Maharashtra
Mumbai: ‘There Is Constant Tussle About Controlling Appointment Of Judges,’ CJI Chandrachud
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The tussle between the judiciary and the government over the appointment of judges was once again apparent on Friday when Chief Justice of India (CJI) DY Chandrachud breached the topic during the inauguration of the new premises of the Central Administrative Tribunal (CAT) bench in Mumbai.
CJI said that there is a constant tussle about who will control the appointment of judges even as the vacancies arise, and the recommendations are kept pending for a long period of time.
Importance of tribunals
Emphasizing the importance of tribunals in the country, CJI said one of its objectives is to battle the delays and help unclog the courts and aid overall in the dispensation of justice.
The tribunals, however, are plagued with problems, and we ask ourselves whether it is really necessary to constitute so many tribunals, the CJI said. “Because you do not get judges, when you get judges, vacancies arise which are kept pending for a long period of time…and then there is this constant tussle about who will get ultimate control over the appointment of judges,” CJI added.
Appreciating the work culture in Maharashtra, CJI said: “There is a culture of governance where the government successfully has left the judiciary alone. They do not tinker with the work the judges do. They accept outcomes that are favorable…they accept outcomes that are unfavorable because that is the culture of Maharashtra.”
The struggle to acquire space in the city
Highlighting the struggle to acquire space in the city, CJI said that every Mumbaikar would testify to the troubles of securing a space. “Very often we forget the importance of the work that the government does in aiding and supporting the judicial infrastructure,” he said, adding that the government played a proactive role in allotting a place for a new high court complex.
The CJI, who has been vocal for inclusivity, said that to make justice accessible to all, it is necessary to make courtrooms more accessible to differently-abled persons. He added that technology cannot become the sole medium to access justice, and physical access to courts can never be understated and hence must be constantly improved.
Stressing the importance of tribunals, CJI said that it has also helped litigants. “A rightful but weary pensioner or a wrongly terminated single mother may not withstand a long and winded litigation as well as outlast her much more powerful opponent, usually the State, in a long-winded legal tussle,” the CJI said. The tribunals make this journey less onerous for the litigants in matters of public employment.
Infrastructural gaps in the judiciary
A report prepared by the Centre for Research and Planning highlights the infrastructural gaps in the judiciary. “The report found that for a sanctioned strength of 25,081 judges in the district judiciary, there is a shortage of 4051 courtrooms. Notably, 42.9 percent of the total courtrooms have been under construction in the last three years,” CJI said.
He said that there are many barriers that stand in the way of access to justice for many, and the inability to get a timely outcome may impact each person differently. At a certain level, we feel that delay impacts everybody equally, but that is not so, the CJI said, adding it has a disparate impact on everyone.
Giving examples of lactating mothers and a person in a wheelchair, CJI said: “It is no answer to a wheel-chair bound person, a senior citizen, or a lactating mother for our courts to tell them that our courts are better experienced online. The litigant alone must have the choice of how they want to access the courts.”
Democracy in India
While speaking at the Jamnalal Bajaj Awards, CJI said that India has been able to sustain democracy, unlike several other nations that acquired freedom around the same time as India did.
“75 years ago several nations across the world joined India in freeing from colonial rule but so many of these nations have fallen by the wayside. They attained independence but they were unable to attain true self-governance,” said CJI. India is unique because we have been able to sustain democracy. “What is it that sets us apart from several of those nations that attained freedom around the same time? Some say we have internalized democracy, constitutional values. Others will say the strength of our nation lies in its pluralistic culture, all-encompassing humanity,” CJI added.
He underscored that the power of violence, the power of guns has got better of the rule of law in other nations. However, India has survived because of our “ability to dialogue.”
Maharashtra
Maharashtra: Relief For Marathwada As Jayakwadi Dam Reaches Full Capacity, Lakes Supplying Water To Mumbai Cross 98% Mark Amid Heavy Rainfall
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Mumbai: In a major relief to the drought-prone Marathwada region, the Jayakwadi dam reached 100 per cent water storage on Saturday, September 7. The dam, located in Paithan, Chhatrapati Sambhajinagar (Aurangabad) is a major water supplier for Marathwada. Jayakwadi dam on the same day last year had mere 32.60 per cent water storage, according to the data by the Maharashtra Water Resources (WRS) Department.
What State Water Resources Data Says
Amid heavy rainfall this monsoon, all 2,997 dams in Maharashtra (including major and minor) have reached total of 83.15 per cent water levels, which is almost 20 per cent more than last year, the WRS data says.
If only major 138 dams are considered, which cover all regions- Konkan (including Mumbai), Pune, Nashik, Nagpur, Amravati and Chhatrapati Sambjajinagar (Marathwada), the total water storage as of Saturday has reached 92.63 per cent. On the same day last year, the water level were mere 70.92 per cent, WRS’ live storage comparison report says.
It is the first time since 2018 that almost all major dams in Maharashtra have reached 100 per cent water storage, indicating that the state may not face severe water shortage up to next monsoon.
Water Level in Mumbai Lakes
Amid heavy rainfall in last few days, the seven reservoirs supplying water to Mumbai have crossed 98 per cent water storage. As of September 6, the water stock in seven lakes including Upper Vaitarna, Middle Vaitarna, Bhatsa, Tansa, Tulsi, Vihar and Modak Sagar was 98.06 per cent. On the same day last year, water stock in these seven lakes was 90.39 per cent.
