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Can Political Executive Appoint Advocate On Rolls Of Different Bar Council As Law Officer In Another State? AP HC To Consider [Read Order]

first_imgNews UpdatesCan Political Executive Appoint Advocate On Rolls Of Different Bar Council As Law Officer In Another State? AP HC To Consider [Read Order] Mehal Jain24 Jun 2020 5:07 AMShare This – xThe Andhra Pradesh High Court last week issued notice on a plea challenging the May 20 action of the Union Law Ministry in appointing N. Harinath as Assistant Solicitor General in respect of the High Court. It is contended that the appointment order is in contravention of sections 6(d) and 49(1)(ah) of Advocates Act, 1961 and violative of Articles 14, 16 and 21 of Constitution of India, in…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Andhra Pradesh High Court last week issued notice on a plea challenging the May 20 action of the Union Law Ministry in appointing N. Harinath as Assistant Solicitor General in respect of the High Court. It is contended that the appointment order is in contravention of sections 6(d) and 49(1)(ah) of Advocates Act, 1961 and violative of Articles 14, 16 and 21 of Constitution of India, in as much as it deprives the right of the Advocates of AP High Court Bar Association/ Bar Council. Section 6(d) imposes on the state bar council the function to safeguard the rights, privileges and interests of advocates on its roll. Section 49(1)(ah) deals with the power of the BCI to stipulate the conditions subject to which an advocate shall have the right to practise and the circumstances under which a person shall be deemed to practise as an advocate in a court. The plea, by Advocate M. Solomon Raju, avers that in the recent developments in the A.P. High Court, the post of Asst. Solicitor General fell vacant. Earlier this post was held by an Advocate who belongs to Andhra Pradesh and since the Advocate Elevated as Judge of this Court, the post fell vacant. It is submitted that in the said backdrop, the said post was to be filled up with an Advocate practicing in A.P. High Court who is on the rolls of the Bar Council of Andhra Pradesh. “In the recent past, many Advocates of Telangana State especially Advocates on the rolls of Telangana Bar Council were brought into Andhra Pradesh High Court and they were appointed as Government Pleaders and Asst. Government Pleaders. In so far as appointment of Government Pleaders and Asst. Government Pleaders are concerned, it was made by the State Government of Andhra Pradesh. Similar to that the 1st respondent (UOI) without considering the aspect that the 5th respondent belongs to Telangana Bar Council and he is a Elected Member there for the 2nd time, appointed him as Asst. Solicitor General. In fact this is bad in law for the reason that he does not belong to Andhra Pradesh and he is not on the Bar Council Rolls as on the day of appointment. Also, I verified with Bar Council and came to know that his membership with Bar Council is not registered. The 5th respondent submitted his Certificate of Practice in Telangana Bar Council and he also received Medical Card from Telangana Bar Council. Thus he got benefits from the said Bar Council”, it is argued. The petitioner submits that since all the nominated posts are politically interlinked, the Political Executive has got some hold over the appointments. However, such power of appointments shall be restricted to the particular State and the Political Executive cannot bring an Advocate of different Bar Council and cannot appoint him in another State as a Law Officer. It is narrated that until 31st December, 2018 the High Court served as the common High Court for both states of Andhra Pradesh and Telangana. There was a huge rift between Andhra and Telangana Advocates from the year 2010 to 2014. The Advocates of Andhra Pradesh especially those who practiced in the united High Court at Hyderabad, suffered severe humiliation. They were beaten black and blue, insulted in filthy language and daily there were boycotts and Dharnas asking them to go back to Andhra. “There were many differences between Andhra and Telangana Advocates, where boycotts used to go on weekly once or twice in the High Court. Many days the common High Court functioning was affected at the request of the elected Presidents, Secretaries of the Association. This way the things worsened and the Telangana Movement got momentum from the Advocates of Local Bars and they too joined. For many days, the High Court of Hyderabad used to publish a notice in the last page of Causelist that an Advocate will not be allowed into the premises unless his name is not figured in the causelist, this was issued in order to prevent physical manhandling of the Advocates. This caused much trauma and suffering to the Advocates who are practicing”, it is urged. The plea narrates how when an Advocate from Hyderabad was appointed as the Advocate General in respect of the Meghalaya High Court, the entire Bar Association protested and the Advocate General resigned within a week and returned to Hyderabad. It is contended that Harinath does not have any right of vote in the AP HC Bar Association and also the AP State Bar Council as of now. For all purposes he shall be treated as an Advocate of Telangana state. Till May 20, he was holding the post as standing counsel and also for the National Investigating Agency in Telangana High Court. “Also if an Advocate is elevated from Bar to Bench, then his standing at the High Court Bar or the Bar Council will be considered only in that particular state, i.e. an Advocate of AP High Court Bar Association/Council cannot be considered for a Judge in Tamil Nadu High Court or any other High Court in India. For the purpose of direct elevation from the Bar, the first impediment is that the Advocate shall be from the respective Bar Association and Bar Council, in case of transfer it’s a different procedure”, the plea brings to the bench’s attention. It is advanced that the very spirit of Article 16 is gravely violated in the present appointment, as the Advocates from the A.P. Bar Association and the Advocates on the rolls of the A.P. Bar Council were deprived of the opportunity. The very purpose of Article 371-D thereby amending the constitution to provide equitable opportunities and facilities to the people across the state is also violated. “The present post that fell vacant is a post which is exclusively within the jurisdiction and territory of the State and thus an Advocate from out of state Bar Council cannot be brought into”, it is reinforced.Click Here To Download Order[Read Order]Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more


