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Time of India
a day ago
- Politics
- Time of India
Justice Pardiwala's anti-quota remark expunged in 2015
NEW DELHI: The age-old saying that a human being's life moves in a cycle is strangely true for judges of constitutional courts, especially for Justice J B Pardiwala who became a judge of Gujarat HC in Feb 2011 and was fast-tracked to Supreme Court in May 2022. No one other than Justice Pardiwala can better explain the complications that entail when a constitutional court judge sidetracks the issue before him and makes observations not germane to the pleadings before courts of record - SC and HCs. Unfortunately, Justice Pardiwala did not fall back on his own experience while dictating the order on Aug 4 making harsh comments about the competence of an Allahabad HC judge in criminal matters, and worse barring him from touching criminal cases for adjudication for his entire tenure as an HC judge. CJI B R Gavai's intervention and the graciousness of Justices Pardiwala and R Mahadevan to expunge the remarks against the HC judge may have helped salvage the HC judge's stature, but he may have to live with the memory of the odium. Interestingly in Dec 2015, Justice Pardiwala, as a Gujarat HC judge, while refusing to quash sedition charges against Patidar Anamat Andolan Samiti convener Hardik Patel, had drifted away from the criminal case before him to make sweeping anti-reservation comments. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like She Mixed Pink Salt With This - Now She Can't Stop Losing Weight Break The Weight Learn More Undo In his judgment, he had said, "If I am asked by anyone to name two things, which has destroyed this country or rather, has not allowed the country to progress in the right direction, then the same is - reservation and corruption. It is very shameful for any citizen of this country to ask for reservation after 65 years of independence. When our Constitution was framed, it was understood that reservation would remain for a period of 10 years but unfortunately it has continued even after 65 years of independence. The biggest threat, today, for the country is corruption." Saying that reservations have caused social divisiveness, Justice Pardiwala had observed, "The parody of the situation is that India must be the only country wherein some of the citizens crave to be called backward." This anti-quota remark in a judgment incensed many political leaders and 58 Rajya Sabha MPs moved a notice for initiation of his removal from judgeship. Within a few hours of the motion being filed by the MPs, the Gujarat govt came to Justice Pardiwala's rescue by moving an application requesting the judge to expunge the 'offensive' remarks. Justice Pardiwala acted swiftly and expunged the entire paragraph 62 from his judgment. He directed the HC registry to issue a fresh certified copy of the judgment sans Paragraph 62 which had contained the controversial anti-quota observation.
Time of India
07-07-2025
- Business
- Time of India
21 years after private firm staffer's death, kin to get his PF post 15-year legal battle
AHMEDABAD: Around 21 years after the death of private firm employee, Sureshchandra, his wife Varsha Shukla and their son Vikrant will receive his Provident Fund (PF), following a 15-year-long legal battle. Tired of too many ads? go ad free now Sureshchandra's other wife, Hinarani, and daughter Vilaspati had objected to Varsha's PF claim. Last week, city civil court granted a succession certificate to Varsha and Vikrant, stating the deceased employee's PF amount of over Rs 10 lakh should be handed over to them. Sureshchandra died in May 2004 without a will. In Jan 2009, Varsha received a letter from the commissioner of EPFO, informing her that Hinarani had claimed Sureshchandra's PF amount as his widow. When Varsha objected, EPFO insisted she obtain a succession certificate. In 2010, a city civil court ordered issuance of the certificate in their names. Hirarani and Vilaspati then moved Gujarat HC in 2016, claiming they were Sureshchandra's legitimate heirs. They argued that Varsha and Vikrant had suppressed details about pending litigation in UP, and wrongfully obtained the succession certificate. In 2017, HC quashed the succession certificate and directed the city civil court to decide the issue afresh after hearing both parties. Over time, Vilaspati remained the only objector to Varsha and Vikrant's claim. In 2022, the court was told Vilaspati had died and she had no heir. The court then allowed Varsha and Vikrant's application, ordering that they be paid the PF amount along with accrued interest.
