‘Don’t judge only on past conduct’: SC to Maharashtra govt on judicial appointment
6 years, 5 months ago

‘Don’t judge only on past conduct’: SC to Maharashtra govt on judicial appointment

Hindustan Times  

The Supreme Court has directed the Maharashtra government to reconsider the candidature of a man who was denied not appointed as a judicial officer because he was charged with kidnapping before being declared innocent by a trial court. A bench of justices Kurian Joseph, Sanjay Kishan Kaul and Navin Sinha allowed the appeal filed by Mohammed Imran, who was denied appointment to the judicial services on the grounds he was involved in a kidnapping case. But there cannot be any mechanical or rhetorical incantation of moral turpitude to deny appointment in judicial service simplicitor.” The court said every individual deserved an opportunity to improve, learn from the past, and move ahead in life by self improvement. “To make past conduct, irrespective of all considerations, an albatross around the neck of the candidate, may not always constitute justice.,” Imran allegedly helped his friend Bilal kidnap a girl in an autorickshaw in Sangli district, Maharashtra in October 2004.

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History of this topic

Moral Views Of Judge Have No Role In Adjudication But Courts Must Consider Social Background In Which Offences Take Place: Delhi HC
1 month, 3 weeks ago

Moral Views Of Judge Have No Role In Adjudication But Courts Must Consider Social Background In Which Offences Take Place: Delhi HC

Live Law  

The Delhi High Court has observed that while moral views of a judge has no role to play in adjudication of cases but Courts must consider the social background in which the offences take place. “While the moral views of the judge or a particular segment of society should have no role in such adjudication, courts must consider the social …

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC
7 months, 1 week ago

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC

Live Law  

The Rajasthan High Court granted relief to an aspirant for a government job 9 years after his candidature was rejected, despite being meritorious, on the grounds of a pending criminal case against him. The Court observed that firstly, denying government employment merely on the grounds of a pending criminal case was illegal, arbitrary and unjust because as per criminal jurisprudence, …

No Absolute Bar On Appointment In Armed Forces When Acquittal In Moral Turpidute Case Was Due To Benefit Of Doubt: Punjab & Haryana High Court
1 year, 2 months ago

No Absolute Bar On Appointment In Armed Forces When Acquittal In Moral Turpidute Case Was Due To Benefit Of Doubt: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana has made it clear that acquittal on the ground of "benefit of doubt" in moral turpitude, cases is not an absolute bar for appointment in the Armed Forces.The petitioner was appointed as constable in the Indo=Tibetan Border Police Force on compassionate grounds, however, his appointment letter was cancelled because he disclosed that he was implicated in …

Employer Can Consider Antecedents And Suitability Of Candidate Even After Disclosure Made By Him Of Pending Criminal Cases: SC [Read Judgment]
6 years, 3 months ago

Employer Can Consider Antecedents And Suitability Of Candidate Even After Disclosure Made By Him Of Pending Criminal Cases: SC [Read Judgment]

Live Law  

“While so considering, the employer can certainly take into account the job profile for which the selection is undertaken, the severity of the charges levelled against the candidate and whether the acquittal in question was an honourable acquittal or was merely on the ground of benefit of doubt or as a result of composition.”The Supreme Court has observed that even …

Employer Can Consider Antecedents And Suitability Of Candidate Even After Disclosure Made By Him Of Pending Criminal Cases: SC [Read Judgment]
6 years, 3 months ago

Employer Can Consider Antecedents And Suitability Of Candidate Even After Disclosure Made By Him Of Pending Criminal Cases: SC [Read Judgment]

Live Law  

“While so considering, the employer can certainly take into account the job profile for which the selection is undertaken, the severity of the charges levelled against the candidate and whether the acquittal in question was an honourable acquittal or was merely on the ground of benefit of doubt or as a result of composition.”The Supreme Court has observed that even …

There Cannot Be Any Mechanical Denial Of Appointment In Judicial Service On The Ground Of Moral Turpitude: SC [Read Judgment]
6 years, 5 months ago

There Cannot Be Any Mechanical Denial Of Appointment In Judicial Service On The Ground Of Moral Turpitude: SC [Read Judgment]

Live Law  

‘To make past conduct, irrespective of all considerations, an albatross around the neck of the candidate, may not always constitute justice.’The Supreme Court has directed the state authorities to reconsider the candidature of a successful aspirant for judicial service, whose selection for appointment was cancelled on the ground of ‘moral turpitude’.A three-judge bench comprising. ‘To make past conduct, irrespective of …

There Cannot Be Any Mechanical Denial Of Appointment In Judicial Service On The Ground Of Moral Turpitude: SC [Read Judgment]
6 years, 5 months ago

There Cannot Be Any Mechanical Denial Of Appointment In Judicial Service On The Ground Of Moral Turpitude: SC [Read Judgment]

Live Law  

‘To make past conduct, irrespective of all considerations, an albatross around the neck of the candidate, may not always constitute justice.’The Supreme Court has directed the state authorities to reconsider the candidature of a successful aspirant for judicial service, whose selection for appointment was cancelled on the ground of ‘moral turpitude’.A three-judge bench comprising. ‘To make past conduct, irrespective of …

Revamp the System of Judicial Appointments - A Demand Long Overdue
10 years, 7 months ago

Revamp the System of Judicial Appointments - A Demand Long Overdue

Live Law  

When our house is totally in disorder it is our duty to clean up the mess and make it livable.When there is a clear incident pointed out by a retired Supreme Court Judge, Justice Markandey Katju who is known as an outspoken and honest Judge and his claims are supported by another Judge of great repute, Justice Ruma Pal, it …

Revamp the System of Judicial Appointments - A Demand Long Overdue
10 years, 7 months ago

Revamp the System of Judicial Appointments - A Demand Long Overdue

Live Law  

When our house is totally in disorder it is our duty to clean up the mess and make it livable.When there is a clear incident pointed out by a retired Supreme Court Judge, Justice Markandey Katju who is known as an outspoken and honest Judge and his claims are supported by another Judge of great repute, Justice Ruma Pal, it …

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