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Cop violates Arnesh Kumar guidelines, Delhi HC send him to jail for a day Personal liberty can only be curtailed as per procedure established in law

The Delhi High Court sentenced a police officer to 1-day imprisonment as he had arrested a man in defiance of the guidelines laid by the Supreme Court in Arnesh Kumar v. State of Bihar. The man arrested was detained for 11 days before bail could be granted to him. The case against the man was…

CJP proudly presents Justice Hosbet Suresh Archives A collection of his fact-finding reports and writings from his post-retirement human rights work

Justice Hosbet Suresh, legal luminary and a stalwart of human rights jurisprudence, continues to live on in not just our hearts, but also his work, particularly that from his post-retirement years. He provided a voice to the voiceless through a series of fact-finding missions, people’s tribunals and public hearings, enabling even the oppressed and exploited…

Prosecution Law is misused in India

कोविड-१९ आणि भारताचे सर्वोच्च न्यायालय सर्वसामान्य परिस्थितीत अर्थातच राज्यघटना खूप महत्त्वाची असते, पण एखाद्या संकट काळातच राज्यघटना आणि तिची अंमलबजावणी करणारी यंत्रणा यांच्या खऱ्या कसोटीचा काळ असतो. म्हणूनच, सध्याच्या परिस्थितीत सर्वोच्च न्यायालयाचे अपयश हे आणखीच चिंताजनक आहे

हा लेख व्हिडिओ कॉन्फरन्सिंगद्वारे सुनावणीच्या कार्यक्षमतेबद्दल किंवा या लॉकडाऊनच्या काळात किती न्यायाधीशांनी किंवा कितीवेळा सुनावणी घ्यावी याबद्दल नाही. कोविड-१९ संदर्भात दाखल केलेल्या विविध याचिका उच्च न्यायालयांनी आणि विशेषतः सर्वोच्च न्यायालयाने कशाप्रकारे हाताळल्या आहेत आणि आपल्या न्यायालयांनी, विशेषतः सर्वोच्च न्यायालयाने राज्यघटना आणि भारतीय जनता यांचा कशा प्रकारे अपेक्षाभंग केला आहे याविषयी आहे. मी दोन गोष्टी अगदी…

Justice Hosbet Suresh: His voice, his conscience Indian Express

All his life, Justice Suresh believed and practiced tenets of equity and fairness. Will Justice Hosbet Suresh, who passed away on June 11, be remembered as one in whose mind the constitutional pledge to every Indian was uppermost? Will he be remembered for the trendsetting jurisprudence set in the Sharad Rao v/s Subhash Desai judgement…

Remembering Justice Suresh: His voice was his conscience Activists and lawyers hold condolence meeting remembering Justice Hosbet Suresh’s life and work

On Thursday, June 11, 2020, India lost one of its brightest legal minds and an exemplary defender of human rights, Justice Hosbet Suresh (retd). The former judge of the Bombay High Court, Justice Suresh, continued to play a stellar role in standing up for the people of India even after retirement in 1991. He was…

Former Bombay HC judge Hosbet Suresh no more The legal luminary continued to be at the forefront of the human rights movement in India for 28 years after retirement!

Justice Hosbet Suresh (retd), who had set new standards for human rights jurisprudence in the country with his unwavering commitment to justice for all, passed away on June 11, 2020. The beloved former judge of the Bombay High Court was best known for being part of several key Public Commissions and Tribunals post retirement, investigating…

संकट के इस दौर में सुप्रीम कोर्ट कहां है? संकट काल में संविधान और उसे लागू करने के तरीके कसौटी पर कसे जाते हैं. इसीलिए मौजूदा वक्त में सुप्रीम कोर्ट की नाकामी बड़े ही साफ तौर पर उभर आई है.

