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CONTENTS S.No.

Subject 1.

Training Activities in the Institute Page 1 I.

Two Days Conference on Sensitization and Differently of District1 Abled Court Judges on Gender Justice Victims/Survivors of Sexual Abuse II.Zonal Conference on Expeditious Cases with Special (Amendment) (Amendment) Reference Act, 2019 and Central 2022 Rules, Disposal of MACT 10 to Motor Vehicles Motor Vehicles 2.Short Articles 3.Book Review 4.Legal Jottings 12 14 16 JTRINL JULY 2022 TRAINING ACTIVITIES IN THE INSTITUTE I.
Two Days Conference and Differently of District on Sensitization of Sexual Abuse Abled Victims/Survivors Court Judges on Gender Justice Two Days Conference on "Sensitization of District Abled Victims/Survivors and Differently 23rd & 24th July, 2022 in which about 225 Judicial Officers including participated.
district of Sexual Abuse" was organized on Judges from Unnao & Faizabad District Raebareli, to sensitize Judges in the the participating Court Judges on Gender Justice by the Institute sexual courts of Lucknow, This two days' conference involving Kanpur Nagar, Sitapur, was organized against matters gender stereotypes intersectionality, the conference maximum benefits courts.
and gender injustice, compensation, victim was to make the whole exercise and a pragmatic violence outcome restorative women and girls with disability, of disabled The purpose of protection.
so as to reap and interactive, value of the testimony justice and participative which is useful in day-to-day witness working gender inequality, prosecutrix, of district Hon'ble Justice Mr. Justice Rajesh Bindal, Mr. Hon'ble Dinesh Maheshwari, Mr. Justice Ramesh Devendra Kumar Hon'ble Mr. Justice a tree planting Upadhyaya Sinha & Hon'ble Hon'ble Hon'ble Mr. Justice Mr. Justice Dinesh Maheshwari, Rajesh Bindal, Guest of Honour Chief Guest and other Dignitaries Lighting the Lamp in the august presence of Hon'ble Mr. Justice Rajesh Bindal, the Judge, Supreme The inaugural session of the conference was scheduled of ITRI.
The conference on 23rd July, 2022 from 11.00 a.m. to 12.20 p.m. in the Auditorium Maheshwari, Justice Dinesh Inaugural Session Justice, Allahabad Allahabad Allahabad Hon'ble Mr. Justice Lucknow & Chairman, Guest of the session Devendra by Hon'ble was inaugurated Court of India and the Chief Guest Mr. of the Chief Ramesh Sinha, Senior Judge, Judge, Sunita Agarwal, High Court, Hon'ble Mr. Justice High Court at Lucknow, Hon'ble Mrs. Justice High Court & Chairperson, Committee Supervisory Kumar Upadhyaya, Committee, for Sensitization of Family Courts, High Court at Judge, Allahabad JTRI who welcomed Hon'ble the Chief and other Dignitaries.
PAGE I 1 JTRINL JULY 2022 Sri P.K.

Srivastava presenting Maheshwari, live plant to Hon'ble Judge, Supreme -II, Principal & L.R.

Secretary Dinesh Mr. Justice Court of India Session Chief Guest of the Inaugural Sri Vinod Singh Rawat, Director, plant to Hon'ble Chief Justice, live JTRI presenting Mr. Justice Rajesh Bindal, Allahabad High Court (now Judge, High Court) presenting Sri R.M.N.
Mishra, District Judge, Allahabad Lucknow live plant to Mrs. Justice Sunita High Sri Ashish Allahabad High Hon'ble Mr. Justice R Senior amesh Sinha, High Court Judge, Allahabad Garg, Registrar Court welcoming Allahabad at Lucknow Agarwal, Hon'ble General, Judge, Sri Vivek, Senior Registrar, High Court at Lucknow Allahabad welcoming Hon 'ble Mr. Justice Devendra Kum ar Upadhyaya, Judge, Allahabad High Court at Lucknow Court On the occasion, a large number of Hon'ble Judges, sitting and former were present the conference.
Judges of all the six districts Law & L.R., Government were also present on the occasion.

