
Kerala high court seeks report on pendency of trials due to staff shortage in forensic labs
The bench of Chief Justice Nitin Jamdar and Justice C Jayachandran was considering a petition by Kerala State Legal Services Authority (KeLSA) which sought a directive to the state govt and Kerala Public Service Commission (KPSC) to recruit an adequate number of scientific assistants in forensic science laboratories. KeLSA, in its petition, alleged that the vacancies and the failure to appoint scientific assistants in FSLs have adversely impacted the conduct of trials, particularly in Pocso and NDPS cases.
Although KeLSA had also highlighted delays in appointing special public prosecutors in Pocso courts, the state govt informed HC on Thursday that necessary steps were being taken to address this issue. HC, however, directed the state and PSC to coordinate and ensure that the vacancies are filled without delay, observing that continued inaction would affect the state's criminal justice system.
The counsel for the PSC explained the procedural requirements and inherent time lag involved in appointments. In this context, the court called for a report from the district judiciary on the extent to which criminal trials are pending due to the lack of forensic reports.

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


Indian Express
3 hours ago
- Indian Express
17 complaints entertained by HC ICC in a decade, most related to ‘misunderstandings': Justice Prathiba Singh
Maintaining that the Delhi High Court's Internal Complaints Committee (ICC) has entertained 17 complaints in the past decade, Justice Prathiba Singh on Thursday said that 'most of the complaints arise out of misunderstanding or a lack of sensitivity of the terminologies that can be used towards colleagues'. She also said that redressal for sexual harassment complaints need not only cater to women but should cover 'men and all persons with different sexual orientations, so there may be a need for change in the legislation over here'. Justice Singh, the presiding officer of the seven-member committee of the HC's ICC, was speaking at the launch of an integrated online portal that allows for the filing of sexual harassment complaints. The portal not only includes the HC's ICC, but also integrates the ICCs for the Delhi High Court Bar Association (DHCBA) and the Bar Council of Delhi (BCD). 'The existing ICC of the HC primarily handles complaints against the staff and maybe sometimes against any other person. However, in the working of ICC, we realised there is a big gap that needs to be filled, and that's when we requested the DHCBA and the BCD… and now both have ICCs,' Justice Singh said. 'A collection of data would show that in the last 10 years, 17 complaints have been entertained by the Delhi HC ICC. In (Delhi's) district courts' ICC, there have been about 20-30 complaints… but it doesn't mean there are only that many complaints. There may have been many other women who have not been able to file complaints in a confidential manner. During our experience in the Delhi HC ICC, we realise there is a hesitation among women to physically go and file complaints, which this portal intends to solve,' she added. Sharing patterns of the complaints received by Delhi HC's ICCs, Justice Singh further said, 'One of the biggest things we realised during ICC proceedings was that most of the complaints arise out of misunderstanding or a lack of sensitivity of the terminologies that can be used towards colleagues. Sometimes men or women may use language which may not be acceptable, but they don't know it is not acceptable language. So, sensitisation is one of the best ways this can be (remedied)… Most of the time, it is onlya misunderstanding…' 'The other challenge we faced was the quantum of time ICC had to spend on each of these complaints… Some of the challenges I personally felt… there is a huge amount of time that sitting judges has to spend on ICC complaints as trials take a long time, a large number of staff against whom complaints are filed are governed by CCS (CCA) Rules [Central Civil Services (Classification, Control & Appeal) Rules], and inquiries can be long drawn. We don't know how to solve this problem… we need to find a solution…' 'So, there was a need felt that we should have our own guidelines, which can also be adopted by DHCBA and BCD… A sub-committee was formed to draft those guidelines and they have been finalised,' she added. Delhi HC Chief Justice D K Upadhyaya on Thursday said he has approved the guidelines and the same are expected to be made public soon. Batting for mediation to also be made a part of the initiatives taken to deal with sexual harassment complaints, Justice Singh said, '…a lot of ego issues which colleagues may have with each other… which may have converted into sexual harassment complaints… can get sorted.' Expanding on the ambit of sexual harassment complaints, she added, '…While we are focusing on women filing sexual harassment complaints, the other experience was, several men who face these complaints face it wrongfully… If we don't find anything in the complaint at the preliminary stage itself, we close several complaints… and there could be various extraneous conditions as well, which can lead to the filing of such complaints. The ICC is very conscious while dealing with such complaints… Some complaints are genuine and some are not, and I feel sexual harassment need not be constrained to women complainants but could also be extended to men and all persons with different sexual orientations, so there may be a need for change in the legislation over here.' Justice Kotiswar Singh from the Supreme Court, who was present at the event, said, 'While the POSH Act (Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013) has been understood in most jurisdictions, yet the number of cases being handled varies from HC to HC. Even in SC – I won't go into details as some sensitive cases are being handled – but what I found was that this is particularly confined to the lawyers' community.' 'So, it is a big responsibility of the Delhi Bar Council and Association to see that the redressal mechanism is properly put in place and the mechanism is indeed functional… We also need to sensitise people that certain acts are prohibited, cannot be tolerated… and it is not an easy process,' he added.


