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December 2012 Karnataka Judicial Academy Crescent House, Crescent Road, Bangalore 560 001 Tel.: 2238 2894/96 Fax:2238 2895 Email.: [email protected] Www.kjablr.kar.nic.in CONTENTS From the Desk of the President Important Amendments by Parliament Important amendments by the Karnataka State Legislature Important judgments of Supreme Court of India Important judgments of High Court of Karnataka Articles Programmes of Karna- taka Judicial Academy Other News

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Page 1: Karnataka Judicial Academykjablr.kar.nic.in/sites/kjablr.kar.nic.in/files/ews... · 2013-06-10 · Karnataka Judicial Academy Crescent House, Crescent Road, Bangalore 560 001 Tel.:

December

2012

Karnataka Judicial Academy

Crescent House, Crescent Road, Bangalore 560 001 Tel . : 2238 2894/96 Fax:2238 2895

Email . : d irk jab@gmail .com Www.kjablr .kar.nic . in

CONTENTS

• From the Desk of the

President

• Important Amendments

by Parliament

• Important amendments

by the Karnataka State

Legislature

• Important judgments of

Supreme Court of India

• Important judgments of

High Court of Karnataka

• Articles

• Programmes of Karna-

taka Judicial Academy

• Other News

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From the Desk of the President

PAGE 2 KARNATAKA JUDICIAL ACADEMY DECEMBER 2012

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PAGE 3 KARNATAKA JUDICIAL ACADEMY DECEMBER 2012

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PAGE 4 KARNATAKA JUDICIAL ACADEMY DECEMBER 2012

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Important amendments by the Parliament

The Indian Evidence Act, 1872

[SECTION 3:- ……….. “Evidence”.- “Evidence”

means and includes –

(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to

matters of fact under inquiry,

such statements are called oral evidence;

(2) *[all documents including electronic records pro-

duced for the inspection of the Court],

such documents are called documentary evidence. *Substituted by Act 21 of 2000 Section 92 and Sched-ule II—1(A), for “ all documents produced for the in-spection of the Court” (with effect from 17-10-2000). ………………[the expressions “Certifying Authority”, **[electronic signature], **[Electronic Signature Certifi-cate], “electronic form”, “electronic records”, “information”, “secure electronic record”, “secure digi-tal signature” and “subscriber” shall have the mean-

ings respectively assigned to them in the Information Technology Act, 2000 (21 of 2000).] ** Substituted by Act 10 of 2009, sec. 52(a), for

“digital signature” and “Digital Signature Certifi-

cate” respectively (with effect from 27-10-2009).

***[SECTION 45A:- Opinion of Examiner of Elec-

tronic Evidence. – When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence re-ferred to in Section 79-A of the Information Technolo-

gy Act, 2000 (21 of 2000), is a relevant fact.

Explanation. - For the purposes of this section, an

Examiner of Electronic Evidence shall be an expert;]

***Inserted by Act 10 of 2009, section 52(b) (with ef-

fect from 27.10.2009)

SECTION. 47A. Opinion as to ****[electronic signa-

ture] when relevant- When the Court has to form an opinion as to the ****[electronic signature] of any per-son, the opinion of the Certifying Authority which has issued the *****[Electronic Signature Certificate] is a

relevant fact.

**** Substituted by Act 10 of 2009, section 52(c)(i), for “digital signature” (with effect from 27-10-

2009).

***** Substituted By Act 10 of 2009, section 52(c)(ii), for “Digital Signature Certificate” (with effect

from 27-10-2009).

SECTION 67A. Proof as to ******[electronic signa-

ture].- Except in the case of a secure ******[electronic signature], if the ******[electronic signature] of any subscriber is alleged to have been affixed to an elec-tronic record the fact that such ******[electronic signa-

ture] is the ******[electronic signature] of the subscriber

must be proved.

****** Substituted by Act 10 of 2009, sec.52(d), for

“digital signature” (with effect from 27-10-2009).

SECTION 85A. Presumption as to electronic agree-

ments.- The Court shall presume that every electronic record purporting to be an agreement containing the *******[electronic signature] of the parties was so con-

cluded by affixing the *******[electronic signature] of

the parties.

