‘Sensitivity must to defend human rights’

UNE: Future lawyers need to equip themselves with knowledge and information if they want to deal with complaints relating to human rights violations, said Supreme Court justice Balbir Singh Chauhan on Saturday. He was speaking on the “Role of judiciary in protection of human Rights” at the Justice Y V Chandrachud lecture series 2012. The function, attended by judicial officers and lawyers, was organised by the Pune Bar Association (PBA) at the Ashoka hall of the district and sessions court.Justice Chauhan, the chief guest for the event, emphasised the need to introduce more courses on human rights violations, as such events have become rampant in the country.

Describing the incident of Baba Ramdev‘s rally at Ramlila Maidan last year as a clear case of human rights violations, the SC judge advised lawyers to have a sensitive approach while dealing in human rights violations cases. He also criticised the police for abusing its authority by inflicting injuries on a sleeping crowd in the garb of invoking Section 144 of the Criminal Procedure Code.

Citing the case of film actress Khushboo, who had to face 28 litigations by lawyers, and remained in prison for six weeks, because she had given an interview on live-in relationship, the judge said there was no law to initiate prosecution in such cases as none of the lawyers were defamed.

Among the others who spoke at the function include Justice Abhay Thipsay of the Bombay High Court, principal district and sessions judge Anant Badar, Harshad Nimbalkar, member of Bar Council of Maharashtra and Goa, PBA president Dhananjay Taur and others.

Later, attending the Justice P N Bhagwati International Moot Court competition at the New Law College, Justice Chauhan traced the history of legal education in India and commented on the quality of legal education and applauded the high professional quality existing today in law colleges across India. He also spoke on natural justice as well as human rights being the most essential components for dignified humanity.

Total 26 teams from national law schools and six foreign teams from the UK, the US and Europe have participated in the competition. The guests were introduced by Mukund Sarda, dean and principal of the college.

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No more leniency to govts in delayed appeals: SC

Supreme Court of India

TIMES OF INDIA

NEW DELHI: For long, government and its departments have been getting away lightly in the judiciary as courts have been lenient in viewing the delay in filing of appeals by them. But, the Supreme Court on Friday put an end to it and decided to treat government with the same yardstick used for other litigants when it comes to filing of appeals after the statutory deadline. Dismissing an appeal filed by the chief of the Post Master General against Living Media India Ltd; after 427 days of the statutory period of limitation, a bench of Justices P Sathasivam and J Chelameswar said the apex court was no more willing to buy the stock response of government departments – delay was due to red-tape and pendency of file on a bureaucrat’s desk for long.

“The law of limitation undoubtedly binds everybody including the government,” the bench said refusing to accept the contention that delays in filing of appeals by government departments are due to impersonal machinery and inherited bureaucratic methodology of making multiple notes. “Why the delay is to be condoned mechanically merely because government or wing of the government is a party before us?” the bench asked.

“It is the right time to inform all the government bodies, their agencies and instrumentalities that unless they have reasonable and acceptable explanation for the delay and there was bona-fide effort, there is no need to accept the usual explanation that the file was kept pending for several months/years due to considerable degree of procedural red-tape,” said Justice Sathasivam, who wrote the judgment.

This could hit governments hard as they are the biggest litigant before the judiciary accounting for about 40% of total cases pending in various courts either as petitioner or respondent. The sheer volume of work and lack of enough equipped manpower often leave the decision of whether to file an appeal in a limbo till higher-ups take a view of it. Besides, the decision to reduce government litigation has not trickled down.

Justice Sathasivam said: “The government departments are under a special obligation to ensure that they perform their duties with due diligence and commitment. Condoning of delay is an exception and should not be used as an anticipated benefit for government departments.”

He said the law must weigh every litigant on the same scale and “should not be swirled for the benefit of few”. On the case at hand, the court slammed the postal department, saying “From day one the department or the persons concerned have not evinced diligence in prosecuting the matter to this court by taking appropriate steps”.

http://timesofindia.indiatimes.com/india/No-more-leniency-to-govts-in-delayed-appeals-SC/articleshow/12039556.cms