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President of India has appointed Justice Antony Dominic, senior-most Judge of Kerala High Court, as the Acting Chief Justice of Kerala High Court with effect from 6th  November, 2017 consequent upon the retirement of present Chief Justice Justice Navaniti Prasad Singh.Justice Dominic started his practice in Munsiff’s Court and JFCM, Kanjirappally in the year 1981. He then shifted practice to the High Court of Kerala at Ernakulam in 1986.He was appointed as Additional Judge of the Kerala High Court with effect from 30-01-2007. He was appointed as Permanent Judge of the High Court of Kerala with effect from 02-12-2008. Read the Notification Here … [Read more...] about Justice Antony Dominic Appointed As Acting Chief Justice Of Kerala HC [Read Notification]

Fair and competent investigation in a criminal case is the backbone of criminal justice in any society.The  Supreme Court of India has time and again reiterated the imperative necessity of fair investigation and trial. Fair investigation and trial in a criminal case have been read as part and parcel of Article 21 of the Constitution of India which guarantees to every person the fundamental right to life and liberty.In Babu Bhai vs State of Gujarat (2010), the Supreme Court stated as follows: “………Not only fair trial but fair investigation is also part of constitutional rights guaranteed under Articles 20 and 21 of the Constitution of India. Therefore, investigation must be fair, transparent and judicious as it is the minimum requirement of rule of law. The investigating agency cannot be permitted to conduct an investigation in a tainted and biased manner. Where non-interference of the court would ultimately result in failure of justice, the court must … [Read more...] about #WheresTheDNA: DNA Evidence: Right To Fair Investigation And Trial

The Delhi High Court, on Monday, upheld the upper age limit prescribed by the AAP Government for admissions to entry level classes.The Bench comprising Acting Chief Justice Gita Mittal and Justice C. Hari Shankar, however, clarified that the admissions processed during the stay on the notification will not be disturbed.The Court was hearing two Petitions challenging a notification passed in December, 2015, whereby the Government of Delhi had prescribed the upper age limits. The notification had also prescribed different age limits for children with mental disabilities.During a recent hearing, the Court took note of an earlier order passed in April this year, wherein it had directed that the prescription be placed in public domain and be widely publicized. It further noted that the impugned notification had been premised on the report of an expert body, in order to ensure that the children attend age-appropriate classes.With an expectation that its earlier orders in the case have been … [Read more...] about Delhi HC Upholds Upper Age Limit For Nursery Admissions In Schools [Read Judgment]

Supreme Court of India (SC) recently asked the union government to finalize the Memorandum of Procedure (MoP) for the appointments and transfers in the higher judiciary. Since the Supreme Court’s National Judicial Appointments Commission (NJAC) decision of October, 2015 talks of finalization of new MoP are going on; but union government is insisting on ‘national security clause’. According to the union government, it must have the power to reject any name for appointment in the higher judiciary for reasons of ‘national security’. This would be like giving ‘veto’ to the union government to reject any name recommended by the SC’s collegium. The SC opposed this clause as it is of the view that under the garb of ‘national security’ independence of judiciary might be jeopardized. SC’s collegium wants its own primacy in the appointment and transfer processes. SC’s rejection of this clause seems to be an attempt to make … [Read more...] about Supreme Court Starts Doing What It Preaches; But Much More Needs To Be Done

The Code of Criminal Procedure and the Indian Evidence Act were enacted at a time when modern scientific advancement and DNA tests were not even in the contemplation of Parliament or legislature. Worldwide, it has been proven that the results of DNA test, if conducted in conformity with modern and latest protocol on the subject, are scientifically accurate.There is an urgent need to incorporate some provisions in the Indian Evidence Act, 1872, and the Code of Criminal Procedure, 1973, to manage science and technology issues.Due to lack of such provision, investigating officers face trouble in collecting evidence that involves modern mechanism to prove the accused guilty.Section 53 of the Code of Criminal Procedure, 1973, authorises a police officer to get the assistance of a medical practitioner in good faith for the purpose of the investigation. But, it does not enable a complainant collect blood, semen etc for bringing criminal charges against the accused. The CrPC (Amendment) Act, … [Read more...] about #WheresTheDNA: DNA & Indian Legal System: Code Of Criminal Procedure & Indian Evidence Act Must Be Amended