******* Substituted by Act 10 of 2009 , section 52(e), for

“digital signature” (with effect from 27-10-2009).

SECTION 85 B. Presumption as to electronic record

and ********[electronic signatures].- In any proceed-ings involving a secure electronic record, the Court shall presume unless contrary is proved, that the se-cure electronic record has not been altered since the specific point of time to which the secure status re-

lates.

In any proceedings, involving secure ********[electronic signature], the Court shall presume unless the contra-

ry is proved that –

the secure ******** [electronic signature] is affixed by subscriber with the intention of signing or

approving the electronic record; except in the case of a secure electronic record or a

secure ********[electronic signature], nothing in this section shall create any presumption relating to authenticity and integrity of the electronic record or any ********[electronic sig-nature].]

******** Substituted by Act 10 of 2009, section 52(f),

for “digital signature” (with effect from 27-10-2009).

SECTION 85 C. Presumption as to *********

[Electronic Signature Certificates].-The Court shall presume, unless contrary is proved, that the infor-mation listed in a *********[Electronic Signature Certifi-cate] is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber. ********* Substituted by Act 10 of 2009, section 52(g), for “Digital Signature Certificates” (with effect from 27-10-2009). SECTION 90 A. Presumption as to electronic rec-

ords five years old.-………………... the court may pre-sume that the **********[electronic signature] which

purports to be the **********[electronic signature] of any particular person was so affixed by him or any person authorised by him in this behalf. ……………………………………………………………………… **********Substituted by Act 10 of 2009, section 52(h),

for “digital signature” (with effect from 27-10-2009).

PAGE 5 KARNATAKA JUDICIAL ACADEMY DECEMBER 2012

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Important amendments by the Karnataka State Legislature

PAGE 6 KARNATAKA JUDICIAL ACADEMY DECEMBER 2012

The Registration Act Section2: …………… (2) “book” includes a portion of a book and al-

so any number of sheets connected to-gether with a view of forming a book or

portion of a book *[and the information,

storage devices like floppy disk, hard

disk or compact disk, etc., microfilm or

any other device]; *Inserted by Karnataka Act No. 32 of 2001, Sec-

tion 4 (with effect from 3-10-2001).

**[PART XI-A REGISTRATION OF DOCU-MENTS BY MEANS OF ELECTRONIC OR OTH-ER DEVICES 70-A. Application of this part.- This part shall apply only to the areas in respect of which a no-

tification is issued by the State Government un-

der Section 70-C.

70-B. Definition.- In this part, “Process of Reg-istration of documents by means of electronic or

other devices” shall mean and include scanning

and preservation of documents with the help of

computers, scanners, compact disks, printers, micro-filming and any other device used for the

purpose of storage and retrieval when required.

70-C. Process of registration of documents by means of electronic or other device in the areas notified by the State Government.- (1) The state Government may by notification direct

that to any District or Sub-District specified in

this behalf process of registration by means of

electronic or other device shall be applicable and

the documents admitted for Registration under this Act may be scanned or Micro-filmed and

their images stored and preserved with the help

of electronic or any other device.

(2) On the issue of such notification, it shall be pasted in a conspicuous place at each registra-

tion ***[office] affected by the notification.

……………………………………………………………

…………………………………………………………….

70-E. Evidentiary value of copy of certain

documents registered through the process of

registration by means of electronic or other

devices or by other methods.-Notwithstanding

anything contained in this Act or any other law

for the time being in force, a copy of any docu-

ment registered through the process of registra-

tion by means of electronic or other devices or by any other method and certified or attested by

the Registering Officer in charge of the office

shall also be received in evidence of any transac-

tion as is described in the said document.

70-F. Saving.-Nothing in this part shall apply,-

(1) to any document which in the opinion of the

Registering Officer is not in a condition fit to be

processed by means of electronic or other devic-

es;

(2) in the case of unforeseen eventuality like

break-down of the electronic or other devices of

registration:

Provided that the Registering Officer shall record in writing the reasons therefor.

Provided further that the Registering Of-

ficer shall ensure that the data and images of the

documents registered during the period of non-application of this part due to a break-down of

electronic or other device are duly incorporated

into the system, after the same is restored in the

manner specified in the rules by the Inspector

General of Registration.

