A person cannot be incarcerated for an indefinite period of time pending trial as it is violative of the fundamental rights enshrined in the Constitution of India, the Bombay high court said while granting bail to a man, accused in a double murder case.
The Bombay high court has said Congress leader Rahul Gandhi has a legitimate right for an expeditious decision on merits over a 2014 defamation complaint for his alleged remarks against the Rashtriya Swayamsevak Sangh.
The Delhi High Court dismissed appeals by the sons of Hizbul Mujahideen chief Syed Salahuddin and others, challenging the framing of charges against them in terror funding cases, citing the interlocutory nature of the order.
It termed the protest against the Armed Forces (Special Powers)\n\nAct, 1958, as an 'emotional outburst'.\n\n
The bench said that multiple local factors made it difficult for the top court to "frame uniform or standard guideline for trial courts across the length and breadth of this country" and it left the issue of ensuring speedy trial to the high courts as they have the power of superintendence over the trial courts.
The Supreme Court on Wednesday agreed to hear a public interest litigation filed by a former woman IAS officer seeking directions to the government to ensure safety of women and for conduct of fast-track court proceedings in all rape cases.
Nitish thought that his stakes as chief minister were far greater than his stakes in protecting one of his party MLAs. He could not allow his rule-of-law train to be derailed by a small rock on the track. On the contrary, if he removed it to keep the train moving at a steady speed he would gain strong public admiration and sympathy that would help him take the masses along in carrying out other tasks. A fascinating excerpt from Arun Sinha's Nitish Kumar And The Rise Of Bihar.
The Delhi High Court has ruled that an undertrial's prolonged incarceration cannot be a reason to grant bail in terrorism cases, emphasizing the gravity of such offenses and their potential to destabilize the nation. The court denied bail to separatist leader Nayeem Ahmad Khan in a terror-funding case involving Lashkar-e-Taiba (LeT) and 26/11 Mumbai attack mastermind Hafiz Saeed. The court considered the accused's argument regarding a prolonged trial and his right to liberty but emphasized that the serious nature of the crime, with its potential to disrupt national unity and create fear among the public, outweighs the length of incarceration. Khan, who was arrested in 2017, has been accused of conspiring for secession of Jammu and Kashmir through terrorist activities, receiving funding from Pakistan, and organizing anti-India rallies and demonstrations. The court highlighted the evidence, including witness statements and documents, supporting the accusations against Khan.
'If my daughter was admitted in time and her treatment started soon, she could have been saved.'
The Delhi high court granted bail to alleged middleman Christian Michel James in the Rs 3,600-crore AgustaWestland money laundering case on Tuesday. Justice Swarana Kanta Sharma, while granting the reprieve to James, said it was an "exceptional situation" where the accused was in custody for over 6.2 years but the trial had not yet commenced due to incomplete investigation. James, who was extradited from Dubai in December 2018, can now walk out of prison subject to compliance with the conditions.
According to Tirupati district superintendent of police L Subbarayudu, Nagaraju (24), who is the victim's maternal uncle, lured the girl to a secluded place in AM Puram village by offering her snacks on Friday evening and committed the crime.
The bench said it would be a travesty of justice to relegate Sisodia to the trial court for seeking bail in these cases.
Stressing the need for better provisions to ensure speedy trial in cases of rape and terrorism, External Affairs Minister Salman Khurshid on Saturday said there cannot be street trials of perpetrators as it is against the basic principles of Constitution.
The principal of a college in Odisha was arrested after a student set herself ablaze following alleged sexual harassment. The incident has sparked protests and political tensions in the state.
The Supreme Court on Monday cleared the decks for the trial of senior Congress leader Sajjan Kumar in the 1984-anti Sikh riots by dismissing his plea for quashing criminal cases filed by the CBI.
A Delhi court on Wednesday convicted four people for the murder of television journalist Soumya Vishwanathan, who was shot dead 15 years ago while she was returning home from work.
The high court, however, directed the trial court concerned to conclude its trial in the case by taking up hearing at least twice a week, noting that the accused have been behind bars since 2008.
"People of India are nice. I don't blame the people, but I blame the criminals. People of India have treated me very well, and were very kind to me," she said.
