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CJI slams ‘media trials’, terms it ‘kangaroo courts’

Rapping the biased views appearing on social media, Ramana said: “Ill-informed and agenda-driven debates on issues involving justice delivery are proving to be detrimental to the health of democracy.”..reports Asian Lite News

Chief Justice N.V. Ramana on Saturday hit out at electronic and social media ‘trials’, saying that media run ‘kangaroo courts’ at times on issues and even experienced judges find it difficult to decide.

Speaking at the inaugural ‘Justice S. B. Sinha Memorial Lecture’ on “Life of a Judge” organised by National University of Study & Research in Law, Ranchi, the Chief Justice stressed the need to ensure proper judicial infrastructure, the problems created by media trial in judicial administration, future challenges of the judiciary and the importance of judicial review in protection of the Constitution.

Asserting that we are living in a complex society, Ramana said that the role of a person holding a position in the judiciary or governance becomes extremely crucial as their decisions at critical junctures influence the growth and progress of humanity.

“Doing justice is not an easy responsibility. It is becoming increasingly challenging with each passing day,” he said, pointing out the increasing number of media trials.

“New media tools have the enormous amplifying ability but appear to be incapable of distinguishing between the right and the wrong, the good and the bad and the real and the fake. Media trials cannot be a guiding factor in deciding cases,” he said in the speech.

Rapping the biased views appearing on social media, he said: “Ill-informed and agenda-driven debates on issues involving justice delivery are proving to be detrimental to the health of democracy.”

He said further that biased views propagated by media are affecting people, weakening democracy, and harming the system.

In the process, justice delivery gets adversely affected. “By overstepping and breaching your responsibility, you are taking our democracy two steps backward,” he blasted.

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CJI RAMANA: 20 judges per 10 lakh population is alarmingly low

The CJI emphasized that policy making is not the court’s domain, but if a citizen moves, the courts cannot say no, reports Asian Lite News

Chief Justice of India (CJI) N.V. Ramana on Saturday said it is only the judicial process that is adversarial, and not the judges or their judgments, and also pointed out that 20 judges per 10 lakh population was alarmingly low.

The CJI emphasized that policy making is not the court’s domain, but if a citizen moves, the courts cannot say no.

He made the remarks while addressing the 11th joint conference of Chief Ministers and Chief Justices.

“Please be generous in creating more posts and filling the same, so that our judge-to-population ratio is comparable to advanced democracies. As per sanctioned strength, we have just around 20 judges per 10 lakh population, which is alarmingly low,” he said.

The conference was attended by Prime Minister Narendra Modi, Union Law Minister Kiren Rijiju, Minister of State S.P. Baghel, Supreme Court judges, High Court Chief Justices and Chief Ministers.

CJI Ramana said that as of today, out of 1,104 sanctioned posts of high court judges, there are 388 vacancies, and out of 180 recommendations, 126 appointments have been made for various High Court.

He added that 50 proposals are still awaiting approval by the Centre and the High Court have sent around 100 names to the Union government, which are yet to reach the apex court.

“When we last met in 2016, the sanctioned strength of judicial officers in the country was 20,811. Now, it is 24,112, which is an increase of 16 per cent in six years. On the other hand, in the corresponding period, pendency in district courts has gone up from 2 crore 65 lakhs to 4 crore 11 lakhs, which is an increase of 54.64 per cent. This data shows how inadequate the increase in the sanctioned strength is,” the CJI said.

He pointed out that decisions of the courts were not implemented by the government for years, which resulted in contempt petitions, which is a new category of burden.

He added that deliberate inactions by the governments, despite judicial pronouncements, are not good for the health of democracy.

“Please remember, it is only the judicial process that is adversarial. Not the judges or their judgments. We are merely discharging our constitutionally assigned role. Judgments are meant for delivering justice and should be seen as such.

“While discharging our duties, we all must be mindful of the ‘Lakshman Rekha’. The judiciary would never come in the way of governance, if it is in accordance with law. We share your anxiety and concern regarding the welfare of the people.

“The judiciary is also confronted with the issue of the executive willingly transferring the burden of decision making to it. Although policy making is not our domain, but, if a citizen comes to the court with a prayer to address his grievance, the courts cannot say no,” the CJI further said.

Justice Ramana further stressed that the 140-crore population of the country is bound to test its judiciary, and no other constitutional court in the world hears such a wide range of issues in such large numbers.

Ramana
Chief Justice of the Supreme Court of India Nuthalapati Venkata Ramana

Citing factors for docket explosion in India, the CJI said: “If a tehsildar acts upon a grievance of a farmer regarding land survey, or a ration card, the farmer would not think of approaching the court. If a municipal authority or a gram panchayat discharges its duties properly, the citizens need not look to courts.”

He further added that if revenue authorities acquire land through due process of law, the courts would not be burdened by land disputes and these cases account for 66 per cent of the pendency.

Justice Ramana said if police investigations are fair, if illegal arrests and custodial torture come to an end, then no victim will have to approach the courts.

He said it is beyond his understanding as to why intra and inter departmental disputes of the government or fights between PSUs and the government end up in courts.

“Abiding by law and the constitution, is the key to good governance. However, this is often ignored, and opinions of legal departments are not sought in the rush to implement executive decisions,” the CJI said, adding that lack of special prosecutors and standing counsels is one of the major issues that needs to be addressed.

