Aviation_day&Judiciary

Dear all,
Welcome.

April 12 was celebrated as International day for Aviation and Cosmonautics.

Apartheid: Dr. Nelson Mandela, who fought against Apartheid, had got his health being improved. After addressing Neonatal Care at Johannesburg, his wife stated that she could come only due to his being better. He had been in hospital for ten days.

Coins/Notes: If 50 paise is found out of circulation, it could result in its closure. Also, RBI is considering for issuing of Plastic notes as they are considered eco-friendly. It is more costlier than the now-in-circulation notes. It's life would also be more.

VIP Constituency: The Gandhi's traditional constituency, Amethi, is not existing as district place as per Allahabad's High Court. The Court had directed that its regions like Sultanpur & Raibareilly would be included as per original map. A two member bench had given the decision.

Judges: The Mumbai High Court Chief Justice is worried about availability of Qualified/ Competent Judges. At a conference of Bar Council of Maharashtra&Goa, he stated that training courses for appearing candidates should be run. If Judges aren't available, it would affect judicial system. It would create chaos. The no. of Judges in other States amount to 13-15 per 10 lakh of population. In 2010, recruitment drive for 100 Judges was done oout of which many good candidates were found but during 2011, only 41 were found. Also during the year 2012, only 55 out of 159 vacancies could be filled.
District Court Judges are also not found as only two were found out of 29 vacant posts. The High Court proceedings could be in English whereas District Court Judges should write 50% decisions in Marathi and remaining in English.

Mercy Petitions: Delay in justice had been cited in many of the pending mercy petitions before the President of India. But as per Supreme Court, it cannot be the sole basis of such pardoning. Recently, in a matter regarding 1993 Mumbai blasts the judgement given by the said Court's Bench had been referenced. Besides delay, other factors had to be considered. In Triveni ben's case, the said Bench had given detailed decision. As per it, the time taken during Court proceedings would not be considered as delay. It would start from the petition date upto the execution of sentence as per retired High Court justice, Chattisgarh. But as per Allahabad's HC, it could be a basis for such petition. He had talked about special directions for Governor's & President's pardoning right. But such questions are violation of those rights and had been rejected. It had been argued by counsel of Ranga Billa case.
Had the delay been the basis for pardoning, Dhananjay Chatterjee's petition could have been accepted. Also, the Court had rejected such pleas in Indira Gandhi's execution case. The filing of petition by third party is a subject matter of discussion. The petition had been rejected on the basis of locus(right to file). If a PIL is rejected for acquittals, then they themselves file such petitions. A case cited in this regard is that of Ex-Justice Ramasamy, whose wife had filed a case. In that case, the five member bench had taken undertaking from the said Justice that he would be bound by the decision, whatever it may be. Later came the third party's petition.
With regards,

 

M.K.Pachraiya