Maintain Judicial Discipline : Supreme Court to High Courts

Source : Indlaw.com

The Supreme Court has issued stern warning to the High Courts in the country not to try to override its orders. 

A bench, comprising Justices Markandey Katju and Gyan Sudha Misra, taking serious note of the increasing incidents of the High Courts violating the principle of judicial discipline has said, 'Judicial discipline requires that the High Courts should not try to override orders passed by this court.' 'Such defiant attitude of the High Courts will not be tolerated by this court.' The apex court has sought an explanation from the Madras High Court asking how and why stay order was granted by it despite the apex court order dated May 14, 2010 vide which the petition of the petitioner was dismissed. 

It also issued contempt of court notice to the commissioner, corporation of Chennai holding that the commissioner was hand-in-gloves with the petitioner and it is for this reason that he passed the collusive and contemptuous order dated June 18, 2010 that the suit premises need not to be demolished, just to get over the orders of the Supreme Court. 

The apex court has directed an immediate eviction of the tenant D M Belgamvala saying that if anyone tries to obstruct this order he will definitely be sent to jail. 

The court has ordered the eviction of the tenant since the building was 100-year-old and needed demolition. The tenant, however, got an order from the Chennai corporation commissioner, revoking his earlier order saying that building need not be demolished. 

The High Court stayed the eviction despite the Supreme court order vide which eviction had already been ordered.

Supreme Court : Illicit relationship of married man is cruelty to his wife

Source : Indlaw.com

The Supreme Court has ruled that an illicit relationship of a married man with another woman amounts to cruelty to his wife. 

A bench, comprising Justices Harjeet Singh Bedi and R M Lodha, while dismissing appeal of Laxman Ram Mane from Raigarh district of Maharashtra, whose wife had committed suicide after being subjected to beating and humiliation by him when she objected to an illicit relationship, noted, 'We are of the opinion that an illicit relationship of a married man with another woman would clearly amount to cruelty within the meaning of Section 498-A of the IPC.'

Katju Slams Allahabad HC Judges for Nepotism & Corruption

Justice Katju

Outspoken Justice Markandey Katju of the Supreme Court was at his best when he slammed the Judges of the Allahabad High Court for corruption and lack of integrity. While dealing with an SLP regarding a single judge's direction to the Uttar Pradesh Sunni Central Waqf Board to allot waqf land to Raja Khan for running a circus and swings in the Bahraich district of Uttar Pradesh. The Bench observed;

The faith of the common man in the country is shaken to the core by such shocking and outrageous orders such as the kind which have been passed by the Single Judge. We are sorry to say but a lot of complaints are coming against certain Judges of the Allahabad High Court relating to their integrity. Some Judges have their kith and kin practising in the same Court, and within a few years of starting practice the sons or relations of the Judge become multi-millionaires, have huge bank balances, luxurious cars, huge houses and are enjoying a luxurious life. This is a far cry from the days when the sons and other relatives of Judges could derive no benefit from their relationship and had to struggle at the bar like any other lawyer.

We do not mean to say that all lawyers who have close relations as Judges of the High Court are misusing that relationship. Some are scrupulously taking care that no one should lift a finger on this account. However, others are shamelessly taking advantage of this relationship. There are other serious complaints also against some Judges of the High Court.

The Allahabad High Court really needs some house cleaning (both Allahabad and Lucknow Bench), and we request Hon'ble the Chief Justice of the High Court to do the needful, even if he has to take some strong measures, including recommending transfers of the incorrigibles. We entirely agree with the view taken by the Learned Division Bench in the impugned judgment. In view of the foregoing, we find no merit in this petition which is accordingly dismissed.

Find a copy of the order here.

Justice V.B. Gupta Retires

Justice V.B. Gupta of the Delhi High Court bid farewell amidst a Full court reference this week. Justice Gupta, was born on November 25th, 1948. After completing his schooling, he pursued Four year’s specialized Diploma Course in Hotel Management from Institute of Hotel Management, Pusa, Delhi. After working for few months in leading hotels of India, he left this profession. He completed his graduation from Delhi University and later on obtained LL.B. Degree from Delhi University in 1972 and was enrolled as an Advocate on 09.10.1972. 

After practicing at Bar in Delhi for few months, he qualified for Delhi Judicial Service and was appointed as Sub-Judge on 01.02.1973. After a tenure of five years as Sub-Judge, was appointed as Metropolitan Magistrate dealing with Economic Offence Cases pertaining to Essential Commodities Act, Income-tax Act and Prevention of Food Adulteration Act. Thereafter, he worked as Addl. Rent Controller and Presiding Officer, Motor Accident Claims Tribunal (MACT). 

In 1991, he was promoted to Delhi Higher Judicial Service and was posted as Additional Chief Metropolitan Magistrate, dealing with Economic Offence Cases under the Companies Act and Income-tax Act.

In 1992, was appointed as Special Judge, CBI and remained as Special Judge for about eight years. During this period, he dealt with corruption cases against public servants. 

In 1996, while working as Special Judge (CBI) was appointed by name by Hon’ble Supreme Court of India to deal with “Jain Hawala” cases, exclusively. Later on, worked as Matrimonial Judge for a period of one and a half year, simultaneously, holding the additional charge of Director, Judicial Officers’ Training Programme. 

He was instrumental in establishing Delhi Judicial Academy at Karkardooma Court, Delhi and in February, 2002 was appointed as its first Director. During his tenure as Director, he developed various type of courses for Judicial Officers and carried out training programmes for them. He also started Journal of Delhi Judicial Academy and was its first Editor. In November, 2003, the then Hon’ble Chief Justice appointed him as Registrar General of this Court, where he continued till October, 2005.

In February, 2006, he was posted as Judge Incharge, Karkardooma Courts, Delhi. In July, 2006 was appointed as District & Sessions Judge, Delhi.

On 09.01.2007, was elevated to High Court of Delhi, as an Additional Judge and was made Permanent Judge of this Court on 01.09.2008. Retired on 24.11.2010.

Very interestingly, in a 2007 case, he found the order of a Sessions Court Judge amounting to contempt of court, and said as much in his order. The Sessions Judge had issued a warrant of arrest against an accused meant specifically for absconders, although the accused's bail application was pending. So angered was Justice Gupta by this order that he ordered the sessions judge to go back to law school.

"Since Mr R K Tewari does not have even elementary knowledge of the Code of Criminal Procedure, under these circumstances it would be appropriate if he undergoes a refresher course at the Delhi Judicial Academy in criminal law and procedure for three months. Director, Delhi Judicial Academy, should submit to this court the performance report with regard to this judicial officer," said Justice Gupta's order. However, contempt proceedings were not actually filed against the sessions judge.

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