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20 judges per 10 lakh population is alarmingly low: Chief Justice

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Chief Justice of India (CJI) N.V. Ramana on Saturday said it is only the judicial process that is adversarial, and not the judges or their judgments, and also pointed out that 20 judges per 10 lakh population was alarmingly low.

The CJI emphasized that policy making is not the court’s domain, but if a citizen moves, the courts cannot say no.

He made the remarks while addressing the 11th joint conference of Chief Ministers and Chief Justices.

“Please be generous in creating more posts and filling the same, so that our judge-to-population ratio is comparable to advanced democracies. As per sanctioned strength, we have just around 20 judges per 10 lakh population, which is alarmingly low,” he said.

The conference was attended by Prime Minister Narendra Modi, Union Law Minister Kiren Rijiju, Minister of State S.P. Baghel, Supreme Court judges, High Court Chief Justices and Chief Ministers.

CJI Ramana said that as of today, out of 1,104 sanctioned posts of high court judges, there are 388 vacancies, and out of 180 recommendations, 126 appointments have been made for various High Court.

He added that 50 proposals are still awaiting approval by the Centre and the High Court have sent around 100 names to the Union government, which are yet to reach the apex court.

“When we last met in 2016, the sanctioned strength of judicial officers in the country was 20,811. Now, it is 24,112, which is an increase of 16 per cent in six years. On the other hand, in the corresponding period, pendency in district courts has gone up from 2 crore 65 lakhs to 4 crore 11 lakhs, which is an increase of 54.64 per cent. This data shows how inadequate the increase in the sanctioned strength is,” the CJI said.

He pointed out that decisions of the courts were not implemented by the government for years, which resulted in contempt petitions, which is a new category of burden.

He added that deliberate inactions by the governments, despite judicial pronouncements, are not good for the health of democracy.

“Please remember, it is only the judicial process that is adversarial. Not the judges or their judgments. We are merely discharging our constitutionally assigned role. Judgments are meant for delivering justice and should be seen as such.

“While discharging our duties, we all must be mindful of the ‘Lakshman Rekha’. The judiciary would never come in the way of governance, if it is in accordance with law. We share your anxiety and concern regarding the welfare of the people.

“The judiciary is also confronted with the issue of the executive willingly transferring the burden of decision making to it. Although policy making is not our domain, but, if a citizen comes to the court with a prayer to address his grievance, the courts cannot say no,” the CJI further said.

Justice Ramana further stressed that the 140-crore population of the country is bound to test its judiciary, and no other constitutional court in the world hears such a wide range of issues in such large numbers.

Citing factors for docket explosion in India, the CJI said: “If a tehsildar acts upon a grievance of a farmer regarding land survey, or a ration card, the farmer would not think of approaching the court. If a municipal authority or a gram panchayat discharges its duties properly, the citizens need not look to courts.”

He further added that if revenue authorities acquire land through due process of law, the courts would not be burdened by land disputes and these cases account for 66 per cent of the pendency.

Justice Ramana said if police investigations are fair, if illegal arrests and custodial torture come to an end, then no victim will have to approach the courts.

He said it is beyond his understanding as to why intra and inter departmental disputes of the government or fights between PSUs and the government end up in courts.

“Abiding by law and the constitution, is the key to good governance. However, this is often ignored, and opinions of legal departments are not sought in the rush to implement executive decisions,” the CJI said, adding that lack of special prosecutors and standing counsels is one of the major issues that needs to be addressed.

Crime

FIR lodged, 2 arrested after RJD claims poll code violation in Bihar’s Motihari

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Patna, Nov 11: Amid brisk voting for the second and final phase of Assembly elections in Bihar, the Election Commission of India (ECI) on Tuesday lodged an FIR against certain individuals over “circulation and distribution” of voter slips inside a polling booth in Motihari district.

Two people have been arrested for violating the model code of conduct, the poll panel said.

The matter came to light after the Rashtriya Janata Dal (RJD) flagged “flagrant violation” of electoral guidelines, allegedly by the polling agent of the BJP candidate in booth numbers 229 and 230 of Motihari Assembly.

Accusing the BJP candidate of a forced election campaign on the day of voting, the RJD, on its X handle, shared pictures and videos of voter slips being displayed in the open, with alleged intent to sway voters.

“In booth numbers 229, 230 of Motihari Assembly, voters are being deliberately shown photos and slips with election symbols inside the booth and distributed by the BJP polling agent! Similar complaints are being received from all booths in Motihari,” the party said in the post.

