Case BriefsCOVID 19High Courts

Bombay High Court: A Division Bench of Dipankar Datta, CJ and G.S. Kulkarni, J., directs railways to allow Advocates to travel by local trains for physical hearings on an “experimental basis”.

Possibility as to whether lawyers who are appearing in the High Court before the Benches which are taking physical hearing, permission to travel by local trains to be discussed.

Advocate General, as well as Additional Solicitor General, had fairly consented to consider the said request on an experimental basis.

Advocate General after taking instructions has placed on record a brief note which would set out the arrangements that can be made for lawyers who are attending the physical hearing before the High Court.

Further, Additional Solicitor General has also taken instructions from the railways and would state that in principle, the railways are also agreeable for this arrangement to be set into motion as suggested on behalf of the State.

Bench stated that in view of the present situation Court can only consider the request in regard to the advocates and no one else.

Accordingly, the Court accepts the arrangement as suggested on behalf of the State and as agreed on behalf of the railways which would be in effect from 18-09-2020.

In view of the above, Court passed the following order:

  • Advocate concerned intends to physically appear before the Benches of this Court at its principal seat at Mumbai shall apply to the designated Registrar of the High Court seeking a day’s pass relating to the particular date only on which his/her matter is listed for hearing before one of the four Benches of this High Court.
  • The designated Registrar only after confirming the correctness of the claim so made in the application in terms of the present arrangement via email will issue a certification of the requirement for a particular day to the advocate concerned.
  • Upon receipt of such certification from the designated Registrar, the advocate concerned will approach the railway authorities to obtain appropriate pass/document for travel or ticket permitting him/her to avail the local train services, for the particular day for which travel permission is required.
  • Railway authorities after verifying the pass so issued will issue appropriate travel documents/tickets etc., as the case may be, permitting travel by local train services to the advocate for the particular day.

The above-stated arrangement will be available to the advocate only who satisfies all the above conditions.

Bench states that in case the certification issued by the Registrar is misused, it would be open for the Bar Council of Maharashtra and Goa to take appropriate actions.

All the proceedings adjourned to 06-08-2020. [Chirag Chanani v. Union of India, 2020 SCC OnLine Bom 929, decided on 15-09-2020]

Hot Off The PressNews

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India has recently awarded Geographical Indication (GI) to five varieties of Indian coffee. They are:

  • Coorg Arabica coffee is grown specifically in the region of Kodagu district in Karnataka.
  • Wayanaad Robusta coffee is grown specifically in the region of Wayanad district which is situated on the eastern portion of Kerala.
  • Chikmagalur Arabica coffee is grown specifically in the region of Chikmagalur district and it is situated in the Deccan plateau, belongs to the Malnad region of Karnataka.
  • Araku Valley Arabica coffee can be described as coffee from the hilly tracks of Visakhapatnam district of Andhra Pradesh and Odisha region at an elevation of 900-1100 Mt MSL. The coffee produce of Araku, by the tribals, follows an organic approach in which they emphasise management practices involving substantial use of organic manures, green manuring and organic pest management practices.
  • Bababudangiris Arabica coffee is grown specifically in the birthplace of coffee in India and the region is situated in the central portion of Chikmagalur district. Selectively hand-picked and processed by natural fermentation, the cup exhibits full body, acidity, mild flavour and striking aroma with a note of chocolate. This coffee is also called high grown coffee which slowly ripens in the mild climate and thereby the bean acquires a special taste and aroma.

The Monsooned Malabar Robusta Coffee, a unique specialty coffee from India, was given GI certification earlier.

In India, coffee is cultivated in about 4.54 lakh hectares by 3.66 lakh coffee farmers of which 98% are small farmers. Coffee cultivation is mainly done in the Southern States of India:

  • Karnataka – 54%
  • Kerala – 19%
  • Tamil Nadu – 8%

Coffee is also grown in non-traditional areas like Andhra Pradesh and Odisha (17.2%) and North East States (1.8%).

India is the only country in the world where the entire coffee cultivation is grown under shade, hand-picked and sun-dried. India produces some of the best coffee in the world, grown by tribal farmers in the Western and Eastern Ghats, which are the two major bio-diversity hotspots in the world. Indian coffee is highly valued in the world market and sold as premium coffee in Europe.

The recognition and protection that comes with GI certification will allow the coffee producers of India to invest in maintaining the specific qualities of the coffee grown in that particular region. It will also enhance the visibility of Indian coffee in the world and allow growers to get the maximum price for their premium coffee.

[SOURCE: PIB]

Ministry of Commerce and Industry

Case BriefsHigh Courts

Madras High Court Considering need to avoid the misuse of Article 19(1)(a) of Constitution, in the case represented V. Raghavachari and K. Rajendra Prasad, bench of V. Ramasubramanian, J allowed the writ petition and directed the respondents to provide protection to the petitioner to enable them to have their name exhibited in the film and in the publicity materials.

The Court further held that once a film is certified for screening by the Central Board of Film Certification thereafter no group or organisation or association can demand any further censoring on the ground that something in the film hurts the religious, communal, racial or linguistic sentiments of someone or the other. If they do so then such action of demanding the removal of any dialogue or scene or sub-title or title from a film which is already certified for release by the Central Board of Film Certification, would tantamount to a blackmail. Then, if it is allowed to succeed, it would automatically lead to extortion.

In the present case, the petitioner had produced a feature film named “Kathi” but few organisations and political parties issued threats that they would not permit the screening of the film as the petitioner company was managed and controlled by persons who are very close to the President of Sri Lanka and that therefore, the film deserved to be boycotted. Fearing serious consequences, the petitioners got their names removed from the prints as well as the advertisement and none of the groups indulged in any protest, peaceful or violent after that. Taking note of this fact, the Court held that the protest was not based on any ideology as the protestors were happy with a mere removal of the name of the petitioner on screen, though not off screen.

Court showed discontent with the fact that Article 19(1)(a) of the Constitution has become a tool for the people to use it in their favour whenever they want it and to demand the denial of the same to others, with whom they do not see eye-to-eye, the Court said that Article 19(1)(a) of the Constitution is being violated by some organisations who try to champion some cause which are closer to their hearts but are not accepted to the Government or the party in power. LYCA Production Pvt. Ltd v.  Government of Tamil NaduSCC OnLine Mad 8448, decided on 27.11.2014