Daksha Legal

  Aishat Shifa vs The State of Karnataka and others. Civil Appeal 7095 of 2022 decided on 13 October 2022 Justice Hemant Gupta and Justice Sudhanshu Dhulia 23. We have heard learned counsels for the parties at length. I find that the following questions arise for consideration in the present appeals:  (i) Whether the appeals should be heard along with Kantaru Rajeevaru (Right to Religion, In Re-9J) and/or should the present appeals be referred to the Constitution Bench in terms of Article 145(3) of the Constitution? (ii) Whether the State Government could delegate its decision to implement the wearing of uniform by the College Development Committee or the Board of Management and whether the Government Order insofar as it empowers a College Development Committee to decide on the restriction/prohibition or otherwise on headscarves is ex facie violative of Section 143 of the Act? (iii) What is ambit and scope of the right to freedom of ‘conscience’ and ‘religion’ under Artic...

  Aishat Shifa vs The State of Karnataka and others. Civil Appeal 7095 of 2022 decided on 13 October 2022 Justice Hemant Gupta and Justice Sudhanshu Dhulia 23. We have heard learned counsels for the parties at length. I find that the following questions arise for consideration in the present appeals:  (i) Whether the appeals should be heard along with Kantaru Rajeevaru (Right to Religion, In Re-9J) and/or should the present appeals be referred to the Constitution Bench in terms of Article 145(3) of the Constitution? (ii) Whether the State Government could delegate its decision to implement the wearing of uniform by the College Development Committee or the Board of Management and whether the Government Order insofar as it empowers a College Development Committee to decide on the restriction/prohibition or otherwise on headscarves is ex facie violative of Section 143 of the Act? (iii) What is ambit and scope of the right to freedom of ‘conscience’ and ‘religion’ under A...

  The reply speech of Justice Krishna Bhat on his retirement makes shocking revelation about superior Court Judges' kith and kin misusing their position to obtain favourable orders in subordinate Courts. Justice Krishna Bhat candidly discloses how the children of the Supreme Court Judge have been misusing their position. There are instances where the children of SC Judge visiting the trial Court Judges with clients asking for favourable orders/judgments.    Excerpts from Justice Krishna Bhat’s speech.     “Now, I find certain coyness at the higher level and it was felt necessary to rechristen the manner of referring to subordinate Courts in a manner at variance with the nomenclature found at Chapter VI of the Constitution of India. I am not certain that all these similar measures have ensured to instil a sense of self-confidence, value of self respect and sense of independence among the members of subordinate judiciary and without that I suspect Judges at the Tr...

The reply speech of Justice Krishna Bhat on his retirement has provided substantial material for serious debates concerning the institution of judiciary especially at the Taluka and District levels.  Justice Krishna Bhat's speech makes scathing attack on the following practices. 1. Judges of the superior Courts expecting royal treatment from the trial Court Judges. 2. Kith and kin of superior Court judges trying to influence the trial Court Judges in the discharge of judicial functions. 3. Trial Court Judges trying to please superior Court Judges by unnecessary, unwarranted and often questionable methods. Excerpts from Justice Krishna Bhat’s speech.   “Now, I find certain coyness at the higher level and it was felt necessary to rechristen the manner of referring to subordinate Courts in a manner at variance with the nomenclature found at Chapter VI of the Constitution of India. I am not certain that all these similar measures have ensured to instil a sense of self-...