Justice Rangnath Pandey, who wrote to PM on nepotism, denied customary farewell

Agencies
July 4, 2019

New Delhi, Jul 4: Justice Rangnath Pandey, Allahabad High Court judge Rangnath Pandey who wrote a letter to Prime Minister Narendra Modi alleging 'favouritism, nepotism and casteism in the appointment of judges, was not given the customary farewell party when he retired on Thursday.

The farewell party, known as full court reference in the legal parlance, which was scheduled to be held in the Chief Justice's Court at 3.45 p.m. was cancelled at the last minute due to unforeseen circumstances.

The Registrar notified the cancellation in a letter.

None of the judges were willing to comment on the development.

IANS had reported on Wednesday that Justice Pandey had stirred up the proverbial hornet's nest with his letter to the Prime Minister in which he had sought Modi's intervention in restoring the dignity of the judiciary.

He had also pointed out the flaws in the collegium system of appointment of judges and also questioned that lack of transparency in the process.

Thursday's development came even after Pandey had gained the support of the Uttar Pradesh Bar Council.

Bar Council chief Hari Shankar Singh said that the judge's letter should be treated as a public interest document and the government should act on it. He said that the lawyers supported the contents of the letter.

At least, two other judges of the high court, who did not wish to be identified, said that they agreed with the contents of the letter and termed it unfortunate.

A senior judge in the Lucknow Bench of the Allahabad High Court said, "Everyone knows about the malaise in the judiciary. Justice Rangnath Pandey is about to retire and hence, he could vent his feelings. I hope his letter will get the desired attention."

Another judge in the same court said that Justice Pandey's letter echoed the sentiments of several other judges. "The process of judge selection needs to be overhauled if the dignity of the judiciary is to be maintained," he added.

A retired IAS officer S.P. Singh said that the letter confirmed that there is something seriously wrong with the judiciary. "There are three generations of lawyers becoming judges from the same family. Can this be justified?" he asked.

Justice Pandey's letter dated July 1 calls the present process of judges' appointment "unfortunate".

"In the last 34 years of my service as a judicial officer, I have seen people with no or poor knowledge of the law being appointed as judges. The appointment of judges takes place behind closed doors and over cups of tea… and favouritism is the only relevant factor for appointments," he wrote.

He has also pointed out the flaws in the collegium system of appointment of judges and also questioned that lack of transparency in the proces

"The whole process is secret and the names of judges are only disclosed after their appointments. Who gets appointed on what basis is kept under wraps and this process of appointments is very unfortunate," he wrote.

Justice Pandey further criticised the Supreme Court's 2015 judgment rejecting the National Judicial Appointments Commission (NJAC) Act and the 99th Constitutional Amendment, which sought to give politicians and civil society a say in the appointment of judges to the highest courts.

"When your government brought in the NJAC Act, there was hope that there will be transparency in the appointment of judges. However, the Supreme Court struck down the Act as it would have affected its powers of making the appointments," he said.

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Agencies
January 14,2020

Microsoft's Indian-origin CEO Satya Nadella on Monday voiced concern over the contentious Citizenship Amendment Act (CAA), saying what is happening is "sad" and he would love to see a Bangladeshi immigrant create the next unicorn in India.

His comments came while speaking to editors at a Microsoft event in Manhattan where he was asked about the contentious issue of CAA which grants citizenship to persecuted non-Muslim minorities from Pakistan, Bangladesh and Afghanistan.

"I think what is happening is sad... It's just bad.... I would love to see a Bangladeshi immigrant who comes to India and creates the next unicorn in India or becomes the next CEO of Infosys," Nadella was quoted as saying by Ben Smith, the Editor-in-Chief of New York-based BuzzFeed News.

In a statement issued by Microsoft India, Nadella said: "Every country will and should define its borders, protect national security and set immigration policy accordingly. And in democracies, that is something that the people and their governments will debate and define within those bounds.

"I’m shaped by my Indian heritage, growing up in a multicultural India and my immigrant experience in the United States. My hope is for an India where an immigrant can aspire to found a prosperous start-up or lead a multinational corporation benefitting Indian society and the economy at large".

The Centre last week issued a gazette notification announcing that the CAA has come into effect from January 10, 2020.

The CAA was passed by Parliament on December 11.

According to the legislation, members of Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities who have come from Pakistan, Bangladesh and Afghanistan till December 31, 2014, due to religious persecution will not be treated as illegal immigrants but given Indian citizenship.

There have been widespread protests against the Act in different parts of the country.

In Uttar Pradesh, at least 19 persons were killed in anti-CAA protests.

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News Network
April 30,2020

Bengaluru, Apr 30: Shares of Glenmark Pharmaceuticals Ltd rose almost 9% on Thursday after the Indian drugmaker got an approval to conduct clinical trials with antiviral drug favipiravir, seen as a potential treatment for COVID-19.

Favipiravir, manufactured under the brand name Avigan by a unit of Japan's Fujifilm Holdings Corp and approved for use as an anti-flu drug in the Asian island country in 2014, has been effective, with no obvious side-effects, in helping coronavirus patients recover, a Chinese official told reporters at a news conference last month.

"After having successfully developed the API and the formulations ... Glenmark is all geared to immediately begin clinical trials on favipiravir on COVID-19 patients in India," Sushrut Kulkarni, executive vice-president for Global R&D, Glenmark Pharmaceuticals, said in a statement. 

The Drug Controller General of India, the country's drug regulator, did not immediately respond to Reuters request for comment.

On Wednesday, another Indian pharmaceutical company, Strides Pharma Science Ltd, said it had developed and commercialized favipiravir antiviral tablets, and had applied to Indian drug authorities to start trials.

Shares of Mumbai-based Glenmark Pharmaceuticals, which rose as much as 8.9% to 359 rupees ($4.78), was trading up 5.9%, as of 0407 GMT.

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News Network
January 1,2020

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.

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