Ban on Pornography. Who controls the Mouse?

A PIL has been filed in the Apex Court by an Indore-based advocate Kamlesh Vaswani, outlining the abysmal scenario of the free availability of  pornography especially child pornography  online and seeking directions to take corrective measures.The PIL makes a reference to the Delhi Rape Case and states that most of the sexual crimes against women are a result of extensive access to...

What is happening in CIC?

The Honourable High Court of Delhi issued Notice to the Department of Personnel Training and the Central Information Commissioner on the allegation that CIC is listing and hearing cases out of turn in an irregular manner and even deciding some cases on the same day they are filed while thousand of cases are still pending for more than 2 years and even unregistered cases are being decided by...

Supreme Court issues landmark guidelines relating to Death Penalty;

A three Judge Bench of the Supreme Court issued landmark guidelines relating to Death Penalty, while allowing all the 13 Writ Petitions filed by 15 Death Convicts in various cases. The Bench consisted of Chief Justice P.Sathasivam, Justice Ranjan Gagoi and Justice Shiv Kirti Singh commuted the death sentence imposed on Suresh, Ramji, Bilavendran, Simon, Gnanprakasam, Madiah ,Praveen Kumar,...

Omitted Section 438 Cr.P C for anticipatory bail [in UP] cannot be resorted to as back door entry via Article 226, Says Supreme Court.

Supreme Court observed that the power under Art.226 is not to be exercised liberally so as to convert it into Section 438, Cr.P.C. proceedings in an appeal seeking the direction in the nature of Mandamus to defer the arrest of the petitioner until collection of the credible evidence sufficient for filing the charge-sheet.Appellant, who alleged to have committed the offences punishable...

Resolving conflicts between Benches, Constitution Bench issues Guidelines on adding additional accused in Criminal Cases; [Download jt]

The Constitution Bench of the Supreme Court finally delivered the Judgment in a batch of appeals resolving the conflict between many two and three Judge Benches of the supreme court and various High Courts regarding the scope and ambit of powers of the Criminal Court regarding adding additional accused in a Criminal case Courts interpreting Section 319 of Code of Criminal Procedure,...

A year of farewells in the Supreme Court of India

The Supreme Court of India is set to experience a landmark change in the coming 12 months with regard to the court’s structure as out of the 15 senior-most judges, 11 will retire, including Chief Justice of India P Sathasivam and his successor R M Lodha.The year 2013 bid goodbye to Justice G S Singhvi who retired on December 11. Justice Singhvi headed the bench which was investigating the...

Breaking: Erring Prosecutors And Investigating Officers Must Be Proceeded Against In Case Of Unmerited Acquittals And Wrongful Convictions; SC [Download Judgment]

The Supreme Court has come up with yet another landmark judgment in Criminal Law which is in the right direction of cleansing the criminal prosecution system of our country. The Apex Court was considering a Criminal Appeal by the State of Gujarat against acquittal of an accused person, who was originally awarded death penalty by the Trial Court.The accused stood trial for rape and brutal...

The Lokpal and Lokayuktas Bill, 2013 is Act No. 1 of 2014; Will new section- 8B(2) of CVC Act dilute the powers of CBI?

The Lokpal and Lokayuktas Bill, 2013 is published as Act No.1 of 2014 in the Gazette of India, Extraordinary, Part-II, Section-1, dated the 1st January 2014. The Bill got the assent from President Pranab Mukherjee, providing for setting up of an anti-corruption watchdog. The Bill was passed by the Rajya Sabha on December 17 and by the Lok Sabha the next day.The object of the Bill is to set up...

8 years of Right To Information Act in India : An Appraisal

IntroductionRight to Information (RTI) Act is landmark legislation which was enacted in India in the year 2005 which has completed eight years recently. It has brought radical change in the country’s administration and society. With the help of RTI Act one can come to know about the working of the public authority. Earlier citizen were not aware about the affairs of public authority, thus...

Lokpal Finally

After years of fight and eight failed attempts over the last five decades, a historic day for India as it took the much awaited step of enacting the Lokpal law, which would establish an anti-corruption watchdog that will have in its purview even the office of the Prime Minister. The bill which was already passed by the Lok Sabha in December 2011 was sent back to the house to make...

Removal of Justice Ganguly on the ground of 'Proved mis-behaviour'

Additional Solicitor General Indira Jaisingh wrote to the Prime Minister of India for initiating action under Section 23 of the Human Right Act, 1993 for removal of Justice A K Ganguly from the post of chairman of WBHRC on the ground of “proved misbehaviour” who according to the Supreme Court panel had committed "unwelcome sexual advances towards a law intern"."I have written a letter to...

Imperial morality of the Apex Court over shines the Constitutional wisdom

By upholding the colonial laws of the Victorian era in Suresh Kumar Koushal and Another vs. NAZ Foundation and Others, the Indian judiciary, in Justice Holmes language, has  fallen into the ‘pitfalls of antiquarianism’ by failing to look beyond the imperial period. The living monuments of Indian civilization at Jagadambi Temple at Khajuraho and ancient texts such as Patanjali’s...