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

Guwahati HC grants bail to Assam woman declared foreigner CJP had provided her legal aid to challenge the FT Order in HC

CJP has helped a hapless Assam woman declared foreigner secure bail from the Guwahati High Court. The woman named Chenbhanu Begum had been declared foreigner in an ex parte judgment by an Assam Foreigners’ Tribunal in 2019. Chenbhanu Begum, wife of Madan Ali, is a daily wage labourer and resident of Fuhuratali village that falls…

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…

Indian courts and Medical Bail NIA court denied Father Stan medical bail on March 22

The Special NIA court rejected Father Stan Swamy’s bail plea on grounds that “he was not only the member of banned organisation CPI (Maoist) but was also carrying out activities to further the objective of the organisation which is nothing but to overthrow the democracy of the nation.” The NIA had initially sought 20 days…

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…

Bail under UAPA: Does the new SC judgment offer a ray of hope? CJP compares two SC judgements on bail under UAPA: Watali, 2019, and Najeeb, 2021

The Supreme Court recently passed a judgment upholding Kerala High Court’s order granting bail to an accused charged under the stringent Unlawful Activities (Prevention) Act (UAPA). This judgment has set a new precedent for consideration of bail of persons charged under UAPA, the number of which has been on the rise since the 2019 amendment…

Repeal UAPA: End targeting of minorities and dissenters Day one of a three-day consultation on inhuman provisions of anti-terror laws

The People’s Union for Civil Liberties (PUCL) along with a hundred organisations including the Citizens for Justice and Peace (CJP) organised a three-day consultation on the implementation of the Unlawful Activities (Prevention) Act (UAPA). The session began on January 20, 2021, and here’s what transpired on day one. Repeal of the UAPA and the National…

The worst from Indian courts in 2020 A month by month look at various court orders adversely shaping rights’ jurisprudence

As 2020 draws to a close, here is an annual round up of orders and judgements from 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, an overview of verdicts that raised some eyebrows, resulting in…

Understanding the right to default bail It is an extension of Article 21: Right to Life and Personal Liberty

The Supreme Court of India has held that there is a fundamental right granted to an accused person to be released on bail once the conditions of the first proviso to Section 167(2) of the Code of Criminal Procedure are fulfilled. Moreover, life and personal liberty of an individual must be paramount. The three-judge Bench…

What does it take to secure bail under UAPA? A look into how different courts deal with bail applications under UAPA and the rationale behind them

The Unlawful Activities (Prevention) Act (UAPA) is a national security legislation that gives unbridled powers to the government authorities to detain an individual basis vague and arbitrary grounds, for example “in the interest of national security”. The haphazard manner in which the charges under UAPA are being invoked has led to several persons being detained…

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