Is the decision of AG justiciable in Criminal Contempt
Can learned members of this forum please study attached Judgement of Supreme Court and interpret if the decision of Advocate General for granting Consent in case of Criminal Contempt is justiciable or not. If yes, under which circumstances. more
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Supreme Court confined that they are responsible authority for implementation and enforcement of Constitutional Provisions . S.C. also declared and confined that the Directive Principles and the Preamble Guarantees are the Constitutional mandates . Since the 3 Pillars/Bodies possess the responsibility , accountability sustains within . Issue of Accountability of Constitutional Bodies is a Constitutional issue since it is linked with the very Guarantees contemplated in the Preamble of the Constitution. This forms part of an issue to be thought while confining any issue as Criminal Contempt . more
May 28
I have gone through the SC judgement and note that The respondent No. 1, Shri P. Shiv Shankar, Minister of Law, Justice and Company Affairs at the relevant time was just making a speech at the Hyderabad Bar Council where whatever he the Respondent No.1 Shri P. Shiv Shankar said, he very clearly clarified in his affidavit in response to the SC notice that he had delivered the speech on the subject of accountability of the Legislature, Executive and the Judiciary and had made comments on the accountability of the three organs and the theoretical implications thereof, and that he had intended no disrespect to any of the institutions or its functionaries much less the Supreme Court. And, there the matter ends and the SC should have closed the chapter as there is absolutely no doubt in the veracity of the statement. I feel it is wrong on the part of the AG to give clearance for service notice on the Respondent No.1 as if it was on some political pressure. It is a well known fact that AG and SG are political appointees. more
May 28
Further, it is beyond my comprehension, why SC dismissed the petition. more
Jun 08
If the court is responsible authority for implementation and enforcement why, why did SC dismiss the petition on the grounds that AG's refusal of consent was not judicially reviewable? more
Jun 08
The decision is open to review if the Respondent No.1 had cared to file a review petition. more
Jun 02
The judgement is consisting of 46 pages. In fact, the case is not of that much importance to elongate the matter to that extent. It shows how the judges and the lawyers are wasting their precious time on prolonging trivial matters trying to make mountains out of mole holes serving no purpose either to the Society or to the judiciary. The judiciary should have more pragmatic approach and dispose the cases fast. more
May 26
Sir, the length of the judgement could be debatable but the issue is not trivial at all. I have come across with several judgement of various HC with different views on the subject matter, not only on consent of AG but also on limitation and condonation of delay. Therefore, SC judgement on the subject was necessary. more
May 30
