‘Modi govt will not tolerate this’: HRD minister to universities against CAA

Jan 1: The ban on the practice of instant triple talaq, making it a penal offence and the increase in the strength of Supreme Court judges were two of the major achievements of the law ministry in 2019.

In July, Parliament gave its nod to The Muslim Women (Protection of Rights on Marriage) Bill, 2019. The new law makes talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband void and illegal.

It makes it illegal to pronounce talaq three times in spoken, written or through SMS or WhatsApp or any other electronic chat in one sitting.

According to the new law, any Muslim who pronounces the illegal form of talaq upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

During the year, four new judges were appointed to the Supreme Court in September, taking its strength to 34, the highest-ever.

However, vacancies in high courts and lower courts are on the rise and convincing state governments and the 25 high courts to come on board to create an all-India judicial service to recruit judges for the subordinate courts tops the agenda of the Law Ministry in 2020.

Besides creating a consensus on setting up the All-India Judicial Services, the ministry will also have to focus on filling up vacancies in the high court. On an average, the vacancies stood at 400 throughout this year.

With more than 5,000 positions of judicial officers in district and subordinate courts lying vacant, the Law Ministry has pitched for setting up all-India judicial services.

The sanctioned strength of the judicial officers in district and subordinate courts was 22,644. The number of judicial officers in position and vacant posts is 17,509 and 5,135, respectively.

The government has proposed that while states and high courts can recruit judicial officers, the Union Public Service Commission (UPSC) can hold pan-India entrance tests.

The ministry has made it clear that such services would not encroach on the powers of the states.

As of now, the selection and appointment of judges in subordinate courts is the responsibility of the high courts and state governments concerned.

The Narendra Modi government has given a fresh push to the long-pending proposal to set up the new service to have a separate cadre for the lower judiciary in the country.

But there is a divergence of opinion among state governments and respective high courts on the constitution of the All India Judicial Service (AIJS).

One of the problems cited is that since several states have used powers under Code of Criminal Procedure (CrPC) and Code of Civil Procedure (CPC) to declare that the local language would be used in lower courts even for writing orders, a person say selected from Tamil Nadu may find it difficult to hold proceedings in states like Uttar Pradesh and Bihar.

The other point of opposition is that an all India service may hamper the career progression of state judicial services officers.

Another key issue the ministry has to handle in 2020 is vacancies in the 25 high courts.

Throughout 2019, on an average, the high courts faced a shortage of 400 judges.

According to Law Ministry data, as on September 1, the high courts had 414 vacant positions as compared to the sanctioned strength of 1,079 judges. The figure was 409 in August and 403 in July, as per the data.

A three-member Supreme Court collegium recommends the names of candidates for appointment as high court judges. In case of appointments to the Supreme Court, the collegium consists of five top judges of the top court.

High court collegiums shortlist candidates for their respective high courts and send the names to the law ministry.

The ministry, along with background check reports by the Intelligence Bureau, forwards it to the Supreme Court collegium for a final call.

The government has maintained that appointment of judges in the high courts is a "continuous collaborative process" between the Executive and the Judiciary, as it requires consultation and approval from various Constitutional authorities.

Vacancies keep arising on account of retirement, resignation or elevation of judges and increase in judges' strength. In June last year, the vacancy position stood at 399, while it was 396 in May.

In April, 399 posts of judges were vacant, while the figure was 394 in March. The vacancy position in February stood at 400 and in January, it was 392, according to the data collated by the Department of Justice.

Over 43 lakh cases are pending in the 25 high courts.

Another priority would be the finalisation of the memorandum of the procedure to guide the appointment and transfer of the Supreme Court and high court judges. The issue had now been pending for over two years now with the SC collegium and the government failing to reach a consensus.

Successive governments have also been working on making India a hub of international arbitration. It has taken several steps to change laws dealing with commercial disputes.

New Delhi, Apr 26: The total count of coronavirus cases in the country surged to 26,917 on Sunday.

The total COVID-19 cases in the country are inclusive of 5,913 cured and discharged patients, one migrated, and 826 deaths. At present, there are 20,177 active COVID-19 cases in the country.

The Federation of Resident Doctors' Association (FORDA) wrote to the Union Health Minister, Dr Harsh Vardhan, seeking assistance regarding accommodation facilities for resident doctors advised for home quarantine.