Secretary, Principal of Uttar Pradesh in and District Hon'ble Mr. Justice Rajesh Bindal, Justice Hon 'ble Mrs. Justice Sinha, Mr. Justice Devendra Mr. Dinesh Maheshwari, Hon'ble Ramesh & Hon 'ble Hon'ble Mr. Justice Sunita Agarwal Kumar Upadhyaya Sharing Dias in Function the Inaugural Hon'ble Justice Mr. Justice Ajay Bhanot, & Hon'ble A.R.
Masoodi, Hon'ble Mr. Justice Mr. Piyu sh Mr. Justice Singh in the Jaspreet Hon'ble Agrawal Inaugural Function PAGE I2 JTRINL JULY 2022 holding declared results of class-10 boys in recently th and 12th and their pass percentage by the family and society.

her son in the lap but our daughters of their family now but they are yet to receive outnumbered is also higher than that of boys.
We live in a state where Rani Laxmi Bai fought the battle for independence while are supported support pious duty that as a member of society, Lordship referred 'Sabarimala' to be sensitized the our of society.

His support 'Aparna Bhatt', 'Patan Jamal Vali' and so as study these cases, to m any cases particularly to participants that they should meticulously Supreme by the Hon'ble also mentioned the pendency justice unless they are getting It is therefore, to our daughters.
we must provide required on time.

If any maintenance that our daughters It is remarkable be successful His Lordship Court of India.

and appealed as required the support cannot of cases in U.P.

and said that the huge is not the this application While mentioning data is available in said that no definite justice.

to not delivering and witnesses, His Lordship shows that people on time, it would be equivalent are not getting abled victims pendency decided differently regard victims not?
His Lordship plan of High Court while appealing Hon'ble Mr. Justice sensitized but these matters need to be taken up with utmost sensitivity.

often do the act done to them falls within not know that whether the participating Judges on these issues the participants to dispose the disabled Unfortunately, the category the action and mentioned of the old cases at the earliest.
of crime or Lucknow while quoting the words of Hon'ble Mr. Justice of India & Chairman, NALSA said that these conferences they educate the general We should Ramesh Sinha, Senior Judge, Allahabad High Court at U.U.

Lalit, Judge, Supreme and workshops educate Court us more than try to get maximum benefit out of this conference.

On this occasion, public.

Hon'ble Committee Court & Chairperson, need to be worshiped place in the society rather they need the realization of doing so.
Hon'ble Mr. Justice and they are capable the Guests, While welcoming Mrs. Justice for Sensiti High Sunita Agarwal, Judge, Allahabad zation of Family Courts said that women do not of their existence.

They can make their own Devendra Kumar Upadhyaya, ITRI said that High Court at Lucknow & Chairman, Supervisory Committee, Judge, Allahabad we should develop in our society.
equality suggested that we should 'Constitution come together do not make revolution, His Lordship women and we should also imbibe a culture of and also said that what we need to change is our mindset also said that to break gender stereotypes.

His Lordship which make the Constitution.'

but it is revolutions, a culture of respecting In the end of Inaugural Session, Sri Vinod Singh Rawat, Director of the Institute extended vote of thanks.
Sri Vinod Singh Rawat, Director, vote of JTRI tendering thanks to Hon 'ble Dignitaries Dr. Humayun Rasheed Khan, Additional Director (Research), JTRI Compering in the Inaugural Session PAGE 14 JTRINL JULY 2022 session, After the inaugural Sunita Agarwal, Judge, Justice Dr. Preeti Saheb Bhim Rao Ambedker Central officers on different of gender Mishra, aspects ICE Breaking Allahabad High Court, Session Sri Vikram Singh, started, in which Hon'ble Former DGP, UP, Baba & Legal Studies, of Human Rights Mrs. Head and Dean, Department gender stereotypes, inequality and allied University, Lucknow enlightened the participating issues.
Hon 'ble Mrs. Justice Sunita Agarwal, Judge, Allahabad Hon'ble Mr. Justice Devendra Kumar Upadhyaya, Judge, Allahabad participants High Court at Lucknow sensitizing in the Ice Breaking Session High Court addressing the participants in the Ice Breaking Session Sri Vikram Singh, Former Breaking D.G.P., Session U.P., in the Ice , � .�J.

\ Dr. Preeti Mishra, Legal Studies, B.R.

Ambedker Lucknow in the Department of Human Rights & Ice Breakinl!
Session Central University, Besides, ICE Breaking Session, a working session was also organized, m which participants were divided into five groups.

Agarwal, of Family P.K.

Mr. Justice by Hon'ble U.P.

