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CJP helps Assam man secure bail from Guwahati HC The Bengali Hindu man had been dragged to the FT twice, despite being pronounced Indian the first time

CJP has come to the aid of Uttam Chakraborty, a Bengali Hindu man who was forced to defend his citizenship before a Foreigners’ Tribunal twice! While he was declared Indian the first time, he was shockingly found to be a ‘foreigner’ a second time. But CJP provided him legal aid and helped him secure bail…

Personal Laws vis-à-vis Fundamental Rights, Part III of the Constitution Analysing State of Bombay v. Narasu Appa Mali, 1951

In India, personal laws deal with marriage and divorce, maintenance, guardianship and succession, joint family and partition etc. These are broadly be characterised as ‘family laws’. While India is a secular country otherwise; in the context of its personal laws, it is essentially pluralistic. Thus, while the Indian Constitution guarantees equality before the law, and…

When rights weigh down laws and bail is granted When courts invoke discretionary jurisdiction to uphold right to liberty

The grant of bail to 82-year-old Telugu Poet Varavara Rao on medical grounds has highlighted that a prisoner is not denuded of his fundamental rights, just because he has been remanded to custody through due procedure of law. It is relevant to examine how courts have upheld the rights of prisoners despite the crimes alleged…

Pushing Human Rights Jurisprudence a Challenge A tribute to legal luminary KG Kannabiran

Kanna advanced the argument that there should not be any form of prior sanction for prosecuting a policeman in a Human Rights Court. The fact that there is the establishment of a Human Rights Court at the district level under the protection of Human Rights Act is by itself a statutory sanction. No separate sanction…

Ramifications of Bom HC judgement on ‘media trials’ Court warns news channels against abusing Right to Freedom of Speech

A Bombay High Court bench headed by Chief Justice Dipankar Dutta delivered a rather lengthy judgment analysing media trials and whether the media over stepping and obstructing investigation in criminal cases amounted to criminal contempt of court. While the court refrained from issuing any notice of contempt of court for obstructing administration of justice, it…

The best of Indian courts in 2020 CJP takes a look at various court orders that positively shaped human rights’ jurisprudence

As the year 2020 draws to a close, here is an annual round up of orders and judgements of India’s constitutional courts — High Courts and the Supreme Court of India. In a month by month look, CJP brings you a calendar of the year gone by: through judgements and orders that paved new paths…

High Court striking down Central law: Impact on Jurisprudence Ramifications of recent SC direction in petition challenging Epidemic Act

The Supreme Court recently refused to entertain a plea challenging validity of a central law questioning why the petitioner had not approached the High Court where the cause of action had arisen. The petitioner was challenging the Epidemic Diseases Act and the bench of Justices DY Chandrachud, Indu Malhotra and Indira Banerjee were hearing  the petition. Justice Chandrachud…

A closer look at the new Criminal Law Reforms Committee Concerns raised about it being hasty and non-inclusive

The Ministry of Home Affairs has commissioned a Committee for Reforms in Criminal Laws in May, to “recommend reforms in the criminal laws of the country in a principled, effective, and efficient manner which ensures the safety and security of the individual, the community and the nation; and which prioritises the constitutional values of justice,…

Did the Supreme Court use its judicial power enough to prevent the major crises during lockdown? Prominent advocates discuss lockdown and the role of Supreme Court of India

In this video, prominent advocates and lawyers try to find out the various ways in which the Supreme Court could have used its power of judicial review and dealt with the major crises of migrant workers, food and employment during the country-wide lockdown. Speakers include: Mihir Desai, Senior Advocate; Clifton D’ Rozario, Advocate (Manthan Law);…

The Lower Court – Higher Court paradox Is it always our higher courts that deliver substantial justice?

Recently we saw two judgments, one from a district court and one from a High Court, both dealing with gender justice (the rights of women and crimes against women) and both resulting in contrasting outcomes. While the lower court, in a civil case, upheld and recognised a woman’s maternity benefit to be an integral right, the…

More than 200 new FT members appointed in Assam New FTs coming up to hear cases of people excluded from NRC

The government of Assam has appointed 221 new Foreigners’ Tribunal (FT) members to hear appeals of over 19 lakh people who have been left out of the final National Register of Citizens (NRC). The list of names of new appointees and the FT to which they have been assigned was released on Monday via a…

Where is the justice in the Pehlu Khan murder case? Did Alwar court's failure to haul up prosecution for botched investigation derail the case?

It is a question that Indian courts will have to answer. On the eve of India’s 73rd Independence Day, a travesty of a verdict blotted India’s jurisprudential landscape. Rejecting the weak links in the process of collection of evidence during investigations –which included a video that was not forensically tested by the state’s prosecution—but which…

Stop the voice of people

विशेष! आवाज़ दबाने का षडयंत्र: भीमा कोरेगांव केस के प्रथम शिकार, दलित प्रवासी कामगार 10 महीने के बाद भी पुरुष जेल में क़ैद हैं और उनकी पत्नियाँ न्याय के लिए दर दर भटक रही हैं.

12 जनवरी, 2018 को, पुणे में भीमा कोरेगांव एल्गार परिषद कार्यक्रम के दो हफ्ते बाद, महाराष्ट्र पुलिस के आतंकवाद विरोधी दल (एटीएस) ने रिलायंस इंफ्रास्ट्रक्चर के चार श्रमिकों, एक ठेकेदार और एक अनियत श्रमिक को उठा लिया. गिरफ्तारी से पहले घंटों तक देर रात झोपड़पट्टी में उनके घरों पर छापा मारा गया था. एक दिन…

Gauhati HC Upholds NRC Coordinator's order

Gauhati HC Upholds NRC Coordinator’s order on siblings and family members of Declared Foreigners Analysis of order dated June 22, 2018

Point of Discussion: The petition has been raised by an aggrieved brother of a Declared Foreigner and seeks to establish the unconstitutionality of such a notification in the light of S.2(3) and S.3(2) of the Schedule to the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003. Conclusion: The High Court upheld…

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