Does Narayan Chandra Ghosh By Judicial Misconstruction Take Away The Right Of Appeal Under The Securitisation Act

The right to Appeal is a statutory right, conferred by a statute and subject to such conditions as provided therein. The Code of Civil Procedure, 1908, the mother doctrinaire for all civil proceedings, recognise two kinds / classes of Appeal(s), being – a) one against the final order / judgment / decree disposing / deciding the original proceeding under Section 96 of the Code; and b) the other against various interlocutory order(s) / judgment(s), that are passed from time to time in any civil...

Aadhaar Is Adharma, It Is Against Geeta And Constitution

A Supreme Court, which is conscious of the erosion of its authority, will surely ask the Attorney General on Monday (October 30) when he comes back to it with instructions from the government to inform the court as to why it has not complied with the court’s direction that “the Union of India shall give wide publicity in the electronic and print media, including radio and television networks, that it is not mandatory for a citizen to obtain an Aadhaar card. The production of an Aadhaar card will...

#WheresTheDNA: Strengthening Investigations by DNA Profiling

If we see the level of convictions in criminal cases in India, it is very disheartening. A majority of criminal cases just fall through because of shoddy investigations or the prosecution’s inability to prove the involvement of the accused. Many times, the officers who investigate the crime scenes are not competent enough to appreciate the collection of important and crucial forensic materials which could be detrimental for the nailing down of the accused. In most of cases, especially in the...

The Science Underlying Use Of DNA Evidence To Solve Crime

Every human began life as a single cell that was formed when a sperm cell from her/his father fused with the mother's egg cell. Both sperm and egg cells contain only a single copy of each of the 23 human chromosomes, and their fusion creates the "fertilized egg" (also called a zygote) with 46 chromosomes (a set of 23 chromosomes from the sperm + another set of 23 from the egg). Then, a series of cell divisions called mitoses forms the trillions of cells of the adult body, each with...

Legal Education in India: The Saga Of An Overregulated And Undergoverned Discipline

Higher education including legal education in India has attracted incredible attention over the past 20 odd years. The reason is but obvious, the cracks in the education system have become more evident today and if not cemented in time, the system will fall apart thereby permanently ravaging the very fabric of the society.Recent years have seen a burgeoning of ill-equipped law colleges, housed in tiny rooms with skeleton libraries, and lacking well trained academic as well as administrative...

Is Patna University Superior To Supreme Court Of India?

Prime Minister Narendra Modi was in Patna on October 14 to address the students at Patna University. Responding to this occasion, Registrar of Patna University (P.U.) issued an “Urgent Notice” by the order of Vice Chancellor on the subject ““Instructions for Identity Card of students”. This order dated 10 October, 2017 reads students “who wish to attend Patna University Centenary Celebration to be addressed by Hon’ble Prime Minister are directed to go on the P.U....

Kerala HC's Order on Campus Politics – More Political than Legal

The High Court of Kerala, recentlypresented its views regarding the student political activities in Kerala Campuses and in an Interim Order (passed on 13/10/2017) itself the Court endeavoured to ban campus politics in its entirety. It’s interesting to note that out of the five-page order, except four sentences, every drop of ink was spent for the purpose of eradicating politics from campuses. I am left with no option but to argue that the further hearings of the case, MES Ponnani Management V....

India Should ‘Collect & Test’ DNA Left At All Violent & Sexual Crime Scenes

Forensic DNA is the world’s greatest crime fighting technology. Nearly every country in the world has forensic labs capable of comparing the DNA left at crime scenes to the DNA of suspects, to determine who was at the crime scene, which leads to the culprit. India is not doing enough DNA collection from violent and sexual crime scenes. As a result, those guilty of rape and murder do not get convicted, and innocent suspects do not get exonerated.In India, 34,651 cases of rape were registered...

Death By Starvation, Right To Food & Indian Democracy

On September 28, Santoshi Kumar, an 11-year-old girl in Simdega district of Jharkhand, died because of starving for nearly 8 days. Her family had not received any ration for months as their ration card was cancelled after being struck off the Public Distribution System (PDS) for not linking their ration card with Aadhaar. The system of Aadhaar has been under continuous criticism for ‘depriving the most vulnerable people of their grain entitlements’. Since a set of public interest litigations is...

Ban On ‘Politricks’, Not On ‘Politics’

Political activism is strictly banned in the campus. Students are forbidden to organise or attend meetings other than the official ones. Students resorting to strikes are strictly prohibited from entering the verandah of the building or the class rooms. Upholding the validity of the above clause in a college disciplinary manual, the Kerala High Court has held that it is a reasonable restriction permissible under Art. 19 (1) (a) or (c) of the Indian Constitution. In other words, politics is...

The Slaughter Of The Spring Lambs

Only three films in Oscar history have taken all the 5 top awards distributed annually by the Academy of Motion Picture Arts & Sciences. The first was 1934’s It Happened One Night, which was faithfully reproduced by Bollywood as Dil Hain Ke Manta Nahin. The second was forty years later with Milos Forman’s One Flew Over the Cuckoo’s Nest, which mercifully was spared the copycat treatment, not least because a reprisal of McMurphy the crazed inmate would have been nigh impossible. One other...

Chargesheet Without Arresting The Accused And Right Of Bail

Interesting issue may arise in a given factual matrix. If charge sheet is filed showing the accused as not arrested but the offence attracts a non-bailable section and magistrate issues summons to accused, can the accused demand bail as a matter of right on the ground that he was not arrested during the investigation?Hon'ble High Court of Delhi seems to suggest so. In Court On Its Own Motion v. Central Bureau of Investigation 109 (2003) DLT 494 it laid down following direction for compliance by...