DAILY LAW NEWS UPDATE – 4TH MAY 2020

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This Article is written by Shubhangi Zite, a student of ILS, Pune.

SC dismisses plea challenging the appointment of Karnataka HC Judge

The SC on Monday dismissed a plea by Shivmogga principal district judge RKGMM Mahaswamiji challenging the appointment of a Junior Judicial Officer Padmaraj N Desai as an Additional Judge of the Karnataka High court and to put stay on his swearing-in ceremony saying that it breaches the seniority rule.

The bench consisting of Justices Deepak Gupta and Aniruddha Bose took up the matter through video conferencing and dismissed the plea saying that it does not interfere with presidents’ orders on the appointment of the judge at the eleventh hour and it cannot entertain such plea.

Advocate Sanjay Nuli who appeared as petitioner said that if the stay is not put on the swearing-in ceremony of Padmaraj N Desai then SC may cause failure to complete justice and violate fundamental rights guaranteed to the petitioner under articles 14 and 16 of the constitution.

Jamiat approaches SC to oppose any stay on burial in Mumbai Cemeteries.

Jamiat Ulama-i- hind along with Navpada Masjid Bandra and Santa Cruz Golibar Dargah Trust approaches SC to oppose any stay on the burial of COVID-19 patients in 2 Mumbai cemeteries saying that burial is essential for followers of Islam.

The organization has mentioned in their petitions that proper care and precaution are being taken during the burial ceremony and till now no instance of any transmission has been recorded.

On April 27 Bombay HC refused to put stay on burials after that petitioner moved to SC. The petitioner feared that burial of COVID-19 patients may risk the spreading of the virus.

The organization also mentioned that Municipal Corporation has notified these cemeteries as safe for such burials.

SC reserves its orders regarding Net speed in J&K

SC on Monday restrained orders on a petition regarding restoring of 4G internet speed in J&K for purposes especially health services and online access to education during COVID-19 lockdown.

The bench constituted of Justices NV Ramana, Surya Kant and BR Gavai heard petition through video conferencing filed by Foundation of Media Professionals, Private School Organization of J&K, and Soayib Qureshi.

The petition mentioned that doctors are finding difficult to function effectively due to low internet speed and enlightened about the increased numbers of COVID-19 cases and deaths in the region.

Attorney general KK Venugopal on behalf of the Central government said that speed restriction is important to control terrorism in the region. He also stressed that it is the policy decision of the government and the court should not interfere.

The administration held that speed restriction does not have any effect on COVID-19 control measures and online education.

Over Pak’s court order India’s strong opposition to Islamabad.

Recently Pakistan SC gave order allowing the conduct of general elections in Gilit-Baltistan. India has conveyed a strong protest to Pakistan over this issue.

The Ministry of External Affairs (MEA) has asked Pakistan to immediately vacate areas under its illegal occupation consisting of entire J&K along with areas of Gilgit-Baltistan and Ladakh as they are an integral part of India by virtue of its fully legal irrevocable accession.

The MEA further mentioned that the government of Pakistan or its judiciary has no locus standi on territories illegally and forcibly occupied by it. It also said that India completely opposes this order of Pakistan’s SC.

The MEA said that Pakistan’s recent action cannot hide its illegal holding of parts of union territories of J&K and Ladakh by it nor the “grave human rights violations”, exploitation and denial of freedom to people residing I these areas.

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