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SCAORA urges CJI to restore physical court hearings from July.

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The Supreme Court Advocates on Record Association (SCAORA) has urged  the Chief Justice of India SA Bobde to restore working of the Courts in a physical setting, from July 2020.

In a letter on Tuesday,  SCAORA President Shivaji M Jadhav said that Open Court hearings are the spine of our system and that virtual courts are not a substitute for physical courts. The letter draws attention of the CJI towards the difficulties being faced by the lawyers in coping up with the system of the virtual courts.

The SCAORA president apprises the CJI that almost 90 percent of lawyers are not comfortable with the virtual court hearings and are unable to present their cases effectively via the virtual medium.

“In the matter involving several parties and appearance by many lawyers, not all lawyers are given a chance to speak and sometimes their mics are put on mute by the coordinator as a result of which their matters get heard in their absence,” the letter says, adding there are problems with audio and video quality of hearings, which results  in  the  lawyers  not  being  able  to  effective  put forth their arguments.

The letter also highlights that there are still several lawyers who are outside Delhi/NCR and in their respective hometowns, who don’t have access to their files and thus unable to participate effectively in the virtual court hearings.

“Many times, when a senior advocate or arguing counsel appears, he/she is left to appear on their own. The AOR/briefing lawyer is unable to assist them effectively in this virtual medium,” says the letter.

The SCAORA president has also highlighted problems being faced by the lawyers in e-filing.

“Many times, all documents filed through E-filing are not available with the Bench.  After filing matters, the registry takes its own time to scrutinize matters. Lawyers are having to follow up and give several reminders to the registry officials. The defect curing mechanism as well as the registration of matters are problematic areas that need urgent re-consideration.”

The association has also apprised the CJI about the financial crunch being faced by several lawyers due to the coronavirus induced lockdown.

“Most  lawyers  are  facing  severe  financial  problems  during  this pandemic, due to staggered working of Courts for the past three months.”

The letter adds that unless the normal functioning of Courts is resumed, the said concern will not abate.

Requesting the CJI to resume physical court hearings upon re-opening in July 2020 after summer vacations, the SCAORA letter also suggests several precautionary measures for the physical functioning of the court.

“The total number of matters be split into two slots, to be taken up before  lunch  and post-lunch.  Every  lawyer  could  be  required  to compulsorily leave the Courtroom after his/her matter is over. A limited number of lawyers per matter be allowed, such as only the concerned AOR with Senior Advocate or arguing Counsel and one junior lawyer.”

Apart from suggesting well-known precautions like sanitation, wearing masks; the letter further suggests that “the existing distance between the lawyers and Judges be increased. The quality and working of mics be improved so that lawyers can be heard even from a distance”.

SCAORA President Jadhav also appreciated the Supreme Court for its effort to provide access to justice in these difficult times of Covid-19 Pandemic, and expressed gratitude for the provision of the new E-Filing module software.

2024 Lok Sabha Elections

PM Modi calls for a strong government, says even enemies think 100 times before doing anything

PM Modi pointed out that Pakistan had been troubling India for 70 years and it had bombs in its hands. But today the situation has changed and it has begging bowl in its hands. He said when there is a strong government, enemies tremble

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PM Modi calls for a strong government, says even enemies think 100 times before doing anything

Prime Minister Narendra Modi addressed an election rally in Haryana’s Ambala on Saturday and said India’s enemies think 100 times before doing anything against the country when there is a strong government at the Centre. Haryana, which has a total of 10 Lok Sabha seats, will vote in the 6th phase on May 25. In 2019 elections BJP claimed victory in all 10 seats.

PM Modi pointed out that Pakistan had been troubling India for 70 years and it had bombs in its hands. But today the situation has changed and it has begging bowl in its hands. He said when there is a strong government, enemies tremble. Addressing the election rally at Ambala the prime minister asked if a weak government could have changed the situation in Jammu & Kashmir? He recalled the times when there was a Congress government and brave mothers of Haryana used to be worried day and night. He said it has been 10 years now and all of that has stopped.

PM Modi recounted BJP government’s achievements and said they had demolished the wall of Article 370 and Kashmir started moving on the path of development. The prime minister said that a total of 17 days remain to go for 4th June.  He further added that until now in 4 phases of elections, Congress and the INDI Alliance, chaaron khaane chitt ho chuke hain. He said whatever tactics the INDI Alliance used for the country have all been beaten by the public itself.

