Supreme Court considers the suo moto case "IN RE: TO ISSUE CERTAIN GUIDELINES REGARDING INADEQUACIES AND DEFICIENCIES IN CRIMINAL TRIALS".

Sr Advs Siddharth Luthra and R Basant have submitted a draft rules on criminal practice.

The draft rules on criminal practice were submitted by the amicus curiae in March 2020.

https://t.co/wgbip9xefB
Luthra : On March 5, 2020, a report on draft criminal rules was submitted after a colloquium with High Courts.
Luthra : After the draft rules have been circulated, we have only received responses of High Courts of Andhra Pradesh, Telangana, Allahabad and Delhi. As many as 20 High Courts have chosen not to respond.
CJI : We are thinking we will give High Courts to appear within 2 weeks. They may give suggestions to the draft rules or may accept the rules and give a statement regarding willingness to implement the rules in HC.
Luthra : Some HCs have expressed willingness to implement the draft rules. Some HCs say they have more comprehensive rules. Some HCs says some of the rules are given as directions in some judgments.
Luthra : There is also a issue of standardization of VC hearing rules on trial.

CJI : That is a separate issue. We have a case from Delhi today.

Luthra : That is item 20. I am appearing in that too.

CJI : No, you don't appear in that. We want you to be amicus in that case.
CJI led bench starts dictating the order :

'The deficiencies in trials were found attributable to criminal rules of practice in force. So it was felt necessary to prepare draft rules which can be incorporated in existing rules'.
CJI led bench starts dictating the order :

Notices were issued to Registrar Generals of High Courts, Chief Secretaries/Administrators of States/UTs and Advocate Generals for general consensus on draft rules.
CJI led bench starts dictating the order :

A committee comprising Senior Advs R Basant, Siddharth Luthra and K Parameshwar was constituted to go into the issues after considering the existing rules of all the High Courts. The Committee submitted a report on draft rules.
CJI led bench states in the order :

This court has got responses only of High Courts of Andhra Pradesh, Telangana, Karnataka, Delhi and Allahabad to the draft criminal rules.
CJI led bench states in the order :

In such circumstances, we consider it necessary to call upon the High Courts to submit their reports within 2 weeks. In case HCs cannot do so, the Registrar General of the HC shall remain present in this court on the next hearing date
The bench states the reply must be a "substantive reply" and not just a formal reply.

On failure to do so, the Registrar Generals of HCs must appear on next hearing date with necessary instructions.
Adv Sneha Kalita for Gauahati High Court says that the High Court has submitted an affidavit in 2017.

Luthra : That was in the early stage. We are seeking response to the report submitted in March 2020.
Kalita says the copy of the report is not served on the Gauhati HC.

CJI says that the copy of the report is available in the official website of the Supreme Court and may be accessed from there.
Luthra : As regards item 20(case against Delhi HC physical hearing), I have endorsed a statement supporting virtual hearing. It is part of record. I think it is my duty to point that out.

He submits this is response of CJI's suggestion to make him amicus in that case.
CJI : How is this a disqualification? Just because a person has expressed a view on the matter, that is not a disqualification to be a member of committee. Generally, there is a peculiar lack of comprehension about constitution of a committee. They are not judges.
CJI : We are not saying this in reference to the case(item 20). We are talking of a general misunderstanding. Committee members are not judges. They can change their views.

More from Live Law

More from India

Some readers have been asking what #India2030 is all about.
Here’s a chapter-by-chapter thread on the 20 forecasts by 20 thought leaders on 20 themes that will define India in the 2020s.
1/n


Chapter 20 of #India2030 by @davidfrawleyved talks about how the Civilizational Resurgence of India will reconnect its ancient past to ride into a dharmic future
2/n

Chapter 19 of #India2030 by @devdip tells us what the new idea of Nationalism in the 2020s will be — an integral union of the nation with the self
3/n

Chapter 18 of #India2030 by @sandipanthedeb examines how ideologies and technologies will intrude into and redefine Friendships
4/n

Chapter 17 of #India2030 by @authoramish studies the Soft Power of India and says its global influence will be through the confluence of materialism and spiritualism
5/n
Hindutva does not belong to Modi nor his party, it belongs to the people as a unifying, decolonial ideology similar to pan-Africanism or Yugoslavism.

His own brand of "positive secularism" is even milder - deepening special rights and welfare schemes for religious minorities.


After the disbanding of the Hindu Mahasabha and Jana Sangh, Hindutva as a political ideology does not even exist, except as a bogeyman in the minds of the Anglophone elite.

Even the BJP gave up Hindutva for civic nationalism, Gandhian socialism, and positive secularism in 1980s.

Under Modi, there has been compete policy continuity on minority rights and welfare from the Congress era, with little to no "Hindutva agenda" coming to see the light of day.

The most radical policy they can dream of is religion-neutral laws and equal rights for equal citizens.

Hindutva was essential in forming a national consciousness, but was abandoned with time. The modern BJP refuses to self-identify as a Hindutva movement, adopting moderates like Sardar Patel, Deendayal Upadhyay, and JP Narayan as their icons, rather than Savarkar or the Mahasabha.

When they say Hindu Rashtra, all they mean is an "Indic polity".

When British India was partitioned into a Muslim homeland and a Dharmic homeland, one state became a 'Ghazi' garrison state, and one the successor state to the Indic

You May Also Like

Great article from @AsheSchow. I lived thru the 'Satanic Panic' of the 1980's/early 1990's asking myself "Has eveyrbody lost their GODDAMN MINDS?!"


The 3 big things that made the 1980's/early 1990's surreal for me.

1) Satanic Panic - satanism in the day cares ahhhh!

2) "Repressed memory" syndrome

3) Facilitated Communication [FC]

All 3 led to massive abuse.

"Therapists" -and I use the term to describe these quacks loosely - would hypnotize people & convince they they were 'reliving' past memories of Mom & Dad killing babies in Satanic rituals in the basement while they were growing up.

Other 'therapists' would badger kids until they invented stories about watching alligators eat babies dropped into a lake from a hot air balloon. Kids would deny anything happened for hours until the therapist 'broke through' and 'found' the 'truth'.

FC was a movement that started with the claim severely handicapped individuals were able to 'type' legible sentences & communicate if a 'helper' guided their hands over a keyboard.