Comprehensive coverage, analysis, and breaking news on high courts.
Our Constitution First newsletter this week looks at a progressive order from the Allahabad High Court.
Sushovan Patnaik
Staff Writer
Justice Paul’s appointment recommendation trails the appointment of several chief justices across High Courts earlier this month.
Justice Mustaque is the sixth chief justice appointed to a High Court in the span of a week.
Despite Justice Revati Mohite-Dere’s appointment as Chief Justice of the Meghalaya High Court, India has only two women chief justices for its 25 High Courts.
Following the recommendations, Justice Revati Mohite Dere is set to be the chief justice of the Meghalaya High Court, with the High Courts of Uttarakhand, Jharkhand, Sikkim and Patna also set to get new chiefs.
The controversy around Justice Nisha Banu’s transfer to Kerala HC opens up unsettled constitutional debates on judicial transfers and Article 217(1)(c).
Although the government cleared the names of 24 judges, it did not approve the names of advocates Adnan Ahmad and Jai Krishna Upadhyay.
Release of the Delhi riots conspiracy prisoners, who continue to face incarceration for five plus years without a trial, is no longer a legal issue. It is a test of this nation's moral conscience.
In her reported Collegium dissent, Justice Nagarathna suggested Justice Pancholi’s elevation to be “counterproductive”. The Leaflet’s analysis shows why the appointment does not align with the Collegium’s own criteria on appointments and the potential CJIs who were overlooked.
Among those recommended for transfer by the Collegium are Justices Arun Monga, who assumed charge in the Delhi HC only one month ago, and Atul Sreedharan who had taken suo motu action against BJP minister Vijay Shah.
The remarks came in response to SCBA President Vikas Singh’s observation that lawyers appointed to the High Court bench were often drawn from those appearing before HC judges, even as other eligible candidates were overlooked.
In February, a Single Bench of the Madras HC declined the application of jurisdictional immunities for the Sri Lankan Deputy High Commission. Last month a Division Bench stayed it. The case brings to fore interesting questions on jurisdictional immunities, and the applicability of diplomatic immunity.
As allegations of mass burials in the Dharmasthala temple stirs national debate, the Supreme Court’s refusal to interfere with the HC’s order lifting a gag order is a step in the right direction for press freedom.
The committee is of the prima facie view that there could be foul play on behalf of advocates appearing for real estate builder Roop Bansal.
The move follows serious reservations expressed by CJI Gavai against the order, and a letter signed by thirteen senior judges of the Allahabad HC calling to defy the Supreme Court’s order.
As the Supreme Court recalls its controversial strictures against Allahabad HC judge, one story is put to rest. However, the repeating issue of overlordism and undignified criticism by higher court judges remains an issue far from resolved, with domino implications on our entire judicial system.
Recently in Isha Foundation’s case, the Delhi HC directed Google, X Corp and Meta to pull down a video defaming Jaggi Vasudev, bringing focus to a larger debate: To what extent should platforms be pulled in as co-defendants for simply providing the venue?
The new AI policy is rigorous, codifying AI’s use as an assisting tool in our courtrooms. But how far can India’s courts go without robust digital infrastructure, judicial education, and focussed investments by the Supreme Court and BCI?
The Andhra Pradesh HC’s recent circular, which directs judicial magistrates to comply with the SC decisions in Pratapgarhi and Arnesh Kumar, is a welcome move, but exposes faultlines.
Following the move, Delhi HC’s strength has shot up to 40, as seniority of Justice Pratiba Singh drops to fifth.
In the latest move, chief justices among four High Courts have been reshuffled.
The petition filed by journalists including Saurav Das and Kunal Purohit sought to access reasoning that it performs quasi judicial functions, and its public scrutiny by the public was crucial.
The High Court’s decision, while noting the non-existence of employer-employee relationships, fails to take account of the changing nature of the workplace.
In its decision of June 16, the Andhra Pradesh HC has reaffirmed that trans women are to be treated as women under Indian criminal law. Beyond marriage, the judgement concretises a long-fought battle for dignity.
In the recent spate of recommendations, only seven are women, and the opacity surrounding when the names were first flagged by HCs and how much time the SC Collegium took to finalise them, remains.
A recent report has suggested that the SC stopped short of an in-house inquiry against Justice Yadav after the Rajya Sabha Secretariat claimed exclusive jurisdiction. A progressive lawyer’s body has now revived a long-stalled push to initiate enquiry and demand unconditional apology from the Allahabad HC judge.
As a puisne judge of the Gujarat HC and chief justice of the Karnataka KC, Justice Anjaria delivered crucial decisions, from tracing a balanced jurisprudence on money laundering to calling out political abuse in criminal matters.
Justice Chandurkar took oath as a judge of the Supreme Court on May 30. His momentous judgements range from the Kunal Kamra (2024) decision which ruled against government Fact-Checking Units, and a ruling on appointment of consumer forum members which upheld the separation of powers, to a controversial ruling on the Hijab ban.
Precedents indicate that the ‘pre-deposit’ condition precedent to appeal property tax assessments in Maharashtra violates Article 14 of the Constitution. Yet the Bombay HC’s 2014 verdict in Walchandnagar Industries keeps matters ambiguous, diverging from broader established jurisprudence.
Following the unusual request, on May 28, Justice Manjari Nehru Kaul forwarded the matter to CJ Sheel Nagu for seeking his order regarding the listing of the case.
Following the reshuffle, the Delhi High Court is set to gain as many as five judges.
If the recommendations to appoint Justices Sanjeev Sachdeva, Vibhu Bakhru, Ashutosh Kumar, V.M. Pancholi and T.S. Chauhan as chief justices are cleared, Delhi High Court will be represented by two High Court chief justices, even as High Courts of Orissa, Kerala and north-eastern states continue without any
Justice Anjaria stands at serial no.14 in the all-India seniority of high court judges, while Justices Bishnoi and Chandurkar stand at serial nos. 18 and 29. However, the Collegium’s resolution maintains silence on why senior High Court judges were superseded.
Sources close to the probe informed The Leaflet exclusively that, among others, Justice Varma falsely claimed that the room where sacks of burnt currency were discovered was accessible to any person who visited the residence.
Justice Varma’s refusal to resign despite indictment echoes closely a similar decision by Justice S.N. Shukla in 2018 who despite a letter by the CJI seeking removal continued in office without impeachment.
While former CJI Chandrachud’s collegium appointed 12 judges related to sitting or former judges, the Collegium under CJI Khanna appointed two such judges
While much now depends on the contents of the in-house committee’s report, we must remember that the in-house process is not a substitute for enquiry under the Judges (Inquiry) Act.
The recent coordinated attack against the Supreme Court reflects the Sangh Parivar’s immense frustration with the sustained and stubborn commitment to the Indian Constitution of an important segment of the judiciary and the Bar
According to information available with The Leaflet, the matter has been adjourned till 1 July 2025
The latest resolution notes that the transfers are aimed towards better administration of justice and in the interests of inclusivity and diversity