Showing posts with label High Court. Show all posts
Showing posts with label High Court. Show all posts

Thursday, October 06, 2011

Justice Pramod Kohli appointed as the Chief Justice of the Sikkim High Court


Gangtok: Justice Pramod Kohli of the Punjab and Haryana High Court has been elevated as the Chief Justice of the Sikkim High Court. The orders were officially conveyed to the High Court on Wednesday. At the same time, the Supreme Court has also issued the transfer orders of other two judges being Justice Mahindra Pal Singh and Justice Ajay Lamba. Justice Mahindra Pal Singh has been transferred to Gujarat High Court and Justice Lamba is slated to be transferred to either to the Allahabad or Orissa High Court. Justice Kohli joined the Bar at Jammu after enrollment on 12 October 1972. He was appointed Additional Advocate General of the state during Governor's rule in the year 1990 and took over as the Advocate General in December 1990. He continued as Advocate General till January 1992 and was designated a senior advocate in April 1991. He was later appointed Additional Judge of the High Court of Jammu & Kashmir on 07 January 2003 and as permanent Judge on 03 January 2005. He was later transferred to Jharkhand High Court, Ranchi and took oath on 04 May 2006. Thereafter, he was later transferred to Punjab and Haryana High Court and took oath on 10 May 2007.

Tuesday, July 05, 2011

SUPREME COURT BLOW TO SIKKIM CHIEF JUSTICE DINAKARAN

The Supreme Court today lifted the stay on proceedings against Sikkim high court Chief Justice PD Dinakaran by a Rajya Sabha-appointed panel.
The apex court asked the Rajya Sabha chairman to reconstitute the committee by replacing advocate PP Rao with another jurist.
The court dismissed Dinakaran's plea for quashing the charges framed against him by the committee.

Supreme Court: New panel to probe Sikkim Chief Justice Dinakaran case

The Supreme Court Today pronounced its verdict on Sikkim high court chief justice P D Dinakaran's petition challenging the impeachment proceedings against him for alleged corrupt practices and misconduct. A bench of justices G S Singhvi andC K Prasad had  lifts stay on proceedings against Sikkim High Court Chief Justice P D Dinakaran by the Rajya Sabha-appointed panel. The Apex court has now asked the Rajya Sabha Chairman to reconstitute the committee by replacing advocate P P Rao with another jurist. The Supreme Court also dismisses Dinakaran's plea for quashing the charges framed against him by the Committee.
Rajya Sabha chairman Hamid Ansari had in January 2010 constituted a three-member panel comprising Supreme Court judge justice Aftab Alam, Karnataka high court chief justice J S Khehar and senior advocate P P Rao to examine the 12 charges framed in the notice of motion adopted by the House.

Justice Dinakaran had challenged the proceedings on the ground that the panel had framed additional charges and was also independently conducting investigations and collecting material against him which, according to the judge, was not permissible under law. He has also sought recusal of senior counsel P P Rao.

The charges against the judge include land grabbing, accumulation of unaccounted assets, passing judicial order for extraneous considerations, following which his elevation to the Supreme Court was also stalled.

The apex court had on April 29 stayed the probe by the Rajya Sabha-appointed panel after Dinakaran expressed apprehension of a biased inquiry due to Rao's presence in the panel and that the committee had exceeded its jurisdiction

Sunday, June 19, 2011

Chief Justice PD Dinakaran of the High Court of Sikkim addresses legal awareness session in NorthSikkim

