Oscar Wilde's Moment Of Redemption By SC In Sec.377 Judgment

The literary genius was labelled a ‘sex pervert’ by a 1976 SC judgment.Oscar Wilde, famous English writer and champion of individualism, was unfortunately branded a ‘sex pervert’ by the Supreme Court in a 1976 judgment. It was the judgment in R K Agarwal v State of Orissa AIR 1976 SC 1774, where the Supreme Court was dealing with an appeal filed by a 70 year old man convicted under Section 376 IPC for rape of a 6 year old girl. While rejecting his prayer for reduction of sentence in...

“Civilization Has Been Brutal”: Navtej Johar, Section 377, And The Supreme Court’s Moment Of Atonement

Last year, in Justice K.S. Puttaswamy v Union of India, the Supreme Court did a remarkable thing. While declaring that privacy was a fundamental right under the Indian Constitution, five out of nine judges also noted that the Court’s 2013 judgment in Suresh Kumar Koushal v Naz Foundation (an entirely unconnected proceeding) had been wrongly decided. In Koushal, the constitutionality of Section 377 of the Indian Penal Code – that criminalised “carnal intercourse against the order of nature” – had...

BCI Directs All Bar Associations To Hold Nationwide Demonstration In October For Insurance, Pension Etc, & Lawyers’ Right To Strike

The Bar Council of India (BCI) has called on the Bar Associations throughout the country to participate in a nationwide demonstration to be held some time in October this year, to protest against issues ranging from their right to call for strikes and their demand for insurance, medi-claim, pension, stipend and other welfare measures for lawyers.To this end, it has directed every Bar...

BREAKING: SC Strikes Down 157 Year Old Law Criminalizing Consensual Homo-Sexual Acts Between Adults; Holds Section 377 IPC Unconstitutional To That Extent [Read Judgment]

In a landmark Judgment Supreme Court of India has struck down 157 year old law which criminalizes consensual homo sexual acts between adults. The Five Judge Bench has declared Section 377 IPC unconstitutional, insofar as it criminalises consensual sexual acts of adults in private.Chief Justice Dipak Misra said it is a unanimous verdict expressed through four separate but...

No State Sponsored Functions Should Be Held During Vasundhara Raje’s Gaurav Yatra: Rajasthan High Court [Read Judgment]

The Rajasthan High Court on Wednesday directed the Vasundhara Raje government to abstain from conducting State sponsored functions during the ongoing Gaurav Yatra.The Bench comprising Chief Justice Pradeep Nandrajog and Justice GR Moolchandani ordered, “…we declare that henceforth no public functions sponsored and financed by the State would be held during the road-shows i.e. Gaurav Yatra...

U’khand HC Dismisses “Contempt Petition” Against Sitting Judge As Not Maintainable, Unhappy With AG’s Opinion [Read Judgment]

Holding that contempt proceedings cannot be initiated against a Judge of Court of Record, on allegations of committing a contempt of his own Court, the Uttarakhand High Court has dismissed as not maintainable the criminal contempt petition moved by an advocate against Justice Lok Pal Singh for allegedly losing his temper and using intemperate language against the petitioner in open...

Bhima Koregaon: PIL In Bombay HC Seeks Contempt Action Against ADG For Disclosing Case Details At Press Meet

A public interest litigation (PIL) has been filed before the Bombay High Court by one Sanjay Bhalerao seeking contempt action against Additional Director General of Police (ADG) (Law & Order) Param Bir Singh and other officers, including the DGP of Maharashtra, for disclosing confidential details about the investigation in Bhima Koregaon violence before the public at a press meet on...

Magisterial Lapses : When Remand Requests Are Blindly Rubber Stamped

Two recent cases of glaring magisterial lapses deserve discussion.The recent case of Lois Sofia is disturbing. Sofia, a 28 year old student, was remanded to 15 days judicial custody for raising anti-BJP slogans in the presence of TN BJP Chief Tamilisai Soundarajan, while de-boarding an aircraft. Her arrest and subsequent remand happened in the FIR registered on the basis of Soundarajan's complaint.Last week, a Magistrate in Delhi authorised Maharashtra police to take Gautham Navlakha to Pune,...

A Tribute To Senior Advocate Yashank Adhyaru By Dushyant Dave

Mr. Yashank Adhyaru Sr. Advocate passed away at rather young age fighting multiple challenges. He was hospitalized for last over four weeks due to serious breathing issues on account of a severe chest infection.He was a very able and dedicated Lawyer with over thirty years of practice starting from the Gujarat High Court in Ahmedabad and then for last two decades in The Supreme Court. He worked in the chamber of Mr.Kapil Sibal for few years, who in fact encouraged him to shift to Delhi from...

Bhima Koregaon Violence: Bombay HC Questions Police On Holding Of Press Meet Over Sub-Judice Matter [Read Petition]

The Bombay High Court on Monday questioned the Maharashtra police for conducting a press conference to discuss the arrest of activists in relation to the Bhima Koregaon violence.A division bench of Justice Mridula Bhatkar and Justice Sandeep Shinde was hearing a criminal writ petition filed by one Satish Sugriv Gaikwad who claims to be a victim of the violence that took place on January...

Patna HC Stays Defamation Proceedings Against Juggernaut Books For Book On Baba Ramdev [Read Order]

The Patna High Court has stayed the defamation proceedings filed against Juggernaut Books Pvt. Ltd. over publication of the controversial book, "Godman to Tycoon: The Untold Story of Baba Ramdev".The order was issued by Justice Ashwani Kumar, who stayed the ongoing proceedings before the court of Additional Chief Judicial Magistrate-II, Hajipur, Vaishali, initiated on the basis of a...

Phone-Tapping And Recording Of A Phone Conversation By A Private Party: Issues Relating To Legality And Admissibility

“Who are you? Why do you hide in the darkness and listen to my private thoughts?” [1]Is Privacy history? The sheer number of court trials where a telephone recording is sought to be used by either party as evidence, suggest that private thoughts are not private anymore. Use of such recordings in court cases has risen enormously in the recent past. In this background, the Authors examine the very legality of the act of recording of a phone conversation by a private party to the conversation,...