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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