70-G. Powers of the State Government under

this Chapter.-Where for any reason, the State

Government is satisfied that, the process of Reg-

istration by means of electronic or other device is

not possible in respect of all documents in any

office to which this chapter applies, may direct by notification published in the Official Gazette to

copy such documents in the books kept in the

office and in accordance with the rules made for

this purpose.]

**Part XI-A and Section 70-A, 70-B, 70-C, 70-D,

70-E, 70-F and 70-G substituted for Part XI-A

and Sections 70-A, 70-B, 70-C, 70-D, 70-E, 70-F

and 70-G by Karnataka Act No. 32 of 2001, Sec-

tion 4 (with effect from 3-10-2001).

***Substituted for the words “offices” by Karna-

taka Act No. 22 of 2002, Section 2 and shall be

deemed to have come into force with effect from 3

-10-2001.

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Important amendments by the Karnataka State Legislature

PAGE 7 KARNATAKA JUDICIAL ACADEMY DECEMBER 2012

(A.Shanmugam v Ariya Kshatria Rajakula Vamshasthu Madalaya Nandhavana Paripalanai Sangam) Dalveer Bhandari and Dipak Mish-

ra, JJ. 2012 SCC (6) 430

While considering the scope of grant or refusal of temporary injuncion and the duty of the court to find out the truth, the Apex court has laid down the following principles:- A. In Maria Margarida Sequeria Fernandes, this Court examined the importance of grant or

refusal of an injunction in paras 83 to 86 which

read as under:

“83. Grant or refusal of an injunction in a civil

suit is the most important stage in the civil trial.

Due care, caution, diligence and attention must

be bestowed by the judicial officers and judges

while granting or refusing injunction. In most cases, the fate of the case is decided by grant or

refusal of an injunction. Experience has shown

that once an injunction is granted, getting it va-

cated would become a nightmare for the defend-

ant.

84. In order to grant or refuse injunction, the

judicial officer or the Judge must carefully ex-

amine the entire pleadings and documents with

utmost care and seriousness. The safe and bet-ter course is to give a short notice on the injunc-

tion application and pass an appropriate order

after hearing both the sides. In case of grave

urgency, if it becomes imperative to grant an ex-

parte ad interim injunction, it should be granted

for a specified period, such as, for two weeks. In those cases, the plaintiff will have no inher-

ent interest in delaying disposal of injunc-

tion application after obtaining an ex-parte

ad interim injunction.

85. The Court, in order to avoid abuse of the

process of law may also record in the injunction

order that if the suit is eventually dismissed, the

plaintiff undertakes to pay restitution, actual or

realistic costs. While passing the order, the Court must take into consideration the prag-

matic realities and pass proper order for mesne

profits. The Court must make serious endeav-

our to ensure that even-handed justice is given

to both the parties.

86. Ordinarily, three main principles govern the

grant or refusal of injunction. a) prima facie

case; b) balance of convenience; and c) irrepa-

rable injury, which guide the Court in this re-gard.

In the broad category of prima facie case, it is

imperative for the Court to carefully analyse the

pleadings and the documents on record and on-ly on that basis the Court must be governed by

the prima facie case. In grant and refusal of in-

junction, pleadings and documents play a vital

role.” ……………(Para 33)

B. …….1. It is the bounden duty of the Court to

uphold the truth and do justice. 2. Every liti-

gant is expected to state truth before the

law court whether it is pleadings, affidavits or

evidence. Dishonest and unscrupulous litigants

have no place in law courts. 3. The ultimate

object of the judicial proceedings is to discern

the truth and do justice. It is imperative

that pleadings and all other presentations be-

fore the court should be truthful. 4. Once the

court discovers falsehood, conceal-

ment, distortion, obstruction or confusion in

pleadings and documents, the court should in

addition to full restitution impose appropriate

costs. The court must ensure that there is no

incentive for wrong doer in the temple of justice.

