Onerous task before the new CJI

The 46th Chief Justice of India (CJI) Ranjan Gogoi assumed office on October 23 after his predecessor Justice Dipak Misra retired the previous day.

With the changing times, challenges before the courts become harder day by day. While Justice Dipak Misra stood like a colossus facing sternly all odds, the biggest being the impeachment motion, before him, the new incumbent CJI too, is equally a stubborn person. Having had his upbringing in a political family, the CJI also has had his enough share in the ups and downs during his academic life and professional career.

In the aftermath of some landmark judgements delivered by the former CJI at the fag end of his tenure, the new CJI is likely to face a volley of related new or supplementary legal bouts. The forthcoming General Elections in 2019 and Assembly Elections in some States will also put additional burden of litigations on him. Under these circumstances, it remains to be seen how the new CJI tackles such contentious issues and how quickly disposes off the new and old cases. 

It would be of interest to see what plan of action he would unfold and put in practice for the speedy justice delivery system. Being a staunch supporter of the maxim of the Rule of Law, the new CJI also will have to do a balancing act between the freedom of expression granted under the Constitution of India and the reasonable restrictions imposed on such freedom in the Constitution itself. 

The Azadi and Tukde-Tukde gangs with the overt and covert support of leftists, erstwhile Razakars, Naxalites and the opposition bandwagon would leave no stone unturned to bring pressure on the new CJI and indulge in arm-twisting tactics to make him bow to their agenda. Similarly, the BJP led ruling NDA alliance too, would do its best to extract their pound of flesh and secure judicial favours from the new incumbent.  The right-wing ultras in their zeal to bolster electoral victory for the BJP would do their level best, including availing the legal remedies, to achieve this goal.

 Bogus voters list’ referred to HC
A two-member bench of the apex court comprising Justice A K Sikri and Justice Ashok Bhushan advised the petitioners to approach the Hyderabad High Court at once. The petition alleging , inter alia, that there were about 65 lakh bogus voters in the voters’ list for Telangana prepared by the Election Commission and further that due to early finalisation of electoral rolls, as many as 18 lakh youth will not be able to vote as they will attain the age of 18 years by January 1, 2019 was filed by two leaders of the Indian National Congress party. 

While refusing to entertain the petition the Supreme Court requested the Hyderabad High Court to hear the petitioners if they moved their pleas on October 5, and decide the matter before October 8 in view of urgency. The Election Commission brought to the notice of the court that the plea of the petitioners has already been rejected by the Hyderabad High Court.

However, in view of this latest development, the clouds of uncertainty about holding of Assembly elections have thickened.

Kulbhushan Jadhav case
The International Court of Justice (ICJ) will hold public hearing of Kulbhushan Jadhav’s case from February 18 to 21 next year at its premises in Hague.

The hearing would be in two rounds of oral arguments by India as well as Pakistan spread over four days. Kulbhushan Sudhir Jadhav, an ex- Indian naval Officer doing business in Iran was picked up from Balochistan province by the Pakistan authorities on charges of terrorism and spying for India’s intelligence agency, the Research and Analysis Wing (RAW) and sentenced to death by a Field General Court Martial on April 10, 2017 by Pakistan. On May 18, 2017 his execution was stayed by an unanimous verdict by the judges of the ICJ pending the final judgement.

This case has attracted huge focus from the comity of nations. For India, it is not only the question of saving life of an Indian facing death row in apparently hostile country, Pakistan, but it is an opportunity to expose the real face of Pakistan that it is a country where human rights are violated in a blatant manner and just to paint India as a country planting spies, innocent Indian citizens are falsely implicated in espionage cases. The public hearing of the case would also offer the world community an opportunity to know the rogue nature of Pakistan who besides indulging in crossing the LoC with India frequently also engages in kidnapping Indian fishermen along with their boats.

Doctors fined for ‘poor’ handwriting
Doctors beware! Your poor handwriting may make you liable for a fine and reprimand by the Court. The Lucknow bench of Allahabad High Court has recently fined three doctors for writing medico-legal reports shabbily and directed the persons in the higher echelon of administration to ensure that henceforth doctors write medico-legal reports legibly and clearly in simple language without using abbreviation.

A bench of Justice Ajai Lamba and Justice Harkauli said, “ The doctors have been scribing medico-legal report, injury report, bed head tickets, prescriptions and post-mortem examination reports in such handwriting that it can not be read by the prosecutor, the defence lawyer or the Court. We are faced with a situation in which when the medico-legal report was summoned, Counsels for none of the parties or the Court could read the report on account of the way it was written.” Going on, the Court observed, “ The judicial system is facing serious problems because ocular testimony is given only by interested witnesses. 

By: Dr H C Upadhyay