MANGAN, 17 June: A daylong legal awareness session was held here at Namprikdang in Upper Dzongu today by the Sikkim State Legal Services Authority. The function was chaired by Chief Justice PD Dinakaran of the High Court of Sikkim who is also the Patron-in-Chief of the Sikkim State Legal Services Authority. He was accompanied by Justice SP Wangdi of the High Court, Sonam Gyatso Lepcha, Power Minister, Khamsoong Lepcha, North Zilla Adhyaksha, DC [North] TN Kaxi, SP, panchayat and zilla members, officials from the State Legal Services Authority.
The function started with a welcome speech by the DC, following which the Chief Justice introduced the gathered people to the Legal Service Authority and stressed that access to legal recourse was among the basic needs of the society like education and health.
He also explained why legal awareness was important and stressed that citizens aware of their rights and duties also had access to justice. He also observed today that given the geographical location and remoteness of North District, people here required more PHC’s and health centres for which he directed the DC to make a programme for the same.
Commenting on the implementation of MGNREGA, the CJ said that unlike other states, schemes were not being misused here.
Justice Wangdi also spoke on legal awareness and the need for democracy to have alert citizens.
The function also included talks by resource persons like Dr. Dupzor Lepcha and one from Sikkim State AIDS Control Society spoke on HIV/AIDS.
The DDO North spoke on MGNREGA while Mahesh Sharma spoke on consumer Rights.
The Power Minister urged all the people in attendance to convey what they learned at the session today with others in their respective localities.
The function concluded with the vote of thanks proposed by Matilda Isaacs, Joint Secretary, SSLSA

Thursday, June 16, 2011

Sikkim Chief Minister Chamling inaugurates the auditorium hall of High Court of Sikkim

Gangtok: 15th June: Sikkim Chief Minister Dr. Pawan Chamling today inaugurated the auditorium hall of High court of Sikkim. CM Pawan Chamling was the Chief Guest on the occasion .

While addressing the gathering CM said that Sikkim, by general consensus, is the most peaceful state in the country. Over the decades, Government has been able to provide the best example in terms of maintenance of law and order, citizen security and social cohesiveness. Besides being surrounded by three international borders, we have offered the best case of how people living in the border state remain immune to the entire fluid socio- political atmosphere prevailing across the border state. CM further informed that Sikkim is the youngest member of the North East Council and is dedicated towards development of this isolated region connected with the mainland India only through the neck corridor but there still remains this general feeling of negligence amongst the people in the region.
Since the inclusion into the Council, government has been able to fulfill the twin objectives of emotional integration of Sikkimese people with the mainstream and secondly promote the atmosphere of peace and competitive developmental scenario in the region. Through our own innovation, Government have conceived range of development strategies based on rich natural resources found in the state which is being replicated in many other sister states recently. This way, Government has been able to stabilize hill economy, making significant improvement in all the socio-economic indices of the state and the region. Rule of law is paramount in the functioning of state government. In addition to all the democratic dividends, Government have devised special programme for the deprived section of the people, the poor and the vulnerable added CM. All the democratic institutions like the executive, judiciary, legislative and the fourth estate are meant to serve the larger interest of the people and the nation at large, said CM.

While addressing the gathering Chief justice, High Court of Sikkim Justice P.D Dinakaran said that today is a red –letter day in the history of High Court of Sikkim. Chief Minister Pawan Chamling is a political icon of the state and also the most respected and influential leader of this part of our nation. The court is often said to be the temple of justice because among all the virtues, justice is the most wanted for the both, the ruler as well as those who are ruled added Justice Dinakaran. Further more Chief Justice mentioned that justice delivery is, therefore, obligated to deliver prompt and timely justice to the consumer without compromising on the quality of justice, or the element of families, equality and impartiality, otherwise those who seek justice may be constrained to take the law in their own hands. The judiciary is required to shoulder this great responsibility to endure justice, social, economic and political, as articulated in the preamble of our constitution, particularly, when our country is undergoing major socio- economic changes and is emerging as a major power in the globe. The development of the trade and commerce has expanded the sphere of human activity, bringing in its wake difference of opinion, among the various players in different walks of our life, culminating in litigation which, both in volume and variety, has been expanding non –stop added the Chief Justice. Chief Justice further said that undoubtedly, the onerous burden of accommodating these litigants and administering justice to them lies on the judiciary.
The calls for a better and bigger infrastructure to accommodate the ever expanding number of advocates and litigants. The administration of justice is not dependent on the availability of infrastructure alone, but, it is also the duty of the court to ensure ‘the rule of law’ which is the ‘wheel of justice’ informed Chief Justice. The finest hour of law is when the law disciplines life and matches promise in performance. Such goal would be achieved only if the court assures the access to justice for all.

