SOP On Hybrid Hearing- “If Your Lordships Feel That Judges Are Above The Law, We Will Have To Take The Law In Our Hands”:SCBA President Tells SC

first_imgTop StoriesSOP On Hybrid Hearing- “If Your Lordships Feel That Judges Are Above The Law, We Will Have To Take The Law In Our Hands”:SCBA President Tells SC Mehal Jain23 March 2021 1:02 AMShare This – xOn the issue of the SOP formulated for the hybrid system of hearings, the Supreme Court on Tuesday closed the proceedings in the writ petition filed by the SCBA, noting that the matter cannot be dealt with on the judicial side of the court.The bench of Justices S. K. Kaul and R. Subhash Reddy recorded that the Coordination Committee had held meetings on February 3, February 4 and February…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginOn the issue of the SOP formulated for the hybrid system of hearings, the Supreme Court on Tuesday closed the proceedings in the writ petition filed by the SCBA, noting that the matter cannot be dealt with on the judicial side of the court.The bench of Justices S. K. Kaul and R. Subhash Reddy recorded that the Coordination Committee had held meetings on February 3, February 4 and February 13 which was attended by the members of the SCBA and the SCAORA, where principal item of agenda was the preparation of the SOP. After the recommendations had been received on February 10, on February 13, the various facets of a hybrid system were discussed. On March 4, the Committee considered all relevant materials, including the opinion of medical experts, and resolved that a hybrid system may commence from March 15; that the SOP was passed after detailed consultation with the SCBA and the SCAORA. All the relevant material, including the recommendations, were placed before the CJI and the SOP came to be published on March 5.The bench also noted that it was envisaged that should there be any grievances as to any part or term of the SOP, suggestions for modification of the same may be placed before the Committee. The bench further recorded the submission of SCBA President Mr. Vikas Singh that the earlier meeting with the registry did not consider the perspective of the bar and their problems. “We asked him if it is acceptable for him to made make any suggestions for modifications, which may be put up for discussion with the Registry. He submits that the SCBA wishes to discuss the matter only with the Judges Committee. There seems to be an impasse on the issue. The course suggested by the Committee is not acceptable to the bar”, said the bench in its order.”This is not a subject to be discussed under Article 32. It pertains to the administrative working of the court. We endeavoured to facilitate an interaction. It is not acceptable to the bar. We are of the view that on the judicial side, nothing further can be done. Hence, we close these proceedings”, observed the bench.”What is upsetting is that we will not even told! There was no communication at all! We were not even called for the meeting! Your Lordships had passed a judicial order, does it have no value? This is no way to go about things! This is a matter of fundamental rights for our members who are in a problem! We were not even consulted!? We tried our best to have meetings, but we were not called at all! Are we are not a stakeholder in the institution?”, Vikas Singh submitted.”If you pitch it so high, there will be complications. Is the bar to run the registry?”, remarked Justice Kaul.”What kind of justice delivery system is this? Are we not an integral part of it? Are we to beg to the Committee to hear us? We wrote to the chief Justice, there was no meeting even after that! Your Lordships said that we be given a hearing, it was not done! What kind of justice is being rendered in this country? This is really sad! “, urged Mr Singh.”Your Lordships come secured, you have the glass partitions! The problem is with us! We are not even being called to discuss? There is one registrar who is doing everything! The Committee is saying that there are technical issues, but there are no technical issue for us!”, he pressed. “As a Bar Association, do we have a right to be heard before you decide or not? Should we now take to the streets? “, continued Mr. Singh vehemently.”We don’t want to go back before the Committee! It was the registrar who gave the earlier hearing, there was no discussion. He was rude and he said that whatever SOP is to be there will be decided by the judges. It is the Judge Committee which decided, not the registry! They did not even give us an audience! They did not even hear the problems of the bar! Are we untouchables? There was a detailed letter by the President of the Bar, with the full consent of the bar! Is this how this Court dispenses justice? “, he continued.”Why are you saying ‘untouchables’?”, said Justice Reddy.”There are certain suggestions that we can make. If they are not acceptable to you, there is not much which can be done. This is a matter on the administrative side of the Court”, observed Justice Kaul.”The administration needs an overhaul! We are not ready to make suggestions to the Registrar General! There has to be an appreciation of the problems faced by the bar!