यह आलेख इस बारे में नहीं है कि वीडियो कॉन्फ्रेंसिंग के जरिये अदालत की सुनवाई कितनी कारगर है. यह इस बारे में भी नहीं है कि वीडियो कॉन्फ्रेंसिंग में कितने जजों को बैठना चाहिए. इस आलेख में इस बात पर चर्चा करेंगे कि देश की ऊंची अदालतों खास कर सुप्रीम कोर्ट ने कोविड-19 को लेकर…

COVID19: Significant judgments of Indian High Courts (Part 1) A look at the high court decisions on the many issues linked to COVID19

While coronavirus has been wreaking havoc in public life, it has caused some stirs in the judiciary as well. With courts shifting to virtual hearings and taking up urgent matters only, the nation witnessed many significant judgments coming from courts, on issues relating to COVID19. For instance, issues like management of hospitals, amenities to migrants,…

SC Extends Power To Grant Anticipatory Bail

COVID19: Ten most significant decisions of the Supreme Court of India March 23- May 28, 2020

Here we have a look at how the Supreme Court has dealt with crucial issues relating to the fundamental right to life and dignity, to health care and accountability from the government during the Covid 19 pandemic driven lockdown. In RE: Contagion of Covid 19 Virus in Prisons [SUO MOTU WRIT PETITION (C) NO. 1/2020]…

COVID-19 and the Indian Supreme Court It is in times of crisis that the Constitution and the mechanisms to enforce it, are tested. The SC's failure is just starker amidst the current crisis.

This article is not about the efficacy of the video conferencing hearings or about how many or often judges should sit for hearings during this lockdown. It is about how, the Higher Courts and especially the Supreme Court, have dealt with the various Petitions filed concerning COVID 19 and how our Courts, especially the Supreme…

Justice Done, Delhi HC Reads into evidence of ‘hostile witnesses’, convicts husband on charges of dowry driven murder Delhi High Court's judgment analysed

Judgment Primer: New precedent for cases with hostile witnesses Salek Ram Vs. State of NCT Delhi and ors. High Court of Delhi at New Delhi: Justice G.S.Sistani And Justice Chander Shekhar Date of judgment (pronounced): Nov ember 20, 2019 Delivered by: Justice G.S.Sistani Introduction: Witness turning hostile is the biggest nightmare for the prosecution of…

A look at how Foreigners’ Tribunals have fared since 2015 Observations made by the bench of the Guwahati HC monitoring Foreigners Tribunals in Assam, 2015-2019

A Guwahati High Court bench, which has been holding hearings since March 2015 under the directions of the Supreme Court, has been monitoring and continues to monitor the functioning of the existing Foreigners Tribunals in Assam. During the past 4 years many things have come to light with respect to the hurdles in the day…

Assam: The Curious Case of Phuljan Nessa Declared foreigner Phuljan Nessa’s name appeared in the final draft of the NRC. How did this happen?

Phuljan Nessa, resident of Samaguri in Nagaon district of Assam was declared a foreigner by the Foreigners Tribunal in October 2017, yet her name was included in the final draft of the NRC. NRC issued a clarification on their Facebook page without accepting the blunder. The Gauhati High Court, while entertaining a Writ petition against…

Justice Thipsay on the Indian judiciary, Justice Loya and Sohrabuddin Netizens for Democracy

Retired Judge of Bombay High Court, Justice Abhay Thipsay, renowned for his exceptional judgments that have always favored the powerless, speaks to CJP on the sidelines of the Netizens for Democracy event. Among other things, he touches upon the mysterious death of Justice Loya and the travesty of justice that was the Sohrabuddin case.  …

Judgments and Orders that Empowered Citizens in 2018 Decisions by Indian courts that helped strengthen Human Rights

2018 was an important year in the courts for several key human rights issues. Here is the annual round up of 12 such judgments that helped deliver justice and set right several historical wrongs. SC respects Hadiya’s choice On March 8, 2018, the Supreme Court set aside a Kerala High Court judgment that had annulled…

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