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Faces of the shutdown: In second week, more people impacted by closed agencies

first_imgSpencer Platt/Getty Images(WASHINGTON) — As part of the federal government remains closed this week, more people are feeling the impacts around the country.Federal employees and contractors say they are worried about money or the delays the shutdown could cause their work. Businesses say shuttered federal agencies cause delays. And tourists in Washington were met by locked doors instead of access to museums.Here are some of the stories from people who say they have been impacted by the government shutdown.No Love Potion Number Wine?Winery owners in Ohio said they’re worried they could lose business if a Valentine’s Day-themed wine can’t be approved by federal agencies. Benfield Wines was set to release Love Potion Number Wine and sell it online, but they need the government to approve the label. Owner Robert Benfield told ABC News affiliate WTVG they won’t be able to put it out in time because of the shutdown.National Mall vendors see far fewer customers“We’re a small business. This is what we rely on and it’s a big deal. I don’t think sometimes they think about those things when they make decisions that effect us on the lower end of things,” Julia Benfield told the station.It was midday on Wednesday — and still she had made no sales.Jung, 58, has worked for nearly 20 years shuttling between different tourist destinations in the nation’s capital selling sweatshirts, snow globes with the presidential seal and decorative plates adorned with the U.S. Capitol.Even though winter is a slow time for tourism in the District, the government shutdown and subsequent closing of all 17 of the city’s Smithsonian museums, which are world-class and free to the public, had drawn business to a halt, said Jung, who asked to only use her first name to protect her business.“This is particularly slow. This is winter break,” Jung, gesturing to the fellow vendors on an abnormally quiet block of 15th street just outside the White House.“Everybody’s concerned about this situation,” she said.Jung has been following the news in hopes of more details on when the government will reopen, she said, and remains unsure on the politics surrounding the shutdown – specifically President Donald Trump’s border wall, which the president has demanded funding for despite push-back from Democrats.As an American citizen, Jung said, she understands the need for border security. But she’s also a Christian, she said, and feels sympathy for people who “want a basic life.”DC couples have to wait to make it officialBetrothed couples in the Washington, DC-area posted they were unable to get marriage licenses during the shutdown. The marriage bureau in the Capital is part of the DC Superior Court system, which is funded through congressional appropriations like much of the city’s budget.The DC court website says the Marriage Bureau and some other offices are closed during the shutdown, though court hearings and the clerk’s office is open.One couple that got married over the holiday posted they “can’t call it official” until the government reopens.Contract workers go without payAround the country people whose salaries are paid with government contracts are sent home without pay during a shutdown. Unlike government employees who can get back pay approved by Congress, these federal contractors are paid through private companies and have no recourse from the time they’re out of work.Julie Burr, an administrative assistant for the Department of Transportation in Kansas City, said she doesn’t expect any compensation for the time she’s been out of work during the shutdown and that she can’t even get paid for the two weeks before it started because there’s no one to process her time sheet.“I’m just trying to take one day at a time honestly,” Burr said in a phone interview Tuesday. “I keep turning on the news and think maybe today’s the day something will happen.”She said she’s taken extra shifts in her side job as a seasonal employee at Barnes and Noble but it only makes up 25 percent of what her normal pay would be and she’s had to ask for an extension on her rent payment, which was due on the first of the month.“I’m a single mom … we aren’t a two income family or anything. It’s just me, and I’m kind of trying to make things meet and if it comes to the point of selling items in the house I’ll do that,” she said.Tourists left out in the coldThe shutdown caught some tourists by surprise. ABC News spoke to over a dozen tourists who found themselves unable to go to Smithsonian landmarks on Wednesday.Nicklas Skar, a Swedish native, came to Washington on Tuesday night with his daughter. He said they planned to go to the Smithsonian on Wednesday morning in the last remaining hours before the end of the shutdown.“We came down here for just a couple of days to visit the Smithsonian’s and a lot of other stuff as well, so of course its a disappointment,” he said.Skar like many tourists said they found themselves adjusting plans and standing on the outside looking into the empty, dark windows of the Smithsonian Air and Space Museum and otherLost time to plan environmental cleanupsLoreen Targos, an EPA scientist and steward for her local union chapter, said environmental cleanup or protection projects will be delayed because of the shutdown. She said EPA staff can’t meet with partners to design projects to clean up environmental contamination or prevent future environmental problems.“When we lose weeks like this we have to catch up and there’s just huge delays in projects, and taking them into the next year or after,” Targos said in a phone interview Monday, adding that it’s impossible to know the extent of the impact until long after the shutdown ends.She said all Americans are hurt with projects intended to protect health and the environment are delayed, but it will be impossible to know the impacts until long after the shutdown ends. Targos said she and other EPA workers are passionate about protecting Americans from environmental issues before it becomes a problem, and because of the shutdown they’re unable to do that.“People feel like ‘I don’t know how this impacts me,’ that’s because we were doing our job,” she said.Copyright © 2018, ABC Radio. All rights reserved.last_img read more


