CHAPTER—26 General Rules of Procedure
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Contempt and Public Interest
Contempt and Public Interest as an incidental but not intended Robin Bowiey, in this paper which received by-product, cause some likelihood an honourable mention in the 2005 CAM LA of prejudice to a person who hap pens at the time to be a litigant ...It Assay Prize, advocates dearer rules regarding is well settled that a person cannot be prevented by process of contempt sub judice contempt. from continuing to discuss publicly a matter which may fairly be regarded Introduction "The conflict between freedom of as one of public interest, by reason speech and the proper administra of the fact that the matter in ques The law of sub judice contempt strivesto tion of justice is most likely to arise tion has become the subject of litiga balance the right to freedom of speech when a media organisation pub tion."8 ' . and discussion of matters of public inter lishes material which may interfere Walker explains that until the High Court's est with the right for persons facing legal with the course of particular legal decision in Hinch, there was considerable proceedings to have a fair trial, unpreju proceedings. Typically, those respon uncertainty regarding the practical appli diced by media comment. Striking a sible will not intend to prejudice the cation of the Breadmakers principle, with balance between these two interests is proceedings. They may have been some courts viewing the principle as an a difficult task, which in Australia, has motivated solely by a desire to bring inflexible rule.9 In Hinch it was held that been addressed by the common law over to the attention of the public mat courts must engage in a "balancing exer time. -
Challenges to the Sub Judice Rule in South Africa
Page 1 of 9 Original Research Challenges to the sub judice rule in South Africa Author: As a lawyer, it is a privilege to contribute to this Festschrift in honour of Professor Doctor Johan Kobus van Rooyen1, 2 Buitendag. His entire career has been a quest for the truth. In the process, he has fearlessly rejected political agendas based on the Bible, and has inspired countless students in their Affiliations: 1Faculty of Law, University of quest to serve God in a practical and humane manner. His published research as well as the Pretoria, South Africa output of his doctoral students, both present and past, bear witness to a life dedicated to the search for knowledge in the service of God. He has also assisted substantially in placing South 2Faculty of Theology, African theological research on the international map. In a sense, this article which deals with University of Pretoria, South Africa the protection of the right to a fair trial of an accused, also acknowledges Johan Buitendag’s quest for justice for all South Africans, whatever their creed, gender, race or standing. The Note: subject of my article demonstrates my own quest to promote the constitutional right of an Chair, Broadcasting accused to a fair trial, a right that should not be subject to inordinate pressure by the media, Complaints Commission of South Africa (1993−); and which gives priority to the right of an accused to be presumed innocent: an accused who Emeritus Professor of Law, may frequently suffer loneliness and a sense of rejection. Related to that it is, of course, always University of Pretoria; important to bear in mind that freedom of expression is at the heart of our democracy. -
Left Front Government in West Bengal (1971-1982) (PP93)
