NJAC: Somnath wants govt to set things right without feuding with Judiciary

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.

Amaravati, Apr 1: All the 43 patients who were tested positive for COVID-19 in Andhra Pradesh on Wednesday have returned after attending the event at Delhi's Nizamuddin Markaz, said Chief Minister's Office, Andhra Pradesh.

With 43 new COVID-19 positive cases, the total number of coronavirus cases in Andhra Pradesh has reached 87, informed the state Nodal Office earlier today.

The 43 new coronavirus positive cases were reported between March 31, 9 pm and April 1, 9 am. A total of 373 samples were tested during this time period and of these samples, 330 were negative and 43 came out to be positive.

There has been an increase of 240 COVID-19 cases in the last 12 hours across the country.
According to the Ministry of Health and Family Welfare, the total number of COVID-19 positive cases have reached 1637 in India, including 1466 active cases, 133 cured/discharged/migrated people and 38 deaths.

New Delhi, Jun 13: Veteran Urdu poet Anand Mohan Zutshi 'Gulzar' Dehlvi passed away on Friday afternoon, five days after he recovered from COVID-19.

He died at his Noida home, and was a month shy of turning 94.

"His corona test came negative on June 7 and we brought him home. Today he had lunch and at around 2.30pm he passed away," his son Anoop Zutshi told PTI.

"He was quite old, and the infection had left him very weak. So doctors are thinking it was possible a cardiac arrest," he added.

A freedom fighter and a premier 'inquilabi' poet, Dehlvi was admitted to a private hospital on June 1 after testing positive for coronavirus.

Born in old Delhi's Gali Kashmeerian in 1926, he was also the editor of 'Science ki Duniya', the first Urdu science magazine published by the Government of India in 1975.

Remembering her fond memories of Dehlvi, historian-writer Rana Safvi recalled seeing the poet at most 'mushairas' in Delhi.

"I cannot express how big a loss it is. We used to see him at every 'mushaira' in Delhi. It's a big loss to Delhi and the world of poetry," Safvi said.

She also took to Twitter to express her condolences.

"Sad to hear about Gulzar Dehlvi saheb's demise. He was the quintessential Dilli waala. May he rest in peace," she tweeted.

According to Delhi-based poet and lawyer Saif Mahmood, Dehlvi was "the presiding bard of Delhi", following in the footsteps of iconic poets like Mirza Ghalib, and Mir Taqi Mir.

His death is the "end of an era", he said.

"No one knew the nooks and crannies of Mir and Ghalib's Delhi like him. Gulzar saheb claimed that his father, Allama Pandit Tribhuvan Nath Zutshi 'Zaar Dehlvi', was a disciple of the renowned poet Daagh Dehlvi," he said, while reminiscing his meeting with Dehlvi three years back.

The poet had recited a still unpublished 'sher' (couplet) then, Mahmood said, which seems more relevant now in the aftermath of his demise.

"Mere baad aane waalon, meri baat yaad rakhna/ mere naqsh-e-pa se behtar, koi raasta nahin hai". (Those who come after, remember what I say/ there’s no better way than to follow my footprints).

"He was a true exemplar of not just the Urdu language but also of the Urdu culture. In fact he was a living and breathing form of Urdu tehzeeb," Mahmood said.