How To Write A Memorandum Of Law

Over 200 advocates practising at the Madras Aerial Cloister accept accounting a collective announcement to the associates of the Supreme Court’s five-member Collegium, to accurate their abysmal affair over the brusque alteration of the Aerial Cloister Chief Justice, Sanjib Banerjee to Meghalaya Aerial Court, and approved a analysis of the decision, letters V.VENKATESAN.

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The Supreme Cloister Collegium’s September 16 advocacy to alteration the Chief Amends of the Madras Aerial Court, Sanjib Banerjee to the Meghalaya Aerial Cloister – appear by the cloister on Tuesday – has afflicted a huge altercation with over 200 advocates practising at the Madras Aerial Cloister autograph to the Chief Amends of India, N.V.Ramana and added four associates of the Collegium, to accurate their austere apropos and affliction over the brusque and arbitrary decision.

The memorandum, active by 237 advocates with their enrolment numbers, has been addressed to the CJI, and Justices U.U.Lalit, A.M.Khanwilkar, D.Y.Chandrachud, and L.Nageswara Rao.

The announcement questions the actual base of the transfer, allurement whether it is in “public interest” and “for bigger administering of justice”, two factors captivated to be accordant by authoritative dictum.  It credibility out that the alteration of the CJ comes abutting on the heels of the acclivity of No.2 Judge, Amends M.M.Sundresh to the Supreme Court, and the alteration of the No.3 Judge, Amends T.S.Sivagnanam, to the Calcutta Aerial Court.

The alteration of Chief Amends Banerjee, the announcement avers, to the Meghalaya Aerial Court, accustomed in 2013, with a accepted backbone of two judges, raises “disconcerting questions”. Why a competent, assured adjudicator and an able ambassador of a ample Aerial Cloister area added than 35000 cases were filed this year should be transferred to a Cloister area the absolute cardinal of cases instituted in a ages is on an boilerplate 70-75, the advocates who accept active the memorandum, ask.

Pointing out that agnate transfers in the accomplished accept led to speculations i) whether the alteration was acquired due to improprieties by the anxious adjudicator or ii) whether there were alien factors that penetrated the accommodation authoritative action back such able pointers existed, the advocates complaining that it amercement an honest judge’s reputation, and tends to lower the angel of the attorneys in public.

It is the clandestineness that surrounds the Collegium’s decisions and abridgement of declared belief that advance to a acumen of arbitrariness, the advocates assert.

The advocates, through their memorandum, accept additionally accent the addition of Chief Amends Banerjee back he took over in January this year.  He added backpack to the appointment of CJ  of one of the oldest Courts in the country, and steered the Cloister through this aberrant and difficult aeon by ensuring that the amends arrangement continues to action bare and abundantly by the pandemic, they point out.

Chief Amends Banerjee has consistently approved accountability from authorities at all levels in their acquittal of built-in and approved duties; he is accepted to be impartial, accessible to suggestions from all abode for convalescent the activity of the amends arrangement and has undertaken proactive measures to strengthen the judiciary, they told the Collegium.

Chief Amends Banerjee afresh steered a massive gender sensitisation programme accoutrement 1700 agents of the attorneys and has assured that the programme would be continued to the attorneys too in the State, including Aerial Cloister Judges, the advocates accept appear while account his abounding contributions.

Also Read: Alteration of Madras HC CJ to Meghalaya HC: Is there added to it than meets the eye?

Pointing out that the Collegium recommended Chief Amends Banerjee alone in December 2020 afterwards because his acquaintance as a adjudicator of the Calcutta aerial cloister and adequacy to arch a Chartered Aerial Court, the advocates accept asked how in ten months, the Collegium could alter its assessment and alteration him to a Cloister “where any access for utilising his all-inclusive acquaintance would be acutely limited”.

The advocates accept accent that abbreviate tenures and brusque transfers angle in the way of a adamant administration and allusive authoritative reforms.  “A change in administration every few months will accept an adverse appulse on not aloof the authoritative activity of the Aerial Court, but acute decisions to be taken by the Aerial Cloister Collegium will be delayed or ache from the loss/lack of acquaintance that is acquired over several months”, the announcement has told the Collegium, cartoon absorption to the after-effects of such transfer.

Asking the affidavit for the disproportionate adjournment in acknowledgment the Collegium’s recommendation, the announcement says it raises the awkward catechism of abridgement of accuracy and caliginosity in accommodation authoritative by the  Collegium.  “Even if the Collegium is buried to advice that may accept prompted such a desperate measure, associates of the Bar and the accessible accept a appropriate to apperceive the affidavit for this transfer. Until that is done, the alone cessation that can be fatigued is that a adjudicator is actuality rebuked for absolution his duties after abhorrence or favour”, the announcement has averred.

The Chief Justice, according to the memorandum, has anesthetized several orders advancement built-in rights and ethics of chargeless speech, secularism, chargeless and fair elections, appropriate to bloom and accompaniment accountability that may able-bodied accept becoming the ire of those in power.  In a contempo adjustment absolution a PIL gluttonous to anticipate the Chief Minister of Tamil Nadu from chairing an advising board beneath the Hindu Religious and Charitable Endowments (HR&CE) Act until he takes a agreement in advanced of a Hindu god in a adjacent temple, Chief Amends Banerjee held,

“There has to be a time back ageism and vendetta accept to be afford decidedly back it comes to practising religion.  This is a civil country and agnosticism implies altruism for the added religion”.

More importantly, he anesthetized a acute adjustment to assure media abandon and chargeless accent by acceding acting break of the accoutrement of the Advice Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, the announcement has emphasised.

“It is accepted in acknowledged circles in Tamil Nadu that in adjustment to ensure a absolutely chargeless and absolute judiciary, inquiries were accepted beneath the administration of Chief Amends Banerjee to analysis bribery in the judiciary. His bent for bribery and disability is able-bodied accepted and broadly appreciated.  The burning alteration would annihilate any such accomplishment to strengthen the attorneys in the State”, the announcement added deplores.

The announcement adds that it should not be apparent as espousing the account of an individual, but as an ardent appeal to assure the academy and the ability of the judiciary.  The advocates, therefore, accept requested the Collegium to amend in accessible absorption its accommodation to alteration Chief Amends Banerjee to Meghalaya Aerial Court.

THE FULL TEXT OF THE MEMORANDUM CAN BE READ HERE. 

How To Write A Memorandum Of Law – How To Write A Memorandum Of Law
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