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Calcutta High Court took the suo motu cognizance of the letter received by Advocate Mr D. C. Kabir regarding the grim state of affairs and challenges being faced by the people in the Union Territory of Andaman and Nicobar Islands due to complete lockdown in view of the Coronavirus (nCOVID-19) outbreak.

A bench led by the Chief Justice Thottathil B Radhakrishnan & Justice Dipankar Datta said, “access to Justice is multifaceted assistance to the people. It is not confined to mere access to courts. It spreads out and tickles down multifarious inalienable necessities for human existence and environment management. Provisions to support cohesive and comprehensive deliverance of matters connected with life is among the guarantees, including fundamental rights, in the Constitution. Therefore, we are of the view that the content of the letter petition requires to be addressed and remedial measures, as may be found necessary, ought to be pushed through as a first step in this regard.”

“Hence, we direct the Union of India and the Territory of Andaman and Nicobar Islands through Chief Secretary to respond immediately by sending reports over email to the Registrar General of this Court, which in turn shall be placed before us for Our consideration. Copy of this letter petition shall be forwarded to Union of India and the Union Territory of Andaman and Nicobar Islands by the Registrar immediately”, said Court.

Court constitutes a monitoring committee headed by the District Judge, with Judicial Secretary, the Superintendent of Police, South Andamans & the President of the Bar Association, Port Blair, as member, to not only ensure access to justice for all but also to act on behalf of the Court and to report on the Ground realities.

“Committee to make overall assessment of all relevant factors including supply of essential commodities and essential articles, medicines, fuel & availability of other support mechanism for the people of Andaman and Nicobar Islands. The committee shall forward the first report to Registrar General of this Court by 30th March, 2020 by email”, said Court.

Court directed, “District Judge, Andaman and Nicobar Islands to notify the public at large that they may, in extremely urgent situation, file petition before the Registry with soft copies which will immediately be registered & transmitted to Registrar Kolkatta via email or other available mode for being placed before the Chief Justice. The Judicial Secretary, who is the Member Secretary of the State Legal services Authority, Andaman & Nicobar Islands, to similarly notify and upon receipt of any such petition citing extremely urgent situation requiring judicial intervention, the same shall be placed before the District Judge for registration and thereafter, in the same manner be placed before the  Chief Justice for Consideration.” 

The matter now would be heard on 31st March, 2020.

Read Letter:

DCK letter to CJ and Judges final draft

Read Notice:

notice-2688-28-Mar-2020

-India Legal Bureau 

 

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1 COMMENT

  1. “ A CITIZENS VOICE ”: JUDICIARY is a professional body of Intellects, expected to work, with a sense of commitment, accountability to the people of India, for fairness and justice, primarily in the good, common interest of the citizens of INDIA, to impart TRUE AND FAIR TIMELY JUSTICE.
    Hence, high time INDIAN JUDICIAL SERVICE IS IMPLEMENTED IN PRACTICAL SENSE. “ Legislature ‘s wings to be clipped, while they are all of no one class to professionally speak of Competency of Judges / Professionals. Such transfers of Judges, to their whims and fancies are be condemned and made invalid, for being discriminatory, unfair, not suited to an arena of JUDICIAL OFFICERS. unless administratively decided in other Administrative arena s of discipline. Elite Professionals, who have to decide among themselves, considering their own prestige and dignified life, decency and decorum, in Human Society.. Why? There is no much interference in the Engineering, Medicine and other scientific area of discipline. It’s because the Politicians in power, puts mental-stress over the Judicial Officers, to have all to yield to their untoward pressures, for bias and prejudiced outlook, to favour whom they like to their whims and fancies. Which you all would agree, that this way of national governance, is unworthy and totally unacceptable in INDIAN human-society, after 72 long years of INDIAN INDEPENDENCE. While INDIANS abroad/overseas are not pressurised with stress and strain by the unworthy incompetent men. Be convinced that on viewing the true statistics if crimes. JUDICIARY is a professional body of intellects, expected to work with sense of commitment, accountability to the people for fairness and justice, primarily in the good common interest of the citizens of INDIA, to impart justice. Legislature ‘s wings to be clipped while they are all of no one class to professionally speak of competency of Judges/professionals. Such transfers are be invalid for being discriminatory, unfair, not suited to an arena of JUDICIAL OFFICERS. who have to decide among themselves. Why no much interference in the Engineering, Medicine and scientific area of discipline, it because the Politicians in power puts mental stress over the Judicial Officers to yield to their pressures for bias and prejudiced outlook, which you all learned readers would agree is unacceptable in human-society. Please view the real, true statistics MOST JAWANS DIED IN PEACE TIME OF THIS REGIME< More pandemonium in Lok/Rajya Sabha, as like fish market, Crimes on the rise as the hooligans/ruffians are being breaded to scare the innocent citizens of India who are living hand to mouth and their weaknesses are availed to secure Vote-Bank, to secure.the seat of political power with no just or fair practice. Please view the cries of the common people includes well read and well travelled who met people of all walks of life. THE COURTS IN INDIA these days are not reliable to seek JUSTICE and hence the birth of ARBITRATION THE TIMELY NECESSITY which being the mother of invention, which is a conglomeration of enlightened qualified professionals of all allied fields of discipline, leading to fair and just, made out in open-page and transparent, without suppression of facts, nothing to hide and seek ..
    If you all would view the real true statistics, of these days:-
    • Several Jawans dead during the peace-time, than of in war times.
    • Period of unrest and pandemonium in LOK/RAJYA SABHA, scenario of fish-market. Wrong-Place
    • CRIMES on the rise – politically motivated, considering rampant corruption. Breeding of criminals at the basement-level of many local police stations, to meet the shortage of criminals cause of increasing crimes in the metropolitan cities, availing ruffians/hooligans/pick-pocketers / Haftha-collections from shop-keepers in the market and business-houses .
    Please view the cries of the common people includes well read and well –travelled, who have met people of all walks of life. within India and abroad. Hence, THE COURTS IN INDIA these days, are not reliable to seek JUSTICE in waste of time, efforts and money, hence the birth of “ ARBITRATION “ WHICH IS THE PRIME NECESSITY, FOR THE PRESENT TIMES which being the mother of NECESSITY. Also started off as a Conglomeration of enlightened qualified professionals of all allied fields of discipline, which believes in FAIR, and JUST valuing precious time. BELIEVE IN LIVE AND LET LIVE OTHERS AS WELL
    Authentical System’s Copy. Treated as Signed. Dr. Chand ran Krishnan Peechulli,
    A Fellow Chartered Engineer & Corporate Lawyer – Research Scholar in Ph.D Law. W/App 7904972990

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