Addressing the election rally PM Modi said Haryana is a state which has patriotism in its veins and knows anti-national forces very well. The prime minister guaranteed to the people that their dreams are his resolution. PM Modi said there are 4 pillars of Viksit Bharat – poor, youth, women and farmers and he wants to strengthen all these pillars in such a way that the nation becomes strong.

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2024 Lok Sabha Elections

Mallikarjun Kharge accuses PM Modi of inciting people and dividing society through his election speeches

Kharge said no prime minister before Modi has ever indulged in inciting people like he has been doing. He said the prime minister speaks about democracy repeatedly but does not adhere to the tenets of democracy.

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Congress president Mallikarjun Kharge on Saturday attacked Prime Minister Narendra Modi for inciting people and dividing society through his election speeches. Kharge was addressing a press conference of the INDIA bloc, where Shiv Sena (UBT) president, Uddhav Thackeray NCP (SP) chief Sharad Pawar and other leaders were present.

Kharge said no prime minister before Modi has ever indulged in inciting people like he has been doing. He said the prime minister speaks about democracy repeatedly but does not adhere to the tenets of democracy. Responding to PM Modi’s statement that the Congress will bulldoze the Ram mandir in Ayodhya and also restore Article 370 if the INDIA bloc is voted to power Kharge said, they have never used a bulldozer on anyone. The Congress president said PM Modi has the habit of lying and inciting people about things which Congress will never do or the things that are impossible to be implemented.

Kharge further added that he is not answerable to Modi and the Congress will implement what they have promised in their election manifesto. He accused PM Modi of creating divisions wherever he went he tries to create division, speaks of dividing society. Kharge further added that PM Modi had described the Congress manifesto as Muslim League manifesto, but now he is calling it as a Maoist manifesto.

The Congress President assured that reservation has been enshrined in the Constitution which will continue and nobody can touch it. Speaking at the press conference Thackeray said, Achche din are coming from June 4 (when Lok Sabha election results will be declared) when INDIA bloc-led government will come to power at the centre. Thackeray pointed out PM Modi calls Shiv Sena (UBT) as the nakli (fake) Shiv Sena, and there is a possibility that tomorrow he may call RSS as nakli Sangh.  

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India News

Delhi Police arrest Bibhav Kumar for allegedly assaulting AAP MP Swati Maliwal

In her complaint, Swati Maliwal accused Arvind Kejriwal’s personal assistant of repeatedly slapping her and kicking her in the stomach and pelvic area when she went to the Delhi Chief Minister’s residence on May 13.

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The Delhi Police on Saturday arrested Bibhav Kumar, aide and former personal secretary of Delhi CM Arvind Kejriwal in connection with the alleged assault of AAP MP Swati Maliwal. The development comes 2 days after Delhi Police registered a case against Kumar following a complaint by Maliwal. In her complaint, Maliwal accused Arvind Kejriwal’s personal assistant of repeatedly slapping her and kicking her in the stomach and pelvic area when she went to the Delhi Chief Minister’s residence on May 13.

On Saturday, AAP minister Atishi claimed the BJP made Swati Maliwal file the FIR using an old ACB case as leverage. She said Anti Corruption Bureau of the BJP has filed a case against Swati Maliwal regarding the illegal recruitment of contractual employees in Delhi Commission for Women. A chargesheet has been filed and the time of conviction is coming and the AAP party said that it believes that Swati Maliwal is being included in the conspiracy by using this case. Atishi said how the entire machinery of BJP, from Delhi Police to the MHA is working, was seen yesterday in Tis Hazari Court.

On Friday, the Delhi Police took Swati Maliwal to the Delhi chief minister’s residence to recreate the crime scene. Her statement was recorded before a magistrate at the Tis Hazari court. A counter-complaint has been filed by Bibhav Kumar with the Civil Lines police station in which he alleged that Maliwal had forcefully and unauthorised entered the Delhi CM’s residence.

 He also claimed that the former Delhi Commission for Women chairperson tried to create a ruckus and assault him. Kejriwal’s aide also claimed that the Rajya Sabha MP intended to harm the AAP chief and he strongly objected. Bibhav Kumar said a copy of the FIR has been sent to all the media houses by the BJP but BJP’s police are saying that they cannot give it to the accused.

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