Prolawctor Daily Legal News Update| 29 August 2020


Daily Legal News Update

  • CLAT examination postponed again’ from the date 7th to 28th of September 2020:

Due to the corona pandemic, the examination of various departments are either suspended or postponed.
So today on 28 August , the Consortium of National Law Universities has rescheduled the Common Law Admission Test (CLAT) 2020 examination which was going to be held on September 7, 2020. By to the decision of Consortium, the CLAT 2020 exam for both Under Graduate (UG) candidates and Post Graduate(PG) candidates will be held on September 28 for the duration of 2hrs( from 2:00 pm to 4:00 pm).

It is also declared that the Admit card of the CLAT examination,2020 will be available soon to the candidates. It is also held that the all the precautionary measures for the corona Pandemic will be taken for the safety and protection of the candidates coming for the examination.

  • Appointment of Justice H.S.Kempanna as the claim commissioner to find out and estimate the damage caused in the Bangalore riots

The clashes between the police and the people started around the residence of the legislator named Akhanda Srinivas Murthy and spread to the police stations of KG Halli and DJ Halli. The incident resulted in the imposition of a Curfew in the affected areas of Banglore, the death of 3 people in police firing and injuries to 30–80 policemen as well as several journalists, inflicted by armed assailants. The property of the legislator was also torched during the period of violence.

Because the Bangalore Riot the High court of Karnataka has appointed the retired judge Justice H.S.Kempanna( claim commissioner) who will look after and find out the estimate of the damages of the riots as well as the investigation of the liability the case that held at KG Halli and DJ Halli. For the necessary infrastructure in the riot a division consisting of Justice Ashok S Kinagi and Chief Justice Shreeniwas Oka passed the order and directed the state government of Karnataka for the consultancy with retired judge Justice H.S.Kempanna( claim commissioner).
They had passed some direction regarding the various damages which includes the:

  • infrastructure
  • remuneration
  • notification regarding the appointment
  • all the benefits
  • wide publicity of the appointment
  • summoning witness.
  • Restrain from telecasting _”Bindas Bol”_ programme : Delhi HC says.

A plea has been filed in the Delhi HC against centre, UPSC, Sudarshan TV and its chief editor in relation with a programme named BINDAS BOL which is scheduled to telecast at 8:00 pm today. A trailer has been released by TV channel which became viral on social media claimed to be big expose on infiltration of muslims in government service. As the show soughts to defame and attack the hatred against Jamia Milia Islamia, it’s alumni and Muslim Community. One of the respondents has allegedly stated that terrorists or jihadis who are the students from Jamia Milia Islamia University may soon be the authorities of the state which may ruin the internal and external powers. After all the arguments by either sides the court restrained the TV channel not to telecast the show till the next hearing and ordered the centre to place a decision before the court. The adjourned the next hearing to September 7.

  • AIBE on November 8 : BCI announces schedule

AIBE is a national level examination conducted by the BCI which filter outs the eligible lawyers who had great aptitude to practice law after the LLB. The All India Bar Exam is conducted once in a year which is intiallyscheduled to be held on August 16. But due to the pandemic the exam has been postponed. BCI released new schedule on Thursday which announced that the AIBE would be held on November 8 and also stated that the situation is uncertain it might extend the exam date. The last date for submission of the forms is October 24. The admit cards for the exam will be released through online on October 31.

  • Government Funding is very minimal- NLSIU informs Karnataka HC.

On Thursday, a division bech of Justice B V Nagarathna and Justice Ravi V Hosmani of Karnataka HC was hearing the matter in case of 25% domicile reservation given in NLSIU (National Law School Of India University). Senior Counsel Advocate Uday Holla for University, on Thursday informs the HC that NLSIU is not a state University like others and the executive of the university has not yet passed any kind of resolution in the domicile reservation percentage and believes that it shall follow the decision of the court on this matter.The Counsel also showed the budget of the university where the funding from government is approximately Rs.50 Lakhs which is been the same since 16 years, and states that the funding is pretty much normal amd nothing extraordinary.

This reservation was introduced by the government of Karnataka by inclusion of sec 4 in the National Law School of India Amendment Act, 2020; wherein 25% domicile reservation would be provided and the university executive council has not yet taken a decision on it and aks the court to give its decision. The hearing is adjourned til 31st August.

  • Review petition filed by 6 Cabinet Ministers against the SC order of non postponement of NEET and JEE.

A three judge bench comprising Justice Arun Mishra, Justice B R Gavai and Justice Krishna Murari heard the matter regarding the postponement of NEET and JEE on 17th August, and passed an order against the Students pleas who were seeking postponement of the Exams, the apex Court ruled that students future cannot be taken for garanted and qouted that Life Must Go On.

To this 6 cabinet ministers of opposition, namely

  • Moloy Ghatak ( Minister-in-Charge, Government of West Bengal),
  • Dr. Rameshwar Oraon( Cabinet Minister, Government of Jharkhand),
  • Dr. Raghu Sharma(Cabinet Minister, Government of Rajasthan),
  • Amarjeet Bhagat(Minister, Government of Chhattisgarh),
  • Balbir Singh Sidhu(Cabinet Minister, Government of Punjab), and
  • Uday Ravindra Samant(Minister, Government of Maharashtra)

have filed a review petition against the the order of August 17. Stating that the apex court’s statement was not favourable for students appearing for these exams during the pandemic scenario.

The opposition ministers have also showed the inefficiency on part of the ruling government that they have failed to take proper care of conduction of exams. The petitioners have filed this plea as to discharge their public duty.

  • The Activists raise a query that centre is ‘Trying to Undermine RTI’ by delaying the chief of CIC’s appointment.

Following the retirement of Bimal Julka, the chief of CIC (Chief Information Commissioner), a week ago; The centre still has not appointed a new chief. Despite the directions given by the apex court last year, directing the centre to initiate the process of appointment a few months prior to vacancy of the post.

Further, at the moment there are four vacancies, with just six information commissioners holing the office instead of eleven. In the petition filed, the petitioner, Anjali Bhardwaj, stated that “trying to undermine the RTI Act & frustrate people’s ability to seek information to hold the government to account” further the petition highlighted the need for a CIC chief without which the structure of RTI will be undermined, “if the CIC does not have a Chief Information Commissioner or required strength of commissioners, it adversely affects the functioning of the RTI Act and frustrates people’s right to know”.

The petitioner also stated that “not a single Information Commissioner has been appointed by the government since it came to power in May 2014, without citizens having to approach courts. The process of filling up the remaining vacant IC post has also stalled after the coronavirus epidemic started. With the CIC working at barely half its sanctioned strength, the pendency of cases is likely to cross the 36,000 mark soon”.

  • The apex court rejects a plea citing the reason that ‘COVID-19 cannot be a ground for postponing elections’.

The court while hearing a petition filed by Avinash Thakur, urging the court to postpone the elections of Bihar assembly until the state is COVID 19 free. The bench constituting of Justice Ashok Bhushan, Justices R. S. Reddy and M. R. Shah left the matter to be decided by the Election Commission. The court questioned the petitioner that “How can we ask the EC to not hold elections?”. The petitioner concluded his argument by stating that human life should be placed above the elections, however, the bench stated that the aforementioned plea cannot be entertained by citing that “COVID-19 cannot be a ground for postponing elections”.

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