Why The Arrest Of Journalist Prashant Kanojia By UP Police Is Illegal?

It appears to be a blatant abuse of power because the offences in the FIR do not justify the arrest

Prosecution For Contempt Of Lawful Authority Of Public Servants And For Offences Against Public Justice And Offences Relating To Documents Given In Evidence

Offences pertaining to contempt of the lawful authority of public servants are dealt with under Sections 172 to 188 (both inclusive) in Chapter X of the Indian Penal Code, 1860 ("IPC" for short). But, for the prosecution of an offender for any of those offences or for any abetment, attempt or criminal conspiracy to commit any of those offences, Section 195 (1) (a) of the Code of Criminal Procedure, 1973 ("Cr.P.C." for short) insists that the public servant concerned or any other public...

What Has Happened A Year After Bhima Koregaon Arrests?

While the investigation in the FIR against Dalit activists witnessed high action, with country wide hound for academic-activists and dramatic press conferences, similar zeal is palpably missing in the other FIR against right-wing outfits.

Exclusionary Rules (Past, Present & Future)- A Comparative Study Between USA, England & Wales And India

"The public interest demands not only that the guilty are brought to conviction, but also that they are brought to conviction in a civilised and publicly acceptable manner. In other words, the public has an interest not only in the conviction of the guilty, but also in the moral integrity, or to put it more simply, the quality, of criminal proceedings".[1] -Commonwealth Law Bulletin 1992 The above statement signifies the irrefutable principle of fair trial. One of the devices...

The Gogoi Case And After: Wake Up Call For Indian Judiciary

No mature society should permit an individual to impersonate or appropriate an institution, writes a former Patna high court judge.

Should I Wear My Patriotism On My Sleeve? Analysing The Law On Sedition In India And The Demand For Its Stricter Enforcement

One's patriotism and feelings of nationalism have always been a personal sentiment. One need not show their love for the country by explicit gestures as long as the sentiment is genuine from within. Recent times in India show otherwise, as the citizens are expected to wear their patriotism on their sleeve and even by mistake not criticize government institutions. If they do, they are termed an 'anti-national' and booked under the draconian Section 124-A of the Indian Penal Code which ...

Listening Skills In Mediation

"One of the most sincere forms of respect is actually listening to what another has to say." --Bryant H. McGill.

Mamata Banerjee, Priyanka Chopra And Aishwarya Rai: What Bonds Them Together And Why?

On 14-05-2019 the Supreme Court of India created one more example of broadening the freedom of speech when it ordered for the immediate release of Priyanka Sharma, a BJP activist. Sharma had allegedly posted a meme of Mamta Banerjee which contained a morphed picture of Mamata Banerjee on Priyanka Chopra's image that was taken in Met Gala, 2019. Chopra was heavily trolled for her attire and make-up and several people started created memes with Chopra's picture. The Supreme Court on an appeal...

Can Apollo Marry Hyacinth In India ?

Homoerotic narratives have never been a novelty in the western culture. In Greek mythology, Apollo loved Hyacinth, a handsome Spartan prince. Their gleeful love affair even defied death. The loving duo enjoyed together hunting and climbing mountains. Apollo took Hyacinth into his sacred lands in the chariot drawn by swans. The jealous West wind Zephyrus killed Hyacinth and Apollo created a flower, the hyacinth, to immortalise his darling.So also Zeus, the king of Greek gods, loved Ganymede, the...

Birla v. Adventz: A Snapshot Of The Supreme Court And Criminal Law & Procedure

I happened to be in the Supreme Court in February when arguments were being addressed by parties in Criminal Appeal No. 875 of 2019, Birla Corporation Ltd. v. Adventz Investments & Holdings Ltd. & Ors. (Connected with Crl. Appeal Nos. 876 of 2019 and 877 of 2019). It was a great experience as some of the country's most famous lawyers were addressing the Court, Not on a nuanced issue of constitutional law, but on whether a High Court had erred in quashing summons issued on a criminal...

One-Sided Justice- Writes Justice (Rtd) Madan Lokur

Eleanor Roosevelt said: Justice cannot be for one side alone, but must be for both. Was justice done to the Supreme Court staffer who made two allegations on affidavit - firstly of unwanted physical contact by the Chief Justice of India and secondly of victimisation. For the present purposes, I would only like to consider the allegation of victimisation. The allegation of victimisation relates to a departmental inquiry that continued despite the hospitalization of the complainant; her dismissal...

Election Commission That Failed Itself

The apolitical institutions of India in the last five years have become more political, flag-bearers and slowly turned into the fan-boys of the ruling establishment. They seem to exist but like the lamp posts without the lamps. We must learn that a democratic society crumbles where institutions do not cherish the hope of neutrality but deceive. When the institutions become cheerleaders, the political leaders become the institutions in themselves. There is a saying in the Finnish culture...