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Threat to human rights highest in police stations, says CJI

Justice Ramana was delivering the keynote address at an event organised by the National Legal Services Authority of India…reports Asian Lite News

Chief Justice N.V. Ramana on Sunday said the threat to human rights and bodily integrity are the highest in police stations and even the privileged are not spared the third-degree treatment.

Justice Ramana was delivering the keynote address at an event organised by the National Legal Services Authority of India (NALSA) to launch the “vision and mission statement” and the mobile app for NALSA.

Emphasizing human rights and dignity are sacrosanct, the Chief Justice said: “The threat to human rights and bodily integrity are the highest in police stations. Custodial torture and other police atrocities are problems which still prevail in our society. Going by the recent reports even the privileged are not spared third-degree treatment”.

He stressed that in spite of constitutional declarations and guarantees, lack of effective legal representation at the police stations is a huge detriment to arrested or detained persons. He emphasized that the decisions taken in these early hours will later determine the ability of the accused to defend himself.

“To keep police excesses in check dissemination of information about the constitutional right to legal aid and availability of free legal aid services is necessary. The installation of display boards and outdoor hoardings in every police station/prison is a step in this direction”, he said.

For a society to remain governed by the rule of law, the Chief Justice said it is imperative to bridge the gap of accessibility to justice between the highly privileged and the most vulnerable.

“The realities of socio-economic diversity which prevail in our nation, cannot ever be a reason for denial of rights. If, as an institution, the judiciary wants to garner the faith of the citizens, we have to make everyone feel assured that we exist for them. For the longest time, the vulnerable population has lived outside the system of justice,” he added.

He added that despite the Covid-19 pandemic, we have successfully been able to continue our legal aid services.

“Majority of those who do not have access to justice are from rural and remote areas which suffer from lack of connectivity. I have already written to the government emphasizing the need to bridge the digital divide on a priority basis”, he added.

Citing NALSA has roped in Department of Post, the Chief Justice said: “The services of the existing postal network can be utilized to spread awareness regarding the availability of free legal aid services and to increase the outreach of legal services to the eligible category of persons, especially to the persons residing in rural and far-flung areas of the country”.

Concluding the address, he cited Martin Luther King Junior, “Every step towards the goal of justice requires sacrifice, suffering and struggle, the tireless exertion and passionate concern of dedicated individuals”.

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Justice NV Ramana sworn in as Chief Justice of India

Justice Ramana took over as Chief Justice after the retirement of Justice S.A. Bobde on April 23, reports Asian Lite News

President Ram Nath Kovind on Saturday administered oath of office to 48th Chief Justice of India Justice N.V. Ramana in presence of Prime Minister Narendra Modi, Vice-President Venkaiah Naidu and other dignitaries at Rashtrapati Bhavan.

As the Chief Justice of India, Justice Ramana will have a term till August 26, 2022. Before his elevation to the Supreme Court on February 17, 2014, Justice Ramana was the chief justice of the Delhi High Court. Justice Ramana was appointed as judge of the Andhra Pradesh High Court in 2000. He has also been the acting Chief Justice of the Andhra Pradesh high Court.

On April 6, the President had signed on the appointment of Justice N.V. Ramana as the next Chief Justice of India. Justice Ramana took over as Chief Justice after the retirement of Justice S.A. Bobde on April 23.

Chief Justice
At a ceremony held today (April 24, 2021) at 1100 hrs in the Ashoka Hall, Rashtrapati Bhavan, Justice Nuthalapati Venkata Ramana, was sworn in as the Chief Justice of the Supreme Court of India. He made and subscribed to the oath of office before the President.

In October 2020, a huge controversy had erupted as the Andhra Pradesh chief minister had written to the then Chief Justice alleging state’s High Court was being used to “destabilize and topple his democratically elected government”. The letter alleged that Justice Ramana was trying to control the High Court and also trying to influence cases, which impact the state government. However, an in-house inquiry did not find any merit in these allegations.

Justice Ramana has presided over several high-profile cases in the top court. In March last year, Justice Ramana headed five-judge Constitution bench which declined to refer to a larger seven-judge bench a batch of petitions challenging the constitutional validity of the Centre’s decision to revoke provisions of Article 370, which gave special status to the erstwhile state of Jammu and Kashmir.

In Anuradha Bhasin v. Union of India, January last year, Justice Ramana expounded on the nature of fundamental rights and declared that the right to freedom of speech and expression over the internet is a fundamental right. This judgment ensured the eventual return of internet in the Kashmir Valley.

Ramana
At a ceremony held at 1100 hrs in the Ashoka Hall, Rashtrapati Bhavan, Justice Nuthalapati Venkata Ramana, was sworn in as the Chief Justice of the Supreme Court of India.

In Foundation for Media Professionals v. State (UT OF J&K) matter, where petitioners sought high-speed internet, Justice Ramana headed bench which balanced the fundamental rights and the concerns of the state security and appointed a special committee to ensure that restrictions, if required, are narrowly tailored and not permanent in nature.

Justice Ramana also headed a three-judge bench which dealt with the legal questions emerging from the resignation of 17 rebel MLAs of Congress and JDS of Karnataka. Justice Ramana headed bench, also ordered expediting trial in pending cases against former and sitting MPs and MLAs.

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