Kerala HC Judgment In Balasubramanian. K.S Vs. Biju Kochupaul And Another, Sets A Bad Precedent

A private complaint was filed before the Enquiry Commissioner and Special Judge, Thrissur (“Special Judge” for short) by one Biju Kochupaul against one Muhammed Nissam and 14 others including K. S. Balasubramanian (former State Police Chief, Kerala- “SPC” for short) alleging that the SPC and certain police officers had extended undue favours to Muhammed Nissam, a millionaire who had allegedly committed murder of one Chandra Bose, a security guard at the main gate of a posh residential complex...

Limited Liability of Insurer in Motor Vehicles Amendment Bill 2016 - A retrograde step

When the Union Cabinet approved the Motor Vehicles Amendment Bill 2016, it was hailed by all as a progressive enactment. The Bill provided for stringent penalties for road traffic violations. The Bill also made compliance with safety requirements mandatory. There were also provisions for protection of ‘Good Samaritans’, enhancement of compensation payable to victims of ‘Hit and Run’ cases, and creation of ‘Motor Vehicle Accident Fund’ etc. Certainly these are all praiseworthy endeavours which...

Curious case of the Mohd. Farooqui trial

Two very well settled principles of criminal law are – Innocent till proven guilty and to be proved guilty beyond reasonable doubts. Both are not absolute and have subtle variations differing from case to case. A criminal trial; especially of grievous offences is a hefty exercise, both for the bar and for the bench. It must be, and I must repeat, it must be free from any external factor other than facts, laws and evidences. It is in this light that the judgment showing the trial of...

Revamping the Process of Recording of Evidence

The process of recording evidence is crucial to the sustenance or collapse of a cause in a litigation, be it civil or criminal. However, this most important part of a litigation is not given its due by the Judiciary in general, including the High Court of Judicature Madras.As far as the High Court is concerned, the recording of evidence including cross examination of witnesses, is delegated by the Judges to personnel called Additional Masters. Even as per the Rules of the High Court, 1994, these...

Bharat Bandh: Know your rights and duties during Hartal

Are you legally bound to stay put in your home on a hartal day? Is it legal to bring essential services like banking and public transport to a grinding halt? What are your rights and duties on a hartal day? To know, read on…Over 15 crore workers in central public sector undertakings are expected to go on a nation-wide strike today in response to the Bharat Bandh call by 10 Left-affiliated unions in protest against ‘anti-labour’ policies of the government, bringing normal life to a halt. The...

Evanescing of the Due Process? Abuse of the Writ Jurisdiction in Lieu of Alternate Remedy

Introduction When the members of the Constituent Assembly presented the Constitution of India to our nation, one of its primary and fundamental objectives was not only to provide a sovereign, democratic, republic state, but to secure for its citizens justice, liberty, equality and fraternity by administering adequate safeguards and legal protection in case of any abuse or infringement of any right. All our laws as we know of derive its source and power from the Constitution and the writ...

Handicapping advocates from appearing without a local counsel; diluting the right to practise!

In a landmark judgment, the Supreme Court in Jamshed Ansari vs. High court of judicature at Allahabad & ors (CA No. 6120/16) speaking through Sikri & Ramanna JJ has held that right of Advocates to appear and conduct cases in the court is subject to control & supervision of conduct by the High Court and a bar on practise by advocates other than a set of practitioners on the Roll of High Court was valid.In an interesting web of legal issues, the matter pertained to interpretation of...

Religious Liberties’ tryst with the Essential Religious Practices continues with the Haji Ali Judgment

Recent introductory layoutPast two years have witnessed significant judicial developments in disputes surrounding religious liberties.In July 2014, the Supreme Court in Vishwa Lochan Madan v Union of India held that Fatawas and Shariat Courts had no legal sanction and any attempt to force their implementation attracts penal action. In February 2015, in Khursheed Ahmed Khan v State of UP it was held that statutory rules prescribing termination of service on contracting a second marriage by a...

Bypassing Elected Legislatures - Ordinance Raj in India

There’s a touch of irony in speaking about India’s Ordinance Raj on the 14th of August, one day before my country celebrates its 69th Independence Day. Precisely 69 years ago our first Prime Minister, Jawaharlal Nehru, made a rousing speech about India’s tryst with destiny, which he promised would be redeemed at the stroke of the midnight hour that night. Two and a half years later, when the newly minted Republic gave itself its Constitution, it included Articles 123 and 213, giving a renewed...

Listen to the Chief Justice of India

Chief Justice T.S. Thakur is soft spoken and composed -- a Judge who in proceedings in his court often disarms arguing counsels with humour. However, on Friday, August 12 the Chief Justice’s usual poise was shaken. The highest judicial authority of the land, incensed by the indifference of the Central Government to the urgent requirement of appointing judges warned the Attorney General (AG) that the Supreme Court of India would contemplate judicial intervention if the Centre continues to delay...

Inside the Court it is not the Media, but the Judge and the Advocate who are Supreme

I thought of penning this article before the news “value” of the “Bar and the Media” controversy, dies down. The purpose of this article is, however, not to breed any hatred between the Bar and the Press or to foment any distrust or discontentment between the two. My only concern is that, in the escalating process of the all-pervasive media penetrating into every sphere of human activity, the position of the Bar should never be underestimated at least in relation to the Courts of justice and...

Freezing Behind the Wretched Law of Sedition

The wretched law of sedition frequently comes to the rescue of people in power left cold by the despondence of their deeds. It is hardly surprising that the colonial British empire tried to warm its morally naked soul by taking shelter behind the offense of sedition as enacted under Section 124 A of the Indian Penal Code. What defies logic is the deafening silence of the Parliament of independent India on the offense of sedition which was responsible for conviction of renowned freedom fighters...