…There is method by which Your Lordships come to the courtroom. Your Lordships are in a sterile room…If the Judges Committee cannot meet the representatives of the bar, there is something wrong! Then I can’t control the bar, if they choose to do a ‘gherao’ of the judges! Don’t blame me for what happens later! If they take to the streets, I am not to be blamed! The lower court bar is also there, they have been patient so far! This has never happened anywhere else in the world, that the bar is saying that there is no justice! “, argued Mr Singh.”Please issue notice! Let them file an affidavit! Let them say who were all there in the meeting, what was discussed! The Secretary General did not even tell us about the response”, went on Mr Singh aggressively.”We take it that you are not interested in suggesting any modifications to the SOP?”, asked Justice Kaul. “The SOP was formulated without me. It has to go! The new SOP can come only with our consultation! This is my stand and it will not be diluted!”, replied Mr Singh.The bench then proceeded to dictate its order.”I can’t hear Your Lordships’ order! I can’t hear anything that you are saying. This is the way the bar is treated! “, interrupted Mr Singh. “If you can’t hear, then you can’t hear. This is enough!”, stated Justice Kaul.”Please record what I am saying also, not just their stand”, Mr. Singh intervened to say. “We are only recording the minutes of the meeting! Now what you are doing is an obstruction of court proceedings!”, observed Justice Kaul.As the bench disposed off the proceedings, Mr. Singh advanced, “Your Lordships have said in several matters that an agitational path must not be adopted. But now don’t blame us for what happens. If we can’t be heard, please don’t say anything later! Even affidavits cannot be called? The Supreme Court think it is above justice? Whatever they decide is to be final? We are very sorry that the Judges Committee cannot even reach us!”As the bench took up the matters pertaining to the Delhi High Court and the district courts, Supreme Court senior advocate Mahalakshmi Pavuni sought to make an intervention on behalf of the SCBA- “We wish to have a healthy dialogue. Our President got emotional. At the previous Committee meeting, there were differences between the 21 of us. After that, not even one single meeting was attended by anyone. Our President was not present even on February 13. Your Lordships may choose the person and we are ready to have a nice dialogue. We are at the apex and the country looks up to us”, she urged.”We told Mr. Singh to not get ballistic. If a seven-judge committee chose not to hear someone, we can’t issue them a mandamus”, observed Justice Kaul.”So the registry takes a decision and the judges can’t meet us? I have no interest in meeting the judges! It is for the bar that I want to! “, argued Mr Singh, reappearing, even as Ms. Pavuni tries to calm him down. “Please, sir, please… I am sorry, Your Lordships”, she pleaded.”In today’s society, everybody is in a belligerent mood! Do what you please!”, said Justice Kaul.”Very well! We will do whatever we do now! Let’s see where we go then! If Your Lordships feel that the judges are above the law, we will have to take the law in our hands!”, declared Mr. Singh.Sr. Adv Geeta Luthra appeared and made submissions with respect to trial courts/district courts the state of affair in terms of crowd gathering and its management. The DHCBA President Sh Mohit Mathur assured Sr. Adv Geeta Luthra that she along with her other representatives would be given personal hearing on WEBEX on the issues raised. Supreme Court also observed that the issues with respect to the quasi-judicial bodies will also be dealt with by the administrative side of the High Court of Delhi.Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Truck driver narrowly escapes fatal accident

