15-Feb-2021
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…
05-Feb-2021
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…
28-Dec-2020
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…
20-Nov-2020
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…
06-Nov-2020
Law may or may not be an a**; but in India it is a snail – it moves at a pace which would be regarded as unduly slow in a community of snails.” -Nani Palkhivala The Indian legal system is infamous for its backlog of cases, high pendency levels and delayed justice. As of…
26-Aug-2020
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,…
24-Jul-2020
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);…
24-Oct-2019
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…
11-Sep-2019
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…
16-Aug-2019
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…
19-Oct-2018
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…
08-Aug-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…
08-Aug-2018
Point Under Discussion: The discussion centers on the citizenship status of the brothers, sisters and other family relatives of Declared Foreigners and their consequent inclusion in the NRC list. Conclusion: According to the existent statutory provisions, namely the Foreigners’ Act, 1946, read with the Foreigners’ (Tribunal) Order, 1964, the Superintendent of Police has to make…
17-May-2018
The relentless hounding of Human Rights Defender still continues but she refuses to be silenced. Watch this video to know more:
29-Apr-2018
The Bar Council of India (BCI), on April 26, 2018, told the Supreme Court that the Kathua Bar Association hadn’t obstructed the Crime Branch from filing the charge-sheet against the accused in the Kathua rape and murder case. The BCI also advocated the CBI probe into the case. Notably, on April 9, 2018 lawyers from the Kathua…