily said in a written reply to Shiromani Akali Dal member Balwinder Singh Bhunder. 

Bhunder wanted to know whether the government will amend the Constitution to give the executive overriding powers in selecting Judges as the present procedure ‘has proved to be dilatory and ineffective.’ Moily said the procedure for Judges appointment based on a Supreme Court judgement ‘has been debated in various fora and there have been demands to change the same.’ ‘However, there is, at present, no specific proposal to bring about any change in the present system of appointment of Judges in the Supreme Court and the High Courts.'

No Benches of Supreme Court : Moily

Veerappa Moily
Union Law Minister

Source : Indlaw

The government does not centrally maintain information on appeals to the Supreme Court from High Courts across India or any disparity involved, Rajya Sabha was told. 

Law and Justice Minister M Veerappa Moily (Pictured) was answering Dravida Munnetra Kazagham member Kanimozhi on HC-wise rate of such appeals. 

Ms Kanimozhi wanted to verify if the appeal rate from Tamil Nadu, Kerala, Karnataka and Andhra Pradesh was 1.7 per cent, while that from Delhi, Punjab and Haryana, over six per cent. 

She also wanted to know if in the light of such disparity, the government considered increasing the number of Supreme Court benches, especially for southern States. 

Dr Moily replied that information on rate of appeal to the Supreme Court from the High Courts is not maintained centrally. 

He also said the government has ‘no proposal to establish Benches of the Supreme Court anywhere in the country.'

Add Section 302 IPC in case of Dowry Death : Supreme Court

We had earlier reported a Judgment of the Apex Court where the Bench had opined that Dowry Deaths fall under the category of 'rarest of rare' case and thus is liable to be punished with the death sentence.

In a significant order, passed today, the Supreme Court directed that all trial courts in the country shall add Section 302 IPC (murder) in a case of dowry death under Section 304 B so that death sentence can be given in heinous and barbaric crimes against women. 

A bench comprising Justices Markandey Katju and Gyan Sudha Misra also directed that the copy of this order be sent to Registrar Generals of all High Courts which will circulate it to all trial courts for compliance. 

The apex court disapproved the approach of the Punjab and Haryana High Court which reduced the life sentence given to the appellant Rajbir alias Raju, who killed his wife Sunita by striking her head repeatedly against the wall and finally throttling her, to ten years. 

The apex court issued notice to Rajbir, asking him to explain why life imprisonment awarded to him by the trial court should not be restored. 

The apex court, however, granted bail to his mother considering that she is about 80 years old. 

Sunita was killed within six months of her marriage for not meeting the dowry demands. 

The Supreme Court had in another case issued notice to Sukhdev Singh, asking him to explain why his life imprisonment should not be enhanced to death sentence. 

The apex court in order said, ‘We further direct all trial courts in India to ordinarily add Section 302 to the charge of Section 304 B, so that death sentence can be imposed in such heinous and barbaric crimes against women.’ Justice Katju had earlier described Indian society as sick in view of increasing incidence of murder of young married women to satisfy the lust and greed for dowry

Week 3 : 'Action Packed'

We have seen tremendous amounts of action this week in the legal fraternity. Be it the 'drama' in court by Sr. Advocate Shanti Bhushan to the guilty verdict against Justice Soumitra Sen. The last week (rather fortnight) saw the release of SPS Rathore from jail after the Supreme Court granted him bail in the Ruchika Girhotra case.

In other news, the week was dominated by the 2G scam and the antics of A.Raja and the DMK. Raja finally resigned, very reluctantly though, and Kapil Sibal has taken his place as the new Telecom Minister.

The Top News of the Week is as under;

Naik Paranjpe secures relief for Big Boss

Delhi HC issues notices to Centre and Delhi Government to prosecute Arundhati Roy

2G Spectrum Scam : SC directs Union Government to file affidavit

Government may introduce Judicial Standards and Accountability Bill, 2010

Supreme Court asks Vodafone to deposit Rs.2,500 crore

Set up Armed Forces Grievances Redressal Commission : Supreme Court

Government introduces another version of Enemy Property Amendment Bill in Lok Sabha

Delhi HC seeks reponse from the Centre on appointment of CMDs of BSNL and MTNL

Delhi High Court directs government to consult with DLSA to consider release of inmates unable to pay surety amount despite bail being granted 

SPS Rathore gets Bail from Supreme Court

Won't Say Sorry : Shanti Bhushan to Supreme Court

Ramalinga Raju & 5 others Surrender before Trial Court

Justice Soumitra Sen Guilty : Rajya Sabha Inquiry Committee

Supreme Court upholds conviction of Monica Bedi in a fake passport case

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