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Judgement

Revisiting DK Basu: The most relevant judgment of all time A landmark judgment that held that torture revealed the darker side of human civilization

Case title: D.K.Basu vs. State of West Bengal Case No.: Writ Petition (Crl) No. 592 of 1987 Date of judgement: December 18, 1996 Coram: Justices Kuldip Singh and A.S. Anand ‘Torture’ of a human being by another human being is essentially an instrument to impose the will of the ’strong’ over the ‘weak’ by suffering…

Family migrates from WB, son declared foreigner in Assam! Gauhati HC upholds Tinsukia FT’s order, does not accept land documents as proof

Even as the poor, the unlettered and the dispossessed worry about proving their citizenship in the absence of having proper documents, it turns out even when one has them there is no guarantee that they will be able to prove their case. Munindra Biswas learnt this the hard way. Now that the final NRC has…

School headmaster’s testimony missing, Assam woman declared foreigner Gauhati HC uphold's FT order, insists on testimony of issuing authority to authenticate documents

In yet another example of how challenging it has become for people to prove their citizenship, the Gauhati High Court has ruled that a school leaving certificate needs to be authenticated by providing the testimony of the issuing authority. The court ruled against the suspected foreigner in the case because she failed to get her…

SC Extends Power To Grant Anticipatory Bail

SC extends power to grant anticipatory bail till completion of trial Appellate or superior court also granted power to consider the correctness of the order granting anticipatory bail at the behest of the State or investigating agency

Judgement Primer: Anticipatory bail protection till end of trial Sushila Aggarwal and others Vs. State (NCT of Delhi) and another Supreme Court of India: Justice Arun Mishra, Justice Indira Banerjee, Justice Vineet Sharma, Justice MR Shah and Justice SR Bhat Date of Judgement: January 29, 2020 Delivered by: Justice Justice Shah and Justice Bhat Introduction:…

Assam woman Declared Foreigner

Assam woman declared foreigner due to discrepancy in father’s name Gauhati HC upholds FT judgment

This is the story of Khairan Nessa a.k.a Moyran Nessa, a woman from Assam who was declared foreigner when an FT ruled that she was not the daughter of her ‘projected’ father. Her troubles began way back in 1998 when a case was registered against her under the provisions of the (now scrapped) IMDT Act.…

Gauhati High Court Has Given A New Lease Of Life To Tribunals in Assam

Mere absence after filing documents not justification for FT order against proceedee: Gauhati HC Landmark order is a lifeline for people declared foreigner in ex parte judgments by FTs

In a significant order delivered on December 20, the Gauhati High Court has given a new lease of life to those defending their citizenship before Foreigners’ Tribunals in Assam. The court has ruled that if the proceedee is unable to appear for hearings but has filed relevant documents, they must be taken into consideration and…

Justice Done, Delhi HC Reads into evidence of ‘hostile witnesses’, convicts husband on charges of dowry driven murder Delhi High Court's judgment analysed

Judgment Primer: New precedent for cases with hostile witnesses Salek Ram Vs. State of NCT Delhi and ors. High Court of Delhi at New Delhi: Justice G.S.Sistani And Justice Chander Shekhar Date of judgment (pronounced): Nov ember 20, 2019 Delivered by: Justice G.S.Sistani Introduction: Witness turning hostile is the biggest nightmare for the prosecution of…

Compendium of Judgments on the Forest Rights Act, 2006 (June 15, 2016) Contains all judgments related to the FRA from 2007 to 2015

Compiled by the Ministry of Tribal Affairs in collaboration with the United Nations Development Programme, the Compendium contains a total of 648 judgments delivered by the Supreme Court, various High Courts, and the Central Information Commission. The Compendium can be accessed here: CJP stands with the millions of Adivasis whose lives and livelihoods are threatened…

Assam: The Curious Case of Phuljan Nessa Declared foreigner Phuljan Nessa’s name appeared in the final draft of the NRC. How did this happen?

Phuljan Nessa, resident of Samaguri in Nagaon district of Assam was declared a foreigner by the Foreigners Tribunal in October 2017, yet her name was included in the final draft of the NRC. NRC issued a clarification on their Facebook page without accepting the blunder. The Gauhati High Court, while entertaining a Writ petition against…

Saffron Conspiracy in Bhima Koregaon

Why the Bombay High Court rejected the bail pleas of Activists: Bhima Koregaon An in-depth analysis

The Bombay High Court, on October 15, 2019 rejected the bail pleas of all three activists who have been held accused of “links with banned Maoist organisations” in the Bhima-Koregaon case. The Bail Applications were decided upon by Justice Sarang V. Kotwal and the verdict pronounced on October 15, 2019. We break down the orders,…

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