Truth is the foundation of justice and it has to

be the common endeavour of all to uphold

the truth and no one should be permitted to

pollute the stream of justice. 5. It is the bound-

en obligation of the Court to neutralize

any unjust and/or undeserved benefit or ad-

vantage obtained by abusing the judicial pro-

cess. 6. The watchman, caretaker or a servant

employed to look after the property can never

acquire interest in the property irrespective of

his long possession. The watchman, caretaker

or a servant is under an obligation to hand over

the possession forthwith on demand. According

to the principles of justice, equity and good con-

science, the Courts are not justified in protecting

the possession of a watchman, caretaker or

servant who was only allowed to live into the

premises to look after the same. 7. The watch-

man, caretaker or agent holds the property

of the principal only on behalf the principal. He

acquires no right or interest whatsoever in such

property irrespective of his long stay or posses-

sion. 8. The protection of the Court can be

granted or extended to the person who has a

valid subsisting rent agreement, lease agree-

ment or licence agreement in his favour.” (Para

43)

Important judgments of the Supreme Court of India

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DECEMBER 2012 KARNATAKA JUDICIAL ACADEMY Page 6

Important judgments of the Supreme Court of India

Mohan Shantanagoudar, V.Jagannathan, Ravi Malimath JJJ. 2012-ILR(KAR)-0-509 :2011-LAWS(KAR)-12-30 (STATE OF KARNATAKA, BY CIRCLE IN-SPECTOR OF POLICE vs. HOSAKERI NINGAPPA) Head notes The full bench of Karnataka High Court has laid down the following principles regarding case and counter case:-

A..……..The procedural laws are de-

signed to further the ends of justice and not to

frustrate them by the introduction of endless

technicalities. The object of the Code is to en-

sure that an accused person gets a full and

fair trial along with certain well established and well-understood principles that accord

with our notions of natural justice. If there be

substantial compliance with the requirements

of law providing the accused a full and fair tri-

al in accordance with principles of natural jus-tice, no order of a competent Court should be

reversed or altered in appeal or revision on ac-

count of a procedural irregularity unless the

same results in miscarriage of justice. The pro-

cedural laws are designed to sub serve the

ends of justice and not to frustrate them. The test to be applied is whether the accused had a

fair trial in spite of the transgression of the

prescribed rule or procedure. In judging the

question of prejudice, Courts must act with a

broad vision and look to the substance and not to technicalities and their main concern

should be to see whether the accused had a

fair trial; whether he knew that he was being

tried for; whether the main facts sought to be

established against him were explained to him

fairly and clearly; and whether he was given a full and fair chance to defend himself.

(Para-13)

B. To sum up, the procedure to be adopted in case and counter case is that the

investigation should be conducted by the same

Investigating Officer and the prosecution

should be conducted by two different Public

Prosecutors. The trial should be conducted by

the same Court. After recording the evidence and after hearing the arguments, the judgment

should be reserved in one case and thereafter

the evidence should be recorded and the argu-

ments should be heard in the other case. It is

needless to observe that the arguments in both

the matters shall be heard by the same Learned

Judge. The judgments should be pronounced by

the same Judge simultaneously i.e., one after the other. In deciding each case, the Trial Judge can

only rely on the evidence recorded in that partic-

ular case and the evidence recorded in the cross

case (or counter case) cannot be looked into. The

Judge shall not be influenced by the evidence or

arguments in the cross case. However, if the evi-dence recorded in one case is brought on record

in another case in accordance with the procedure

known to law, then, such evidence which is legal-

ly brought on record can be looked into. Except

in such situation, the evidence recorded in one case cannot be looked into in another case.

(Para-16)

C. In view of the foregoing reasons, we answer the points referred to us as under: (a) If the case and counter case are not tried simulta-

neously as held by the Supreme Court in the case

of Nathi Lal vs. State of U.P. (Supra) and in the case of Sudhir and others vs. State of M.P (Supra) the proceedings ipso facto do not get viti-ated. But, where the irregular procedure adopted

by the Trial Court has caused prejudice to the

accused and has occasioned failure of justice, the

proceeding and the trial vitiates. Otherwise the

proceedings are protected under Section 465 of

the Code. (b) The evidence recorded in one case cannot be looked into in the other case. The Trial

Judge can only rely upon the evidence recorded

in that particular case and the evidence recorded

in the cross case cannot be looked into. Each

case must be decided on the basis of the evidence which has been placed on record in that particu-

lar case. However, if the evidence recorded in one

case is brought on record in accordance with pro-

cedure known to law in the other case, then,

such evidence which is legally brought on record

can be looked into. Otherwise, the evidence rec-orded in one case cannot be looked into in the

other case. (c) If the Trial Court disposes of the

case and counter case on different dates acquit-

ting the accused therein and no appeal is pre-

ferred in one of the cases and the appeal is pre-ferred in the case decided later, the proceedings

in the later case do not automatically get vitiated.