Courts must not play coroner but doctors to save legal or Constitutional rights from demise before they are extinguished, the Delhi High Court said on Wednesday while granting bail to a UAPA accused who was in custody for more than 12 years as an undertrial in a bomb blast case.
The apex court rejected the preliminary objection raised by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) that Aam Aadmi Party leader Manish Sisodia cannot be permitted to file second set of special leave petitions to challenge the Delhi high court's May 21 verdict which denied him bail in the excise policy cases.
The government has already set up a special court for speedy trials of all government officials arrested for accepting bribe.
In a relief to former Aam Aadmi Party communication in-charge Vijay Nair, the Supreme Court on Monday granted him bail after nearly 23 months of incarceration in a money laundering case stemming from the alleged Delhi excise policy scam, observing that liberty is 'sacrosanct' and needs to be respected in cases involving even stringent laws.
She alleges that Shami demanded dowry and was involved in extra-marital affairs during BCCI tours.
The Supreme Court of India expressed concern about the "criminalization of politics" and questioned how convicted individuals can return to Parliament. The court sought the assistance of the attorney general on this issue, highlighting the apparent conflict of interest and the need for clarity on the Representation of People Act's provisions. The court also raised concerns about the slow pace of trials against lawmakers, with a significant number of cases pending. The issue has been referred to a larger bench for consideration.
After Rocky was arrested by police on early Tuesday, Aditya's mother Chanda, told rediff.com that she wants justice.
Impressed with the success of 'speedy trial' of criminals to control crime in Bihar, neighbouring Uttar Pradesh police is set to study it to adopt the concept soon, officials said on Thursday.
Sandeep Lamichhane has been taken into police custody following rape accusation
Shraddha's father also demanded the case be fast-tracked and Poonawala hanged.
'Notwithstanding the seriousness of the allegations made, every accused had a right to a speedy trial and the court had to take into account long periods of incarceration without trial as an additional consideration for grant of bail.'
The victim's father said he was being coerced by two of the villagers to withdraw the case and being threatened his son would be kidnapped otherwise.
'Even if we have laws in place, which we must, we need a societal change.' 'Rather than telling our daughters that, "Listen, leave your house at so and so time, come back by so and so time," we must tell the men and boys that "Whatever point of time you encounter a woman in public space or wherever, you treat her with respect, dignity, and as an equal participant in these public spaces".'
The Supreme Court on Friday agreed to hear an appeal of the Gyanvapi management committee against an Allahabad High Court order which held that lawsuits for "restoration" of a temple where the mosque stands in Varanasi are maintainable.
Succumbing to the demands of a radical Islamist party, the Pakistan government has agreed to try blasphemy suspects under terrorism charges in addition to the other sections of the country's penal code.
Fiona Mackeown, mother of British teenager Scarlett Eden Keeling, who was found dead on Anjuna beach six years ago, has accused the erstwhile Congress government of "hushing up" the case and demanded speedy justice for her daughter.
"Convict him or acquit him," an anguished Supreme Court observed on non-framing of charges on an accused jailed for 11 years over serial blasts in multiple Rajdhani Express and other trains in 1993.
After initial reservations, Pakistan's political leaders on Friday agreed to amend the constitution to set up military courts for speedy trial of terrorists in the aftermath of the deadly Peshawar school attack.
Rajasthan Congress chief Govind Singh Dotasra on Tuesday announced a financial assistance of Rs 20 lakh to the family of a nine-year-old Dalit boy who died after being beaten up by his teacher in Jalore district.
The CBI's failure to file a chargesheet within the mandated 90 days has resulted in bail being granted to two key suspects in the rape-murder case of an on-duty medic at RG Kar Hospital in Kolkata. This comes just days after the West Bengal Police secured capital punishment for a convict in a similar crime against a minor. The delay in justice has sparked outrage, particularly among the victim's family and junior doctors who are demanding accountability.
'Obviously, this has been done to give an exit route to some accused.'
There is no proposal to set up special courts for trial of rape cases, but states are being impressed upon to probe such crimes more efficiently by deputing best officers, Home Minister P Chidambaram said on Wednesday.
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