 Further more Chief Justice informed that in this task, the Bar as well as the bench should work shoulder to shoulder and unless there is an outstanding legal fraternity, it may be possible for the bench to write the best possible judgments. If the Courts are the temples of justice, the lawyers are its pillars. The temple without pillars will be odd to imagine. Take way the lawyers, the temple would be without pillars and will tumble down. The Court should serve the society like a tree and provide legitimate shelter to the needy by administering real, speedy and inexpensive justice. To achieve that goal the legal knowledge of the members of the Bar as well as judicial officers are required to be updated.During the programme Video film “Access to justice for all” was also released by the Chief Minister Pawan Chamling. Justice S.P Wangdi Judge, High Court of Sikkim also addressed the gathering.

Thursday, May 19, 2011

Civil Society Allowed As Party In Sikkim High Court Chief Justice P.D. Dinakaran

New Delhi, May 18 (IANS) The Supreme Court Wednesday allowed a plea by a judicial body to be impleaded in the case involving Sikkim High Court Chief Justice P.D. Dinakaran who faces corruption and other charges.

The Forum for Judicial Accountability (FJA) wants to implead in the hearing of the petition by Justice Dinakaran seeking the quashing of the Judges Inquiry Committee (JIC) probing charges of corruption and encroachment of public land by him.

Justice G.S. Singhvi and Justice Chandramauli Kumar Prasad, however, said the FJA would confine itself to oral submissions and would not make any written submissions.

The FJA move was opposed by senior counsel Amarendra Saran, who appeared for Dinakaran and argued there was no scope for a third party to get into the proceedings.

Resuming the inconclusive argument of Monday, Saran told the court that the presence of senior counsel P.P. Rao on JIC was fraught with bias against the petitioner.

Justice Dinakaran has also contested the April 24 order passed by JIC chairman Justice Aftab Alam rejecting his plea for the recusal of Rao from the committee.

He told the court that the impugned proceedings of the JIC were held on Sunday - a day before the scheduled hearing on April 25.

Justice Singhvi said this was not a material factor.

Appearing for JIC, senior counsel U.U. Lalit said Rao was responding to the call of duty after Vice President Hamid Ansari asked him to be a part of the probe committee.

Lalit said that at no stage Rao made any allegations against Justice Dinakaran

Sunday, May 15, 2011

SC to hear Sikkim High Court Justice Dinakaran's plea tomorrow

NEW DELHI: The Supreme Court will hear tomorrow the petition filed by Sikkim High Court Chief Justice P D Dinakaran alleging bias on the part of a Rajya Sabha- appointed panel probing charges of judicial misconduct and corruption against him.

The apex court on April 29 had stayed the probe by the committee after Justice Dinakaran had expressed apprehension of a biased probe due to the presence of senior advocate P P Rao in the panel and posted the matter for hearing before a vacation court.

It had asked the three-member panel headed by Justice Aftab Alam of the Supreme Court to respond to the plea by Justice Dinakaran seeking recusal of Rao from the panel.

Besides Justice Alam and Rao, the third member of the panel is Karnataka High Court Chief Justice J S Khehar.

Justice Dinakaran, 61, has pleaded that Rao along with other lawyers had campaigned against his elevation to the Supreme Court which was later put on hold.

He said that Rao was part of a delegation of lawyers, which had met the previous Chief Justice of India K G Balakrishnan in 2009 to oppose his elevation to the apex court.

The inclusion of Rao in the probe-panel indicates the possibility of bias in probe against him, he said.

Justice Dinakaran, in his petition said, "If there is reasonable likelihood of bias it is in accordance with natural justice and common sense that the judge likely to be so biased should be incapacitated from sitting. The basic principle underlying the rule is that justice must not only be done but must also appear to be done."

The judge has contended that the decision of the panel rejecting his plea for recusal of Rao was in violation of natural justice.

"The impugned order passed by the Judges Inquiry Committee allowing a biased member to continue to serve as a member of the committee is hit by the principles of natural justice and, hence, violative of Article 14 of the Constitution," he said.

He pleaded that the apex court should quash the order passed by the panel on the issue of Rao's recusal.