Each case has to be judged on its own merits.

Unless prejudice is shown to have been caused to

the accused, the proceedings in the later case do

not get vitiated…...….(Para-18)

Important judgments of the High Court of Karnataka

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PAGE 9 KARNATAKA JUDICIAL ACADEMY DECEMBER 2012

Article

Citizenship-Rights and Duties

Excerpts from “CITIZENSHIP-

RIGHTS AND DUTIES” by JUSTICE

E.S.VENKATARAMIAH, JUDGE, SUPREME

COURT OF INDIA, (Justice R.K.Tankha Me-

morial Lecture, 1988 delivered under the

auspices of the Central India Law Institute,

Jabalpur)

THE CONCEPT OF CITIZENSHIP

In essence, citizenship is a bond. Man,

when he comes into this world, is born with a

physical bond. This is towards his parents.

Though biological in origin, it has a deeply rich

emotional content. As he grows, he comes to form a number of other bonds. Some of these

are extra-legal and purely emotional, such as

the bond of friendship. A few of them have

both legal and emotional aspects, such as the

bond of marriage. A few of them, again, have only legal aspects, such as the bond arising

out of contract. But the one bond that arises

on birth and flowing from the law, may govern

the life of an individual throughout his or her

existence is the bond of citizenship. This as-

pect does not become prominent in our static life - a proposition which might be true of

many other legal links. It is only when a prob-

lem of some difficulty arises or a controversy of

some magnitude emerges, that the strength or

weakness of the bond and the manner in which it is binding, becomes crucial.

The concept of citizenship has funda-

mental links with the development of political

thought throughout the centuries. The pre-

sent day word ‘citizen’ itself is derived from the French root word ‘citoyen’. As at present un-

derstood, it has two meanings. According to

the first meaning, it is linked with a particular

city, for example, as when one speaks of

‘citizen of Paris’. In the second meaning, it carries connection with the State or the nation

and indicates a certain type of relationship

with a particular nation. It is for this reason

that the word ‘nationality’ is often used in oth-

er countries to denote the political and legal

link that exists between a particular State and those who owe permanent allegiance to it.

However, the one disadvantage of the expres-

sion ‘nationality’ is that it has a negative and

disjunctive quality about itself. It indicates a

sociological affinity. It emphasizes the demar-

cating barrier between one nation and another

and makes subordinate the philosophical link

between a State and its own nationals. The modern nation States owe their origin to the

idea of nationality like, the French, the Ger-

mans or the Dutch. The idea that a person

who is not a member of a nation can also be a

citizen is overlooked. In contrast, the word

‘citizen’ makes it possible to hint at the fact that within a geographical territory organized

as a political entity, there could be a number of

persons between whom and the political organ-

isation there is affinity. Citizenship in this case

may be acquired by birth or by naturalization. The present day United States of America is an

ideal illustration to explain this concept. Peo-

ple who originally belonged to different nation-

alities have now become citizens of the United

States of America. Citizenship in this case is

an affinity that makes them care for the politi-cal organisation and also makes that organisa-

tion care for them. It is thus a cementing tie,

positive in its content and constructive in its

approach. The fact that citizens may, if neces-

sary, take up arms for the State to which they belong and may be called upon to do so is inci-

dental to this relationship. What is of primary

value is that in their daily life and conduct,

they owe obligations to the State.

It is to the Greeks that we owe the basic concept of citizenship. The Greek States did

not have large territories. Mostly, they were

small city States, ruled by monarchy or, at

times, by some other form of Government. But

the fact was that persons permanently residing within the geographical territories or units

owed an obligation to the State and enjoyed

certain rights and they brought into the fore-

front the intimate relationship between the

State and these residents. Thus was born the

concept of citizen. The fact that the States were also cities might have something to do

with the origin of the word. But once the con-

cept was evolved, it lost the purely local colour

and came to occupy an important place in the

history of philosophical thought.