People, Politics and Protests VIII LEFT FRONT GOVERNMENT IN WEST BENGAL (1971-1982) Considerations on “Passive Revolution” & the Question of Caste in Bengal Politics Atig Ghosh 2017 LEFT FRONT GOVERNMENT IN WEST BENGAL (1971-1982) Considerations on “Passive Revolution” & the Question of Caste in Bengal Politics ∗ Atig Ghosh The Left Front was set up as the repressive climate of the Emergency was relaxed in January 1977. The six founding parties of the Left Front, i.e. the Communist Party of India (Marxist) or the CPI(M), the All India Forward Bloc (AIFB), the Revolutionary Socialist Party (RSP), the Marxist Forward Bloc (MFB), the Revolutionary Communist Party of India (RCPI) and the Biplabi Bangla Congress (BBC), articulated a common programme. This Left Front contested the Lok Sabha election in an electoral understanding together with the Janata Party and won most of the seats it contested. Ahead of the subsequent June 1977 West Bengal Legislative Assembly elections, seat- sharing talks between the Left Front and the Janata Party broke down. The Left Front had offered the Janata Party 56 per cent of the seats and the post as Chief Minister to JP leader Prafulla Chandra Sen, but JP insisted on 70 per cent of the seats. The Left Front thus opted to contest the elections on its own. The seat-sharing within the Left Front was based on the “Promode Formula”, named after the CPI(M) State Committee Secretary Promode Das Gupta. Under the Promode Formula the party with the highest share of votes in a constituency would continue to field candidates there, under its own election symbol and manifesto. -
JUSTICE MATTERS Independence, Accountability and the Irish Judiciary TANYA WARD
JUSTICE MATTERS Independence, Accountability and the Irish Judiciary TANYA WARD 22473_ICCL_Judiciary_cover_sectio1473_ICCL_Judiciary_cover_sectio1 1 111/07/20071/07/2007 111:26:561:26:56 Th e Irish Council for Civil Liberties (ICCL) is Ireland’s leading independent human rights watchdog, which monitors, educates and campaigns in order to secure full enjoyment of human rights for everyone. ABOUT THE AUTHOR: TANYA WARD is Senior Research and Policy Offi cer with the Irish Council for Civil Liberties. 22473_ICCL_Judiciary_cover_sectio2473_ICCL_Judiciary_cover_sectio2 2 111/07/20071/07/2007 111:26:581:26:58 CONTENTS ABOUT THE ICCL 5 SECTION 4 Personal Independence and the Irish Judiciary 45 ACKNOWLEDGEMENTS 7 4.1 Introduction 46 4.2 Appointments 46 4.2.1 Selection and Criteria 46 SECTION 1 Introduction 9 4.2.2 Th e Judicial Advisory Appointments Board 1.1. Introduction 10 (JAAB) 50 1.2. Aims and Objectives of Study 12 4.3 Conditions of Service and Tenure 54 1.3. Methodology 13 4.4 Adequate Remuneration 56 1.4. Report Outline 14 4.5 Freedom of Expression and Association 57 4.5.1 Representation and Association 57 4.5.2 Extra-Judicial Comment and Educating SECTION 2 International Human Rights the Public 58 Standards on Judicial Independence and 4.6 Competence, Diligence and Judicial Studies 60 Impartiality 15 4.6.1 Judicial Studies in Ireland 60 2.1 Introduction 16 4.6.2 Induction 62 2.2 What is Judicial Independence? 16 4.6.3 Human Rights Education 63 2.3 What is Judicial Impartiality? 18 4.6.4 Further Academic Studies 65 2.4 International -
Upholding the Integrity of Our Justice System and Balancing Rights
UPHOLDING THE INTEGRITY OF OUR JUSTICE SYSTEM AND BALANCING RIGHTS A note from Indranee Rajah S.C., Senior Minister of State for Law The Administration of Justice (Protection) Act was enacted by Parliament on 15 August 2016. • The Act can be found at statutes.agc.gov.sg. • The Minister for Law’s Second Reading (2R) speech can be found at www.mlaw.gov.sg. With the Act, the law of contempt of court is now written into statute. Contempt of court has always existed at common law in Singapore. However it was the only non-statute based criminal law, an observation by former Chief Justice Chan Sek Keong, which prompted the review that led to the Act that has just been passed. Under the common law, there were also no upper limits on the punishment that could be meted out. The Act: • maintains the existing law of contempt, save for one change; • introduces a new procedural mechanism to deal with contemptuous publications in the social media age; and • imposes limits on the maximum punishment. Putting contempt law into statutory form makes it clearer and defines its boundaries. This is important given the penal consequences for contempt. PURPOSE AND INTENT Singapore adheres strongly to the rule of law. The laws against contempt of court ensure fair and effective justice, and protect the integrity of our legal institutions. They balance free speech with an individual’s right to a fair trial and ensure that court orders are complied with. All these are critical to maintaining societal order. The law of contempt falls into four broad categories:- • Scandalising the Court – this prevents baseless attacks against our judges. -