first_img 32 Views   no discussions LocalNews Truck driver narrowly escapes fatal accident by: – May 25, 2012 The remains of the truck after rolling over the cliff. Photo credit: Robert TongeOne truck driver is counting his lucky stars having escaped what could have been a fatal accident.Randel Christopher while driving a trailer truck on Thursday morning, experienced complications and jumped off in an effort to save his life before the truck rolled over a cliff.According to police spokesman inspector John Carbon, Christopher was driving north just entering the village of Mahaut in the vicinity of the first bus stop.“He was driving a trailer truck registration number TB 957 which was not attached to a container at time when he experienced some difficulty with his brakes, he jumped out and the truck rolled over”.Christopher was at the time travelling alone and did not sustain any injuries as a result however the truck was extensively damaged.He reported the incident to the Mahaut Police Station.Dominica Vibes News Share Sharing is caring!center_img Share Share Tweetlast_img read more

Gerrard ‘will end career at Liverpool’

first_img Liverpool boss Brendan Rodgers has confirmed he will hold talks with Gerrard over a new contract and is convinced he can play into his late 30s. Carragher, who is retiring at the end of the season, admits striker Luis Suarez is now close to rivalling Gerrard as the best player he has played alongside for the Reds. The spot-kick against Villa was awarded for a challenge on Suarez who shrugged off the tiredness from his World Cup qualifier exertions and travelling with Uruguay to produce another dynamic performance. Carragher said: “Every side has a couple of players in the side you hope can turn things for you and Luis does it on a weekly basis. I’ve played with a lot of top players here and I’ve always said Stevie was the best player I’ve played with. But Luis is definitely on his shoulder, he is very close.” Liverpool came from behind to win a Barclays Premier League game for the first time in two years with Jordan Henderson cancelling out Villa striker Christian Benteke’s opener. It was their third victory in four games but Carragher is playing down talk of challenging for a European spot. He said: “Winning that game (against Villa) now makes Southampton look like a blip because we were on a good run. But I don’t really look too far ahead and to be honest if you asked most of the lads, they wouldn’t even know what position would get us into Europe.” Gerrard, 32, deservedly won the man of the match award in Liverpool’s 2-1 win at Aston Villa on Sunday and scored the winner from the penalty spot. Carragher said: “I’m sure Stevie will sign a contract and finish his career at Liverpool the way I’ve done. There is no doubt about that. I’m sure he’ll sit down and sort it out in the next couple of months. Steve will be finishing his career at Liverpool. He is ‘captain fantastic’ every week.” Jamie Carragher believes Liverpool skipper Steven Gerrard will follow his example and end his career at Anfield by signing a new contract.center_img Press Associationlast_img read more

Man City 2 – 4 Aston Villa

first_imgManchester City suffered a shock Capital One Cup third round extra time defeat by Aston Villa.Mario Balotelli drove in a shot to put the home side in front before Gareth Barry turned an Andreas Weimann cross into his own net for Villa’s equaliser.Aleksandar Kolarov’s free-kick put City back ahead but Gabriel Agbonlahor swept in a shot as Villa levelled again.In extra-time, Charles N’Zogbia slotted in after a parried shot by Agbonlahor, whose deflected strike sealed the win.The League Cup may not have been high up on City manager Roberto Mancini’s list of priorities this season but the defeat and the manner of it will be a concern.His side has already conceded 13 goals in seven games this season as City struggle to recapture the defensive qualities which helped them win the Premier League last season. Villa’s win follows a 4-1 league defeat by Southampton on Saturday and will give their manager Paul Lambert plenty of encouragement.City made 10 changes to their team which drew 1-1 with Arsenal on Sunday, although it was going to be 11 before centre-back Joleon Lescott replaced injured Jack Rodwell late on.The alteration appeared to unsettle the home side as they made a sluggish start, while Villa were showing plenty of promise and purpose.Weimann had a shot deflected wide and Christian Benteke blazed an effort over before the visitors lost their concentration and were clinically punished by City.City midfielder James Milner, playing against his former club, found an unmarked Balotelli and he took a touch before driving in a shot for his sixth goal in four games against Villa. The home side came out with more urgency after the break but, like the opener, the second goal came against the run of play as Villa equalised.Weimann delivered a cross into the City area which was palmed out by keeper Costel Pantilimon and deflected off Barry for an own goal.City regained the lead through a a superb Kolarov free-kick and appeared set to surge on to victory, with Carlos Tevez firing a free-kick on to the top of Villa crossbar.But the visitors refused to be beaten as they showed fighting spirit and character, which was matched by Lambert on the touchline as he was involved in a touchline confrontation with Mancini following a tackle on the pitch.And it was Agbonlahor who forced extra time when he used his pace to surge into the area before rifling home. In the extra 30 minutes, City failed to find the guile to break down a resolute Villa side and the visitors capitalised on the counter-attack to knock City out.Pantilimon could only parry Agbonlahor’s shot and N’Zogbia rolled in the rebound.Agbonlahor then scored with a deflected strike, his brace being his first goals since January, to complete the fightback.last_img read more

