2G auction base price fixed at Rs 14,000 crore

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.

Patna, Apr 9: In a horrifying incident, a migrant woman was sexually abused in a Gaya hospital where she was kept in an isolation ward. Three days later, she died due to excessive bleeding.

The matter came to light on Tuesday when her mother-in-law informed the authorities concerned about the shocking incident.

The 25-year-old victim had returned to Bihar’s Gaya district from Ludhiana (in Punjab) along with her husband on March 25. Before returning to her in-laws’ place, she had undergone abortion at Ludhiana just when she was two months pregnant.

On reaching Gaya, she complained of excessive bleeding. Her husband admitted her to Anugrah Narain Magadh Medical College and Hospital (ANMMCH) on March 27 where she was kept in the emergency ward.

Later, on April 1, on being suspected to be coronavirus patient, she was kept in an isolation ward. Her family members alleged that it was in this isolation ward where a doctor attending to her overnight outraged her modesty for two successive nights on April 2 and 3.

“The following day, she was discharged from the hospital after her coronavirus test report was found to be negative. However, after returning home, she remained aloof and struck by fear. On questioning, she revealed how a doctor had sexually abused her in the isolation ward. On April 6, she passed away due to excessive bleeding,” said her mother-in-law.

On receiving the information, the local police asked the mother-in-law to come to the hospital on Tuesday and identify the doctor (about whom the victim had given a description). However, the accused was not identified.

“Prima facie, the matter is serious. We are verifying the allegations. We will dig out the CCTV footage in the hospital and take strict action after identifying the culprit,” said Dr VK Prasad, the hospital superintendent.

Meanwhile, the Gaya police have arrested two people who posed as doctors and entered the isolation ward using doctors’ kits. One of the apprehended people works in a private.

Jammu, Jan 25: People in Jammu and Kashmir expressed happiness over the restoration of mobile data services and internet access through fixed-line across the Union Territory on Saturday.

Speaking to ANI Jitendra Sharma, a resident of Jammu said, "The government has taken a good decision. People had been facing hardship for a long period and I think it will improve further."

"It is a big relief to people. People can finish their pending work. I hope that 4G services will also be resumed soon," said a resident of Kashmir.

The internet speed is restricted to 2G only.

"Access shall be limited only to whitelisted sites and not to any social media applications allowing peer to peer communication and virtual private network applications. Directions shall be effective from January 25 and will remain in force till January 31," the statement by the government read.

Earlier on January 15, 2G services were reinstated in Jammu, Samba, Kathua, and Udhampur for white-listed sites.

The Central government had suspended the internet in the region following the abrogation of Article 370 of the Constitution on August 5 last year, which conferred special status to the erstwhile state of Jammu and Kashmir, and its bifurcation into two Union Territories -- Ladakh, and Jammu and Kashmir.