Athens was a model city State. The pe-

riod between 460 B.C. and 430 B.C. during

which Pericles ruled was perhaps its best peri-

od. Those years have been ideally called as the

classical Greek period during which period the Greek culture blossomed. It gave a stimulus to

the entire European world in all departments of

life and art – literature, philosophy, art, sculp-

ture, drama, science and medicine. This was

followed by the era of Aristotle and Alexander.

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PAGE 10 KARNATAKA JUDICIAL ACADEMY DECEMBER 2012

W.H.Auden writes:

“There could be no stronger proof of the riches and depth of Greek

culture than its powers of appeal

to every kind of personality. It

has been said that every one is

born either a Platonist or an Ar-

istotelian; but it means to me that there are more contrasted

and significant divisions than

this, between for instances, the

lovers of Ionia and lovers of

Sparta, between those who are devoted to both Plato and Aristo-

tle and those who prefer Hippoc-

rates and Thucydides to either.”

Proceeding further Auden said:

“Had Greek civilization never ex-

isted, we might fear God and

deal justly with our neighbours,

we might practice arts and even

have learned how to devise fairly simple machines, but we would

have never become fully con-

scious, which is to say that we

would never have become, for

better or worse, fully human.”

This is the tribute paid by a modern Eu-

ropean to the ancient Greek civilization which

was dependent on the practice of good citizen-

ship and observance of equality in political life.

This Greeks themselves were great thinkers. Unlike the modern intellectuals, they did not

divide life into segments. Nor did they divide

knowledge into compartments. They regarded

life as one integral whole, to be lived to the full.

It was a rich life, not devoid of pleasures of the

senses, but, at the same time, not wanting in the refinements of civilisation. The body, the

mind and the soul went together. The family,

the society and the State supplemented each

other.

With this approach towards life, it was inevita-

ble that knowledge was also regarded as inte-

gral. It was to be an instrument for living the

full life, enriched with subtle thinking and occa-

sional philosophical excursions. It was in this

climate that Greek drama, history, poetry, rhet-oric and other intellectual achievements were

born and took shape. This naturally made it

possible for the Greeks to accept the thinking of

philosophers who offered deep insights into re-

ality and a co-ordinated approach. The famous

trilogy of Greek philosophers-Socrates, Plato

and Aristotle-wonderfully enriched Greek think-

ing. Each of them viewed life as a whole and

took all knowledge as his province. Socrates stood for free thinking. Plato’s thinking which

probably will survive for a few more centuries,

has a stamp of originality and depth, of which

the finer nuances have not yet been grasped,

even though a hundred generations have

passed. Aristotle, the last of these three great philosophers, tried to systematize, collect and

co-ordinate knowledge. He had the advantage

of the abstract doctrines of Plato and could

make concrete many of the abstractions. Cov-

ering almost all branches of knowledge, Aristo-tle did not leave out politics and ethics. In

Book III of Politics Aristotle tries to give some

idea of the organisation of the State. A portion

of the discussion is devoted to the citizen.

Here, he mentions the essential attributes of a

citizen as one who takes part in the process of judgment and in the deliberations of the As-

sembly. Because of the peculiar nature of the

city States in Greece, Aristotle’s emphasis on

these two functions is understandable. Even

though the citizen in the modern State has no direct role to play in law-making or in the mak-

ing of political decisions by representative as-

semblies, Aristotle’s formulation about the citi-

zen has not lost its significance. It serves to

highlight the basic postulate of a democratic

State, namely, that every citizen has some part to play in the governance of the country. Simi-

larly, Aristotle’s mention of the role of the citi-

zen in the administration of justice, though it

may now appear to be only of historical value,

serves the important function of reminding us that the administration of justice is an essential

function of the State. It also reminds us that

even if a court of law may be primarily con-

cerned with disputes between the individuals

who are parties to the dispute, every citizen is

interested in the process of justice. Academic though it may appear, this aspect has been

known to assume considerable practical im-

portance from time to time, in modern legal

doctrines and decisions. Not unoften, legal

controversies arise as to how far the principle of open trial can be properly departed from. Legal

controversies inevitably arise as to the consid-

erations on which exceptions, if any, could be

made to the principle that the proceedings of a

court shall be open to the public (including the

press) and the reporting of judicial proceedings is to be regarded as a matter, not only of legal

right, but also of relevance as a means of edu-

cation and information for the citizens.

