RTI Amendments: An Obituary To Independent Information Commission

[We were celebrating the 12th October as RTI formation day. But immediately after 12 days we are now compelled to mourn the sad demise of institution of Independent Information Commission on 24th October 2019 on which the destructive Rules are notified.]

Why Justice Arun Mishra's Non-Recusal Is A Problematic Precedent?

The order has considerably diluted the golden principle that "Not only must Justice be done; it must also be seen to be done."

Though Path-Breaking, The Operational Scope Of Sections 156(3) And 173(8) Cr.P.C. Enlarged By Breaching Judicial Propriety

I had occasion to read from www.livelaw.in, a 66-page judgment dated 16-10-2019 rendered by 3 learned Judges of the Hon'ble Supreme Court of India in Vinubhai Haribhai Malaviya and Others v. The Stateof Gujarat and Another (Criminal Appeal Nos. 478-479 of 2017). The Bench has mainly held as follows:- i. The power of the Magistrate under Section 156 (3) Cr.P.C. can be exercised even at the post-cognizance stage until the commencement of trial i.e....

The MHA Need To Have A Cautious Approach To Criminal Procedure Reforms

The Nation wants to know the intent and contents of the proposed amendments in criminal laws ensuing the statement of the Union Home Minister Mr Amit Shah that was made couple of weeks ago. Not much is known about the actual motivation and direction about seemingly sweeping amendments that are intended to be caused in the Indian Penal Code, Criminal Procedure Code and some other criminal laws. These crucial amendments would amount to redefining of criminal justice policies without a...

The Desirability Of A Permanent Constitution Bench In The Supreme Court

In 1950, the maximum number of judges in the Supreme Court was seven plus the Chief Justice of India. This number was increased to 11 in 1956, to 14 in 1960, to 18 in 1978, 26 in 1986, 31 in 2009.The recent increase, following a letter by Chief Justice Ranjan Gogoi to the Prime Minister, has brought the number of judges in the apex court to 34, including the CJI. According to a recent report in the Times of India, the Supreme Court is to have a permanent Constitution Bench from October 1,...

The Significance Of Bombay HC Ruling On Phone Tapping

In each of its three conclusions – on illegality, on the remedy, and on evidence – the Bombay High Court engaged in a textbook application of law and precedent

Amended Section 6 Of Hindu Succession Act : Cauldron Of Confusions

1. The amendment of 2005 to Hindu Succession Act is a cauldron of confusions and inconsistencies. This might be because of factors such as imperfect language used in the amendment , inconsistent judicial interpretations and also injustice resulting to wife of the coparcenor. 2. Historical background: Before the enactment of the Hindu Succession Act, 1956, Hindus were covered by Shastric and customary law which varied from region to region. Dayabhaga school of law was prevalent in...

Section 50 NDPS Act: Mis-Understanding The Jurisprudence Of Compliance

This is a response to "Section 50 NDPS Act: Understanding the Jurisprudence of Compliance", In the aforesaid article, the author has concluded that Section 50 requires a mandatory search of a suspect in the presence of a Magistrate or a Gazetted Officer. The presence of a Magistrate or a Gazetted Officer is an inviolable requirement. The relinquishment or waiver by accused for search in the presence of a Magistrate or a Gazetted Officer is insignificant. The conclusion is...

COFEPOSA: Is The Recent Supreme Court Judgment In Dimple Happy Dhakad Against Settled Position In Law?

A two-judge bench of The Hon'ble Supreme Court of India, in a recent judgment in Union of India v. Dimple Happy Dhakad (AIR 2019 SC 3428) set aside a Bombay High Court judgment, which had quashed detention order passed against one Dimple Happy Dhakad, thereby restoring the detention order. One of the major ground discussed for setting aside the detention order was the non-pendency of a bail application of the accused, rendering the detention order bad in law. The judgment of the...

Kashmir: Fundamental Rights And Sealed Covers

In a previous post, we discussed one of the peculiar features of the ongoing litigation regarding the communications shut-down and other restrictions in Kashmir. One of these features is the absence – in court – of the government's orders that constitute the basis for the restrictions (whether under the Telecom Suspension Rules or Section 144 of the CrPC). As we discussed, one of the basic requirements for a restriction upon fundamental rights is the existence of a law, and its publication...

A Court Without Lawyers ; A State Deprived Of Justice

A witness account of the happenings in the Jammu and Kashmir High Court.

4 Years Of NJAC Judgment : Where Is The MoP For Judges Appointment?

Four years down the line, it is relevant to ask what has the NJAC judgment achieved with respect to institutional reforms.