The panel, appointed by Rajya Sabha chairperson Hamid Ansari after the House initiated impeachment motion against Justice Dinakaran, had asked him to respond to 16 charges framed against him.

The charges included possession of wealth disproportionate to his known sources of income and illegal encroachment on public property and land belonging to Dalits and other weaker sections.

Thursday, April 28, 2011

Supreme Court Bench recuse from hearing plea of Chief Justice of Sikkim High Court, PD Dinakaran

A Supreme Court bench on Thursday recused itself from hearing Sikkim High Court Chief Justice P.D. Dinakaran’s plea seeking stay of pre-impeachment probe by a Rajya Sabha-appointed committee into allegations of misconduct and corruption against him.

A bench comprising Justices D.K. Jain and H.L. Dattu did not give any reason for recusing itself from hearing the matter.

“It will go before another bench in the mentioning list for tomorrow,” the bench said.

The bench was to hear the petition filed by Justice Dinakaran in which the beleaguered judge has challenged the proceedings before a three-member Rajya Sabha-appointed inquiry panel which has been hearing the charges of alleged land grabbing and possession of wealth disproportionate to known sources of his income.

He has sought quashing of the order of the panel which has refused his plea for the recusal of senior advocate P.P. Rao on the ground that he was biased against him.

The panel, headed by Justice Aftab Alam of the Supreme Court, also includes Karnataka High Court Chief Justice J.S. Khehar, besides Mr. Rao.

Mr. Dinakaran, in his petition, has said there was likelihood of bias in the proceedings as Mr. Rao had earlier campaigned against him when his elevation to the Supreme Court was under consideration.

“If there is reasonable likelihood of bias, it is in accordance with natural justice and common sense that the judge likely to be so biased should be incapacitated from sitting. The basic principle underlying the rule is that justice must not only be done but must also appear to be done,” the petition has submitted.

It has alleged that Mr. Rao was part of a delegation of lawyers which had met the then Chief Justice of India K.G. Balakrishnan in 2009 to oppose his elevation to the Supreme Court.

The panel had on April 24 rejected Mr. Dinakaran’s plea against Mr. Rao saying the objection should have been raised at the start of the proceedings. Mr. Rao did not participate in the meeting when this application was discussed.

Charges against Mr. Dinakaran, who is due to retire on May 9, 2012, were levelled when he was Chief Justice of the Karnataka High Court. He was subsequently transferred to the Sikkim High Court.

The panel, appointed by Rajya Sabha chairperson Hamid Ansari after the House initiated impeachment motion against him, had asked Mr. Dinakaran to respond to the 16 charges framed against him

Tuesday, April 26, 2011

Sikkim High Court Chief Justice P D Dinakaran moves SC against impeachment

NEW DELHI: Sikkim High Court Chief Justice P D Dinakaran today moved the Supreme Court seeking stay of the impeachment proceedings initiated against him for alleged misconduct and corruption.

Justice Dinakaran challenged the proceedings before a three-member Rajya Sabha-appointed inquiry panel which has been hearing the charges of alleged land grabbing and possession of wealth disproportionate to his known sources of income.

He has sought quashing of the order of the panel which has refused his plea for the recusal of senior advocate P P Rao on the ground that he was biased against him.

The panel, headed by Justice Aftab Alam of the Supreme Court, also includes Karnataka High Court Chief Justice J S Khehar, besides Rao.

Thursday, April 21, 2011

Sikkim Chief-justice Dinakaran objects to panel investigating him


New Delhi: Sikkim Chief Justice P D Dinakaran, facing impeachment proceedings for alleged misconduct, today sought recusal of senior advocate P P Rao from the three-member Rajya Sabha-appointed inquiry panel on the ground that he was biased.

Justice Dinakaran also in his reply to the chargesheet framed against him said that the panel has "exceeded the jurisdiction" and was acting in an "unconstitutional" manner by leveling allegations that had no nexus to the discharge of his judicial and administrative duties.

According to the beleaguered judge, the panel was acting in contravention of Article 124 and 121 by raking up personal issues against the judge and his family although the said Constitutional provisions expressly barred any such reference of a high court or Supreme Court judge's personal life.

