National News
20 judges per 10 lakh population is alarmingly low: Chief Justice
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.
National News
Ambedkar row: Lalu Prasad seeks HM Shah’s resignation
Patna, Dec 19: Lalu Prasad Yadav, the National President of the Rashtriya Janata Dal (RJD), has sharply criticised Union Home Minister Amit Shah over a recent statement concerning Dr. BR Ambedkar.
During an interaction with the media in Patna, Lalu Yadav accused HM and the Bharatiya Janata Party (BJP) of harbouring animosity toward Dr. Ambedkar, a key architect of the Indian Constitution and a symbol of social justice.
Expressing his strong disapproval, Lalu Yadav stated: “Amit Shah and BJP leaders have hatred for Dr. Bhim Rao Ambedkar. The statement of Amit Shah is an example of this. I strongly condemn his statement. He should resign from the post and leave politics.”
Earlier on Wednesday, Yadav accused the BJP and its ideological affiliates of consistently disrespecting Dr Ambedkar and his legacy.
In a scathing statement, Yadav said, “The genetic children of Golwalkar have always disrespected our idol, Babasaheb Bhim Rao Ambedkar. Followers of the book ‘Bunch of Thoughts’ can never truly embrace the ideas of Dr. Ambedkar, the architect of our Constitution. Their hatred for him is evident not only in their words but also in their body language.”
He went further to allege that BJP leaders harbour deep-rooted biases.
“Social inequality, untouchability, discrimination, and hatred towards Dalits and marginalised communities are ingrained in the blood of Sanghi BJP leaders. Their disdain for the Constitution and its principles is clear. “True followers of Baba Saheb Ambedkar do not associate with the BJP. Anyone who supports the BJP after such insults to Ambedkar is effectively endorsing and worshiping Golwalkar’s ideology and has become a staunch bootlicker of BJP leaders,” Yadav said.
Following the statement of Lalu Prasad Yadav, the leaders from the ruling alliance, including the JD(U) and BJP, have voiced strong objections to his comments, dismissing them as baseless and questioning his credibility.
Neeraj Kumar, JD(U) MLC criticised Lalu Prasad Yadav’s remarks, stating, “He lacks credibility as the Election Commission has declared him ineligible to contest elections. The public no longer takes Lalu’s statements seriously. Lalu Prasad should answer why a memorial for Ambedkar has not been established, while one exists for Sanjay Gandhi. Lalu’s family amassed assets worth ₹478 crore in Patna and now they are doing hypocrisy.”
BJP leader Arvind Kumar Singh defended HM Amit Shah, asserting that his statements exposed the Opposition’s historical sidelining of Dr. Ambedkar, causing discomfort among them.
Crime
RG Kar rape-murder: Victim’s parents approach Calcutta HC seeking fresh probe
Kolkata, Dec 19: Not satisfied with the current course of investigation by the Central Bureau of Investigation (CBI) in the ghastly rape and murder of a junior doctor of R.G. Kar Medical College & Hospital in Kolkata in August this year, the parents of the victim on Thursday approached the Calcutta High Court seeking a court direction for initiating a fresh probe into the matter.
The victim’s parents have claimed that they do not have any faith in the course of the current investigation by the central agency in the matter and hence they want a fresh investigation from the beginning in the matter.
The parents have moved the single-judge Bench of Justice Tirthankar Ghosh with their petition in the matter.
Justice Ghosh has admitted the petition and the matter might come up for hearing next week.
According to the parents, since the trial process in the matter has already started and the statements of the witnesses are being recorded, unless the Calcutta High Court intervenes in the matter right now, there might be possibilities of the probe going in the wrong direction.
Since the time a special court in Kolkata last week granted “default bail” to two individuals accused of tampering with the evidence since the CBI was unable to file a supplementary charge sheet against them within 90 days from the day of their arrest, the victim’s parents as well as the representatives of the state’s medical fraternity had been accusing the CBI of gross incompetence in the matter.
Those two accused persons were the former principal of R.G. Kar Sandip Ghosh and the former SHO of Tala Police Station Abhijit Mondal. Ghosh is still behind bars because of the pending parallel probe by the CBI against him in the case of financial irregularities at R.G. Kar, while Mondal is already out on bail.
The CBI so far has filed only one charge sheet in the case were civic volunteer Sanjay Roy had been identified as the “sole prime accused” in the rape and murder.
Recently, the victim’s parents have also changed their counsel representing them at the Supreme Court of India.
West Bengal Junior Doctors’ Front, an umbrella of the body of the junior doctors in the state spearheading the movement on this issue, has already threatened to resume their protests which they withdrew earlier keeping the larger public interest in mind.
National News
BJP MP alleges Rahul Gandhi pushed him, LoP dismisses claim
New Delhi, Dec 19: A heated confrontation unfolded in Parliament premises on Thursday during a protest by Opposition MPs alleging disrespect towards Dr. B.R. Ambedkar. The incident escalated when BJP MP Pratap Sarangi accused Congress leader Rahul Gandhi of pushing an MP, causing a chain reaction that led Sarangi to fall and sustain a head injury.
Sarangi claimed, “Rahul Gandhi pushed an MP, and he collided with me. I fell and hit my head, which is bleeding. The push was initiated by Rahul Gandhi.”
Denying claims of deliberately pushing the BJP leader, Rahul Gandhi told reporters, “It might be recorded in the cameras. BJP MPs were stopping us from entering Parliament. They blocked and threatened us. This is our right to protest.”
The protest was held against Union Home Minister Amit Shah’s recent remarks in the Rajya Sabha, which the Opposition claimed insulted Dr Ambedkar. The Opposition demanded HM Shah’s removal from the Cabinet.
Meanwhile, BJP MPs staged a counter-protest, accusing Congress of disrespecting the Constitution and Dr Ambedkar. Led by BJP MP Anurag Thakur, they raised slogans such as “Congress party maafi maango, Ambedkar ka apmaan nahi sahega Hindustan (Congress must apologise, India will not tolerate the insult to Ambedkar).”
Thakur further criticised the Congress, stating, “The Nehru-Gandhi family has repeatedly disrespected Dr. Ambedkar. Despite being the architect of the Constitution, they worked to defeat him in elections and delayed honouring him with the Bharat Ratna, which was finally awarded by a non-Congress government.”
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