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Urgent need to examine adjournment of court cases: President Ram Nath Kovind

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[vc_row][vc_column][vc_column_text]Addressing the National Law Day conference, President Ram Nath Kovind says the well-off use judicial process to delay cases they do not want resolved

Should repeated adjournments of court cases, a practice that is largely responsible for denial of speedy justice and the long pendency of disputes in various courts, be re-examined and restricted only to cases of emergency? This seemed to be the moot point raised by President Ram Nath Kovind, on Saturday, as he inaugurated a two-day conference to mark the occasion of the National Law Day.

Emphasising on the need to ensure speedy justice with a greater efficiency, President Kovind said that although there is pride to be taken in India’s judiciary and its independence, “it is a paradox that the poor often shy away from a legal battle, worried about the duration and the cost” while “the well-off sometimes use the judicial process and its intricacies to delay resolution to issues they simply do not want resolved.”

Asserting that this paradox needs to be addressed, President Kovind called for a need to “examine the issue of adjournments and whether they are to be limited just to absolute emergencies – or continue to be allowed to be used for tactical delays by one party or the other.”

Addressing a gathering of lawmakers, members of the judiciary and eminent jurists, with Lok Sabha Speaker Sumitra Mahajan, Chief Justice of India Dipak Misra and Union minister of state for law and justice, PP Chaudhary, in attendance, President Kovind said that the justice delivery process must be expedited using “instant communication and technology”.

The kovind also insisted that the alternate dispute resolution mechanisms available under the Indian judicial system “have to be looked at very seriously, including in their ability to prevent matters from coming into the courtroom at all.”

The challenges faced by the common man, the poor, in their quest for seeking justice, were also issues red-flagged by the President in his inaugural address.

Speaking about the access to justice for the common person, President Kovind said: “India has acquired a reputation for an expensive legal system. In part this is because of delays, but there is also the question of affordability of fees. Access to justice is not through lawyers alone. It is possible to envision the disposal of civil applications in the absence of advocates.”

Calling for the institutionalization of the lesser employed practice of lawyers extending free legal aid to the needy who can’t afford the high fee demanded by reputed advocates but need justice nevertheless, the President said: “The idea that a relatively poor person cannot reach the doors of justice for a fair hearing only because of financial or similar constraints violates our constitutional values and our republican ethic. It is a burden on our collective conscience.”

The President Ram Nath Kovind also spoke about the need to repeal outdated laws and said that the Centre has “identified around 1,800 laws that require to be removed from the statute books.” In the past three years, Parliament has repealed about 1,200 obsolete and unnecessary laws, he said, adding that this system of doing away with outdated laws “will decongest the statute books and promote ease of governance.”

Highlighting the need for the legal system and judiciary to stay current with Internet law and cyberspace regulation as we enter, what he called the Fourth Industrial Revolution, President Kovind said constant innovations in the field of technology will “call for greater specialisation and mid-career updating of skills” in the legal fraternity.[/vc_column_text][/vc_column][/vc_row]

India News

Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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