Further, counsel Mesharam sought recusal of P P Rao from the committee on the ground that he was one of the members of a delegation which in 2009 had met the then Chief Justice of India K G Balakrishnan to oppose Justice Dinakaran's elevation to the Supreme Court.

The committee, comprising Justice Aftab Alam of the Supreme Court, Karnataka High Court Chief Justice J S Khehar and senior advocate P P Rao, has asked Dinakaran to respond to the sixteen charges framed against him by April 20. The panel was appointed by Rajya Sabha chairperson Hamid Ansari after the house initiated impeachment motion against him. The committee, which issued the chargesheet to Dinakaran in March and asked him to respond by April 9, has made it clear that it will commence the hearing in the matter on April 25 and will not give any further adjournment.

The charges against Justice Dinakaran, who is facing impeachment proceedings in Parliament, include possession of wealth disproportionate to his known sources of income and illegal encroachment on public property and land belonging to Dalits and other weaker sections.

He is also accused of having five Tamil Nadu Housing Board plots in the name of his wife and two daughters, benami transactions, acquiring and possessing agricultural holdings beyond the ceiling fixed by the Tamil Nadu Land Reforms Act 1961, destruction of evidence, undervaluation of sale agreements, evasion of stamp duty and illegal constructions.

Justice Dinakaran has also been accused of resorting to irregular and dishonest administrative actions by fixing rosters of judges to facilitate dishonest judicial decisions while he was the Chief Justice of Karnataka High Court. He has also been charged with undertaking transfers of judges and appointment of staff illegally, sources said.

Friday, October 22, 2010

Sikkim High Court road reprieve for Sikkim

Gangtok, Oct. 22: Sikkim High Court has disposed of a pubic interest litigation against the central and the state government agencies entrusted with maintenance of three highways in the state, observing that the pace of work has picked up after legal proceedings were initiated against the agencies.

The court, however, directed the BRO and the Project Swastik to submit a report mentioning the progress of the work every quarter of the year with the first report due on January 11.

The high court had taken up a suo motu PIL in May against 10 government agencies after its attention was drawn to the dilapidated condition of the three strategic roads — National Highway 31A, North Sikkim Highway and Jawaharlal Nehru Marg connecting Gangtok with Nathu-la on the India-China border.

The respondents were the secretaries of the Union surface transport, home, defence, finance, forest and environment and the road transport and highways ministries, director general of border roads, chief engineer of Project Swastik, state chief secretary and the state forest department.

Initiating the case, the court had noticed that “the work of upgradation and widening of these roads was taking at a painfully slow place when, considering the national security, it ought to have been done with greater rapidity.”

While disposing of the PIL on October 11, a division bench of Chief Justice P.D. Dinakaran and Justice S.P. Wangdi appreciated the constraints faced by the Project Swastik personnel in execution of the work caused by the extreme weather condition and hostile terrain.

“But those are factors that are not new and, considering their experience, the respondent No. 3 (Project Swastik chief engineer) would be expected to evolve necessary strategies to overcome them. It is noticed that after initiation of these proceedings the pace of works have picked up considerably for which we record our appreciation,” the court said.

Observing that the period till May 2011 is conducive to “uninterrupted execution of the work” as the monsoon has receded, the court said the work should be taken up with “utmost urgency” so that those portions of the highways for which the clearances had been obtained and funds provided could be completed soon.

The judges acknowledged that the major reasons for the delay in implementing the work by the BRO were the lack of timely grant of forest and environment clearances and the approval of detailed project reports by the authorities concerned. Considering the importance of these roads, the court expected that such clearances would be granted fast by the agencies concerned on a priority basis.