State Law Commission Mrs. Justice Group-A was Chaired by Hon'ble High Court & Judge, Sunita Allahabad Chairperson, Committee for Sensitization Courts and Co-chaired Srivastava, Chairman, and was facilitated Mrs. Twishi Srivastava, Moderator Sessions Allahabad was subject Department of Statistics.
Judge, Lucknow (now a Judge of High Court) and Eminent Speaker Professor expert Dr. Sheela Deputy Directors, & District and Chaudhary JTRI, was Sri R.M.N.
Mishra, by Ms. Preeti Mishra, in PAGE Is JTRINL JULY 2022 Mr. Justice Harsh High Court and High Court, by Hon'ble Mr. Justice Group-B by Hon'ble was Chaired J.J. Munir, Judge, Allahabad Co-chaired Kumar, Former Judge, Allahabad which was facilitat Suri, Additional Moderator Judge, Kanpur Nagar (now District & Sessions Judge, Allahabad High Court) and Eminent Speaker was Ms. Mayuri Raghuvanshi, Advocate India.
ed by Sri Manmeet Singh JTRI, Director was Sri Mayank Kumar Jain, (Training), on Record, Hon'ble Supreme Court of t SCtnJnO Harsh Kumar, High Court and Co­ Allahabad High Court and the group by Sri Kushalpal, Group-C was Chaired by Hon'ble Mr. Justice Samit Go pal, Judge, Allahabad chaired by Hon'ble Mr. Justice Farmer Judge, was facilitated Director, District Speaker was Mr. Lalit Mudgal, Joint Director (Prosecution), Bench.
l Additiona was Sri Abdul Shahid, JTRI, Moderator & Sessions Judge, Raebareli and Eminent High Court, Lucknow Allahabad was Chaired Mr. Justice by Hon'ble High Court and Judge, Allahabad Alok by Hon'ble Mr. Justice Farmer Judge, Allahabad High by Dr. Humayun Group-D Ajay Bhanot, Co-chaired Kumar Singh, Court, which was facilitated Rasheed JTRI, Moderator & Sessions was Ms. Pusshp Gupta, Mediator Gender Issues, (Research), District Speaker on Delhi High Court.
Director was Sri Harvir Singh, Judge, Unnao and Eminent Khan, Additional Advocate, and Expert Mr. Justice S.K.

Tripathi, Group-E was Chaired by Hon'ble Mr. Justice Jaspreet Singh, Judge, Allahabad High Court and by Hon'ble Co-chaired Former Judge, Allahabad facilitated by Sri Vijay Kumar Katiyar, Director, Kumar Singh-II, Principal Faizabad Clinical ITRI, Moderator was Sri Pradeep and Eminent Speake Psychologist.
High Court, which was Deputy Judge, Family Court, r was Dr. Ashutosh, PAGE 16 JTRINL JULY 2022 were made by all the groups in the Thereafter, on 24th July, 2022, final presentations before a panel consisting of Hon'ble High Court & Chairperson, Mr. Justice Devendra Kumar Committee, part of the conference concluding Agarwal, Judge, Allahabad Courts, Hon'ble Lucknow & Chairman, Allahabad High Court, Hon'ble Lucknow & Member, Supervisory them to be more sensitive would be served from the next day onwards.
while working only if it is reflected Sunita Mrs. Justice of Family for Sensitization Judge, Allahabad High Court at J.J. Munir, Judge, Mr. Justice High Court at Judge, Allahabad and appealed of the conference the participants JTRI, Hon'ble Singh, JTRI addressed on dais from tomorrow as the purpose and judicial in their judicial attitude Supervisory Committee, Upadhyaya, Committee Mr. Justice Jaspreet on courts working Hon'ble Mrs. Justice Allahabad Judge, Sunita Agarwal, Judge, High Court at Lucknow, Hon'ble Mr. Justice Allahabad High Court, Hon'ble J.J. Munir, Judge, High Court at Lucknow Sharing Mr. Justice Jaspreet Singh, Judge, Allahabad Allahabad High Court & Hon'ble Dias in the Valedictory Session.
Mr. Justice Devendra Kumar Upadhyaya, with the first presentation started The group presentations Metropolitan Magistrate, Kanpur Division), Lucknow given by Mrs. Aakriti Gautam, Civil Judge (Junior reference to Patan Jamal Vali v. State of Andhra Pradesh Case'.

with intersectionality of judicial sensitization disability.

The speaker and discussed the judgement in detail.
and the Supreme Court judgement officers in cases relating to the sexual talked about biases and prejudices on the topic 'Intersectionality The speaker against offences in Patan Jamal Vali Case for made by group 'A' which was Nagar and Sushri Kisa Zaheer, started her talk women with and judicial empath y with faced by the women with disability Mrs. Aakriti Gautam, Metropolitan Magistrate, Kanpur Sushri Kisa Zaheer, Civil Judge (Junior Division), Nagar making Group Presentation Lucknow making presentation Group 'B' Presentation was given by Mrs. Swapna Singh, Special Judge, (E.C.
Act), Unnao on the topic -'Role and approach respect of sexual holds up the sky.

