Free Press Journal
  • Piqued Interest Litigation filed by aspiring Supreme Court judge

    The wrangling over the Memorandum of Procedure (MoP) for appointment of  judges seems to be far from over because the Chief Justice of India (CJI) Dipak Misra quashed a two-judge initiative of the apex court to find out why the document was not finalised. A PIL filed by a Delhi lawyer, R.P. Luthra questioned how the…

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  • Anti-people laws are a blot on democracy

    Laws must be enacted for the welfare of a republic—and so it seems they are. Until a closer scrutiny of these laws show them to be anti-people and anti-democracy with the aim of making ministers and all their lackeys, rich. These anti-people laws are drafted by clever IAS officers who state a laudable aim in…

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  • Judicial independence – real or imaginary?

    Citing ‘institutional discipline’, Justice Jayant Patel refused to comment on why he was transferred when probed by reporters. He said he was not willing to shift to Allahabad with his family  just ten months prior to retirement. Justice Patel was the senior most judge of Karnataka high court and resigned rather than meekly accept the…

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  • Government opposes scrapping of evaluation for probationary judges

    The tussle between the government and the judiciary over appointment of judges appears to be far from over because the former has rightly opposed the Supreme Court collegium deciding to scrap the Judgments Evaluation Committee (JEC) set up in the 24 high courts which decided whether an additional judge (temporary judge on probation for two…

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  • When state commits adharma through its A-G

    When adharma overrides dharma, judicial independence is compromised which is what took place when the Maharashtra government alleged that Justice Abhay Oka was biased against it but escaped a charge of contempt of court when advocate-general (A-G) Ashutosh Kumbhakoni tendered an unconditional apology to the judge which he accepted. Kumbhakoni was himself a high court…

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  • Chief Justices dogged by controversies

    Two controversies dogged the judiciary this month which did not make it to the news columns of the major newspapers. The first was that Punjab MP Harinder Singh Khalsa’s  writ petition challenging Justice Dipak Misra’s being sworn in as the 45th chief justice of India (CJI) will become infructuous because there is no doubt that…

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  • Retrogressive judgments need relook

    Judgments by the 24 high courts and the Supreme Court have to uphold Constitutional values which include secularism, sovereignty, socialism, democracy and the thinking of a Republic which means all citizens are equal before the law.  Hence, these judgments which influence our daily lives, have to be based upon the law applicable to facts placed…

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  • Privacy and Aadhaar: Linked yet divorced

    There is no doubt that the right to privacy, which is the opposite of the right to information, cannot be absolute. But to what extent does the BJP government in India have the right to scan private data and regulate it when an individual wants to keep it secret, is what the Supreme Court will…

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  • No woman to head Supreme Court for next ten years

    The constitutional post of chief justice of India continues to elude a woman judge with Justice R. Banumati being the only woman to occupy the post of a Supreme Court judge after the retirement of Justice Gyan Sudha Misra on April 27, 2014. She was sworn in on April 30, 2010. To put it mildly,…

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  • Abu Salem will create a record for escaping the noose

    Abu Salem, the handsome billionaire gangster, who has been convicted by the TADA court for the serial bomb blasts in 1993, will make Indian judicial history because he will escape the death sentence despite being convicted for the second time for a capital offence. The TADA court had sentenced him to life imprisonment in February…

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  • Ongoing tussle between judiciary and media

    The Uttarakhand high court prohibiting the criticism of Electronic Voting Machines (EVMs) has added to a list of judgments which curtail media freedom. It ranks with one pronounced by the Bombay high court in 1989 that truth was no defense in a contempt of court proceeding. This is not to say that the judiciary has…

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  • India’s security & human rights of secessionists

    There can be no doubt that India was denied consular access to Kulbhushan Jadhav which is a violation of his rights while Farooq Ahmed Dar, an artisan and weaver of shawls, was trussed up in the front of a jeep and paraded through Budgam district which is also a violation of his human rights. But…

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