Monday, September 20, 2010

Sexual Harassment Petition Against Bank Officer by Sikkimese Lady

GANGTOK, September 19: A compliant committee as contemplated by the guidelines issued by the Supreme Court in a 1997 case is scheduled to be submit its report to the Sikkim High Court on Monday over the sexual harassment petition filed by one Sikkimese lady against an authority of Central Bank of India.
In its last hearing held on August 19, a division bench of High Court comprising of Chief Justice PD Dinakaran and Justice SP Wandgi had directed the bank management to get necessary instructions on the complaint committee as the grievance placed by the victim was not yet referred to the committee till date. The court also directed that the instructions over the report of the committee should be complied on September 20.
The petitioner, Seema Lepcha had lodged a complaint against the bank’s chief manager of sexually harassing her on March 1, 2008.
However, police investigations in her complaint had concluded that no offence under section 509 of IPC (uttering any word or making any gesture intended to insult the modesty of a woman) was made out against the accused person with regard to the complaint lodged by the petitioner. The chief judicial magistrate (East & North) had ordered reinvestigation and the second final report submitted on June 26, 2008 confirmed the conclusions of the first report, which prompted the victim to file a petition in the High Court.
During the hearing, the bank counsel submitted to the court that the grievance of the lady was not yet referred to the complaint committee at all till date. The court then directed the bank management to get necessary instructions from its head office as to whether any complaint committee as contemplated by the guidelines issued by the apex court in Vishaka & Others vs State of Rajasthan& Others in (1997) 6 SCC 241 has been constituted to get into the sexual harassment in working places of the bank.
The court also asked whether the grievance of the petitioner has already been referred to the complaint committee. If not, what was the reason for not referring the impugned grievance to the complaint committee?, the court asked. The court also asked on the status of proceedings or if the proceedings are already over, what were the findings of the committee.
The court further directed that if the proceedings are still continuing before the complaint committee, the same shall be expedited and completed within four weeks after giving fair and reasonable opportunity to all the parties concerned. The matter for reporting compliance was fixed on September 20.

Friday, July 30, 2010

Justice Dinakaran transferred to Sikkim High Court


New Delhi, July30  : The Chief Justice of the Karnataka High Court, PD Dinakaran, is being transferred to the Sikkim High Court. Dinakaran faces impeachment proceedings in the Rajya Sabha for alleged corruption.
President Pratibha Patil has reportedly signed the transfer order.
Last year, charges of corruption emerged when Dinakaran was recommended for promotion to the Supreme Court by its collegium - a group of senior judges. Reports - circulated largely by some of the country's most-respected lawyers - suggested that Dinakaran had illegally acquired hundreds of acres of land for his family in Tamil Nadu.
Dinakaran was dropped from the list of judges being sent to the Supreme Court. The collegiums also asked Dinakaran to go on leave while the corruption charges against him were being investigated. When he defied those orders, the collegium, in April this year, recommended to the government that he be moved to Sikkim. In Karnataka, Dinakaran's presence was causing significant tension with several lawyers refusing to argue their cases in his presence.
No thanks, said Sikkim's lawyers to Dinakaran's suggested transfer, vowing to boycott Dinakaran's oath-taking ceremony if he were forced upon them.
Since then, the transfer order had been pending with the President.

Wednesday, November 18, 2009

Sikkim High Court Chief Justice visits State Jail




GANGTOK, November 18 (IPR): Chief Justice of the High Court of Sikkim, Justice Aftab Hussain Saikia today visited Rongyek Jail.
He was accompanied by the Judge, High Court of Sikkim SP Wangdi, Registrar General, High Court of Sikkim Meenakshi M Rai, Chief Judicial Magistrate L. Subba and other officials of the High Court.
On his arrival at the state jail premises, the Chief Justice was received by YT Gensapa, SP Jail and was presented the guard of honour by the Sikkim Police.
Thereafter, Chief Justice visited different barracks and met with the inmates and enquired about their cases and their living condition. He also visited the orchid shed which is being maintained by the inmates themselves.
Justice Saikia also shared knowledge on legal matter and proceedings and offered advice and suggestions to the inmates of the state Jail. He also visited the workshop site of carpentry, tailoring, library, sale counter displaying various products made by the inmates.

Friday, October 30, 2009

Sikkim High Court Souvenir with no proper declaration


Gangtok, October 30 : The Vice President, Mohd. Hamid Ansari releasing the souvenir of the Golden Jubilee of the celebration committee 2009-2010 of High court of Sikkim, at Gangtok on October 29, 2009.
Interestingly the souvenir of the Golden Jubilee of the celebration committee 2009-2010 of High court published without making declaration violating the Act. As per Section 3 of ‘the Press and Registration of Books Act, 1867', every book or paper printed within India shall have printed legibly on it the name of the printer and the place of printing, and if the book or paper be published the name of the publisher, and the place of publication.

