1. PS Narasimha, 9th Lawyer To Get Direct Appointment As Supreme Court Judge; Might Also Become CJI

• Senior Advocate Pamidighantam Sri Narasimha will swear in as the Judge of the Supreme Court on 31st August 2021. He will be the ninth Supreme Court judge to be directly elevated from the Bar and might also become the Chief Justice of India before his retirement comes due in May 2028.

• Narasimha had served as the Additional Solicitor General of India from May 2014 to December 2018. He represented the Government in important cases related to the Italian Marines case, the constitutional validity of criminal defamation, NJAC case relating to the appointment of Judges. He was earlier appointed by the Supreme Court as a mediator to resolve disputes pertaining to the administration of the Board of Control of Cricket in India (BCCI). He had also appeared for some of the parties in the Ayodhya case.

• As per seniority turn, Narasimha is in line to occupy the post of the Chief Justice of India from October 30, 2027, to May 2028.

• Direct Appointment From Bar: As per Article 124 of the Constitution of India, a person is eligible to be appointed as Judge of the Supreme Court if he/she (a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or (b) has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or (c) is, in the opinion of the President, a distinguished jurist. Most of the elevation to Supreme Court happens under category (a)  but to date, no 'distinguished jurist' (category (c)) has been appointed as judge of the Supreme Court.

Source: Bar & Bench

2. RTI- Once A Party Dies His/Her Death Certificate Can't Be Termed As 'Third Party Information: Himachal Pradesh High Court

• The Himachal Pradesh High Courton Friday held that once a party has died, his/her death certificate cannot be termed a 'Third Party Information as per Section 11 of the Right to Information Act, as that information relates/related only to the deceased.

• The Bench of Justice Tarlok Singh Chauhanwas hearing the plea of an appellant/applicant whose application seeking a copy of the death certificate and the names and addresses of legal representatives of a deceased was denied citing Section 8(1)J and Section 11 of Right to Information Act, 2005.

• He sought direction from the Panchayat Secretary, Shingla, (District Shimla) to provide him with a copy of the death certificate and the names and addresses of legal representatives of the deceased.

• During the course of the previous hearing on July 8, 2021, the Court had called for an explanation from the Public Information Officer-cumPanchayat Secretary Shingla as to why the said information was denied.

• In view of this response filed by the PIO, the Court observed thus: "To say the least, the interpretation given by the Additional Director (Panchayati Raj) is based on total misunderstanding, misconception and misinterpretation of the provisions of the Right to."

• "It is more than settled that those entries in Birth and Death registers are public documents and admissible under Section 35 of the Indian Evidence Act and it is not necessary to prove, who made the entries and what was the source of information," the Court further added.

• Therefore, taking into consideration such facts and circumstances, the Court directed thus: "Henceforth, whenever a copy of death certificate is demanded by any person or authority under Right to Information Act, or even on simple paper, the same shall be given by all the Panchayat Secretaries in the State of Himachal Pradesh, subject to of course on usual charges."

Source: Bar & Bench

3. Notable Judgments Of Justice Hima Kohli, 9th Woman Elevated As Supreme Court Judge

• First woman Chief Justice of the Telangana High Court, Justice Hima Kohli, will take oath as a Judge of the Supreme Court of India on August 31, just two days before the date on which she otherwise would have retired as a High Court judge.

• She is the ninth woman to be elevated to the Supreme Court in its history of seven decades. Justice BV Nagarathna from Karanataka High Court and Justice Bela Trivedi from Gujarat High Court are the other women judges in the present set of new appointees(Justice Kohli is senior to both of them).

• Justice Hima Kohli is known for her firm approach in enforcing executive accountability and defending women rights. Recently, she was in news for championing the cause of public health during the Covid-19 pandemic.

• On one such occasion, Justice Kohli came to the rescue of numerous Covid-19 patients from neighbouring states of Telangana, halted at state borders without any medical aid or even prior notice.

• "This is a blatant violation of the Constitution. You are denying medical treatment to people. You are stopping people from entering without any official Order and without letting the public know? Who permitted you to do this?" Justice Kohli slammed the authorities.

• She made it clear that the State Government cannot deny medical treatment to the citizens of its own country, by discriminating among them on the basis of their residence.

• She promptly ordered the State to not stop any ambulance carrying Covid-19 patients and observed: "No State action can be validated that results in avoiding or delaying access to medical assistance when a patient is in a dire need of such a treatment. This would amount to violating the sacrosanct right to life guaranteed under Article 21 of the Constitution and operate as a fetter on the right of a citizen of this country to move freely throughout the territory of India, as enshrined in Article 19(1)(d) of the Constitution of India."

• Protection of Women Rights: On other occasions also, Justice Kohli has made observations against the prejudices and discrimination prevalent against women.

• Speaking at a public event, Justice Kohli dubbed the plight of women in India, facing barriers steeped in gender bias, as a "shadow pandemic". She stated that not only are women of the household forced to work doubly hard during Covid-induced lockdown, but the country was also seeing a surge in domestic violence cases.

Source: Bar & Bench

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