Millennium Post

SC bar association supports NJAC Act

SC bar association supports NJAC Act
“There is unanimity in the view that there are serious pitfalls in the collegium system,” SCBA president and senior advocate Dushyant Dave told a three-judge bench headed by Justice A R Dave. The government of the day is free to notify the Act at a “politically opportune” time, the bar leader said, adding, “the Constitutional amendments are never stayed by the courts and even for staying an Act, extreme caution should be exercised and it can be done in the rarest of rare cases.”

He said that the pleas, challenging the validity of the Constitutional Amendment Act & the National Judicial Appointments Commission (NJAC) Act, are “premature” as they have not been notified.

“You cannot test a law on the premise that it may be abused in future,” Dave told the bench, also comprising justices J Chelameswar and Madan B Lokur and sought dismissal of pleas opposing the laws.

Referring to senior advocate F S Nariman’s arguments against the laws, Dave said, “Mr. Nariman has said it publicly he is sad that he appeared in the second judges case (which had paved way for collegium system)”.  

In his rejoinder submissions, Attorney General (AG) Mukul Rohatgi, appearing for the Centre, took his defence to the laws to a higher level and said, “even if the Act is notified tomorrow, there would not be any cause of action unless it is operational and something happens in a specific case.”

SC refers Teesta's bail plea to larger bench, extends relief

The Supreme Court on Thursday referred to a larger bench the anticipatory bail plea of Teesta Setalvad and her husband in the alleged embezzlement of funds for a museum at Ahmedabad's Gulbarg Society devastated in 2002 riots and extended its interim order protecting them against arrest. A bench headed by Justice Dipak Misra, which had reserved its order on Setalvad's plea exactly a month ago, said that the larger bench will have to consider as to whether a person can be granted anticipatory bail when issues like liberty and fair and effective probe are to be decided simultaneously.

SC frames guidelines on co-op society members removal

The Supreme Court on Thursday laid down a slew of guidelines on removal of an office bearer in a cooperative society including that a motion of no confidence against a person "shall" be moved only after two years of his assuming the office. The guidelines were issued in a verdict by which the apex court dismissed an appeal of Vipulbhai M Chaudhary, former chairman of the Gujarat Cooperative Milk Marketing Federation that markets its products under the Amul brand, against his ouster from the office following the passage of no confidence motion in the society.
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