'Missing' DGCA note said safety a worry in Kingfisher Airlines

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.

Kochi, Feb 29: When Major Abdul Rahim, a soldier in the Afghan army, died in a bomb blast in Kabul on February 19, a tear was shed for him in far away Ernakulam district of Kerala.

The major had received a transplant of hands from Eloor native T G Joseph back in 2015, and the latter’s family had grown attached to the Afghan soldier.

Maj. Abdul Rahim, a bomb disposal expert, had lost his hands in an explosion in 2012. For three years thereafter, he struggled with his handicap. Then, when 54-year-old Joseph passed away in a road accident, it was decided to give his hands to the Afghan major.

The transplant procedure was successfully performed by a team of doctors led by Dr. Subrahmania Iyer at the Amrita Institute of Medical Sciences in Kochi.

After the transplant and an intensive spell of physiotherapy, Abdul Rahim could regain a considerable part of his hands’ functions. He rejoined the army and returned to defuse bombs in his war-torn country.

In gratitude, Major Abdul Rahim would visit Kochi every year to meet Joseph’s family. 

“We were shocked to hear of the demise of Major Abdul Rahim. Though Joseph left us, a part of him lived on. Abdul Rahim was a living memorial for us. Whenever he came to the Amrita institute for a consultation, we used to visit him,” Joseph’s wife was quoted as saying by Mathrubhoomi daily.

Major Abdul Rahim struck up a good friendship with his predecessor, in a way of speaking: the first person to have had a successful hand transplant at the Amrita Institute of Medical Sciences. T R Manu became a close friend of the Afghan solider and kept regularly in touch.

Thiruvananthapuram, Apr 5: Eight more COVID-19 positive cases were reported from Kerala on Sunday, four among whom attended the Tablighi Jamat congregation in Delhi and six people were cured, Health Minister K K Shailaja said.

With this, the total number of affected people under treatment in the state has gone up to 256, she said.

"Out of the eight cases, five are from Kozhikode, and one each from Pathanamthitta, Kannur and Kasaragod districts.

In the case of Kozhikode, four out of the five returned from Nizammuddin meet and one from Dubai.

As of date, 10 people who had returned from Nizammuddin in Delhi have been tested positive," the minister said in a release

A total of 314 cases have been reported from Kerala so far and 56 people have been cured, she said

"We have sent 10,221 samples for testing," she said.

A total of 1.58 lakh people are under observation in the state, out of which 776 are in isolation wards in hospitals.