Constitutional Law
'Accused Not Named In FIR, Remand Report Or Chargesheet': Telangana HC Probe Into Alleged Illegal Detention By Police
The Telangana High Court has directed the Director General of Police to register a crime/FIR and entrust investigation to a Special Investigation Team (SIT) or CB-CID on a petition alleging illegal detention, coercion and abuse of authority by police officials. [2026 LiveLaw (Tel) 83]A Single Judge Bench of Justice N. Tukaramji observed:“This inconsistency raises serious concerns regarding...
Supreme Court Upholds Validity of Haryana Rule Deferring Compassionate Assistance For Kin Accused Of Murdering Govt Employee
The Court also clarified that 'compassionate assistance' was different from 'compassionate appointment'.
Major Woman's Choice To Live With Partner Must Be Protected From External Forces: MP High Court
The Madhya Pradesh High Court has granted police protection to a woman residing with a 26-year-old man, observing that she is a major and therefore, her choice to reside per her own will must be protected from external forces.2026 LiveLaw (MP) 209The bench of Justice Rajesh Kumar Gupta observed: "... since she is a major, she is entitled to reside as per her own will, and if she so decides,...
Police Can't Decide Candidate's Employment Suitability While Verifying Criminal Antecedents: Kerala High Court
The Kerala High Court has recently held that the police cannot decide whether or not a person is suitable for appointment while issuing a verification report containing criminal antecedents under Section 53 of Kerala Police Act, 2011.2026 LiveLaw (Ker) 325Justice Bechu Kurian Thomas remarked:“In a report verifying the antecedents of an applicant for employment, it is not open for a...
Rajasthan HC Permits Medical Care To Asaram In Jail Granted In Earlier Orders; Rejects Plea For Temperature-Controlled Ward, Pvt Ambulance
Rajasthan High Court has directed that all the facilities, accommodations, permissions and medical arrangements that were made available to the rape convict, Asaram, by the earlier orders of high court and Supreme Court, shall continue to remain operative in the same manner, after his appeal against conviction was dismissed by court.Asaram had moved the high court seeking restoration of...
Doctrine Of Forum Non Conveniens Rarely A Ground To Deny Writ Jurisdiction Under Article 226(1): Supreme Court
The Supreme Court has held that the doctrine of forum non conveniens would not ordinarily apply when a litigant invokes the jurisdiction of a High Court under Article 226(1) of the Constitution, which allows writ petitions to be filed against authorities located within the territorial jurisdiction of that High Court.The doctrine of forum non conveniens permits a court that otherwise...
Habeas Corpus Not Maintainable When Person Is In Statutory Custody Under Multiple FIRs Disclosing Cognizable Offences: MP High Court
The Madhya Pradesh High Court had said where a person is under statutory arrest pursuant to multiple FIRs disclosing cognizable offences the remedy of habeas corpus cannot be granted specially wherein previous detention orders had been revoked and the person is not under illegal detention. The division bench of Justice Vivek Agarwal and Justice Ratnesh Chandra Singh Bisen observed:"Second...
Magistrates, Cops Personally Liable To Compensate For Illegal Preventive Detention : Allahabad High Court Issues Guidelines
The Court ordered the payment of Rs 75,000 to an advocate who was illegally detained for 3 days, and directed recovery of the amount from the erring official.
Freezing Bank Account Without Proving Account Holder's Involvement In Criminal Case Adversely Affects Fundamental Rights: Gujarat High Court
Directing the de-freezing of a man's bank account, the Gujarat High Court observed that while investigating agency has power to direct freezing, however without specifying the quantum of suspected amount or without establishing involvement of the account holder in any criminal activity, results in adversely affecting his fundamental rights.The court was hearing a man's plea seeking de-freezing...
'Preventive Detention Not Sustainable Upon Mere Suspicion': P&H High Court Quashes Detention Under PIT-NDPS Act
The Punjab and Haryana High Court has set aside a preventive detention order passed under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PIT NDPS Act), on several grounds including that unexplained and inordinate delay at multiple stages vitiated the detention.Justice Vinod S. Bhardwaj said, "Preventive detention would not be sustained upon a...
Contractual Employee Cannot Claim Protection Under Article 311; J&K&L High Court Upholds Termination Over Unsatisfactory Performance
The High Court of Jammu & Kashmir and Ladakh has held that a contractual employee engaged under the Ex-Servicemen Contributory Health Scheme (ECHS) cannot claim the constitutional protection available to holders of civil posts under Article 311 of the Constitution.The Court observed that where a contract expressly permits termination on account of unsatisfactory performance or lack...