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GUIDELINES FOR ACCORDING SENIOR DESIGNATION TO LAWYERS ISSUED : SC
CONVICTS ALLOWED TO INHALE FRESH AIR AND MAINTAIN FAMILY BONDS : SC
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GUIDELINES FOR ACCORDING SENIOR DESIGNATION TO LAWYERS ISSUED : SC
Thursday , October 12 , 2017
On October 12 , the Supreme Court issued a bunch of guidelines , including the setting up of a permanent committee led by the Chief Justice of India to accord senior designation to lawyers . The committee would include a seniormost apex court judge or a high court judge , as the case may be in the committee besides the CJI , said a threejudge Bench headed by Justice RanjanGogoi .
The bench also consisting Justices R F Nariman and Navin Sinha proposed setting up of a permanent secretariat
which would gather all information of a candidate who would be considered for confirming of senior designation by the permanent committee .
The committee would also include a representative of the bar and Attorney General in case of apex court and Advocate General in case of high courts , apart from the CJI and seniormost SC / HC judge .
While deciding the issue of designating a lawyer as senior advocate , the committee would also consider aspects such as number of years put in the practice , judgments in cases to which a lawyer has been a part , the pro bono litigations , and the test of personality .
The bench also made it clear that the permanent secretariat will put the name of candidates being considered for senior designation on the website for inviting suggestions of stakeholders . It said after the names are considered and approved by the permanent committee , the name will be put before the full court which will decide to accord senior designation to an advocate either unanimously or by majority through secret ballot .
CONVICTS ALLOWED TO INHALE FRESH AIR AND MAINTAIN FAMILY BONDS : SC
Thursday , October 05 , 2017
The Supreme Court , in a recent ruling , has directed courts to imbibe a “ humanistic approach ” while adjudicating the matters relating to parole or furlough to those serving long jail terms . A bench of Justice A K Sikri and Ashok Bhushan claimed that convicts too must breathe fresh air and should be allowed to keep family ties if the convict shows a tendency to reform . The bench asked the government to update rules for furlough and parole . It further claimed , “ The archaic rules governing parole and furlough should be updated as this is the need of the hour .”
There is an essential and urgent need for updating these rules , thereby including comprehensive provisions to provide suitable guidelines to those who have to contemplate such applications for grant of parole . The bench clarified that the person should stay in the jail but be released for such time to maintain his links with family and society . This will also allow him to solve his personal and family problems , if any .
The court also explained that the reason for granting parole to keep in touch with his family is also one of the objectives behind punishment that was a reformation of convicts . One of the other objectives of this theory is that even convicts of great offenses have the right to breathe fresh air .
A parole is defined as the conditional release of prisoners on the basis of their good conduct . Though they are expected to constantly report to the authorities for the period they are set out and furlough is defined as a brief release from the prison which is given in cases of long-term imprisonment . This order came on the plea of Asfaq , who is serving life term in connection with cases lodged under TADA for his role in serial bomb blasts that took place in five trains on December 6 , 1993 .
Asfaq has moved the apex court on the denial of parole by the authorities . The Supreme Court though upheld the order of Rajasthan High Court with a direction that he may apply for a fresh plea seeking parole after some time .
November 2017 | Legal Era | www . legaleraonline . com