Legal Circles

* RAJ CM GETS NOTICE FROM HC FOR CONTEMPT OF COURTS !

Recently Ashok Gehlot, the chief minister of Rajasthan who certainly is not a novice to politics or state governance, came down hammer and tongs on the entire judiciary of the country. To say the least, this is highly contemtuous and therefore, condemnable.

Going by the media reports, addressing a private event in Jaipur on August 30, Gehlot alleged that corruption had seeped so deep into the judicial system that " many lawyers write judgements and take them to courts, and the same judgements are delivered, be it lower or upper judiciary."

Considering the fact that Ashok Gehlot is not only the chief minister of Rajasthan but also a long time and faithful lieutenant of Congress, the pocket burrough of Sonia family, it is but natural for him to rush to the rescue of all ' out on bail ' Sonia and her family members ! And what better could be the way to get an applause from his ' masters' than blaming the judiciary which is refusing to dance to the tune of these masters!

The attacks on the courts and judiciary in general have been a part of the ' new' strategy of the Opposition to brow - beat the legal system. The corrupt, divisive and criminal elements among political parties are certainly fighting the battle of survival as the 2024 general elections are fast approaching. These elements are in their frantic efforts to send out a message to the people that all is not well the present government, do not hesitate to cross the limits of decency and political decorum.

This is the reason why a particular political leader terms the strong action against Jehadis as political vendetta while another of the same hue cries hoarse against the investigation agencies such as, CBI, ED, IT etc. One just out of jail political 'leader' mocks all and sundry decisions of the central government while another heavy weight who enjoyed the gubernatorial post in the recent past from the NDA government and now facing the ED-CBI probe for corruption is spitting venom not only against the prime minister alone but against the apolitical dignitaries such as the President and Vice President of India.In short, there is a mad race to overtake each other in this dirty game, called' blame all. '

Hope, the Rajasthan high court will take severely punish Gehlot for his defamatory and contemtuous utterances and show him his 'Aukaat' by allowing the contempt of the court proceedings under the Contempt of the Courts Act, 1971. However, this should be only a beginning and not the end!

* 'LAXMAN REKHA' PROPOSED FOR UNDER TRIALS IN ODISHA

As a possible solution to the over crowded prisions, the Director General of Police (Prisons) in Odisha, Manoj Kumar Chhabra has come out with a novel idea of house arrest of the undertrials. Akin to the Laxman Rekha of Ramayan fame, the undertrials will have to wear a small GPS device on their ankle. The device will have computerised limit fixed for the movements of a prisoner. If he crosses the periphery the police will be alerted.

Already, under Section 41-A Cr.PC an accused is required to be served a notice by the police seeking his explanation on the charges leveled against him by the complainant if the

charges attract the punishment up to seven years. The most of the offences committed fall under this category.

According to the DGP, the cost of the device will be between Rs.10,000-15,000 which should be purchased by the accused in lieu of the bail amount.

* MINOR INJURY NO DEFENCE IN SECTION 307 IPC: SC

A division bench comprising Justice Bela M. Trivedi and Justice Dipankar Dutta of the Supreme Court has recently held in a case of attempt to murder that causing minor injury to the victim cannot be a ground to acquit an accused.

In the case on hand, the accused had attempted an attack on the head of the victim with a Gupti, but he missed the target and injured the victim on his shoulder with bruises.

* UNCITRAL INTERNATIONAL FORUM

The Bar Association of India in association with UNCITRAL RCAP will organise the 3rd Incheon Law & Business Forum (ILBF) themed “From Documents to Data: Legal and Commercial Solutions for Digital Trade." The event will be held on 11 – 12 September 2023 at Incheon Songdo, Republic of Korea. The Forum is co-hosted by the Ministry of Justice of the Republic of Korea, Incheon Metropolitan City, Korea Legislation Research Institute and other partners. 

* ADHAR NOT NECESSARY FOR PATTA PASSBOOK: TS-HC

In a judgement of far reaching consequences, Justice Surepally Nanda of Telangana High Court on August 30 has held that for the issue of Patta Passbook the concerned revenue officers should not insist on the Adhar Card from the petitioner.

The petitioner Amina Begum had applied for the issue of the Patta Passbook with regard to her 6.02 acres of land, but the concerned revenue officers had turned down her application stating that as she had not produced her Adhar Card the Patta Passbook cannot be issued. The court directed to issue within two weeks the Patta Passbook to the petitioner.

* TS - HC SWITCHES OVER TO HYBRID MODE FOR COURT HEARING

According to a notification issued by the Telangana High Court, with effect from September 1, it will work in the hybrid mode. With this, now the Advocates practising in the High Court will have an option either to address the court in a physical mode or virtual mode.