Prefer fast-track courts to bulldozers!

Hyderabad: The desecration of temple idols today and communal violence tomorrow, has become a regular menace nowadays. The State machinery in its anxiety to deliver ‘quick’ justice reacts in a manner which is not only against the Constitution, but also against the criminal laws made there under. Bulldozer justice may sound good to a common man, particularly the victims of the violence, but it is certainly not palatable to logic. In fact, such reaction from the responsible State machinery is unwarranted because it is not legal.

The Supreme Court too, has deprecated such high-handedness by the State machinery which is supposed to adhere to the rule of law principle.

On the other hand, it is equally true that showing any kind of lethargy to a situation which deserves to be handled firmly with utmost urgency, will be sending a wrong message to people about the willingness and capability of the government of the day to tackle such burning situation. In any society, whether run in a democratic manner or otherwise, no government can afford to invite the wrath of people for long delays in reacting to the very sensitive issues such as communal violence and acts of incitement and vandalism.

It is true that we have over five crore cases backlog in the subordinate courts, besides a few lakh cases in the high courts and the Supreme Court. Besides, there are tribunals and revenue courts wherein also several crore cases are pending. In short, heavy backlog of cases at different levels causes inordinate delay in delivering justice. Hence, the pressing need for the effective time-bound solution should get top priority.

The quick solution to this problem is obviously the establishment of what is known as the Fast Track Courts throughout the country. Very serious nature cases such as desecration of idols and places of worship, vandalism, communal violence-related offences, including inciting communal violence and making or doing in any manner whatsoever the things which may hurt religious feelings, offences of arson, murder, causing grave injury, acts and statements against the national interests, unity and integrity should be tried by the Fast Track Courts in a time-bound manner. There is no dirth of qualified manpower to preside over such courts. The investigation of FTC offences should be given top-most priority. For this, the State should equip the police force with necessary additional manpower and wherewithal. Further, to cut short the judicial delay in giving the finality to the FTC, court’s judgments time limits for disposal of appeals, petitions including mercy petitions should be fixed and the same should be followed unscrupulously. And it is not unachievable. The bulldozer which aims at rendering quick justice, can lawfully be achieved by the Fast Track Courts.

JUSTICE SANJIV

KHANNA TO BE NEXT CJI

After his retirement on November 8, Chief Justice of India Dr D Y Chandrachud, the next senior - most judge in the Supreme Court, Justice Sanjiv Khanna, will assume the coveted post of the CJI. A notification of his appointment was issued by the President on October 24. Earlier, keeping in tune with the tradition, Dr Chandrachud had formally proposed the name of Justice Khanna as his successor.

Justice Khanna will take the oath of office on November 11. He will demit office on May 13, 2025 on attaining the age of superannuation, 65.

SC OVERTURNS SEVEN-JUDGE VERDICT ON INDUSTRIAL ALCOHOL

In a significant judgment, a nine-judge constitution bench of the Supreme Court held that the States have the power to regulate denatured spirits or industrial alcohol.

The larger bench verdict, however, was not unanimous. It was a majority judgment of eight judges. Justice B. V Nagarathna delivered a dissenting judgment. The verdict was delivered on October 23 by the bench comprising CJI Dr Chandrachud and Justices Hrishikesh Roy, Abhay S.Oka, J B Pardiwala, Manoj Mishra, Ujjal Bhuyan, Satish Chandra Sharma, Augustine George Masih and Nagarathna. The earlier seven-judge judgment in Synthetics and Chemicals Ltd. Vs. State of Uttar Pradesh was the bone of contention.

The main issue involved in the case was the interpretation of the term, intoxicating liquor under Entry 8 of List II , State list, of the VII Schedule.

HYDERABAD COURT RESTRAINS STATE MINISTER FROM MAKING DEFAMATORY STATEMENTS

A local court in Nampally has issued an interim injunction restraining Telangana minister Konda Surekha from making further defamatory comments maligning the reputation of the BRS working president K T Rama Rao. Rao has filed a defamation case against Surekha.

JUDGES APPOINTED FOR AP AND BOMBAY HCs

By a presidential order issued on October 24 , three advocates have been appointed as Additional Judges for the Andhra Pradesh High Court. They are Maheswara Rao Kumcheam alias Kuncham, Thoota Chandra Dhana Sekar alias TCD Sekhar and Challa Gunaranjan.

By another notification dated October 23, Nivedita Prakash Mehta, Prafulla Surendra Kumar Khubalkar, Aswin Damodar Bobde, Rohit Wasudeo Joshi Adwait Mahendra Sethna have been appointed as the Additional Judges for the Bombay High Court.

ROW OVER NEW EMBLEM AND STATUE OF LADY JUSTICE

The epoch-making act of devising new emblem of the Supreme Court and installation of the statue of Lady Justice without the traditional blindfold, sword in one hand and the western attire, allegedly without consulting the SC Bar Association has ignited dissent from the bar.

While an overwhelming majority of the legal fraternity in the country seems to have welcomed the changes as a major step towards eschewing the colonial traditions, the SCBA has registered its dissent through a resolution stating that the association too, as a stakeholder and the apex court ought to have taken it into confidence before introducing the far reaching changes. It expressed concern over converting the old judges library into a museum despite the demand of the association to make it a lounge -cum- cafeteria.