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East Northport Woman, 93, Killed in House Fire

first_imgSign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York A 93-year-old East Northport woman was killed in a house fire Thursday night despite two local fire chiefs’ rescue efforts. Suffolk County police said the blaze at 55 Grover Lane, which is under investigation but doesn’t appear to be suspicious, was called in around 9:25 p.m. The first two East Northport firefighters to respond—First Assistant Chief Daniel Heffernan, who lives nearby and arrived within two minutes, and Chief Joseph Ervin—entered the home while it was still on fire and filled with smoke. The pair discovered the victim, identified as Alice Woods, near the doorway of her second floor bedroom. Woods, the lone resident, was pronounced dead by the Suffolk County Medical Examiner’s office, police said.Investigators believe the fire began in Wood’s bedroom, police said, adding that the blaze does not appear to be criminal.last_img read more


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Wimbledon has started, Džumhur to play against Federer

first_imgThe 3rd Grand Slam tournament of the season, Wimbledon, began yesterday in the 129th edition on courts of the All England Club.From its start in 1877, Wimbledon has remained to be the most prestigious international tournament and the only one that is played on grass.In the men’s category, Novak Djoković will be defending the title of Champion, and Czech Petra Kvitova in the women’s category.Besides Djoković, the other player favorites are Scot Andy Murray and Swiss Stanislas Wawrinka, the recent winner of the “Roland Garros” Tournament, and Roger Federer, who will play his first match with B&H’s best tennis player, Damir Džumhur.This season, Džumhur already had a chance to play with one of the best players of all time in the 3rd round of the Paris Roland Garros Tournament, when Federer won with a score of:  6:4, 6: 3 and 6:2.The twenty three year old player from Sarajevo did not have much luck in the draw, considering he doesn’t have much of a chance of making it to the second round playing against a tennis giant, but it is sure that Džumhur will do his best to challenge the title of the second player in the world.The match between Džumhur and Federer will be held today at the Centre Court of Wimbledon.In the women’s draw, the title of the winner will be defended by Kvitova, but the best odds are given to an American that will go for her 6th title at Wimbledon, and a total of 21 Grand Slam titles in her career.The final matches will be played on July 11th and the 12th. (Source: klix.ba)last_img read more


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England men lose Euro crown and boys are also beaten

first_img11 Jul 2014 England men lose Euro crown and boys are also beaten Defending champions England lost their grip on the European Men’s Team Championship when they were beaten 5-2 by Ireland in the semi-finals in Linna. Having won the title so well last year and shown superb form to reach the last four, the England team were outplayed by the Irish on a bad Friday in Finland. The morning foursomes were shared with Ryan Evans and Paul Howard beating Cormac Sharvin and Gavin Moynihan 3 and 2 but Ben Stow and Jordan Smith went down 4 and 2 to Paul Dunne and Gary Hurley. However, Ireland dominated the singles, winning four of the five games to march into the final where they will meet Spain, who beat Scotland 5-2, for the title. England’s only singles win was secured by Toby Tree (image © Leaderboard Photography) with a one-hole victory over Dunne. Otherwise the boys in green called the shots. Evans went down 4 and 3 to Moynihan, Ashley Chesters lost 5 and 3 to Hurley, while Smith and Stow were each beaten 2 and 1 by Sharvin and Dermot McElroy respectively. The England team will now face Scotland in the third place match. Meanwhile the boys long wait for title success in their European Team Championship goes on after they were beaten 5-2 by Italy in their semi-final in Oslo. It is ten years since England lifted this particular championship but the class of 2014 came up against a powerful Italian line-up who gave themselves a great start by winning both foursomes. Ashton Turner and Haydn McCullen lost 3 and 2 to Renato Paratore and Guido Migliozzi while Bradley Moore and Jack Singh Brar went down by the same score to Federico Zuckermann and Stefano Mazzoli. That left the English with a hill to climb in the singles and McCullen and Jamie Dick secured the only victories, McCullen beating Migliozzi by one hole and Dick overcoming Teodoro Soldati by the same margin. The other three games went to the Italians with Paratore beating Moore 2 and 1, Eduardo Raffaele Lipparelli beating Marco Penge 3 and 2 and Mazzoli coming out on top by two holes against Turner. England now meet Scotland in the third place match which is not only for the bronze medal at these championships but is also a playoff for the final World Boys Championship spot for next year in Japan.  Meanwhile Italy meet Sweden for the title.last_img read more


