New Delhi, February 9
A debate continued to rage on the latest judgement of Justice Markandey Katju of the Supreme Court on the “unjustified and unnecessary” arrests in most of the criminal cases and on the question of restoration of the anticipatory bail provision in Uttar Pradesh.

The debate was precipitated further with a three-judge Bench, headed by Chief Justice K.G. Balakrishanan, seeking to reconsider the judgement given by Justice Katju, sitting in a division Bench with Justice H.K. Sema, who, as a senior judge, had referred the verdict to the CJI not agreeing with some of the findings and observations.

A section of legal fraternity, supporting the findings of Justice Katju, says there was nothing wrong in it as his observations were not in the form of direction to be placed in the category of a judicial mandamus but were of recommendatory nature, leaving it entirely at the will of the executive or the legislature as the case may be, to act upon or “ignore” them.

Justice Katju, who has emerged as a strong votary opposing the “excessive” use of judicial powers by the courts and had written an equally strong judgement on “judicial overreach” in PIL matters earlier, in the latest verdict itself had made it clear that though he was expressing strong opinion against the deletion of the anticipatory bail provision in UP, he had not issued a mandamus to the state government, the experts say.

To justify their argument, they quote Justice Katju’s observations… “In my opinion this is a specious argument, since it has not made much difference to the crime position in the states where the provision for anticipatory bail exists, even in terrorist affected states. No doubt the recommendation of the court is not binding on the state government/state legislature but still it should be seriously considered, and not simply ignored….

“The court usually makes a recommendation when it feels that the public is facing some hardship. Such recommendation should, therefore, be given respect and serious consideration.”

They point out that Justice Katju was constraint to make recommendatory order to the UP government to immediately issue an ordinance to restore the provision for anticipatory bail by repealing Section 9 of the UP Act No. 16 of 1976, and empowering Allahabad High Court as well as the sessions court to grant anticipatory bail, because, earlier such directions issued by the High Court had just been “ignored” by the state government.

They further point out that the distinction between the recommendation on the anticipatory bail issue to the UP government and the direction to other states regarding the implementation of the apex court’s earlier judgement in the Joginder Kumar’s case on following the arrest guidelines strictly, could be made from the concluding paras of the judgement.

Bangalore, February 9
For the first time, India will market its defence products, including the surface-to-surface Akash missile, Unmanned Aerial Vehicles and various radar systems, at the Defence Expo to be held in Delhi from February 16 to 19.

The DRDO has been given the go-ahead to export these products, including the entire Akash air defence system, reusable pilotless aircraft Lakshya, Nishant UAVs and different kinds of radar systems, all of which have been indigenously developed.

The chief controller (R&D), DRDO, Dr Prahalada, told The Tribune that the country’s investments in all products being offered for export had already borne fruit with the armed forces already placing orders for them. Without disclosing the numbers involved, he said the armed forces had confirmed orders worth Rs 3,000 crore for the Akash air defence system. He said similarly orders had been received for 12 Nishant low endurance reconnaissance UAVs worth Rs 230 crore and for 42 Lakshya aircraft worth Rs 122 crore.

He said the weapon systems, which would be showcased for the first time in the defence expo, would be offered as complete units and also in the form of joint venture production. 

BRIEFLY

Kamath ceases to be Prasar Bharati chief
New Delhi: The government has brought out an ordinance, reducing the term of the Prasar Bharati chairman to three year from six years, which relieves incumbent M.V Kamath of his post with immediate effect. However, CEO Prasar Bharati B.S. Lalli will get five years as the ordinanace has raised the upper age limit for the post from 62 to 65. Besides, it has raised the term of the post to six years from five. — UNI

Sikhs compete for Mr Singh title
Mumba: Sikh youths from across the country walked the ramp as they competed for the coveted 'Mr Singh' title at a pageant in Mumbai. The conclusive round of this pageant was held at Shanmukhanad Hall on Friday. The main aim of the contest was to make modern Sikh youth realise the importance of traditions. — ANI

Mahesh Yogi’s body to be brought to Allahabad
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