* * * * * *

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Programmes of Karnataka Judicial Academy

PAGE 11 KARNATAKA JUDICIAL ACADEMY DECEMBER 2012

ForCivilJudges2008-2009Batch,VIandVIIthreedaysRefresherCoursewas

conductedfrom05.11.12to07.11.12and19.11.12to21.11.12–20JudicialOf&icers

participatedineachRefresherCourse.

IX,XandXI3daysRefresherCoursesforSeniorCivilJudgeswasconductedfrom

08.11.12to10.11.12,15.11.12to17.11.12and22.11.12to24.11.12–20Judicial

Of&icersparticipatedineachRefresherCourse.

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PAGE 12 KARNATAKA JUDICIAL ACADEMY DECEMBER 2012

Two-days workshop for Judicial Officers on

``Perspectives of Marginalized Women & Law:

was conducted at the Karnataka Judicial Acad-

emy on 03.11.12 and 04.11.12. The workshop

was organized by Karnataka Health Promotion

Trust under a Project called Samvedana, in

partnership with the National Law School of

India University and Karnataka Judicial Acade-

my. More than 165 judicial officers attended the

inaugural event. Hon’ble Justice Nadoja Dr.

V.S. Malimath, Chairman of Karnataka State

Law Commission, while inaugurating the pro-

gramme said that ``no woman enters prostitu-

tion by choice and most of them are either

forced, tricked or trafficked into the profession

and are rendered helpless victims.’’

``This kind of a workshop is very important to

sensitise the judges as their role is not just in-

terpretation or implementation of law, but to

provide dignity while delivering justice to the

marginalized women,’’ said Justice Malimath,

former chairman of National Human Rights

Commission. ``After watching the brutal as-

saults on their rights and life in an incident in

Goa, I have interacted with them and realized

how they live on the fringes without access to

any entitlements. On that occasion as chairman

of NHRC, I have stopped their houses from be-

ing demolised,’’ he added.

Justice N Kumar, President of Karnataka Judi-

cial Academy & Hon’ble Judge, High Court of

Karnataka, said that the workshop would pro-

vide clarity and better understanding of the role

judges can play in providing protection to sex

workers who face violence. ``The main goal is to

give the judges a first-hand view of the plight of

sex workers so that they can be sensitive in

providing dignity to marginalized women while

delivering justice to the victims’’ he said.

Dr Sarasu Esther Thomas, Co-ordinator, Centre

for Woman and Law, National Law School of

India University said that ``Sex workers do not

get access to simple social entitlements like ra-

tion cards or voter identity cards and are usual-

ly seen as illegal citizens. The Indian constitu-

tion is more for the poor and marginalized sec-

tions and it is our duty as members of society

to provide dignity and respect to these victims.’’

Earlier, Dr Srinath Maddur, Project Director,

Karnataka Health Promotion Trust, who intro-

duced the project said: ``Any kind of violence is

a human rights violation and a public health

issue especially in the context of HIV.’’ Mr

Ashokanand, IAS Director (Advocacy), wel-

comed the guests and judges.

Other News

2daysworkshopforJudicialOf�icerson“PersepctivesofMarginalizedWomenand

Law”on03.11.12and04.11.12atKarnatakaJudicialAcademy.

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Other News

PAGE 13 KARNATAKA JUDICIAL ACADEMY DECEMBER 2012

2daysworkshopforJudicialOf�icers on

“PersepctivesofMarginalizedWomenandLaw”on03.11.12and04.11.12atKarna-

takaJudicialAcademy.

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GOVERNANCE

KARNATAKA JUDICIAL ACADEMY

Hon’ble Mr. Justice Vikramjit Sen

Patron-in-Chief

Hon’ble Chief Justice,

High Court of Karnataka

Hon’ble Mr. Justice N. Kumar

President

Board of Governors

Hon’ble Mr. Justice Ashok B. Hinchigeri

Hon’ble Mr. Justice A.S. Bopanna

Hon’ble Mrs. Justice B.V. Nagarathna

Hon’ble Mr. Justice B.V. Pinto