Chief Minister Pawan Chamling, Chief Judge of Sikkim High Court Justice Aftab H. Saikia were also presented in the function.

Monday, October 26, 2009

Mr. Hamid Ansari- Vice President of India to inaugurate Golden Jubilee celebration of Sikkim High Court



Gangtok,October26: Mr. Hamid Ansari, Vice President of India will inaugurate a three-day event of Golden Jubilee celebration by High Court of Sikkim which will be held on October 29, 31and November 1 here at Gangtok.
The High Court of Sikkim, which was established in 1955 with a High Court of Judicature (Jurisdiction and Powers) Proclamation, 1955, has delivered judicial service to the people of Sikkim for 54 years. The High Court thus established was made the final Court in all judicial matters, civil or criminal, subject to the exercise of prerogative by
the then Maharaja (Chogyal) to grant mercy, pardon, remission, commutation and reduction of sentence in case of conviction.
Justice Mr. Aftab Hussain Saikia, Chief Justice of Sikkim High Court, has initiated celebration of the golden Jubilee and has declared the current year as Golden Jubilee Year. It is his efforts to make the celebration a memorable one.
The event will be inaugurated with a regional conference on “Right to Education with Special Reference to Sikkim and Its Impact on Legal Awareness Campaign”. The first day conference will also be presided by Mr. Balmiki Prasad Singh, Governor of Sikkim and Chief Minister Dr. Pawan Chamling. The Vice President will address the seminar.
In the second session of the seminar, participants will be Dr. Abdul Hannan, Executive Academician of Sikkim University, Dr. Rathin Bandyopadhyaya, Head of the department of Law, North Bengal University, Siliguri, Dr. Subrhram Rajkhowa, Reader, Department of Law, Gauwahati, University, Prof. Mahendra P Lama, Vice Chancellor of Sikkim University and Justice Sonam Pintso Wangdi.
The second day programme of will chaired by Justice Tarun Chatterjee, Judge Supreme Court with a regional seminar on “Implementation of NREGS in North-East with Special Reference to Sikkim” at Tashi Namgyal Academy auditorium, in which participants will be Chief Justice of Sikkim High Court, Minister Mr. C B Karki and Lok Sabha MP Mr. P D Rai who will deliver a keynote address on the implementation of NREGS in Sikkim. Justice Chatterjee will deliver inaugural address on Implementation of NREGS in North-East with Special Reference to Sikkim.
In the afternoon session of the day A K Ganeriwala, Secretary of Rural Management and Development department, Mrs. Lakchung Sherpa, Civil Judge, East-North, Mrs Laxmi Chakraborty, Advocate, and Dr. Satya Brata Singh, Assistant Professor, Peace and Conflict Studies, Sikkim University will be the speakers.
The final day programme will be addressed by Justice Altamas Kabir, Judge of Supreme Court of India. He will speak on “Freedom of Press and Judicial Activism” at Chintan Bhawan. Minister of Information and Public Relation Ms. Niru Sewa will preside the seminar. R B Subba, former law minister, now Legal Advisor to Chief Minister, will deliver the keynote address.

Friday, October 23, 2009

Sikkim High Court today stayed Sikkim Manipal Medical Student's discharge




Gangtok , Oct 22 The Sikkim High Court today stayed the Sikkim Manipal Institute of Medical Sciences (SMIMS); aposs decision to discharge three second-year students enrolled in an MBBS course for failing to secure 50 per cent marks in the entrance test.

The order was passed by a division bench comprising Justice A P Subba and Justice S P Wandi on a writ petition filed by the aggrieved students - Tekhelnayum Sayon Singh, Rohit Tiwari and Monalisa.

They have challenged the SMIMS notice discharging them from the institute with effect from today after they failed to secure 50 per cent marks in an entrance test held last year.

