1. 'Disturbed' By Uttar Pradesh Govt Decision To Allow Kanwar Yatra, Supreme Court Takes Suo Moto Cognizance
The Supreme Court bench headed by Justice RF Nariman took suo moto cognizance of the decision of Uttar Pradesh Government to allow Kanwar Yatra amid the COVID pandemic.
The bench has issued notice to Union Government and UP Govt. The neighboring state of Uttarakhand yesterday decided to call off the Kanwar Yatra, citing the pandemic risk. However, Uttar Pradesh has decided to allow the pilgrimage yatra with certain curbs.
Justice Nariman said to SG Tushar Mehta:- The bench dictated the following order: "We are a little disturbed given today's headline in the Indian express about the Kanvar yatra which is likely to be held from July 25. The newspaper report headline states as follows:
The headline just above this headline speaks about the Prime Minister's statement when he met some chief ministers and when people ask about a third wave of Covid striking citizens of India- that 'it is up to us to stop it and we cannot compromise even a bit'.
Given the disparate stances, it is important that the Home Secretary, Union of India respond to this news report. Given the fact that this yatra is to take off from 25th July it is necessary to fix a short time table. Affidavit will be filed by Friday morning by the Principal secretary, state of Uttarakhand, Home Secretary, Union of India and Principal Secretary, state of UP.
This court has taken suo motu cognizance and has that issue issued notice to the state of UP and Uttarakhand and Union of India to file response. List on Friday. Order to be sent to the Chief Justice of India"
Source: Bar & Bench
2. Bombay High Court Allows Use Of A4 Size Paper For Pleadings Across Courts In Maharashtra
The Bombay High Court has mandated the use of A4 size paper of superior quality with no less than 75 GSM, printed on both sides, for pleadings and supporting documents across courts in Maharashtra via a circular.
The notification amending the Bombay High Court (Appellate Side) Rules, 1960 and the Bombay High Court (Original Side) Rules, 1980to use A4 size paper to minimize paper consumption and consequently save the Environment was issued on July 6, 2021.
All the pleadings, petitions, affidavits or other documents, etc. filed in the Registry, on Judicial side for the purpose of filing in the High Court and its Benches at Nagpur, Aurangabad and Panaji (Goa) and all other Courts in the State of Maharashtra, must have a following specifications, "the circular said.
Superior quality A4 size paper having not less than 75 GSM with printing on both sides of the paper with Font - Times New Roman or Georgia, Font size 14 with inner margin of 5 cms and outer margin of 3 cms.
When the matter came up before the bench of Chief Justice Dipankar Datta and Justice GS Kulkarnion Tuesday, advocate Sudeep Nargolkar, informed the court that an appropriate notification and circular had been issued and Udane's grievance stands redressed.
The petitioner had contended- "The mandate to submit any pleading in a fullscape paper, with double spacing, wide left margin, and printed only on a single side of the sheet leads to tremendous wastage of paper. Interestingly to the best of the knowledge of the petition, the aforementioned Rules that were drafted decades ago were based on pre-Independence colonial practices. In the past, due to low thickness of paper and ink quality, the ink printed on one side of the paper would seep on the other side, making reading difficult."
"With the advance in paper printing technology and ink related technology, such is no longer the case. Thus it is necessary for this High Court to revisit the aforementioned rules and issue appropriate directions in the contemporary sense to bring uniformity about the use of paper and printing thereon and to minimize consumption of paper, and consequently to save the environment,"the petition said.
Source: Bar & Bench
3. Criminal Law, Including Anti-Terror Legislation, Should Not Be Misused For Quelling Dissent : Justice Chandrachud
Supreme Court Justice Dr. DY Chandrachud, in an address to the India-US Joint Summer Conference on Indo-US legal ties, noted that criminal law, including anti-terror legislation, should not be misused for quelling dissent or harassment to citizens.
While referring to his judgment in Arnab Goswami vs. the State, he observed that, "Our courts must ensure that they continue to remain the first line of defense against the deprivation of liberty of citizens. Deprivation of liberty for even a single day is one too many. We must always be mindful of the deeper systemic issues of our decisions".
The Conference was organized by The American Bar Association's (ABA's) International Law Section, the Chartered Institute of Arbitrators India (CIArb), and the Society of Indian Law Firms (SILF) on July 12, 2021. It was titled 'Titled 'New Challenges and Shared Interests between U.S. and India'
Justice Chandrachud discussed the menace of congestion in Indian prisons amidst a pandemic, referring to the court-ordered setting up of the high-level committees to release convicts on bail or parole.
He also acknowledged the joint Conference to be an important platform to focus on the new challenges and shared interests between the United States and India.
He noted, "Our two nations, though on different sides of the globe, have shared deep social, cultural, and economic relations since the Independence of India, given our common ideas, ethos, and values. Today the United States and India have formed a strategic bilateral partnership in areas of defence corporation, trade, economic ties, energy, climate change, science and technology, and the like."
He mentioned that India & the USA share a constitutional relationship, respect for democracy, the rule of law, a rule-based international order, the espousal of the values of freedom, liberty, justice, and equality for all. He calls the US the 'leader of the free world,' being the torchbearer in promoting liberty, freedom of speech and expression, and religious peace amongst various communities that call it home.
He embarked on India's history of Independence in 1947, where it established itself as a free nation, a country based on equality and freedom for all. He mentioned that the focus was on building a secular, pluralistic ideology, which would be a melting pot of culture, languages, and religions and promoting the values of fraternity, not just within the country but within the entire world.
Justice Chandrachud noted that since the birth of Independent India, Indo-US cooperation has spilled over into the legal domain. He acknowledged the American influence on the Indian jurisprudence as a contributor to the heart and soul of the Indian constitution. While he states examples, he mentions the right to protection of life and personal liberty under Article 21 of the constitution, as against the US's conception in the Bill of Rights, which provides that no person shall be deprived of life, liberty, or property without due process of law.
Source: Bar & Bench
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