SCC File No. 37112 in the SUPREME COURT of CANADA
S.C.C. File No. 37112 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL OF ONTARIO) BETWEEN: JOSEPH PETER PAUL GROIA APPELLANT (Appellant) -and- THE LAW SOCIETY OF UPPER CANADA RESPONDENT (Respondent) -and- DIRECTOR OF PUBLIC PROSECUTIONS, ATTORNEY GENERAL OF SASKATCHEWAN, ATTORNEY GENERAL OF ONTARIO, LAW SOCIETY TRIBUNAL, ADVOCATES’ SOCIETY, BARREAU DU QUEBEC, CANADIAN CIVIL LIBERTIES ASSOCIATION, BRITISH COLUMBIA CIVIL LIBERTIES ASSOCIATION, INDEPENDENT CRIMINAL DEFENCE ADVOCACY SOCIETY, FEDERATION OF LAW SOCIETIES OF CANADA, ONTARIO CROWN ATTORNEYS’ ASSOCIATION, ONTARIO TRIAL LAWYERS ASSOCIATION, CANADIAN BAR ASSOCIATION, CRIMINAL LAWYERS’ ASSOCIATION OF ONTARIO INTERVENERS FACTUM OF THE INTERVENER, ATTORNEY GENERAL OF SASKATCHEWAN (Pursuant to Rule 42 of the Rules of the Supreme Court of Canada) MINISTRY OF JUSTICE AND GOWLING WLG (CANADA) LLP ATTORNEY GENERAL 160 Elgin Street GOVERNMENT OF SASKATCHEWAN Suite 2600 820 – 1874 Scarth Street OTTAWA ON K1P 1C3 REGINA SK S4P 4B3 D. Lynne Watt Sharon H. Pratchler, Q.C. Tel: (613) 786-0171 Tel: (306) 787-5584 Fax: (613) 788-3587 Fax: (306) 787-9111 Email: [email protected] Email: [email protected] Ottawa agent to Counsel for the Intervener Counsel for the Intervenor, Attorney General Attorney General of Saskatchewan of Saskatchewan - i - LERNERS LLP GOWLING WLG (CANADA) LLP 130 Adelaide Street West 160 Elgin Street Suite 2400 Suite 2600 TORONTO ON M5H 3P5 OTTAWA ON K1P 1C3 Earl A. Cherniak, Q.C. (9113C) Jeffrey W. Beedell Tel: (416) 601-2350 Tel: (613) 786-0171 Fax: (416) 867-2402 Fax: (613) 788-3587 Email: [email protected] Email: jeff.beedell @gowlingwlg.com Counsel for the Appellant, Joseph Peter Paul Ottawa Agent to Counsel for the Appellant, Groia Joseph Peter Paul Groia LENCZNER SLAGHT ROYCE SMITH DENTONS CANADA LLP GRIFFIN LLP 99 Bank Street, Suite 1420 Suite 2600 OTTAWA ON K1P 1H4 130 Adelaide Street West TORONTO ON M5H 3P5 David R. -
State Policy, Agricultural Research and Transformation of Indian Agriculture with Reference to Basic Food-Crops, 1947-75 Madhumita Saha Iowa State University
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Digital Repository @ Iowa State University Iowa State University Capstones, Theses and Graduate Theses and Dissertations Dissertations 2012 State policy, agricultural research and transformation of Indian agriculture with reference to basic food-crops, 1947-75 Madhumita Saha Iowa State University Follow this and additional works at: https://lib.dr.iastate.edu/etd Part of the Agriculture Commons, Asian History Commons, and the History of Science, Technology, and Medicine Commons Recommended Citation Saha, Madhumita, "State policy, agricultural research and transformation of Indian agriculture with reference to basic food-crops, 1947-75" (2012). Graduate Theses and Dissertations. 12450. https://lib.dr.iastate.edu/etd/12450 This Dissertation is brought to you for free and open access by the Iowa State University Capstones, Theses and Dissertations at Iowa State University Digital Repository. It has been accepted for inclusion in Graduate Theses and Dissertations by an authorized administrator of Iowa State University Digital Repository. For more information, please contact [email protected]. State policy, agricultural research and transformation of Indian agriculture with reference to basic food-crops, 1947-75 by Madhumita Saha A dissertation submitted to the graduate faculty in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY Major: History of Technology and Science Program of Study Committee: Amy Bix, Major Professor -
Contempt of Court
