RESPONSIBILITY BEYOND JUDGMENTS

Apart from transparency and openness, there are other areas that do require attention of the judiciary. In some of these, the Chhattisgarh High Court led the way.

In a party, I met Ironman and Spiderman. Here I am with them

Concerning Judicature

Rekindling Judiciary।। Suggestions For Improving Collegium System।। Benches and the Law Commission।। Naked In The Khan Market।। Responsibility Beyond Judgments।। Hon’ble Supreme Court???।। Infallible।। LORDSHIP or LADYSHIP: Case for Gender Neutrality।। National Court of Appeal – Not A Good Idea: Some Suggestions।। Sealed Cover Culture – Lies, Damn Lies, and Statistics।। To File or Not to File।। GOVERNMENT’S FOLLY।। ।। ।। 

SENTENCE FIRST—VERDICT AFTERWARDS

 This post is about the cash allegedly found at the official residence of Yashwant Verma J.

Off with his head - Alice in Wonderland - Picture courtesy Wikimedia

SAME SEX MARRIAGE

Ardh-Narishwar courtesy - Wikipedia

What The Court Can And Should Do

Summary: This article argues in favour of same sex alliances and explains what may be done by the Constitutional bench in the cases, where judgement has been reserved. 

LADY & GUARD - DESERVE PRAISE

Summary: A day in Roger Federar's life and another day in my life.

Roger Federer

INDIAN APPS भारतीय ऐप्स

This is opportune time to encourage Indian Apps. Here are some suggestions. They were also suggestion given on ‘Interact With PM’ website. Hope, they will be considered.

यह समय भारतीय ऐप्स को प्रोत्साहित करने का उपयुक्त है। यहां कुछ सुझाव दिये गये हैं। इन्हें 'प्रधान मंत्री के साथ बात करें' वेबसाइट पर दिया गया है। आशा, इन पर ध्यान दिया जायगा।

HAVE GOOD IDEAS, SUGGEST – GOVERNMENT LISTENS

This post is an attempt to encourage people to give good and useful suggestions at 'Interact With PM'.
यह पोस्ट लोगों को, इस बात के लिये प्रोत्साहित करने के लिये लिखी गयी है वे 'पीएम के साथ बातचीत करें' में अच्छे और उपयोगी सुझाव दें। 

ALLAHABAD HIGH COURT LEADS THE WAY

Allahabad High Court has always supported open source software and has led judiciary in the field of computerisation, to be followed by the E-committee and other courts. 

Allahabad High Court has adopted an open source software for argument of cases by video conferencing in contrast to other courts that have adopted proprietary and closed source software.
This post explains why they should change and follow the Allahabad example.

इलाहाबाद उच्च न्यायालय कि वेसाइट

इलाहाबाद उच्च न्यायालय ने हमेशा ओपन सोर्स सॉफ्टवेयर का समर्थन किया है और कम्प्यूटरीकरण के क्षेत्र में न्यायपालिका का नेतृत्व किया है। जिसे बाद में, ई-समिति और अन्य न्यायलयों के द्वारा  अनुसरित किया गया। 

वीडियो कॉन्फ्रेंसिंग से बहस के लिए, जहां अन्य अदालतों ने, मालिकाना और क्लोस़ड सोर्स  सॉफ्टवेयर का चयन किया  है, वहीं इलाहाबाद उच्च न्यायालय ने एक ओपेन सोर्स सॉफ्टवेयर का चयन किया है। यह निर्णय अन्य अदालतों के निर्णय से बेहतर है। 
यह पोस्ट बताती है कि अन्य अदालतें को क्यों अपने निर्णय बदल कर,  इलाहाबाद उच्च न्यायालय के उदाहरण को अपनाना चाहिये। 

WISH TO DEDICATE SOMETHING MORE

Sometime ago, I was invited to be part of 2nd convocation (held on 11-11-2019) of Professor Rajendra Singh (Rajju Bhaiya) State University, Allahabbad and was requested to share some memories of Rajju Bhaiya, the fourth Sar-Sanghchalak of RSS to inspire the students. 

I have spent my childhood with him have many memories. It was a very pleasant experience. Here is what I spoke. In order to be more relevant to the student, it was in Hindi.   

From the Left, 1-Master of ceremony, 2-Smt Sangeeta Srivastava, Vice-Chancellor of the University, 3-Myself, 4-Hon'ble Smt Anandiben Patel, Chancellor of the University

THE POPULATION CONTROL BILL

Two areas are close to my heart, namely population control and uniform civil code. I had drafted bills in late 1990's before I was offered judgeship. The bills were distributed in the Parliament at that time but before they could be introduced (whether as a bill from the public or as a private member bill) the Parliament was dissolved. 

When the Central government has asked the Law Commission to examine the issue of implementing the Uniform Civil Code I had published the bill relating to Uniform Civil Code in respect to the areas, where beginning should be made. 

Population control perhaps is more important than Uniform Civil Code. Population explosion not only drowns the progress that we make but is also destroying our environment and jungles. Our future generations and mother earth will be deprived not only of many species but also of water. Here is the draft of bill for control of population. it should be enacted immediately.

Picture courtesy - Outlook 29th July 2016 

GRANDPARENTS DAY

Sometimes ago, I was invited in a school to speak before parents/ grandparents on the Grandparents day. When I asked the school staff what they would like me to speak, they said talk about their relationship with the kids. Here is what I had to say.

My son with his grand parents at Sangam

GOVERNMENT’S FOLLY

The government is committing a mistake by permitting the judiciary to take lead in the matter of social reforms. This may cost the government dearly. 

