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Showing posts with label Yogesh Naik. Show all posts
Showing posts with label Yogesh Naik. Show all posts

Monday, March 14, 2011

CJI Kapadia laments lawyers' disinterest in law - Times of India


Chief Justice of India S H Kapadia on Saturday rued the fact that neither senior lawyers nor students of law take any real interest in their subject - law.
"Senior lawyers are not contributing to development of law, as they used to do in the past. Even young students do not take interest in this pursuit. Earlier in the Supreme Court, such students used to come, sit in courtrooms and take notes. But now they disappear in five minutes. They are more interested in transaction matters. There is nothing wrong in it. But how many can now argue on reasonableness?," said Justice Kapadia.
The CJI was speaking on 'Constitutional Morality' at the sixth Justice P D Desai Memorial Lecture organised by the Praleen Charitable Trust here.
Justice Kapadia advised students from various universities present at the function not to rely totally on information downloaded from internet. "Please do not go by guides and internet. You have to put in hard work. Money will not make you happy, but it's the learning that will," he said adding that the future generation of lawyers should be able to argue on doctrine of reasonableness and principles.
The CJI praised India for its vastness of opportunities by citing his own example as how he began his career as a peon in a Parsi trust and how he reached the top post of judiciary. "Ability may take you to the top, but you require character to remain on the top," he said advising young lawyers to maintain integrity in their profession.
Justice Kapadia also advised judges not to lecture society. "The problem is that sometimes we judges impose our own values, our own likes or dislikes on the society. The judges should keep in mind that we cannot judge the wisdom of legislatures. We have to work for constitutional principles. I have no right to say what others should do, but I have to perform the duty on constitutional principles," he said.

Saturday, December 26, 2009

Impeachment procedure does not work in reality : Justice Kumar - High Court judge fires another salvo -Deccanherald


High Court judge fires another salvo
Bangalore Dec 25 DH News Service


In yet another salvo, Justice V Shylendra Kumar, on Friday, said in clear terms that acts of misconduct and misdemeanour on the part of the some judges of the higher judiciary amounted to gross violation of the principle of judicial accountability.


In an article titled ‘Judicial Accountability’, written for the Conference of Karnataka State Advocates which will be inaugurated in Hubli on December 27, Justice Kumar refers to, without taking names, the inaction and inertia of the higher judiciary in relation to the strong allegations of corruption and misdemeanour against Karnataka Chief Justice P D Dinakaran. Justice Kumar’s article which is posted on his website (http://sites.google.com/site.justdvskumar), comes a few days after five judges of the HC including he, held a closed door meeting on Justice Dinakaran continuing to discharge administrative duties.


Referring to the impeachment motion moved against Justice Dinakaran in the Rajya Sabha recently, Justice Kumar holds the view that for the present, there is no other mechanism to discipline an errant judge of a superior court. He says “If the past experience is any indication, the impeachment procedure does not work in reality and practice. More so in the present political system in the country with fragmented political parties and views.”


Stating that the impeachment mechanism is not a ‘practical methodology of disciplining an errant judge of a superior court,’ Justice Kumar in effect, hints at a more foolproof system of accountability since he believes that superior court judges are immune from any oversight.  Virtually questioning the moral authority of the Chief Justice of India (in the backdrop of CJI K G Balakrishnan’s role in la affaire Dinakaran) Justice Kumar says that the CJI’s “moral authority to ensure that erring judges fall in place and behave themselves is a misnomer and misconception.”


In this context, Justice Kumar points out that “the moral authority of the CJI is of no value or significance, unless it can have some binding effect, which is not provided under the Constitution.”  He goes on to liken the CJI to a fangless serpent who can only hiss and not bite.


Clearly directing his ire against Justice Dinakaran and indicating that he “is a brazen person on whom no moral authority binds,” Justice Kumar indirectly seeks a stronger mechanism to ensure that errant judges are held accountable. He exhorts the lawyers to ensure that the judges conduct themselves in a proper manner in discharging their judicial functions.

Thursday, November 26, 2009

Karwar Lawyers Pay Homage to the 26-11 Victims


We, as small Group of Lawyers friends at Karwar paid Homage to the valiant Heroes and the innocent victims of the 26-11 Mumbai Terror Attacks, at the residence/office Mr. Pradeep M Naik Advocate.
Mumbai's prominent landmarks like the Leopold Cafe, Cama Hospital, Oberoi Trident, Chhatrapati Shivaji Terminus, Taj Mahal Palace and Tower, Nariman House fell prey to the Pakistan based Lashkar-e-Toiba operatives. Several brave officers of the Mumbai Police force like Joint Commissioner of Police, Anti-Terrorist Squad, Hemant Karkare, Police Inspector, Anti Extortion Cell, Vijay Salaskar and Additional Commissioner of Police Ashok Kamte fell prey to the bullets. National Security Guards and Marine Commandos were summoned to bring the situation under control. The NGS also lost its two personnel, Major Sandeep Unnikrishnan and Commando Gajendra Singh. The day is a tribute to all those martyrs who gave up their lives to ensure others could live to tell their tales and a salute to the bravery of those who survived. CNN-IBN
Attending the Homage ceremony at Karwar Lawyer Pradeep M Naik's house, were Anil Mayekar, Anirudh Haldipurkar, Jagadish Harwadekar, Ramnath Bhat, Yogesh Naik, Nagaraj Deshbhandari, Varada Naik, Vinayak Naik, A. D. Naik, Ramnath Parulekar, Jyoti Mirashi, Gajanan P Tarikar, Ashwini Gowda, etc. Advocate Kiran Naik sang patriot songs and 2 minutes of silence was observed.




The first anniversary of the horrific 26/11 Mumbai terror carnage was also the 60th anniversary of the adoption of the Indian constitution but sadly, this did not get the attention it deserved, a Rajya Sabha MP lamented Thursday. ‘This morning, when we assembled, we paid tribute to the victims of the 26/11 attack. But we have forgotten that our constitution was adopted on 26th November 1949. Today is the 60th anniversary of that momentous event,’ Bharatiya Janata Party member S.S. Ahluwalia said during zero hour. ‘Sadly, there is no mention of this in the media. Parliament too has forgotten about it. There was not even a bouquet placed in the Central Hall where the constitution was adopted,’ Ahluwalia added.
Source: 26/11 anniversary is also 60th anniversary of constitution’s adoption 60th anniversary, ahluwalia, indian constitution, rajya sabha

A year later, the entire nation has come together to observe the first anniversary of the 26/11 attacks and pay homage to the 166 people who lost their lives. Indian Express
Nation observes first anniversary of 26/11


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Wednesday, August 6, 2008

Militant's say in the Additional Sessions Court at Mysore

Source – The Hindu - http://www.thehindu.com/2008/08/06/stories/2008080656560100.htm

“MYSORE: Rejecting the free legal aid offered to him by the court, the suspected militant from Pakistan Mohammed Fahad has informed the Mysore court that he would like to defend himself on the terror charges framed against him by the police.
After the charges were read out to Fahad and co-accused Ali Hussain in the III Additional Sessions Court in Mysore on Wednesday, the judge, Uma, asked Fahad to avail of the free legal aid services. Fahad rejected the offer and sought permission to write to Pakistan High Commission for a counsel to defend him. When the judge said it was not possible for the court to issue any directions in the regard, Fahad said he would argue the case himself.
Special Public Prosecutor Ashwini Kumar Joshi told The Hindu that the court has fixed September 5 as the next date of hearing.
"The accused said that he does not trust the Indian Lawyers, and needs a lawyer from Pakistan." As reported by a National Television News Channel TV-9.