SC upholds Army’s “command and exit policy”, giving priority to infantry and artillery officers in promotions [Read Judgment]

A Division Bench of the Supreme Court on Monday upheld the Indian Army's 2009 “command and exit policy” allowing preferential promotion for officers serving in the command unit. The Bench, comprising Chief Justice of India T.S. Thakur and Justice Kurian Joseph also directed the Government to create 141 additional vacancies for promotion of combat unit officers.The Court was hearing...

Blow to RTI ; SC dismisses Plea for maintaining records of Reserved Judgments [Read Order]

Supreme Court of India Today dismissed an Appeal filed by RTI activist Mr. Lokesh Batra challenging an order of Delhi High Court which ruled that the Supreme Court Registrar cannot be directed under the RTI Act to maintain records relating to period for which judgments remain pending after being reserved.Mr. Prashant Bhushan submitted before the Supreme Court that if this petition is...

Law of Terrorism Vis-a-Vis Terrorism of Law

“An avidity to punish is always dangerous to liberty. It leads men to stretch, to misinterpret, and to misapply even the best of laws. He that would make his own liberty secure must guard even his enemy from oppression; for if he violates this duty he establishes a precedent that will reach to himself.”__Thomas Paine (On First Principles of Government, 1795) 1. IntroductionIt is...

15 Facts Everyone should know about Indian Sedition Law

1. Section 124A in Chapter VI of Indian Penal Code deals with the Offence ‘Sedition’. Chapter VI deals with ‘Offences against the State'.2. The word ‘Sedition’ is not mentioned in 124A. The Section reads as follows;124-A. Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites...

Justice Rajiv Shakdher, Loss for Delhi, Gain for Madras? [Updated]

Transfer of Justice Rajiv Shakdher of Delhi High Court has invited strong reactions from the members of the legal community. Many senior lawyers and former Judges feel that the decision of the Supreme Court collegium in transferring Justice Rajiv Shakdher to Madras High Court is unjustified. Justice Shakdher is well known for his integrity, boldness and hard work. He joined Bench of Delhi...

Office of MLA cannot be termed as “Occupation” under Art. 19(1)(g) of the Constitution of India; SC [Read Judgment]

A two Judge Bench of Supreme Court today observed that the term ‘occupation’ under Article 19(1)(g) does not include the office of a Member of Legislative Assembly (MLA). The Bench comprising of Justices J.Chelameswar and Abhay Manohar Sapre made the above observation while disposing a writ petition filed by Six DMDK MLAs challenging a resolution passed by Tamil Nadu Legislative...

Privilege Committee cannot violate Principles of Natural Justice, SC quashes TN Assembly Resolution suspending DMDK MLAs for Breach of Privilege [Read Judgment]

A two Judge Bench of Supreme Court Today quashed a resolution passed by Tamil Nadu Legislative Assembly suspending DMDK MLAs for breach of privilege. The Bench comprising of Justices J.Chelameswar and Abhay Manohar Sapre has held that while taking action against the MLAs, the requirements of Article 14 were not complied with.FactsBy a resolution of the assembly dated 19.02.2015, nineteen...

Swaraj Abhiyan’s drought case in the SC exposes lapses on the part of Central and state Governments [Read Petition and Affidavit of UOI]

During the hearing today of the Swaraj Abhiyan’s petition seeking Supreme Court’s intervention to ensure drought relief in 12 states, the petitioner has alleged that Haryana Government has tried to mislead the court by giving two select months and calendar year deviation figures concealing the fact that seasonal rainfall during the South West Monsoon (June-Sept) 2015 was only 62 per...

Formulate Uniform Victim Compensation Scheme for Victims of Sexual Assaults; SC [Read Judgment]

“Indisputably, no amount of money can restore the dignity and confidence that the accused took away from the victim. No amount of money can erase the trauma and grief the victim suffers. This aid can be crucial with aftermath of crime.”, said the Court. A two Judge Bench of the Supreme Court has directed the State Governments to formulate Uniform Schemes for the Victims of Sexual...

SC reiterates that Registration of FIR is mandatory when a Magistrate orders investigation U/S 156(3) of CrPC [Read Judgment]

A two Judge Bench of the Supreme Court has reiterated that to enable the police to start investigation, it is open to the Magistrate to direct the police to register an F.I.R. and even where a Magistrate does not do so in explicit words but directs for investigation under Section 156(3) of the Code, the police should register an F.I.R.The Bench comprising of Justices M.Y.Eqbal and Shiva...

Denial of Appointment to a Woman in Army solely on account of her pregnancy is violative of Art. 14 and 16 of the Constitution of India; Punjab & Haryana HC [Read Judgment]

In a recent judgment, Punjab and Haryana High Court has held that a woman doctor can't be debarred from joining the Army Medical Corps (AMC) just because she became pregnant during the course of the selection process. “By forcing a choice between bearing a child and employment, it interferes both, with her reproductive rights and her right to employment. Such an action can have no place...

Supreme Court Monthly Digest (January 2016)

1. Motor Accident Claims; SC cautions Courts against Hyper Technical approachThe Supreme Court restated its earlier position in Mantoo Sarkar vs. Oriental Insurance Company Limited (2009) 2 SCC 244 regarding territorial jurisdiction of Motor Accident Claims Tribunal. Apex Court Bench of Justices Anil R. Dave and Adarsh Kumar Goel held that there is no bar to a claim petition being filed at...