“Why Can’t Citizens Raise Such Slogans?” Justice Madhav Jamdar of Bombay HC Questions Police Action, Says He Will Impose ‘Hefty Costs’.
The Bombay High Court has made it clear that the right to dissent is an essential part of India’s constitutional democracy. The Court held that a citizen cannot be externed (banished from an area) simply for opposing decisions of the Union Government or raising slogans against it. In an important judgment, Justice Madhav Jamdar set […]
Can a Prisoner Claim the Benefit of an Older, More Liberal Remission Policy? SC Ends the Debate
The Supreme Court has held that a statutory remission policy cannot override the Governor’s constitutional powers under Article 161 of the Constitution. The Court said that the Governor’s power under Article 161 is separate, independent, and cannot be limited by a policy framed under a statute. A remission policy is a set of rules that […]
Can a News Channel Reveal Details That Identify a Minor Sexual Assault Victim? Delhi HC Says Aaj Tak Violated Her Privacy.
The Delhi High Court has dismissed an appeal filed by TV Today Network Limited, the company that owns and operates the news channel Aaj Tak, and has once again held that the right to privacy of victims of sexual offences cannot be sacrificed in the name of media reporting. Privacy Cannot Be Ignored: The Court […]
Can an Advocate With 22 Years of Practice, Accused of Forgery, Claim He Was Just Doing His Job? Gujarat HC Calls Out the Conduct.
An Advocate with 22 years of legal practice approached the Gujarat High Court seeking regular bail after his anticipatory bail had earlier been rejected. He was accused of preparing forged documents that were allegedly used to fraudulently transfer agricultural land into his own name. The applicant claimed that he had only rendered professional legal services […]
The Chargesheet Was Filed. The Accused Never Got a Copy. Was Default Bail Available?: SC Answers.
The Supreme Court has reaffirmed that an accused cannot claim default bail under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, simply because they were not furnished with a copy of the charge sheet. Supreme Court’s Ruling: A Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh clarified that the key requirement under Section 187(3) […]
“Does Exempting Sikh Men From Helmet Rules Violate Article 14? Bombay HC Answers.”
The Nagpur Bench of the Bombay High Court has upheld the exemption given to Sikh men wearing turbans from the compulsory requirement of wearing helmets while riding two-wheelers. The Court held that this exemption is based on the principle of reasonable classification under Article 14 of the Constitution and not on religion. Exemption Upheld: The […]
When Does a Conspiracy Begin? Supreme Court Says It Starts With a “Meeting of Minds.”
The Supreme Court has held that a person can be convicted for criminal conspiracy only if there is evidence showing that they knew about the illegal act (or a legal act carried out by illegal means) and had agreed to it. The court said that mere suspicion or simply being associated with the main accused […]
He Got the Grounds of Arrest, Not the Chargesheet. Did That Make His Arrest Illegal? Bombay HC Said No.
The Bombay High Court has held that an arrest made after a chargesheet has already been filed against previously arrested co-accused cannot be called illegal simply because the arrested person was not given a copy of that chargesheet at the time of arrest. The Court clarified that informing an accused of the grounds of arrest […]
A Passport Renewal, an Alleged Terrorist, and a Travel Agent: Karnataka HC Refuses to Quash Charges
The Karnataka High Court has refused to quash the charge sheet against a physically disabled travel agent who is accused of helping renew the passport of a man alleged to be the most wanted by the Andhra Pradesh Anti-Terrorist Squad. The Court said the allegations are serious and affect national security, so the case must […]
“Danger to Life…That’s the Only Factor”: SC While Declining to Suspend Asaram’s Sentence.
The Supreme Court bench of Justice MM Sundresh and Justice Sheel Nagu on Tuesday issued notice to the State of Rajasthan on a petition filed by self-styled godman Asaram Bapu. He has challenged the Rajasthan High Court’s decision upholding his 2013 rape conviction and life sentence under Section 376 of the IPC. No Sentence Suspension: […]