Clippers players go to the tape together to problem-solve

first_imgBut there’s another remedy that’s proved effective this season for the Clippers – who play at Phoenix (24-34) on Wednesday (6 p.m., Fox Sports Prime Ticket) – whenever they’ve started to slip: Players-only film study.The Clippers (38-19) had plans to practice on Sunday, but Rivers revised the agenda at the last minute. He opted instead to hold a film session, probably because his players had already started the work.“Came in as a team and watched film,” Clippers forward JaMychal Green said. “Just kind of critiqued everything, made some changes for our mistakes. We’re a smart team, a lot of players with a lot of years under their belt. The IQ on this team is very high so, it’s pretty much easy.”“I’m up in the office with my coaches and they all watch the game together,” Rivers concurred. “But they’ve been doing that, I don’t think the game (against Sacramento) is what prompted it.“What I love, what they’re doing that really I’ve never done, is they send the clips of what they’re not sure of, what they need explanations on, things they think they should have done better. They’re self-critiquing. And, from a coach’s standpoint, it’s been great for me because I can see what they’re thinking. I don’t know who came up with it, but it’s been good for me.” Clippers’ Paul George: ‘If I make shots, this series could be a little different’ Rivers described sitting down with one of the team’s video coordinators after the players have identified the clips that illustrate concerns or questions.“So, when we come together, I can explain what they don’t understand, and we can get on the same page about things,” Rivers said. “I question why I haven’t done it before.”Maybe because not every group is equipped to take on such a process responsibly and constructively?“You have to have the right group, that’s honest enough,” Rivers said. “And they’ve been honest enough with the film.”“Got to,” Green said. “That’s the only way it’s gonna work. This is a team where you can be yourself and be real and not bite your tongue; we know ain’t nobody saying anything in a bad way, so don’t nobody take it in the wrong way.”Center Ivica Zubac said there’s always something to learn from game video, and something to be gained by watching it with teammates: “We usually agree on the stuff and it’s helpful to get it out there and solve the issues together.”THE SAME, BUT DIFFERENTForgive Paul George if it takes him a minute to get used to saying “Marcus.”Related Articles Game 4 photos: Luka Doncic, Mavs shock Clippers in overtime That’s because last season in Oklahoma City, he played with Markieff Morris, who, like his identical twin, Marcus, is a tough-playing veteran forward.Marcus joined the Clippers at the trade deadline as part of a three-team deal; Markieff signed with the Lakers this week.“It was weird at first,” George said. “‘What’s up, Marcus, nice to meet you.’ And instantly after that, ‘Hey Kieff!’ It’s going to take a second, give me a second.“They’re different, but they’re the same. They have different mentalities, but they are the same kind of person in terms of how they approach the game and how they play the game. So it’s dope to be teammates with both of them and see the differences and see the similarities. It’s pretty unique.” What the Clippers are saying the day after Luka Doncic’s game-winner tied series, 2-2 center_img For Lakers’ LeBron James, Jacob Blake’s shooting is bigger issue than a big Game 4 victory Newsroom GuidelinesNews TipsContact UsReport an Error LOS ANGELES — The Clippers shot 39.1 percent on Saturday, turned over the ball 19 times, recorded just 20 assists and lost to a Sacramento Kings team that appears lottery-bound.On Tuesday, Doc Rivers’ squad shot 50 percent, limited their turnovers to 12, and compiled 33 assists, the second most this season, as it trounced the potentially playoff-bound Memphis Grizzles by 27 points.Turns out it helps a team’s performance – and its spirit – to have a fully healthy roster, something the Clippers have experienced only five times this season.Timing is a thing, too: The Clippers were shaking off All-Star break rust while the Kings had warmed up by beating the Grizzlies; the Grizzlies had just lost two consecutive games and their second-leading scorer, Jaren Jackson Jr., to a sprained knee. Clippers hope they can play to their capabilities, quell Mavericks’ momentum last_img read more