In a letter to the Health Minister, the association stated that recently there have been reports of resident doctors from various hospitals who tested positive for COVID-19. As a consequence, their primary contacts who are mostly their colleagues and resident doctors, have been advised to be on home quarantine, the association added.

On the other hand, Maharashtra continues to have the largest number of COVID-19 positive cases at 7,628 . 1,076 persons have been cured in the state while 323 persons have died.

Fresh cases have been reported several states including West Bengal, Maharashtra, Rajasthan and Uttar Pradesh.

The total number of cases in Indore has risen to 1,176, including 57 deaths.

While 133 deaths have been reported from Gujarat where the total number of cases spiked up to 3,071.

Kerala has seen a recovery rate of around 74 per cent as 338 out of the total 457 COVID-19 positive patients recovered in the state with only 4 fatalities.

Delhi has seen 2,625 COVID-19 positive cases and 54 deaths due to the pandemic.

Here's a quick read on the COVID-19 related updates:

1. A five-member Central team visited Telangana Director General of Police (DGP) office here on Sunday, to review the law and order situation in the state and oversee how the state police are ensuring the implementation of the lockdown.

2. Post Graduate Institute of Medical Education and Research (PGIMER) Chandigarh and AIIMS Delhi and Bhopal will study the effectiveness of Mycobacterium w in critical COVID-19 patients.

3. Chandigarh-based Post- Graduate Institute of Medical Education and Research (PGIMER) said that it has assessed the safety of mycobacterial w (Mw), an immunomodulator for leprosy, in four hospitalised patients of COVID-19, and has found no short-term adverse effect.

4. As many as 2,189 cases were lodged and 10,062 people have been arrested so far, for the breach of lockdown norms in Uttarakhand.

5. The Delhi High Court has directed that COVID-19 related tests should be made available to the general public at the lowest cost possible as the country is going through an unprecedented medical crisis affecting public order.

6. Bihar government has ordered two automatic RNA extraction machines, said the Principal Secretary of Health, Sanjay Kumar today.

7. Medical services at Babu Jagjivan Ram Hospital in the Jahangirpuri area have been closed and the hospital is being sanitised after 44 staff members including doctors were tested positive for COVID-19, Delhi Health Department said.

8. In order to support the frontline workers in the fight against COVID-19, Samsung and Google will be offering free phone repairs to health care workers and first responders.

9. Bhopal Division of Indian Railways has converted 74 railways coaches into isolation wards, said Sunil Dhingra, Senior Section Engineer of Bhopal Division.

10. Indian High Commission here on Sunday said two Air India and one Blue Dart flights will send about 78 tonnes of cargo to India as part of the 1 million PPE kits being sourced from Singapore-based company.

London, Apr 20 : Embattled liquor baron Vijay Mallya, who is wanted in India on alleged fraud and money laundering charges amounting to an estimated ₹9,000 crore, today lost a High Court appeal in UK against his extradition order to India.

A consortium of Indian public sector banks led by the State Bank of India had sought a bankruptcy order against Mallya as part of efforts to recoup around GBP 1.145 billion of unpaid loans from Mallya.

The 64-year-old former Kingfisher Airlines boss had appealed to the High Court against his extradition to India at a hearing in February this year.

Lord Justice Stephen Irwin and Justice Elisabeth Laing, the two-member bench at the Royal Courts of Justice in London presiding over the appeal, dismissed the appeal in a judgment handed down remotely due to the current coronavirus lockdown.

"We consider that while the scope of the prima facie case found by the SDJ [Senior District Judge] is in some respects wider than that alleged by the Respondent in India [Central Bureau of Investigation (CBI) and Enforcement Directorate (ED)], there is a prima facie case which, in seven important respects, coincides with the allegations in India," the judges ruled.

Earlier this month, the High Court in London had deferred hearings on a plea by the SBI-led consortium of Indian banks, seeking the indebted tycoon to be declared bankrupt to enable them recover their loan from him.

Justice Michael Briggs of the insolvency division of the High Court granted relief to Mallya, ruling that he should be given time till his petitions to the Supreme Court of India and his settlement proposal before the Karnataka High Court be determined, allowing him time to repay his debts to the banks in full.