The Supreme Court of India has ruled that informing an accused of the grounds for their arrest is not a formality but a mandatory constitutional requirement. The court declared the arrest of Vihaan Kumar, who was accused of financial fraud, as unconstitutional and ordered his immediate release. The ruling emphasizes the importance of procedural safeguards in criminal law and highlights the fundamental rights of arrested individuals. The court also expressed disapproval of the police's treatment of Kumar, including handcuffing and chaining him while he was in the hospital.
Kumar, who played a key role in implementing decisions following the abrogation of Article 370 of the Constitution in Jammu and Kashmir during his stint in the Union home ministry, took charge as an election commissioner on March 15, 2024.
The Supreme Court of India has emphasized the importance of individual liberty, setting aside a Himachal Pradesh High Court order that cancelled bail for an accused in an attempt-to-murder case. The Supreme Court found no material to support the cancellation, stating that courts should be cautious about interfering with an individual's freedom.
The court also directed the state to pay a compensation of Rs 17 lakh to the family of the deceased doctor.
A special NIA court in Lucknow has sentenced 28 people to life imprisonment for the 2018 killing of a 22-year-old youth in clashes during a 'Tiranga rally' on Republic Day in Kasganj district of Uttar Pradesh. The case drew significant attention as the killing of Chandan Gupta sparked widespread riots in Kasganj for three days. The prosecution demanded the severest punishment while the defence counsel pleaded for leniency. The court awarded life sentences and imposed a fine of Rs 80,000 on each of the convicts. Gupta's family expressed satisfaction at the verdict but vowed to continue its fight for harsher penalties for the main accused and those acquitted.
What should be made out of the Madras high court order involving non-Hindus' entry into Hindu temples, when many non-Hindus are among the hundreds of thousands that have been worshipping at these temples for generations, asks N Sathiya Moorthy.
A bench comprising Justices J B Pardiwala and R Mahadevan said, "He (the governor) seems to have adopted his own procedure. He says, 'I withhold assent, but I will not ask you to reconsider the bill'. It does not make sense to keep withholding assent and not send it to the legislature, thereby frustrating the provision of Article 200."
Luis Rubiales told a court on Tuesday that player Jenni Hermoso had given her consent for him kiss her in the aftermath of the Spain women's World Cup victory in 2023.
Delhi University (DU) has informed the Delhi High Court that it is willing to show its records on Prime Minister Narendra Modi's degree to the court, but not disclose it to "strangers" under the Right to Information (RTI) Act. The university's solicitor general, Tushar Mehta, argued that the "right to privacy" superseded the "right to know" in this case, and that allowing disclosure would expose the university to RTI applications for information about lakhs of its students. The court has reserved its verdict on the matter.
The capital punishment handed to Indian nurse Nimisha Priya by a Yemeni court has not been ratified by President Rashad al-Alimi, the West Asian nation's embassy said on Monday.
The Supreme Court of India has ordered the burial of a pastor whose body has been lying in a mortuary since January 7th, after a dispute arose regarding the location of his burial. The court issued a split verdict, with one judge ruling for burial on the family's private land and the other for a designated place away from the village. The decision was made due to the prolonged delay in the burial and the potential for unrest. The court ordered the state government to provide security to prevent any further incidents.
Former Congress MP Sajjan Kumar now faces a maximum of death penalty and a minimum of life term in prison after being convicted on Wednesday by a Delhi court in a murder case stemming from 1984 anti-Sikh riots.
The Supreme Court on Friday deferred the question of Aligarh Muslim University's minority status to a fresh bench and overruled the 1967 judgment that said the university cannot be considered a minority institution since it was created by a central law.
Additional sessions judge A A Jadhav of the special court for cases under the Unlawful Activities (Prevention) Act is likely to pronounce the judgement on Friday, said special public prosecutor Prakash Suryawanshi.
The West Bengal government has sought permission from the Calcutta High Court to appeal against the Sealdah court order that sentenced Sanjay Roy to life imprisonment until death in the RG Kar hospital doctor's rape and murder case. The state government is seeking the death penalty for Roy, the sole convict in the case, and has expressed dissatisfaction with the Sealdah court's verdict, which did not consider the crime "rarest of the rare." The court also ordered Roy to pay a Rs 50,000 fine and directed the state government to pay compensation of Rs 17 lakh to the family of the deceased doctor.
The views came in the wake of Vice President Jagdeep Dhankhar wondering on Friday that how could the CJI, even by "statutory prescription", get involved in executive appointments such as that of Central Bureau of Investigation director, and said it was time to "revisit" such norms.
'The IOA has no jurisdiction over the conduct of elections for NSFs, yet this order has been issued in a manner that clearly questions its intent.'
Congress leader Rahul Gandhi has criticized the government's decision to appoint Gyanesh Kumar as the new Chief Election Commissioner (CEC) in the middle of the night, arguing that it is "disrespectful" and "discourteous" given the ongoing Supreme Court challenge to the selection process. Gandhi presented a dissent note to the selection committee, stating that the process violates the Supreme Court order and undermines the integrity of the electoral process.
The Meerut Conspiracy Case was aimed at curbing communist influence in India. However, it fueled nationwide sympathy, shaping the course of leftist politics in the country.
The Court of Arbitration for Sport (CAS) has ruled that athletes will have to ensure that they remain below their weight limit and no exception can be provided under any circumstance
She also pointed out that the poor from villages are afraid to go to court.