III. CONTEMPT OF COURT Linda Fuerst* A. Introduction Critics have condemned the power to punish for contempt in Canada as "antiquated and autocratic",' "remedial and coercive", 2 and 3 "complex and ill-defined". While not all have been so harsh, most agree that the law in its present state is vague, confusing and in need of reform. 4 The contempt provisions in Bill C-19 5 address many defects in the current law. The most significant revision is the amendment of section 8 of the Criminal Code, 6 abolishing the common law power of judges to punish for contempt.' The Bill adopts the recommendation made by the Law Reform Commission of Canada that steps be taken to eliminate the anomaly created by section 8 and to enumerate and define the forms of criminal contempt. Section 8 would be amended to restrict liability to one of three offences created in the Code, 9 with the exception of the power to impose punishment for non-compliance with a judicial order in a civil matter.' 0 * Law Reform Commission of Canada. This article does not necessarily reflect the Commission's views. 1 Cavanaugh, Civil Liberties and the Criminal Contempt Power. 19 CRIM. L.Q. 349, at 361 (1977). 2 Watkins, The Enforcement of Conjrmity to Law Through Contempt Proceed- ings, 5 OSGOODE HALL L.J. 125, at 139 (1967). 3 Speech by The Honourable Mark MacGuigan, Lawyers' Club of Toronto Meeting, 9 Jan. 1984. 4 See Coveney, Contempt of Court: Bulvark of Freedom or Lynch-Pin of Tyranny?, 13 WESTERN ONT. L. REV. -
Note on Parliamentary Inquiries Into Judicial Activities
Warsaw, 30 October 2020 Note-Nr.: JUD-BiH/389/2020 [AlC] NOTE ON PARLIAMENTARY INQUIRIES INTO JUDICIAL ACTIVITIES BOSNIA AND HERZEGOVINA This Note has benefited from contributions made by Dr. Marta Achler, Centre for Judicial Co-operation of the European University Institute, Italy; Professor Laurent Pech, Head of the Law and Politics Department, Middlesex University London and Professor of European Law; and Professor Jens Woelk, Professor of Comparative and Constitutional Law, University of Trento, Italy. It was developed in consultation with, and with inputs from, the OSCE Mission to Bosnia and Herzegovina. OSCE Office for Democratic Institutions and Human Rights Ul. Miodowa 10, PL-00-251 Warsaw Office: +48 22 520 06 00, Fax: +48 22 520 0605 www.legislationline.org EXECUTIVE SUMMARY Parliamentary committees of inquiry (PCIs), when established and undertaken in accordance with existing law and good practices, represent an important tool in the functioning of a healthy democracy. Where such inquiries examine the work of the judicial branch, they should adhere to established rules that preserve the separation of powers and uphold the independence of the judiciary. In spite of the wide existence of legislation across the OSCE region governing the establishment and procedure of PCIs – including in Bosnia and Herzegovina (BiH) – few have clearly established guidelines for the work of an inquiry into the judicial branch. While the rules and practices that exist across the OSCE region vary in some respects, the comparative study of the jurisdictions examined in this Note reveals that any PCI looking into the judiciary must carefully balance the public interest and the general mandate of the Parliament on the one hand, and the separation of powers and the independence of the judiciary on the other. -
Affected Areas of 32 Team Visiting Tornado West Bengal and Orissa MR. CHAIRMAN
31 Re: Composition of Central [RAJYA SABHA] Affected Areas of 32 Team visiting Tornado West Bengal and Orissa P ह .% '! 6ह E should all of you stand up at the same time? (Interruptions) ह, ह 1 6 ह, ह ह ह 6 0ह >, SHRI S. S. AHLUWALIA: But... H G U J ह 0 MR, CHAIRMAN: I have heard your point. Let ह!% ( , .04 ह ह% the Prime Minister speak. 6ह ह, ( ह ह SHRI S. S. AHLUWALIA: They have already ह!, ' ह * ह% said, Sir. MR. CHAIRMAN: But let me hear him first. MR. CHAIRMAN: I have heard both the sides. I think some solution will come out when we meet SHRI S. S. AHLUWALIA: Is it the prerogative the day after tomorrow. So, no more discussion on only of the ruling party? this. MR. CHAIRMAN: Let me hear the Prime Minister now. (Interruptions) RE. COMPOSITION OF CENTRAL TEAM K 0 0 ह : * ह 6 *P 6 VISITING TORNADO-AFFECTED AREAS 6 > 'PQ 2^% ... ( ) OF WEST BENGAL AND ORISSA Z *U ( K 0 ह "$ ) : 0 ह, 0 1 W 6 n ह ! DR. BIPLAB DASGUPTA (West Bengal): There EU 6 ,O . > J F .6 6 is another issue, Sir. I want to raise it. You mentioned in the morning about the tornado in 0U# F Z ह O$ West Bengal and Orissa. I understand it has been c" U M *# > ह 6!% # reported in the other Hosue that a delegation is L ह n ह, J am P 2 ह% going there. In that delegation somebody who is an > c04 ह ह . -
