judiciary | Business Upturn

India and Bangladesh embrace dynamic constitutional traditions, Says Chief Justice

Rai Sinha — Sat, 24 Feb 2024 15:18:43 +0000

In a landmark gathering underscoring the symbiotic relationship between India and Bangladesh’s legal systems, Chief Justice of India, D Y Chandrachud, emphasized the living nature of their constitutions. Speaking at the valedictory function of a two-day conference attended by Bangladesh Prime Minister Sheikh Hasina, Chief Justice Chandrachud highlighted the shared commitment to constitutional dynamism.

Both nations, he stated, regard their constitutions as “living documents,” a sentiment encapsulating their dedication to adaptability and progress. Chief Justice Chandrachud underscored the significance of this shared ethos, emphasizing the evolution of legal systems to meet contemporary challenges while upholding foundational principles.

The conference, chaired by Bangladesh’s Chief Justice Obaidul Hassan, saw active participation from eminent jurists, senior lawyers, and government officials, reflecting the gravity of the discussions. President Mohammad Shahabuddin inaugurated the event, setting the stage for deliberations on “South Asian Constitutional Courts in the Twenty-First Century: Lessons from Bangladesh and India.”

Chief Justice Chandrachud advocated for a shift towards mediation as a preferred method of dispute resolution, advocating for a departure from adversarial litigations inherited from colonial legacies. He highlighted mediation’s compatibility with South Asian social norms and its potential to mitigate modern challenges, particularly in resolving matrimonial disputes.

Furthermore, Chief Justice Chandrachud underscored the evolving role of judges in post-colonial contexts, emphasizing the imperative of societal inclusivity and progress. He emphasized the need for judges to act not only as adjudicators but also as facilitators of social growth, particularly for marginalized communities.

The Chief Justice also emphasized the departure from colonial-era constitutional frameworks, affirming the commitment of both nations to prioritize the welfare of their citizens over consolidating colonial power structures. Notably, he highlighted the synergy between Indian and Bangladeshi constitutional courts in interpreting fundamental rights, equality, and other key doctrines, while acknowledging the importance of balancing similarities and divergences.

Prime Minister Hasina, in her address, reiterated her government’s commitment to judicial independence and electoral integrity. She emphasized the allocation of a separate budget for the judiciary, underscoring her administration’s efforts to uphold the rule of law and ensure the rights of citizens.

Hasina reaffirmed her dedication to justice and emphasized the centrality of democratic, economic, social, and cultural rights for all Bangladeshis. Her remarks echoed the collective aspiration for a just and equitable society, underscoring the shared commitment of both nations to uphold the principles of democracy and justice.

Thus, in conclusion, the conference served as a platform for deepening bilateral legal cooperation between India and Bangladesh, reaffirming their shared commitment to constitutional vitality, judicial independence, and societal progress. As both nations navigate the complexities of the twenty-first century, their dynamic legal traditions stand as pillars of stability and progress.

Pakistan government prepares bill for those ridicule army, judiciary

Aryan Jakhar — Sun, 05 Feb 2023 01:58:47 +0000

Pakistan’s government has proposed legislation to amend the Penal Code (PPC) and the Code of Criminal Procedure (CrPC). According to the bill, anybody who disparages the Pakistani army or courts would face up to five years in prison, according to ANI, quoting Dawn news.

The Pakistan Ministry of Law and Justice reviewed the proposed law. The Ministry of Interior began it for the Prime Minister and the federal cabinet. The purpose of the soon-to-be proposed measure is outlined in a cabinet summary, since social media has recently been replete with criticism of the army and judiciary.

According to sources, the law will be presented to the federal cabinet shortly. The bill, the Criminal Laws (Amendment) Act, 2023, proposes a new Section 500A. The new part is headed “Intentional mockery or scandalization of public institutions, etc.”

According to the new bill, anyone who publishes or distributes information through any medium with the intent to ridicule or scandalise the judiciary, the armed forces, or any of their members will be guilty of an offence punishable by simple imprisonment for a term of up to five years, a fine of up to one million Pakistani rupees (PKR), or both.

Meanwhile, Section 500A has been amended to specify that the offender will be arrested without a warrant and that the charge will be non-bailable and non-compoundable. The arrest can be challenged in a session court.

According to the cabinet summary, Pakistan has lately experienced a series of scandalous, insulting, and savage attacks on several state institutions, including the judiciary and the military forces, as reported by Dawn.

According to Dawn, such attacks aim to undermine the integrity, stability, and independence of Pakistan’s governmental institutions. While appearing in the media, judicial and military authorities do not have the ability to come forward and refute insulting and scandalous statements.

Supreme Court Justice MR Shah suffers heart attack, reportedly critical

News Desk — Thu, 16 Jun 2022 11:00:07 +0000

On Thursday, Supreme Court Justice MR Shah suffered a heart attack. Justice MR Shah is being rushed to the national capital in an air ambulance from Himachal Pradesh, according to reports. The SC Justice is reportedly in a critical state.

Reacting to this, Bharatiya Janata Party spokesperson Gaurav Bhatia tweeted, “Hon’ble Justice MR Shah Judge Supreme Court of India has suffered a heart attack while he was in Himachal Pradesh. Arrangements being made to rush him to Delhi. Praying to God for his speedy recovery.”

Hon'ble Justice MR Shah Judge Supreme Court of India has suffered a heart attack while he was in Himachal Pradesh. Arrangements being made to rush him to Delhi. Praying to God for his speedy recovery. 🙏

— Gaurav Bhatia गौरव भाटिया 🇮🇳 (@gauravbhatiabjp) June 16, 2022

The Supreme Court is coordinating with the Home Ministry to transport him to Delhi via air ambulance for treatment. Justice MR Shah previously served as the Chief Justice of the Patna High Court. He is also a former Gujarat High Court Judge. He will retire on May 15, 2023.