‘Write judgments with clarity on laws & facts’

‘Write judgments with clarity on laws & facts’

SC Concerned Over Some HC Judges’ Verdicts

AmitAnand.Choudhary@timesgroup.com

New Delhi:08.09.2021

The Supreme Court on Tuesday underscored the need for high court judges to be clear and precise on facts and laws while writing verdicts, saying that “it is not adequate that a decision is accurate, it must also be reasonable, logical and easily comprehensible”.

Expressing concern over some of the judgments written by HC judges, a bench of Justices D Y Chandrachud and M R Shah said it was very difficult to appreciate what the judge wants to convey through the judgment and the court is forced to remand the case for fresh consideration.

Observing that a verdict, delivered by Allahabad HC while granting bail to five life convicts, lacked clarity, the bench said that it is very unfortunate that the SC bench has to explain how the judgment should be written and and what should be contained in it. The SC set aside the bail orders.

“A judgment should be coherent, systematic and logically organised. It should enable the reader to trace the fact to a logical conclusion on the basis of legal principles. It is pertinent to examine the important elements in a judgment in order to fully understand the art of reading a judgment,” the bench said.

“The judgment replicates the individuality of the judge and therefore it is indispensable that it should be written with care and caution. The reasoning in the judgment should be intelligible and logical. Clarity and precision should be the goal. All conclusions should be supported by reasons duly recorded. The findings and directions should be precise and specific. Writing judgments is an art (and) involves skilful application of law and logic,” the bench said. Though the bench said that it is conscious that judges are overburdened with work, but said that quality can never be sacrificed for quantity.

“...whenever a judgment is written, it should have clarity on facts; on submissions made on behalf of the rival parties; discussion on law points and thereafter reasoning and the ultimate conclusion and findings and the operative portion of the order. There must be a clarity on the final relief granted. “ it said.

Observing that a verdict, delivered by Allahabad HC while granting bail to five life convicts, lacked clarity, the bench said that it is very unfortunate that the SC bench has to explain how the judgment should be written and and what should be contained in it

TN AGRI UNIVERSITY ADMISSIONS 2021-22

 

Retd govt bank employee ties himself to tree to protest felling

Retd govt bank employee ties himself to tree to protest felling

Shivani.Azad@timesgroup.com

Dehradun:08.09.2021

Shoppers at a major market in Rishikesh were greeted with a strange sight on Tuesday morning — an elderly man tied to a tree. Hemant Gupta, a retired senior clerk at a government bank, sat quietly under a peepal tree, a yellow rope wrapped around his torso.

The 64-year-old man had sent multiple letters to authorities to protest against trees that were being felled for a national highway. When he didn’t hear back from them, he decided to take matters into his own hands. “I want to make sure they don’t fell another tree. I’m not against the development of the highway but we must find a way to preserve the trees, perhaps, transplant the younger ones elsewhere,” said Gupta.

Gupta is ready to “adopt” the trees and exhaust his savings to bear their transplantation and maintenance expenses. “I will break my fixed deposits if I have to. But our environment must be protected,” he said.

Full report on www.toi.in

SILENT PROTEST: Hemant Gupta under the peepal tree

Jayaraj-Bennix case: SC refuses bail to two cops

Jayaraj-Bennix case: SC refuses bail to two cops

TIMES NEWS NETWORK

Chennai:08.09.2021

The Supreme Court has declined to grant bail to two police officers – inspector S Sridhar and sub-inspector P Raghu Ganesh – in connection with the death of trader P Jayaraj and his son J Bennix in June 2020 due to custodial torture by Sathankulam police in Tuticorin district. “…considering the facts and circumstances, at this stage, we are not inclined to interfere with the high court’s order refusing bail,” held a division bench of Justice Vineet Sarann and Justice Dinesh Maheshwari on Tuesday.

On June 19, 2020, Jayaraj, 59, and Bennix, 31, were picked up by Sathankulam police on charges of keeping their mobile phone shop open during pandemic lockdown hours. Due to brutal third-degree treatment in custody, the two suffered severe injuries. While still in judicial custody, Bennix died at Kovilpatti hospital on June 22, and Jayaraj died the next day. Owing to public uproar, Tamil Nadu government handed over the case to CBI, which has filed chargesheet as well. Trial is on at present.

On Tuesday, S Nagamuthu, senior counsel representing inspector Sridhar and Raghu Ganesh, argued in the Supreme Court that the father-son duo did not die due to the injuries sustained at the police station, and that they died due to respiratory illness and heart ailment. As the accused officers would not abscond, they should be enlarged on bail, he argued.