Time of India
4 hours ago
- Time of India
Centre's pick & choose policy hits HC judge appointments
Representative image NEW DELHI: Advocate Ramaswamy Neelakandan prepared for life as a high court judge by returning case files to clients after the CJI-led Supreme Court collegium on Jan 17, 2023, recommended to Union govt to appoint him, along with four other advocates, including L C Victoria Gowri, as judges of Madras high court. The Union govt appointed all of them as judges, except Neelakandan. Though names of the five advocates were sent by the SC collegium on the same day, the govt appointed them in batches - three on Feb 7, 2023, and the fourth on Feb 27, 2023. Neelakandan, who belongs to the OBC community, shares his fate with 28 other advocates, whose names were recommended to the govt by the collegium between Jan 2023 and April this year. The Centre's pick and choose policy has left them in suspense - whether to resume practice or keep waiting for the Centre's nod to become an HC judge. While Neelakandan's wait has stretched beyond 29 months, advocate Subhash Upadhyay, whose name was recommended by collegium on April 12, 2023, for judgeship in Uttarakhand HC, is waiting for his warrant of appointment for the last 26 months. Along with Upadhyay, the collegium had recommended names of three advocates and a judicial officer for appointment as judges of the HC. Only Upadhyay's name was left out. Like him, advocate Arun Kumar is awaiting action on collegium's May 9, 2023, recommendation for his appointment as Allahabad HC judge. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Birla Evara 3 and 4 BHK from ₹ 1.75 Crore* Birla Estates Learn More Undo On Oct 17, 2023, the collegium recommended the names of five advocates for appointment as judges of Madhya Pradesh HC. Among them, only advocate Amit Seth is still awaiting appointment. Of the 29 advocates still awaiting appointment as HC judges, five are women advocates. Among them, the one enduring the longest wait is advocate Shamima Jahan, whose name was recommended by the collegium on Jan 4, 2024, for appointment as a judge of Gauhati HC. Other women advocates sharing Jahan's fate are Sreeja Vijayalakshmi (name recommended on April 16, 2024), Tajal Vashi (Oct 15, 2024; Gujarat HC), Shwetasree Majumder (Aug 21, 2024; Delhi HC), and Sheetal Mirdha (March 5, 2025; Rajasthan HC). Despite successive chief justices, including the incumbent CJI B R Gavai, impressing upon the Union govt not to pick and choose from the list and avoid making staggered appointments from the same batch, the govt has not abandoned the practice which creates seniority issues in constitutional courts where merit and seniority are two crucial factors for career advancement. Interestingly, the collegium's recommendations for appointment of judges to Supreme Court have been speedily processed and implemented by the govt, in some cases the appointments have come through within three days of the recommendation. The collegium recommended to the govt on May 26 to appoint Justices N V Anjaria, Vijay Bishnoi and A S Chandurkar as judges of the SC. The three took oath as Supreme Court judges on May 30. On May 26, the collegium recommended appointments of chief justices to five HCs, transfers of four HC CJs and transfer and repatriation of 22 HC judges. More than a month later, govt is yet to give effect to the appointments and transfers of HC CJs and judges.


Time of India
4 hours ago
- Time of India
Oppn backing move to oust Justice Varma, process to initiate motion to start soon: Rijiju
NEW DELHI: Prominent opposition parties have agreed in principle to support a motion seeking the removal of Allahabad high court judge Justice Yashwant Varma, Union minister Kiren Rijiju said on Thursday. Tired of too many ads? go ad free now The process of collecting signatures from MPs to initiate the motion could begin shortly, he added. The govt is yet to decide whether the motion will be tabled in Lok Sabha or Rajya Sabha. For the lower House, at least 100 MPs must endorse the proposal, while in the upper House, support from 50 MPs is required. Rijiju said the signatures will be gathered once a decision is taken on which House will take up the motion. The monsoon session of Parliament is scheduled from July 21 to Aug 21. Under the Judges (Inquiry) Act, 1968, once a motion for removal is admitted in either House, the presiding officer constitutes a three-member committee to examine the allegations. The panel comprises the Chief Justice of India (or a Supreme Court judge), a chief justice of a high court, and a distinguished jurist. The move comes months after a fire at Justice Varma's official residence led to discovery of sacks stuffed with charred cash in the outhouse. Though Justice Varma denied knowledge of the money, an SC-appointed panel found evidence against him after recording witness statements and his own deposition. Justice Varma, then serving in Delhi HC, was sent back to Allahabad HC, where he has not been assigned judicial work. Sources said former CJI Sanjiv Khanna had urged him to resign, but Justice Varma refused. The CJI subsequently wrote to the President and the prime minister, recommending his removal - the first step in the constitutional process for sacking a judge.