It also slammed the Election Commission for failing to act against violations of the model code of conduct, adding that the distribution of such voter slips with photos of candidates was not immoral but also grossly illegal.

The voter slips, allegedly distributed by the BJP polling agents to electors, reportedly carried pictures of the NDA candidate along with Prime Minister Narendra Modi, and also an appeal to elect the Nitish-led government again.

The ECI was quick to take cognisance of the incident and informed that a case was lodged against the violators, leading to the arrest of two individuals.

Meanwhile, the second phase of polling started on a brisk note this morning as people, including women, gathered in large numbers to cast their vote in multiple constituencies.

Good voter turnout was recorded in the morning, with more than 14 per cent of voters casting their ballot till 9 a.m.

The constituencies, which saw the highest voter turnout, included Araria (15.34 per cent), Arwal (14.95 per cent), Aurangabad (15.43 per cent), Banka (15.14 per cent), while others like Kaimur, Katihar and Nawada recorded over 13 per cent polling till 9 a.m.

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Playing against India in India is never easy: Ganguly feels upcoming series will be tough for SA

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New Delhi, Nov 11: Former India captain Sourav Ganguly believes that the upcoming two-Test series will pose a tough challenge for reigning World Test Champions South Africa, noting that “playing against India in India is never easy, as they are a very strong side in subcontinent conditions.”

The two teams are set to face each other in a multi-format series, which will see Gill and Co. host the Proteas for two Tests and three ODIs. Then, Surykumar Yadav-led side will engage in five T20Is against the Proteas men.

The first Test will be played in Kolkata’s iconic Eden Gardens, home of Ganguly, who is also the President of the Cricket Association of Bengal (CAB).

“The first Test starts in Kolkata in a few days, and it’s going to be a tough tour for South Africa. Playing against India in India is never easy. India is a very strong side in the subcontinent, and they are a strong team even overseas these days. I’m really looking forward to the Test at Eden Gardens. South Africa is a good side, so it should be a high-quality contest,” Ganguly said on JioStar.

India pacer Mohammed Siraj also shared his thoughts ahead of the Test series, saying, “This series is crucial for the new WTC cycle, especially since South Africa is the defending champion. While they drew 1-1 with Pakistan, we’re confident based on our own good form, having created a positive environment and performed well in England, and having won against the West Indies.”

“Personally, I’m bowling with good rhythm and looking to make the most of it. Facing strong teams helps identify areas to improve, and I’m really excited for this challenge,” he added.

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Pune APMC Seeks ₹17.94 Crore Stamp Duty Waiver After Controversial Land Deal Linked To Deputy CM Ajit Pawar’s Family

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Mumbai: Even before the controversy over the waiver of stamp duty worth Rs 21 crore in a Rs 300 crore Pune land deal involving Deputy CM Ajit Pawar’s family has cooled, another case is waiting in the wings — this time for a hefty Rs 17.94 crore waiver sought by the Pune Agriculture Produce Market Committee (APMC).

The APMC, which has long been under the influence of Pawar through its board of directors, has sought exemption from paying stamp duty for registering the sale deed of a 99.27-acre land parcel purchased from the Yashwant Cooperative Sugar Mill near Pune. The sugar mill was declared a sick unit nearly two decades ago. What raises eyebrows is the price — the APMC purchased the land for Rs 299 crore, even though several auction attempts had failed earlier when the highest bid hovered around Rs 120 crore.

The state government, in September, cleared the sale of land by the sugar mill, but notably refrained from approving the APMC’s purchase proposal. Records show that the APMC had first sought approval for the purchase in December last year from the director of the state marketing department. The director, after forwarding the proposal to Mantralaya, was told by the government to decide as per existing policies and legal provisions. Eventually, the director gave his go-ahead, enabling the APMC to proceed with the purchase.

The APMC is expected to take a bank loan for the transaction even though it already holds deposits of Rs 135 crore. After receiving the director’s nod, the APMC made a formal representation to Deputy CM Pawar last month seeking a waiver of Rs 17.94 crore in stamp duty — a request directed to the Revenue Department headed by BJP’s Chandrashekhar Bawankule. The Free Press Journal has a copy of this representation. As per established rules, the authority to grant a stamp duty waiver lies exclusively with the state cabinet — not with any minister or bureaucrat.

Whether the Devendra Fadnavis-led government approves this waiver, especially after the earlier Mundhwa land deal worth over Rs 2,000 crore drew sharp scrutiny, will be closely watched in the coming days.

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