The students say that they had been given admission by the institute through a proper procedure during which they were intimated in writing by the authorities about their selection in the MBBS and asked to appear for counseling before being given admission after payment of fees of about Rs four lakhs.

Friday, September 11, 2009

Sikkim High Court Justice Wangdi felicitated



GANGTOK, September 10A felicitation function in honour of the newly appointed Judge to the High Court of Sikkim, Justice SP Wangdi was held here in the Capital on September 8.
Organized by Bar Association of Sikkim, the programme was attended by the Chief Justice Aftab. H. Saika along with Justice AP Subba, Additional Advocate General, JB Pradhan, the Judicial Magistrate and members of the Bar Council.
DR Thapa, the president of the Bar Association of Sikkim in his address stated that the elevation of SP Wangdi as the Judge of the High Court itself speaks volume about his hard work, dedication and loyalty towards his profession. He added that the Bar Association will never forget the contribution made by Justice Wangdi in making the association come under one umbrella which was in two groups earlier.
The Additional Advocate General said history has been created in Sikkim with the elevation of SP Wangdi as the first local to reach the dignified post.
While thanking the entire Bar members for showering love and affection on him, Justice assured to leave no stone unturned in living up to the expectation of the people. “The journey of my professional career was not a bed of roses, I struggled a lot and I want the junior lawyers to do the same,” he added.
Stating that there is no substitute for hard work and shortcut to success, he said the lawyers should be more efficient, dynamic and rational.
However, Justice Wangdi resented on the fact that many young lawyers were not serious about their advocacy profession

High Court directsto constitute special juvenile police units in Sikkim


GANGTOK, September 10: The High Court of Sikkim has directed the State Government to constitute special juvenile police unit in all the police stations in Sikkim within the period of four months and also to take necessary steps for proper and adequate implementation of all other relevant provision of the Juvenile Justice (care and protection) Act 2006 without further delay.
The judgment copy also dictates to provide juvenile and children in the state of Sikkim proper care and protection by catering to their development needs and by adopting a child friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation as envisaged in the preamble of the act itself.
This landmark judgment came in the public interest litigation filed by Sonam Palden, an advocate at Sikkim High Court in the year 2007.
The petition has been filed to implement the juvenile justice care and protection of children Act 2006 and also to comply the guideline of the Supreme Court given in the case of Sheela Barsey vs. Union of India.
The petitioner also mentions to constitute a proper Juvenile Justice Board with full time Magistrate and two social workers one of whom at least a woman who have an experience in working with the children.
JB Pradhan, the Additional Advocate General representing the State Government has submitted that the state lacks sufficient cases of Juvenile in comparison to other states of India and that working in the four districts with the full time Magistrate would not be justified. “As and when the work load would increase the appointment of full time Magistrate with the regular working days will be considered,” he said.
Dr. Doma T. Bhutia, an advocate for the petitioner while speaking to media said, this is one of the landmark judgments passed by the High Court of Sikkim in the interest of children and the judgment is welcomed by all the Human Rights lawyers across the country. She added that the judgment has been referring as a precedent in the other states.
“If all the provisions of Justice Juvenile Act are implemented in the State thoroughly, Sikkim will be a frontal runner in this matter,” Dr. Bhutia said.

Friday, September 04, 2009

Sikkim judges to disclose their wealth

GANGTOK, September 4: After the landmark decision of Supreme Court judges to make their assets public, High Court of Sikkim judges are set to do the same which could possibly the first such decision in the Northeastern region.
Sources in the High Court of Sikkim informed that the asset details of High Court judges will be placed in the website of the court at the earliest.
High Court of Sikkim has a three bench Judge, Chief Justice Aftab H Saika, Justice AP Subba and Justice Sonam Pintso Wangdi.
It may be recalled that the Supreme Court of India judges had recently decided to make their assets public. The apex court had taken the decision during a full court meeting of its judges under the chairmanship of Chief Justice KG Balakrishnan.
The Supreme Court judges had passed a resolution that the details of their assets, which are already available with the office of the Chief Justice of India in varying formats, would be tabulated in a uniform format and placed on the apex court website at the earliest.