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FH Council Commends Quick-Thinking Crossing Guard

first_imgFAIR HAVEN — “We don’t get the respect we should as crossing guards, that’s for sure,” said John Furiato, who spends part of every school day at the Hance and River roads intersection, making sure the young students make their way safely to Knollwood School, on Hance.After making that statement on Tuesday, Furiato thinks for a moment and then adds, “Well, except for the kids and their parents.”But Furiato received some special recognition at a regular meeting of the borough governing body last Monday, when the mayor and council honored Furiato for quick thinking on the job – quick thinking that very likely spared a child from being struck by a vehicle.“He’s a good guy,” Police Chief Darryl Breckenridge said about Furiato.  “He did the right thing.”Mayor Benjamin Lucarelli presented Furiato with a proclamation, acknowledging that Furiato “made a split second decision to quickly step in front of the juvenile,” blocking the child from walking across River Road as a driver was attempting to make an illegal right turn to travel east on River, very possibly putting the child in harm’s way.As he does every school day, Furiato said, on Jan 24, he was helping the usual number of 60-80 kids make their way across the street to Knollwood school. The kids had proceeded, but one little guy, about 10, had arrived late, Furiato remembered, apologizing to the guard because he couldn’t find his bicycle helmet.Furiato was walking the boy across the street, when Furiato noticed a car, traveling north on Hance Road that was inching out into the intersection against the traffic light, looking to make a right onto River Road. As the driver continued to make the illegal turn, Furiato pulled the boy back and ste3pped in front of him, standing between the boy and the car. The car completed the turn and drove away.Another driver sitting at the light called police to report the incident, and the first driver was stopped by police and charged appropriately.“It just happened too damn quick,” Furiato said of the whole incident.The important thing, he stressed was that the child wasn’t hurt.Furiato, 75, is a lifelong Colts Neck resident, who has owned and operated small businesses for much of his life. He has been working as a crossing guard in Fair Haven since 2007. “It’s a big responsibility,” he said.“When these kids leave their yards, they’re my kids,” he said. “They’re my responsibility.”River Road is heavily traveled, putting pedestrians at risk of being hit by distracted and downright rude drivers, he said. “There are close calls every day,” he said, acknowledging some drivers “flip me the bird,” and yell obnoxious things.“I could get hurt if I’m not smart enough to get out of their way,” he said.But seeing the kids every day makes it worthwhile, he continued.And parents often express their gratitude, with small gifts at Christmas and the end of the school year.“They appreciate what I do,” he said. By John Burton Colts Neck resident and Fair Haven school crossing guard John Furiato was honored by the Fair Haven Borough Council last Monday for his actions in protecting a young Knollwood School student from being in the path of a vehicle making an illegal turn. Furiato helps some 60 to 80 kids cross safely to school at the corner of River and Hance Roads.last_img read more


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Mallard’s Team of the Week — Nelson Killjoys

first_imgMallard’s Source for sports wants to give the Killjoys a pre-game push with Team of the Week honours.The Killjoys team includes, coach K. Boss, back row, Sylvest, Meg Ablast, Ink Sling-Her, Kerowhack, Lil Miss Hell ‘N Back, D.O.Ava, Goldie Gunshow, Oso Agro, Buttermilk, McWrath, Skid Licious, Lil Squirt, Concrete Cindy, Courtney Shove and Slay Guevara. The Golden Boot is up for grabs Saturday at the NDCC Arena as the Nelson Killjoys and Castlegar’s Dam City Rollers duke it out for bragging rights in the West Kootenay Roller Derby League.The defending champion Killjoys meet the Rollers at 7 p.m. in Mountain Mayhem 5 while at 5 p.m. Valley Brutality and the Rossland Trail Rollergirls.last_img