Senior advocate S Muralidhar, appearing for the petitioner on whose plea the verdict was delivered, said a prayer in the application sought non-hinderance to the exercise of the NCRB data collection by the direction of caste reference removal from the registers.
'While suppression of information is acceptable for the government, the Opposition's efforts at pinning the government and its leaders is labeled anti-national,' points out Nilanjan Mukhopadhyay.
'Will the LG be ready to rule with a light hand, having been vested with powers that amount to using a hammer to kill a fly?' asks Aditi Phadnis.
The Supreme Court of India has ruled that religious conversions undertaken solely to avail reservation benefits without genuine belief in the adopted religion amount to "fraud on the Constitution". The court upheld a Madras High Court decision denying a scheduled caste certificate to a woman who converted to Christianity but later claimed to be a Hindu to secure employment benefits.
The high-octane campaigning for the February 5 Delhi Assembly elections concluded at 6 pm on Monday, with big guns from all three major parties holding roadshows, public meetings, padayatras and bike rallies in a final push to sway voters. The Aam Aadmi Party remains confident of securing a third consecutive term, highlighting its governance record and welfare schemes. The Bharatiya Janata Party (BJP), aiming to reclaim power in Delhi after more than 25 years, held 22 roadshows and rallies across the city. The Congress, seeking a revival after failing to win any seats in the last two elections, also intensified its efforts. The election battle has seen sharp political exchanges, with AI-generated spoofs, catchy slogans, and roadshows dominating the discourse. The outcome of this fiercely contested election will determine whether the AAP continues its dominance, the BJP breaks its losing streak, or Congress makes a surprising comeback. The final verdict will be revealed on February 8, as Delhi awaits the results of what has been one of its most high-stakes electoral battles.
Besides launching initiatives for technological, administrative and infrastructural improvement, Chandrachud, like his illustrious father Y V Chandrachud, who was the Chief Justice of India for the longest time from February 22, 1978 to July 11, 1985, kept delivering significant verdicts in the last one year.
The Supreme Court of India has dismissed petitions challenging the 1976 amendment to the Constitution that added the terms "socialist", "secular", and "integrity" to the Preamble. The court ruled that the inclusion of these terms, made through amendments, is valid and does not affect the original adoption of the Constitution in 1949.
Vice President Jagdeep Dhankhar has questioned the Chief Justice of India's involvement in executive appointments, specifically citing the selection of the CBI director. He believes this practice undermines democratic principles and calls for revisiting the existing norms. Dhankhar also raised concerns about the "doctrine of basic structure", suggesting it has a debatable jurisprudential basis. He emphasized the importance of each institution operating within its constitutional boundaries and highlighted the need for coordinated autonomy. The vice president also discussed the need for a balanced approach to judicial review and the importance of judges focusing on judgments rather than other forms of expression. He stressed the need to revisit the current state of affairs to restore the judiciary's sublimity.
The Delhi assembly results have underscored that a section of Arvind Kejriwal's committed supporters abandoned him because they were let down by his refusal to take a stand on crucial issues that impinge on the security and Constitutionally enshrined rights of the people, notes Nilanjan Mukhopadhyay.
'King Bumrah has taken the mantle now. Kohli looks dejected, and this was a crucial knock for him. He has come up short yet again.'
Justice BV Nagarathna also partially agreed with the majority verdict but criticised the CJI's views on Justice Iyer's judicial approach in dealing with "material resources" and state's power over them.
In a statement issued on Friday, CAS further said the Sole Arbitrator's decision is expected to be issued before the end of the Olympic Games.
West Bengal Chief Minister Mamata Banerjee slammed the Sealdah court's decision to award life imprisonment till death to Sanjay Roy, the sole convict in the rape-murder of an on-duty doctor at the state-run RG Kar Medical College and Hospital in Kolkata. Banerjee said the incident was a "rare, heinous and sensitive crime" and she has been seeking capital punishment for Roy. She said the state government would challenge the verdict and move Calcutta High Court, which has granted permission to file an appeal against the Sealdah court order.
'Residence-based reservation in PG medical courses is violative of Article 14 of the Constitution.'
The Supreme Court of India has expressed concern over the protracted trials in heinous offences related to Maoist activities, stating that indefinite incarceration violates the right to liberty under Article 21 of the Constitution. Two separate benches of the court granted relief to two accused, citing the delayed trials. One bench expedited the trial of a man accused of transporting ammunition for a banned organization, while the other granted bail to a man accused of transporting materials for Naxal activities. The court emphasized the importance of speedy trials and suggested the establishment of special courts to handle Maoist-related cases, aiming to expedite proceedings. The court also criticized the practice of examining an excessive number of witnesses, which can lead to indefinite delays in the conclusion of trials.
A two-judge bench of the top court in 1981 questioned the correctness of the 1967 verdict holding Aligarh Muslim University not to be a minority institution since it was created by a central law and referred the issue to a larger bench for decision.
The judge further underlined that the minorities of the country had not only joined the mainstream but also were an important facet of it.
Shinde said he would give a detailed reaction after the order but maintained that the Election Commission has allowed his outfit to keep the name 'Shiv Sena' and its 'bow and arrow' symbol.
A Kolkata court will pronounce the sentence on Monday for Sanjay Roy, convicted of raping and murdering an on-duty doctor at the state-run R G Kar Medical College and Hospital. Roy, a former civic volunteer with the Kolkata Police, was found guilty of sexually assaulting the doctor and throttling her to death. The judge will also address questions raised by the victim's father and criticize some activities of the police and hospital authorities.
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