The Farce of Banning Films Before Their Release By The Governments

Substantive morality of Constitution in the context of the right to freedom of speech and expression would mean fixing the ambit of this right with precision. The most important goal of constitutional morality, however, to quote, Sujit Chaudhary, Madhav Khosla and Pratap Bhanu Mehta is “to avoid revolution, to turn to constitutional methods for the resolution of claims.”[1] This constitutional morality of ‘form’ or ‘procedure’ is the condition precedent for a debate on substantive constitutional...

Unanswered Questions In Rajiv Gandhi Assassination, Writes Justice KT Thomas

I had been a member of the three - member Supreme Court bench along with Justice D P Wadhwa and Justice Syed Shah Mohammed Quadri which heard the appeal in the Rajiv Gandhi assassination case. Twenty six members of LTTE (Liberation Tigers of Tamil Elam), who were charged with the murder of the former Prime minister by the investigating agencies had been found guilty and sentenced to death by the trial court. The appeal we heard was filed by the convicted prisoners challenging the trial court’s...

CBI Court Sentences Former Chief Secretary To 5-Year Jail

A CBI special judge on Wednesday sentenced former chief secretary (CS) of Jharkhand Sajal Chakravarty to five-year imprisonment in a fodder scam case (RC 20A/96). The case is related to fraudulent withdrawal of around Rs 37 crores from Chaibasa district treasury in Jharkhand.CBI judge Sambhu Lal Shaw ordered five-year jail term for the former CS and imposed fine of Rs 4 lakh on him under...

Ryan Int’l Murder Case: P&H HC Gives Anticipatory Bail To Pintos With No Pointer Of Their Role So Far [Read Order]

With the CBI making important headway in the Pradyuman Thakur murder case, the Punjab and Haryana High Court has granted anticipatory bail to the owners of Ryan International School while observing that “in the investigation conducted so far, there is not even a pointer of involvement of petitioners in the crime in this case”.Justice Surinder Gupta granted anticipatory bail to...

To Achieve Speedy Disposal Of PILs, Bombay HC Distributes Different Categories Amongst Division Benches [Read Order[

In an unusual move, the Bombay High Court has decided to distribute different categories of public interest litigations amongst different division benches. While sitting lists were usually modified before or after every court vacation, this time PILs are categorized on specific issues and distributed to different benches.The notice dated November 16 states: It is noticed that in this High...

Kerala HC Directs To Exhibit The Film 'S DURGA’ In IFFI [Read Judgment]

The Kerala High Court has directed the organizers of International Film Festival of India to include and exhibit the film ‘ S Durga’, directed by Sanal Kumar Sashidharan in the Indian Panorama section of the Festival. Justice K. Vinod Chandran, the learned Single Judge who considered the matter, overruled the objections raised by the Ministry of Information and Broadcasting, and held that...

Allahabad High Court Building-Where Pan Spat And Filth Adorn A Victorian Structure

This week I got an opportunity to visit the legendary Allahabad High Court in connection with a case. The building from the outside stands majestic, neatly cured lawns, giant pillars, well representing the Victorian architecture. A closer look will tell you the frozen moments of time, filth and ugly shades, a reflection of present day judiciary. I spoke to many lawyers; all have good words about Justice Chandrachud. They said that he had brought many add-ons to the system – e courts, ladies’ bar...

Punjab & Haryana HC Rejects Sister’s Plea To Commute Death Sentence Of Balwant Singh Rajoana [Read Judgment]

The condemned prisoner knew about his rights to defend himself during the trial but he deliberately chose not to seek any legal help, the court said.The Punjab and Haryana High Court has rejected the plea of sister of Balwant Singh Rajoana, a death convict, seeking commutation of death sentence.Balwant Singh Rajoana, along with co-accused Jagtar Singh Hawara, was awarded death sentence by...

My Lords, The Emperor Has No Clothes!!!

You would have heard it earlier. An Emperor was fond of wearing new and fancy clothes. He always wanted the newest fashions. Two swindlers convince him that the clothes they are making are made of such fine fabric that it is invisible to anyone who is either unfit for his position or “hopelessly stupid”, and that only the most elevated people can see the clothes. The Emperor can’t see the clothes himself, but he can’t admit that. So he wears the clothes in the palace, and everyone bows down and...

A Minister Can’t Invoke Writ Jurisdiction Against His Own Govt Or Its Functionaries: Kerala HC [Read Judgment]

A division bench of the High Court of Kerala, comprising Justice PN Ravindran and Justice Devan Ramachandran, has held that a minister cannot invoke writ jurisdiction against his own government or its functionaries. The bench arrived at such a judicial analysis through two separate but concurring judgments. It observed that a minister, whilst holding such a position cannot invoke...

Security Concerns Are Often Cited To Defeat Minimum Humanitarian Morality: Dr. Ashwani Kumar, Former Law Minister Of India

Dr. Ashwani Kumar seems to have done it all! He is an eminent legal counsel, political activist, author, policy-maker, a Union cabinet minister, and recipient of Japanese civilian honour ‘Grand Cordon of the Order of the Rising Sun’. While his achievements are many, it is his selfless battle for ratification of the United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment that has inspired many. Besides, he is espousing the case of dignity of old...

Delhi HC Unites Child With Adoptive Parents In Germany [Read Judgment]

Bringing an end to the uncertainty surrounding a minor, who awaited a no-objection certificate from the Central Adoption Resource Authority to be able to unite with his adoptive parents in Germany, the Delhi High Court has directed that the same be issued to the adoptive parents in two weeks after which the minor be issued passport to travel to his new home.“Present petition is disposed of...