HAPPY NEW YEAR TO ALL.....

SC: "At any rate inconvenience of an advocate is not a “special reason” for bypassing the mandate of laws"

"We make it clear that the legislature has frowned at granting adjournments on any ground... At any rate inconvenience of an advocate is not a “special reason” for bypassing the mandate of Section 309 of the Code." with these strict warning, in the matters of CRIMINAL APPEAL NO.1735 OF 2009 instiyuted by Akil @ Javed, The Division Bench of the Hon'ble Supreme Court of India, during the last month, well before the outrage of the Gang-rape event in Delhi, has strictly directed the Registry to forward a copy of its recent decision to all the High Courts to specifically follow the instructions issued by the Apex Court in the decision reported in Rajdeo Sharma (supra) and reiterated in Shambhu Nath (supra) by issuing appropriate circular, if already not issued, with an instruction that If such circular has already been issued, as directed, it is ordered to ensure that such directions are scrupulously followed by the trial Courts without providing scope for any deviation in following the procedure prescribed in the matter of a trial of sessions cases as well as other cases as provided under Section 309 of Cr.P.C. The Apex Court further observed that"It is no justification to glide on any alibi by blaming the infrastructure for skirting the legislative mandates embalmed in Section 309 of the Code. A judicious judicial officer who is committed to his work could manage with the existing infrastructure for complying with such legislative mandates. The precept in the old homily that a lazy workman always blames his tools, is the only answer to those indolent judicial officers who find fault with the defects in the system and the imperfections of the existing infrastructure for their tardiness in coping with such directions.” In this respect, the High Courts are also well advised by the Supreme Court to use their machinery in the respective State Judicial Academy to achieve the desired result, and to take serious note of the above directions issued in the decisions reported in Rajdeo Sharma (supra) which has been extensively quoted and reiterated in the subsequent decision of this Court reported in Shambhu Nath (supra) and comply with the directions at least in the future years.The Apex Court has issueed directions in the light of the provisions contained in Section 231 read along with Section 309 of Cr.P.C. for the trial Court to strictly adhere to the procedure prescribed therein in order to ensure speedy trial of cases and also rule out the possibility of any maneuvering taking place by granting undue long adjournment for mere asking.

Water Crisis in Saurastra is getting worse..!!?

For the first time in a decade, Saurashtra is staring at a serious water crisis just as the winter has set in.The storage in 135 dams across Saurashtra region has fallen to a merely 9.32%, a warning that taps would soon run dry in most towns, cities and villages in the region. Jamnagar is the worst-hit with Ranjit Sagar dam reduced to a barren landscape of cracked land. Rajkot has already imposed water cuts and supplies water for 20 minutes every alternate day. Yesterday, Times of India has recently reported that the water crisis has been complemented by the virtually non-existent distribution network in most municipalities. It is the mandatory duties of every Municipal Authorities and the State Government of Gujarat to provide drinking water to their people.. but the supply of water on alternate day has become usual in so many cities of Gujarat... and day by day it may be worsen as the summer is coming near.. Let us hope the necessary steps are taken by the state and the local authorities in time at the rescue of the people of Saurastra and also of other parts of Gujarat especially Madhya and North Gujarart too, because real challenges are now coming soon before the government.. In fact, The tempers of the people are running high in the pilgrim town of Virpur... Without drinking water for the last 25 days, residents have called for a bandh on Thursday to vent their anger, to protest against the scarcity of water.. And this scenario may get worse, if no right steps are taken in time.. Simply shouting about the development in our state will not solve the situation..the crisis of Water Scarcity is not unknown in Gujarat, since a decade..

Who is now responsible for the Death of the Cop in Delhi ? The Mob or the Opposition or the Ruler ???

Mr. Subhash Tomer, a Cop of the Delhi Police who got serious injuries while maintaining law and orders during recent Agitation in Delhi in protest of the Gang Rape is now no more... and he just died in the hospital... Now the vital question is that who shall be responsible for the death of this poor cop ? The Mad Mob who is agitating without any vision in the name of certain reasons for securities and social justice OR the agitators sitting in the opposition to provoke the young generation to act and protest in all their best, even by breaking the laws and order OR the Rulers who fails to save their own employees on duty to maintain laws and order since last 5 days... ???? Do you not thing that it is somewhat similar situation where the Rulers fail to protect their cop and prevent the breaking of laws and orders on road, such as the Rulers also fail to prevent an untoward heinous incident of rape somewhere on some day ??? Would you again raise protests on road for the death of this Cop and put the law and order at stake for all such reasons ??? Is this the fundamental right to express your feelings and protest by in-securing the liberties of others ??? There are all means and ways within the four corners of our legal and judicial system... Then what will be achieved by agitating for new legislation when the enforcement of present laws are only called for any unseen reasons ???.. The Youth is the true assets of our country which needs to be preserved and strengthened for our better future and not for being played by the instigators always sitting in opposition for their own exe to grind....

KARTIKEY SHROFF Law Office: Landmark Directions of the Apex Court to curb eve-teasing

KARTIKEY SHROFF Law Office: Landmark Directions of the Apex Court to curb eve-teasing