Additional solicitor general KM Natraj, representing the CBI, however, pointed to photographs and forensic reports and said there were at least 18 injuries recorded on the victims’ bodies.

Senior advocate Indira Jaisingh, representing Bennix’s mother, said the two officers were very much present at the station when the victims were being tortured. Noting that two eye witnesses have gathered courage and gave statements against their senior officers, Jaisingh said enlarging the police officers on bail at this stage would collapse the trial.

Workers, doctors welcome TN bill on right to sit

Workers, doctors welcome TN bill on right to sit

TIMES NEWS NETWORK

Chennai:08.09.2021

The state government’s bill mandating all shops and establishments to facilitate seating arrangements for their workers and staff has brought cheer among workers and healthcare professionals.

On Monday, Minister for Labour Welfare and Skill Development C V Ganesan introduced a Bill to amend the Tamil Nadu Shops and Establishments Act, 1947, making it mandatory for shops and establishments to provide seating arrangements for employees working in shops and commercial establishments.

“Considering the plight of the employees, the premises of every establishment shall have suitable seating arrangements for all employees so that they may take advantage of any opportunity to sit which may occur in the course of their work and thereby avoid ‘on their toes’ situation throughout the working hours,” the bill stated.

Women workers in large shopping centres like in T Nagar and Purasawalkam are elated at the announcement as seating arrangements for shopfloor workers and salespersons are not enough. For those with health issues, standing for hours at a stretch takes a toll on their health, doctors said.

In 2018, neighbouring Kerala passed a legislation mandating seating arrangements after women workers protested condemning the same.

Dr N Sekar, former president, Vascular Society of India, said a common health ailment in people who stand for long hours is varicose vein, found among traffic cops, sales persons, waiters and those working in factory units.

Dr Sekar explained that blood tends to stagnate in the leg for those who stand for long hours. Since veins in the calf region have to push the blood back to the heart, there has to be a movement of muscles. If left unattended, blood vessels start enlarging leading to ulcers, blood clots or chronic inflammation on legs.

“As a vascular surgeon, I feel happy about the government’s move. It provides me immense happiness that workers will be offered dignity and respect at their workplace. My hope is that other states adopt it too,” said Dr J Amalorpavanathan, Director of Vascular Surgery (Retd), Madras Medical College and member, Planning commission of Tamil Nadu.

BIG RELIEF: A worker at a textile showroom in T Nagar. A common health ailment in people who stand for long hours is varicose veins

Graft: Govt official gets 2 years in jail

Graft: Govt official gets 2 years in jail

TIMES NEWS NETWORK

Chennai:08.09.2021

A former assistant executive engineer with the market management committee, Koyambedu wholesale market complex, has been found guilty of graft charges by a special court that also sentenced him for two years imprisonment.

He had demanded a bribe of ₹30,000 from a person who ran a tea stall within the market premises and abused his position as a public servant by threatening the tea stall owner that his shop will be sealed if he did not accede to the official’s demands.

According to the prosecution, M Sivalingam, the former government official had approached the tea shop within the Kamarajar flower market premises on November 3, 2014 and demanded a bribe.

After negotiations, the official had agreed to take an amount of ₹5,000 initially. Unwilling to pay the amount, the tea stall owner preferred a complaint against the official with the vigilance and anti-corruption department.

A trap was laid and on November 17, the accused official met the tea stall owner, who gave chemically coated currency notes to the official. DVAC officials caught him red-handed while accepting the bribe.

Can’t stop probe in Kodanad case, truth must come out: SC

Can’t stop probe in Kodanad case, truth must come out: SC

Chennai:08.09.2021

In a leg-up to the state government’s decision to initiate further probe into the Kodanad estate murder and burglary case, the Supreme Court on Tuesday declined to interfere with the investigation and said “the truth must come out”. Ruling on a special leave petition filed by Anubhav Ravi, an AIADMK functionary, who opposed further investigation, saying it would delay the ongoing trial in the Nilgiris sessions court, a bench headed by Justice D Y Chandrachud sought to dismiss the petition. But it then declared it as withdrawn after senior counsel Siddharth Luthra, representing Ravi, sought the court’s permission to withdraw the plea.

The order may have political ramifications as decks have now been cleared for the TN police to summon and interrogate witnesses and suspects. The case concerns the murder of a security guard and burglary at Kodanad estate, co-owned by former CM Jayalalithaa and her friend V K Sasikala, in 2017. Sasikala was lodged in a Bengaluru jail then. Chargesheet had been filed against 11 suspects and the trial had reached an advanced stage when the new DMK government cited several loopholes and began further probe. TNN