The article below explains how this has happened in the past

A photo from the All India Muslim Personal Law Board’s public meeting of only Muslim women organised in connection with the Triple Talaq issue at Iqbal Maidan in Bhopal on September 11, 2017.   | Photo Credit: A.M. Faruqui - The Hindu

SANYASI WHO CLAIMED TO BE A PRINCE

This post is about Bhawal Sanyasi Case, why was it wrongly decided and the book 'Dead Man Wandering' by Partha Chatteree.

Bhawal Sanyasi case is a bizarre case. It is the most famous of all Indian cases. After about 12 years of death/ disappearance of a prince, a Sanyasi claimed to be him. Did the prince die or disappear; was the Sanyasi the prince or an imposter – these were the questions to be decided in a suit filed 21 years thereafter. In the suit, some facts were admitted and some were contested like hell. 

I had read about the case in the legal history class as a law student in 1970 but did not go into the depth as better means of identification have come about. This year in January,  Khoj International Artists' Association approached me to play the role of the judge in re-adaptation of the case. It was to be staged in Dhaka literary festival. For some personal reasons, I could not go but it piqued my interest.

The trial court had held Sanyasi to be the prince and the Calcutta High Court dismissed the appeal by 2-1. These judgements are not reported. The High Court dismissed the application for leave to an appeal to privy council  and it is reported in AIR 1942 Calcutta 498 .Bibhabati Devi v. Kumar Ramendra Narayan Roy  However, Privy Council granted leave but later dismissed the appeal after briefly recording the facts. The judgement is reported in AIR 1947 PC 19 Bibhabati Devi v. Ramendra Narayan Roy. 

Naked In The Khan Market

Judiciary must change its mindset. With lifting veil on collegium recommendation it has started but a lot is yet to be done. It should continue.
It was Chhattisgarh High Court that led the way in the change of mindset but later stepped back. Here are some steps that were done and should be adopted by judiciary.

Many of the steps taken at the Chhattisgarh High Court, mentioned in the piece below, are recorded here. 

THE UNIFORM MARRIAGE AND DIVORCE BILL...

Two areas are close to my heart, namely uniform civil code and population control. I had drafted bills in late 1990's before I was  offered judgeship. The bills were distributed in the Parliament at that time but before they could be introduced (whether as a bill from the public or as a private member bill) the Parliament was dissolved. 

The Central government has asked the Law Commission to examine the issue of implementing the  Uniform Civil Code in detail and submit a report. I thought of publishing the bill relating to Uniform Civil Code that I had drafted.

This cartoon is by Sandeep Adhwaryu on... the Uniform Civil Code  published in Mail online India. 

National Court of Appeal – Not A Good Idea: Some Suggestions

This is the sixth post of the series 'LegalTrek'. The last post was about 'Benches and the Law Commission' and this post is about whether we should have National Court of Appeal (NCA) or not what steps may be undertaken to reduce the pendency in courts.

Photogrph courtesey offcial website of the Supreme Court 

LegalTrek

।। ।। Court of Appeal – Not A Good Idea।।

EUTHANASIA AND CONSCIENCE TO KEEP

Euthanasia, mercy killing, assisted suicide, physician aid in dying is debatable issue. Even if it is desired by the person concerned, it poses moral dilemma for those who have to take the decision. In our country, it is punishable and this question is referred to the constitutional bench in Common Cause vs Union of India 2014 SC (Supp) 1456 = 2014(5) SCC 338 after disagreeing with Aruna Ramachandra Shanbaug Vs Union 2011(4) SCC 454 = 2011 CrLJ (Supp) 301. The bench has sought the views of the government on the same. The following article considers the debate, moral dilemma, and law of the other nation in this regard. It also takes into account the latest decision of the Canadian Supreme Court in Carter Vs Canada upholding such right.

Aruna Ramchandra Shanbaug - picture courtesy Wikipedia

NATURE IS ASYMMETRICAL

The debate about gay rights is again heating up. The present Finance Minister, previous Home Minister have come out openly in its support and a prominent Congress MP has tweeted that he has moved a private member’s bill to decriminalize consensual sex between adults of any gender (partial amendment of section 377 Indian Penal Code).

In early 1990's I had written an article in support of gay rights. It was an inter disciplinary study, connecting gay rights with conservation of parity and Right-Left Symmetry. It also dealt with the Wolfendem Committee; its recommendation for decriminalisation of Homosexual behaviour in England and similar laws in other parts of the world. But it was not published by any magazine or newspaper - the idea was too bold for those times. Then it was published in my book 'A Lawyer's World and Childhood dreams'. Here it is, after updating the contents since then.

The article deals with Law as well as physics. Not many are interested in details about both fields. But in case you are, in any one or both of them then details are in the Endnotes.  

SUGGESTIONS FOR IMPROVING COLLEGIUM SYSTEM

Here are some suggestions that the Supreme Court should consider for improving ''Collegium System'.

Picture courtesy - Offcial website of the Supreme Court

INDEPENDENT INDIA'S DARKEST PERIOD

It is first post of the series 'It Lies In The Heart'.

Internal emergency was imposed 40 years ago. My father VKS Chaudhary was first detained under DIR then under MISA. He was released after emergency was lifted. Here are some lessons from that time.

My father, VKS Chaudhery, was detained during emergency. He was released after emergency. Here he is being brought after he was released from jail.

ATTITUDE, NOT APTITUDE, DETERMINES ALTITUDE

(This speech was delivered by Chief Justice Yatindra Singh, Chancellor of the Hidayullah National law University, Raipur on 22.02.2014 on the occasion of its second convocation.

A pdf format of the same may be downloaded from here.)