Rainfall in Maharashtra
Last week, parts of Maharashtra, particularly the Vidharbha and Marathwada regions received intense rainfall. Several districts in Marathwada went under water and lakhs of hectors of crops were damaged. The flood-like situation took 12 lives and thousands of villagers were relocated to safer locations.
This monsoon, Maharashtra has witnessed above normal rainfall, with the state receiving more than 126% of average rainfall from June 1 until last week.
Maharashtra
‘Cannot Say Who Will Be CM After Election’: Devendra Fadnavis Says ‘Authority To Decide Is With Parliamentary Board’
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Mumbai: At a time when the opposition Maha Vikas Aghadi (MVA) is grappling with the issue of its chief ministerial candidate, the picture in the ruling Mahayuti is not different either. Deputy chief minister Devendra Fadnavis said on Friday that while the Mahayuti will contest Assembly elections under Eknath Shinde’s leadership, he cannot say who will be the Chief Minister after the election.
Participating in a conclave organised by a regional news channel, Fadnavis said, the authority (to decide on CM) was with the parliamentary board of our party and the National Democratic Alliance (NDA). There was no dispute among the alliance partners over the chief ministerial face, he added further.
Eknath Shinde is heading the state government and the person who holds the post of Chief Minister leads the election, said Fadnavis adding, the assembly election will be contested under the leadership of Eknath Shinde.
Fadnavis also made it clear that there were no differences among the partners in Mahayuti on the issue of CM. The BJP parliamentary board will take a decision on it after the assembly elections and it will be acceptable to all of us. Eknath Shinde is the head of the state, so we will go before the people under his leadership, Fadnavis reiterated.
When asked about any assurance given to Shinde by the central leadership on the CM’s post after the elections, the reply given by Fadnavis was that if they have any discussion about this, it will come before us after some time and we will decide accordingly.
A Snipe At Uddhav Thackeray And The Reply By Aaditya
Fadnavis took some potshots at his arch political rival Uddhav Thackeray also. If there have been three-four faces in the mind of Sharad Pawar it surely not be that of Uddhav Thackeray, said the Dy CM. He was camping in Delhi for 3-4 days to get his name announced as the CM candidate but nothing was achieved.
Moreover, the Congress senior leader Sonia Gandhi did not allow him to click the picture of the meeting he had with her, Fadnavis claimed. Participating in the same conclave Aaditya Thackeray offered his reply on this. Taking a jibe, the former minister said, if it was not for Uddhav Thackeray, even Fadnavis’s face is not before the Mahayuti leaders as the next CM.
When asked about his reaction Chief Minister Ekanth Shinde said, do your duty and do not worry about the results. I work hard, and don’t think about the outcome. I do not think what I have achieved but rather what the state has received, he said. We are working as a team and will continue to do so, said the CM.
Maharashtra
Mumbai: PIL Filed In Bombay HC Seeking Ban On DJs, Dance, Music, & Laser Lights During Eid Milad-Un-Nabi Processions
![Mumbai: PIL Filed In Bombay HC Seeking Ban On DJs, Dance, Music, & Laser Lights During Eid Milad-Un-Nabi Processions](https://mumbaipress.com/wp-content/uploads/2024/09/Untitled-1-22.jpg)
Mumbai: A public interest litigation (PIL) petition has been filed in the Bombay High Court seeking a ban on use of DJs, dance, music, and laser lights during the upcoming Eid Milad-un-Nabi processions.
About The Plea Filed In The Bombay HC
The PIL filed by four businessmen from Pune – Zuber Peerzade, Siddiqui Alam, Amran Shaikh and Gousemoddin Shaikh – has urged the high court to direct municipal corporations to refrain from granting permission to use DJs, dance, music, and laser lights during the processions.
Neither the holy Quran nor Hadith prescribes the use of DJ sound systems and laser lights for celebrating Eid Milad-un-Nabi, nor did the Prophet himself advocate such forms of celebration, the plea asserts.
The plea, filed through advocate Owais Pechkar, has urged that all religious festivals celebrated in public places must adhere to the provisions of the Noise Pollution Rules, and no religion or sect can claim a fundamental right to use DJs, speakers, or noise-creating instruments as part of their rights under Article 19(1)(a) and 25 of the Constitution of India.
“The petitioners are distressed by the use of DJs and Laser Lights beams during Eid-e-Milad un- Nabi celebration processions, which results in excessive noise pollution, violating regulations and disturbs the practice of a Muslim that affects the morality of Islam and infacts are against the teachings of Prophet Muhammad (SAW),” the plea said.
Point Highlighted By The Plea
It highlights that despite high court directions to the State government, it has failed to control noise pollution during festival celebrations. Further, no grievance redressal mechanism has been created to address complaints regarding the use of DJs and laser lights during festivals on public roads.
No one is entitled to hold religious functions on the streets with loud systems and laser light beams, the plea emphasizes.
“No, one is entitled to claim that holding of religious functions / ceremonies on streets and footways is protected by Article 25 of the Constitution of India. No one has the fundamental right to play loud DJ sound systems and use hazardous laser light beams on a street, public road or footway by obstructing free flow of traffic as it is not an essential part of any religion and in particular of Islam,” the plea reads.
The petitioners made a representation to the authorities raising the issue, however considering that the Eid E Milad is round the corner, they approached the HC.
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