Legal Research Foundation Media Law Seminar – the New Contempt
FINAL VERSION LEGAL RESEARCH FOUNDATION MEDIA LAW SEMINAR – THE NEW CONTEMPT LEGISLATION WEDNESDAY 15 MAY 2019, PULLMAN HOTEL, PRINCES STREET, AUCKLAND Douglas White President Law Commission INTRODUCTION 1. Mr President, Justice Simon Moore, Mr Director, Andrew Brown QC, and members. Thank you for the opportunity to participate in this Legal Research Foundation Media Law Seminar. 2. My specific topic is the new contempt legislation. 3. The seminar is timely because the Justice Committee of Parliament reported back to Parliament on 5 April 2019 recommending that the Administration of Justice (Reform of Contempt of Court) Bill be passed with the amendments shown in the Bill attached to the Committee’s Report.1 4. The next step in the legislative process will be the second reading of the Bill. No date for the second reading has been fixed yet. Once the Bill has been given its second reading it will be referred to the Committee of the whole House when further changes may be made before being given its third reading. 1 Administration of Justice (Reform of Contempt of Court) Bill 2018 (39-2) (select committee report) at 1. 1 FINAL VERSION 5. The Bill, which is to be renamed the Contempt of Court Bill, codifies in statute significant parts of the common law of contempt. In particular, it covers: a. publication contempt; b. disruptive behaviour in the courtroom; c. juror contempt; d. enforcement of court orders; and e. allegations or accusations about Judges or courts. 6. The Bill follows the Law Commission’s 2017 Report – Reforming the Law of Contempt of Court: A Modern Statute Ko Te Whakahou I Te Ture Mō Te Whawhati Tikanga Ki Te Kōti: He Ture Ao Hou.2 The Report included a Bill drafted by Parliamentary Counsel. -
IN the SUPREME COURT of PAKISTAN (Appellate Jurisdiction)
IN THE SUPREME COURT OF PAKISTAN (Appellate Jurisdiction) Present: Mr. Justice Mushir Alam Mr. Justice Mazhar Alam Khan Miankhel Mr. Justice Syed Mansoor Ali Shah Civil Appeals No.621 to 624 of 2019 (on appeal from the judgment of High Court of Sindh, Sukkar Bench dated 03.06.2016, passed in Const.P.424, 425, 1626 & 1627 of 2016) National Accountability Bureau thr. its Chairman, Islamabad (in all cases) ...….Appellants Versus Shabbir Ahmed Malik & others (in C.A.621 & 623 of 2019) Abdul Ghaffar Kalwar & others (in C.A.622 & 624 of 2019) …….Respondents For the appellants: Mr. Imran ul Haq, Addl. PG NAB Mr. Ahmed Nawaz Chaudhry, AOR For respondent No.1: Mr. Aftab Alam Yasir, ASC Syed Rifaqat Hussain Shah, AOR (in C.A.621 & 623 of 2019) Nemo. (in C.A.622 & 624 of 2019) Dates of hearing: 07th & 8th January, 2020. JUDGEMENT Syed Mansoor Ali Shah, J. – These appeals raise a specific legal question: whether default of payment under a Voluntary Return (“VR”) settlement vitiates the settlement, resulting in initiation of further proceedings by the National Accountability Bureau (“NAB”) against a holder of public office or any other person under the National Accountability Ordinance, 1999 (“Ordinance”) or whether NAB can recourse to section 33E of the Ordinance to recover the amount of VR as arrears of land revenue? 2. Brief facts are that the respondents were Food Inspectors who, at the time, also held the charge of the Wheat Procurement Centre in District Jacobabad. During the inquiry C.A.No.621/2019 etc 2 initiated by the NAB against the respondents on the basis of an alleged misappropriation of wheat bags causing loss to the national exchequer, the respondents voluntarily came forward to settle the matter by offering VR under section 25(a) of the Ordinance, of the gains acquired through the said misappropriation.