The rainbow My thoughts are in the shapes of clouds. '

The speaker offences.

runs through in of courts started her talk with a poem: "I am the woman who regarding bail, trial and other provisions my eyes.

The sun makes a path to my womb.

But my words are yet to come."

PAGE 17 JTRINL JULY 2022 Mrs. Swapna Singh, Special Judge, (E.C.
Act), Unnao making group presentation The speaker started with the historic view of the women in the society and talked about of India which gave a number of benefits how women have many roles like motherhood, constitution women.

The speaker vital role in the justice courts in the justice delivery delivery system.

talked about the criminal justice daughter, wife etc.

she talked about the of for the protection system and various agencies of women and rights which play system.
The speaker also mentioned the role and powers of was given by Dr. Avanish on Gender Equality, Group 'C' presentation Lucknow on 'Judicial Intervention Judiciary.

inequality.

facility inequality, inequality mortality and gender inequality ' The speaker There are seven kinds of inequality special opportunity & natal inequality justice.
said if we want to bring gender equality, Gender Justice Kumar, Additional District Judge, and Sensitization of we need to understand gender basic in India such as: household inequality, professional inequality, ownership inequality, inequality, .

We need to work in these areas to achieve gender Dr. A vanish Kumar, Additional District Judge, Lucknow making presentation Sushri Shinjini Division), Rai Bareli Yadav, Addl.
Civil Judge (Junior making presentation The co-presenter of group 'C' was Sushri Shinjini who said that if we want to achieve Yadav, Additional the objects Civil Judge (Junior of any progressive more sensitive towards a sensitive We need to create 164 and while recording gender equality environment and shun prejudices in our court while recording It is also needed that of witnesses.

evidence and Rae Bareli we need to be a little Division), thoughts, biases statement police personnel in our approach.
under section and staff are also made sensitive.

Group 'D' presentation was made by Mrs. Sudha Singh, Victim Compensation Unnao on 'Restorative on who are entitled victim bit difficult to get compensation if the victim Justice, is a little has not come forward.

Civil Judge (Senior Division), and Rehabilitation. '

She started focusing under victim compensation scheme.

Identification of PAGE Is JTRINL JULY 2022 officers of MACT might be facing.
the presiding such as transport officers, insurance in speedy disposal ofMACT matters.

company officers He also made an appeal to other stakeholders and mediators to provide full cooperation Participants in the Zonal Conference Hon'ble on MACT Mr. Justice Hon'ble & Hon'ble Upadhyaya, R.Masoodi Jaspreet Mr. Justice Mr. Justice Singh Sharing Dias in Zonal D. K. A. Presiding Officers ofMACT, Hon'ble ARTOs, Mediators from High Court & Insurance Company Officers in the Zonal Conference Conference A.R.
Masoodi do not suffer and drivers, said that the accident and owners do not escape care must take special merely liability tribunals Mr. Justice victims Hon'ble to see that innocent because case to case depending is entitled unjust.

interactive He made an appeal of some doubt in a claim matter.

The quantum on the facts of each case.


This however would of just compensation would differ from not mean that the Tribunal to award even lower than minimum below which the compensation would become to the participants to make the whole programme participative and so as to reap maximum benefits from the conference.
Sri Kushalpal, Additional Director presenting a book to Mr. Justice Hon'ble A. R. Masoodi Senior Sri Vivek, Allahabad presenting Justice Registrar, High Court at Lucknow a book to Hon 'ble Mr. D. K. Upadhyaya Sri Manmeet Singh Suri, Additional Director book to Hon'ble a (Training) presenting Mr. Justice Singh Jaspreet In the inaugural session Motor Vehicles while addressing (Amendment) the participants, Mr. Justice Hon'ble Act, 2019 has made exhaustive Singh said that the the law and award of compensation made.
It has been provided death or grievous or neglect I wish that this conference opens new ways for speedy recovery or default of the owner of the vehicle its targets of compensation.

that the claimant hurt in respect or the vehicle achieves is one of the major areas amendments where amendments have been to plead or establish that the act of which that claim has been made was due to any wrongful shall not be required and turns out to be a great source or of any other person.
of learning concerned Jaspreet and in with National The Programme concluded Anthem.

