CBI Can't Justify Arvind Kejriwal's Arrest On His 'Evasive Replies'; Accused Has Right To Remain Silent : Justice Ujjal Bhuyan

No adverse inference can be drawn from the silence of the accused.

High Court Shouldn't Send Accused To Trial Court For Bail After Hearing At Length : Supreme Court In Arvind Kejriwal Case

The Court also observed that there is no straightjacket formula that only the trial court can consider bail once the chargesheet is filed.

'CBI Shouldn't Be A Caged Parrot' : Justice Ujjal Bhuyan Says CBI Arrest Of Arvind Kejriwal Was Unjustified

Authoring a separate, concurring opinion granting bail to Delhi CM Arvind Kejriwal in the CBI case registered over the alleged liquor policy scam, Justice Bhuyan of the Supreme Court lambasted the CBI, saying that as a premier investigating agency of the country, it should not be perceived as making arrests in a high-handed manner. Rather, it should be seen as an uncaged parrot and make...

Supreme Court Grants Bail To Delhi CM Arvind Kejriwal In CBI Case

The Supreme Court today granted bail to Delhi Chief Minister Arvind Kejriwal in connection with the Central Bureau of Investigation (CBI) FIR registered in the Delhi liquor policy case.A bench of Justices Surya Kant and Ujjal Bhuyan pronounced verdict on two petitions filed by the Aam Aadmi party chief challenging his arrest and seeking bail in the CBI case. It had heard the matter and...

Arbitration | Application To Extend Time To Pass Arbitral Award Maintainable Even After Expiry Of Period Under S.29A(4) : Supreme Court

In an important ruling concerning the Arbitration and Conciliation Act, the Supreme Court today held that an application for extending the time for passing of an arbitral award can be filed even after the expiry of the twelve-month or the extended six-month period.“we hold that an application for extension of the time period for passing an arbitral award under Section 29A (4) read with...

Supreme Court Quashes NGT Order To Shut Down Garbage Plant In Pune; Directs PMC To Address Foul Odour Concerns

The Supreme Court today (September 12) quashed the National Green Tribunal's order to shut down a Garbage Processing Plant (GPP) in Baner, Pune observing that shutting it down will be detrimental to public interest.“we find that the closure of the GPP in question rather than subserving the public interest, would be detrimental to public interest. If the GPP in question is closed, the...

Alleged Involvement In Crime No Ground To Demolish Legally Constructed Property, Such Demolitions Against Rule Of Law: Supreme Court

The Supreme Court today observed that alleged involvement in a crime is no ground for demolishing a legally constructed property, and the Court cannot ignore such demolition threats in a nation governed by the rule of law.“In a country where actions of the State are governed by the rule of law, the transgression by a family member cannot invite action against other members of the family...

Each Day's Delay Matters In Cases Of Personal Liberty;Representation Against Preventive Detention Must Be Decided Soon : Supreme Court

Today, the Supreme Court quashed the preventive detention of a person on account of a delay of 9 months by the jail authorities in communicating the representation of the detenu and also the non-supply of relevant materials. The Court has ordered his release from detention.In this case, the jail authorities had sent the representation of the detenu through ordinary post, which was...

'Choking Docket Of Court' : Supreme Court Imposes 1 Lakh Cost On Man For Repeated Litigations To Change Birth Date In Service Records

The Supreme Court recently imposed a cost of Rs.1 lakh on an engineer who initiated multiple cases before different forums seeking change in date of birth recorded in his service records. It was remarked that the petitioner had been "flogging a dead horse" and these type of cases choke the dockets of the court. "Such type of litigation is choking the dockets of the Court as the claim of...

Supreme Court Sets Aside HC Condition That Accused Who Got Bail Can Furnish Bail Bonds Only After Spending 6 Months In Custody

Reiterating that the pre-trial process itself shall not become punishment, the Supreme Court yesterday set aside a bail condition imposed by the Patna High Court to the effect that the bail bonds be furnished by the accused after completion of 6 months in custody from the date of the order. The condition in effect put on hold the implementation of the bail order for six months."We see no...

S.319 CrPC | Order To Summon Additional Accused Passed After Acquittal/Conviction Of Co-Accused Is Unsustainable: Supreme Court

The Supreme Court recently quashed an order under Section 319 of the CrPC summoning a man for a murder trial after the trial of the original accused persons had already concluded.Section 319 of the CrPC grants the trial court the power to summon any person, not being an accused, to face trial if it appears from the evidence collected during the trial that such a person is also involved in...

Witness Who Made Self-Incriminating Statements Can Be Summoned As Additional Accused Based On Other Materials: Supreme Court

The Supreme Court held that a witness who gives an incriminating statement cannot take a shield under proviso of Section 132 of the Evidence Act (“IEA”) to claim immunity from prosecution if there exists other substantial evidence or material against him proving his prima facie involvement in the crime.The Court stated : "We hold that the qualified privilege under the proviso to Section...