Indian Express
30-05-2025
- Indian Express
Four years after Surendrangar man, minor son were killed in ‘fake encounter', FIR lodged against 7 police personnel
Following three years of legal battle by a teenaged girl against an alleged fake encounter in which her father and minor brother were killed in Gujarat's Surendranagar four years ago, an FIR was filed against a sub-inspector and six other police personnel in the case. Hanifaben Jatmalek, the mother-in-law of the deceased Hanifkhan Jatmalek and the legal guardian of his daughter Suhana, lodged an FIR against the seven accused at the Bajana police station on Thursday. It is the same police station where the accused, including police sub inspector (PSI) Virendrasinh Jadeja, Head Constables Rajeshbhai Mithapara and Kirit Solanki; and Constables Shaileshbhai Kathevadiya, Digvijaysinh Zala, Prahladbhai Charmata and Manubhai Fatepara, were posted at the time of incident in 2021. The accused were booked under Indian Penal Code (IPC) sections 302 (murder) and 114 (abettor present when crime is committed). Suhana told The Indian Express, 'After a long legal battle, we are now satisfied that an offence has been registered against the accused police officers who had, in a fake encounter, killed my father and my brother. I will get justice only if these police personnel are strictly punished, so that neither them nor any other policeman dare to take such action in the future.' In 2022, Suhana, who was 13 at the time, filed a writ petition with the Gujarat High Court, requesting legal action against the accused policemen. The quorum of Gujarat HC Chief Justice Sunita Agarwal and Justice Pranav Trivedi, on July 26, 2024, passed and order, stating, 'The petitioner is at liberty to approach the court of concerned Magistrate, by moving an application under section 156(3), of Code of Criminal Procedure. On such an application being filed along with the copy of this order, the concerned Magistrate shall make necessary inquiry and do the needful strictly, in accordance with law.' Suhana had filed an application with Surendranagar district Dhrangadhra Patdi JMFC (Judicial Magistrate First Class) on April 17 this year. Judge R R Zimba passed an order stating that Bajana police should register an offence against the seven police personnel. 'The investigation should be done by a Deputy Superintendent of Police rank officer, and a report should be submitted to the court,' the court had added. According to Hanifaben's FIR, 'On November 6, 2021, Bajana police sub-inspector Jadeja and six other policemen came to our house in Gediya village in private vehicles and dressed in plain clothes. They posed as police personnel, caught hold of Hanifkhan and made him sit in the car. At this, Hanif's 14-year-old son Madeen came out of the house and tried to prevent them (since they were dressed as civilians) from taking his father away. PSI Jadeja took out a revolver from his pocket and shot Madeen on the chest at point-blank range, killing him on the spot. As Hanifkhan struggled with police staffers, he was also shot dead by PSI Jadeja.' The FIR further stated, 'As the neighbours gathered, the cops left the spot and, later, lodged a police complaint of attempt to murder against Hanifkhan's family members. The purpose was to hide the encounter. Even after this incident, the accused police personnel continued to threaten us.' Surendranagar district's Deputy Superintendent of police J D Purohit, who is the investigating officer in the case, said, 'I have received the charge of the investigation today. I will call the complainant and the witnesses in the case and record their statements. I will also check the status of the complaint lodged by PSI Jadeja against the family members and relatives of Hanifkhan. The seven accused police personnel will be called and their statements will be recorded… If the policemen are found guilty in my investigation, we will arrest them. It will take around two to three months for the investigation to conclude.'
Time of India
21-05-2025
- Business
- Time of India
5 years after Covid warrior died, Gujarat high court orders Rs 25 lakh aid
AHMEDABAD: Nearly five years after his death from Covid, Gujarat HC has ordered compensation of Rs 25 lakh for a corona warrior's family. The benefit is in line with a state pandemic policy of April 2020, but govt had rejected an application by Ahmed Patel's widow on technical grounds. HC has directed govt to make the payment within six weeks to the family of Patel, who worked in a state-run fair price (ration) shop and was on emergency duty during the outbreak. Patel was a weigh-man at the shop in Aachhod village of Bharuch, engaged in distribution of essential commodities on behalf of govt. Patel died on Aug 12, 2020. His widow Tahera's application was rejected by govt on Jan 9, 2023, on the ground that the district supply officer had not supplied within the prescribed time limit the list of employees engaged in emergency services.
Indian Express
01-05-2025
- Politics
- Indian Express
Gujarat High Court gets seven new judges as Union ministry notifies appointment of judicial officers
The Union Ministry of Law and Justice on Thursday notified the appointment of seven judicial officers as judges of the Gujarat High Court on Thursday, coinciding with the 65th Foundation Day celebrations in the state. The notification stated that the President of India has appointed Judicial Officers Liyakathussain Shamsuddin Pirzad, Ramchandra Thakurdas Vachhani, Jayesh Lakhanshibhai Odedra, Pranav Raval, Mool Chand Tyagi, Dipak Mansukhlal Vyas, and Utkarsh Thakorbhai Desai to be judges of the Gujarat HC, 'in that order of seniority, with effect from the date they assume charge of their respective offices.' The appointments are part of the ongoing measures to improve the disposal rate of pending cases and increase the capacity of the Gujarat HC.