PAGE i 11 JTRINL JULY 2022 BOOK REVIEW By Dr. Humayun Rasheed Khan• Title of the Book Ready to Fire: How India and I Survive ISRO Spy Case the Author Nambi Narayan with Arun Ram Publisher Bloomsbury Publications Year of Publication 2018 are natural outcomes are now published or the other and it culminates more frequently than these were done a few decades an autobiographer Autobiographies back.
Some autobiographies silent for one reason to reflect on past events in his outcome of some event in autobiographers' These kinds of autobiographies happenings which have made the memoir under review seems who was when the hidden author gets time There may also be certain autobiographies which are an life that has made the autobiography account of a writer inside into writing may be termed as 'compulsive autobiography of one's life' and certain This beautifully or her life.

obvious.
obvious.

outcome' written inevitable.

a 'compulsive of an r with expertise in mechanical enginee life happened in late 1994 as a potboiler and misadventure as police that exposed before being exposed event in the authors' an international mischief hatched beyond the Atlantic.

of this autobiography event in the life of one of the most remarkable The unfortunate science unfortunate rocket propulsion.
of sex, spies and rocket eventually the beginning India and Russia in 1992, a year after the two countries cryogenic exposure LB.

officer role of leading speaks volumes about international Nambi Narayan, technology.

of foul play not only by police but by Intelligence and his subsequent conspiracy conspiracy that it is in public domain the autobiographer.

In this context the timing of ISRO spy case (1994) and the subsequent Bureau (LB.)

as well.
as well.

The dubious shift and permanent settl to ruin the lives of many scientists ement in United States including how the US applied signed a contract As the writer says in sanctions on for transfer of The renowned public servant T.N.

Seshan in his foreword to the autobiography he knew Nambi Narayan from his early days in ISRO as an intelligent, dedicated This autobiography with unquestionable integrity.
hardworking and turns has many twists scientist says that and • Additional Director (Research), Judicial Training and Research Institute, U.P., Lucknow PAGE I 14 JTRINL JULY 2022 as it relates to the remarkable achievements of a great scientist coming from a humble background.

His work with some of the greatest space scientists such as Satish Dhawan, Vikram Sarabhai, B. Ram Krishan Rao and A.P.J.

Abdul Kalam and sharing of happy memories gives a delightful feeling.
But when the author moves on to narrate the sad story of ill treatment, abuse, torture and intolerable accusations of being a traitor, the story becomes heart breaking, conscience jolting and melancholic for a reader.
This autobiography is also a unique example as to how semi-literate citizens swayed by empty emotions in the name of nationalism and fake narrative start accusing and abusing not only an accused but his family members despite the fact that the contributions in nation building of such an accused were well known in public space.
It is also a sad story of irresponsible manne r of reporting news by some sections of media as also responsible reporting and truth finding journalists of some other sections of the media, which ultimately exposed the conspiracy.

The autobiography ofNambi Narayan is touching, thought provoking and well written.

If anyone is interested to find out the meaning of a true nationalist and a selfless nation serving citizen, he must fnd this autobiography and travel through its 337 pages.
i PAGE I is JTRINL JULY 2022 LEGAL JOTTING '' "In contradistinction to parole, in furlough the prisoner is deemed to be serving furlough is not reduced from actual serving period."

the sentence in as much as the period of Hon'ble Dinesh Maheshwari, Mr. Justice Judge, Court of India Atbir v. State ofNCT of Delhi, Supreme AIR 2022 SC 2911: AIR Online ..........__ _____ ,, 2022 SC 628 SUPREME COURT 1.

Union of India and others v. C.R.


Madhava Murthy and another, (2022) 6 SCC 183 The judgement by stepping anomaly had availed benefit of ACP Scheme.
of Hon'ble Supreme Court deals with parity in pay scale and removal up pay of seniors on promotion drawing less salary than their juniors of who It has been held that employees pay on account on Fundamental who were junior of upgradation granted Rules 22 and order issued in relying drawing higher to them under ACP Scheme by Government of India for to respondents and were granted while directing stepping up of pay of respondents pay than their juniors.
Hence, it was held that no interference from date they started with impugned promotion was justified removing drawing judgment lesser was required.

anomaly 2.
anomaly 2.

Manoj alias Monu alias Vishal Chaudhary v. State of Haryana and another, (2022) 6 sec 1s1 It has been held that plea of juvenility and determination of Children) Act, 2000 is essentially 7 A of of age under section of fact to be a question Justice (Care and Protection adduced Juvenile determined be raised juvenility only on the ground that the Act is a beneficial on basis of materials in a bona fide and truthful which is not reliable or dubious manner.

by the parties.
by the parties.

Therefore, It was further held that the plea should if the reliance is on a document to seek be treated to be juvenile in nature, the appellant cannot legislation.

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