'Persecution In The Name of Sedition Finds Popular Acceptance in India', Says Anushka Singh, Author of the recent book, 'Sedition In Liberal Democracies'

Anushka Singh is Assistant Professor at the School of Law, Governance and Citizenship, Ambedkar University Delhi. She graduated from Miranda House and did her Masters from Lady Sri Ram College. She went on to do her M.Phil and PhD from the Department of Political Science, University of Delhi where she also taught the Masters students, briefly. She was previously employed at the Gargi College, University of Delhi. She was awarded the Visiting fellowship for doctoral research at Tagore...

In This Case Judges Are Like Any Other Witnesses, Their Version Can't Be Taken As Gospel Of Truth, We Will File Review: Ahmad Abdi, President Of Bombay Lawyers Association, Petitioner In Loya Case

In light of the Supreme Court's judgment dismissing the PIL seeking a probe into judge Loya's death, petitioner Ahmad Abdi, president of the Bombay Lawyers' Association, spoke to Live Law about the way forward, the SC's observation calling the PIL scandalous and that it warrants criminal contempt proceedings to be initiated.After SC's judgment and all the observations against the petitioners, going forward what is your next course of action?I am very disappointed, we will file a review...

CONFLICT OF BENCHES: The SC's February 8 Judgment in Indore Development Authority Is Not Supported By Text Or Intent Of The Act, Says Namita Wahi, Expert On Land Acquisition

The ongoing controversy in the Supreme Court involving judicial discipline after a three-judge bench overruled the decision of another three-judge bench centres around the interpretation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act). This provision deals with the question when the land acquisition process under the previous Land Acquisition Act of 1894 shall be deemed to have lapsed.The...

Feminist Judgments Project India: 'There Is A Promising Future For Shadow Judgment Writing In India', Says Academic And Scholar, Jhuma Sen

Have you ever thought of rewriting some of the problematic judgments to come out of the Indian Supreme Court? Can academics write an alternative judgment in the cases of Tukaram v State of Maharashtra (Mathura rape case, 1978) or Suresh Kumar Kaushal v Naz Foundation (2013), which earned much opprobrium in the history of Indian Supreme Court? Well, these questions may be answered in the affirmative, when a new academic project, being carried on these lines, sees the light of the...

There Is A Fearsome Scenario Despite The Unanimous Verdict Declaring Privacy As A Fundamental Human Right, Says Advocate And Author, M.P.Raju [PART 2]

Supreme Court advocate, M.P.Raju's new book, India's Constitution: Roots, Values & Wrongs, [Media House, Delhi, 2017] starts with a simple question: "India has a Constitution. Does she have a constitutional culture?". Attempting to answer this in 464 pages of his book, Raju takes the readers to the social and moral dimensions of India's Constitution.Today, most of us take India's Constitution for granted. Raju reminds us, quoting Justice H.R.Khanna, that behind it, there is...

“Judicial Diktats Alone May Not Be Able To Defend A Constitutional Culture”, Says Advocate And Author, M.P.Raju [PART 1]

Supreme Court advocate, M.P.Raju’s new book, India’s Constitution: Roots, Values & Wrongs, [Media House, Delhi, 2017] starts with a simple question: “India has a Constitution.  Does she have a constitutional culture?”.  Attempting to answer this in 464 pages of his book, Raju takes the readers to the social and moral dimensions of India’s Constitution.Today, most of us take India’s Constitution for granted.  Raju reminds us, quoting Justice H.R.Khanna, that behind it, there is a story of...

“Judicial Diktats Alone May Not Be Able To Defend A Constitutional Culture”, Says Advocate And Author, M.P.Raju [PART 1]

Supreme Court advocate, M.P.Raju’s new book, India’s Constitution: Roots, Values & Wrongs, [Media House, Delhi, 2017] starts with a simple question: “India has a Constitution.  Does she have a constitutional culture?”.  Attempting to answer this in 464 pages of his book, Raju takes the readers to the social and moral dimensions of India’s Constitution.Today, most of us take India’s Constitution for granted.  Raju reminds us, quoting Justice H.R.Khanna, that behind it, there is a story of...

Security Concerns Are Often Cited To Defeat Minimum Humanitarian Morality: Dr. Ashwani Kumar, Former Law Minister Of India

Dr. Ashwani Kumar seems to have done it all! He is an eminent legal counsel, political activist, author, policy-maker, a Union cabinet minister, and recipient of Japanese civilian honour ‘Grand Cordon of the Order of the Rising Sun’. While his achievements are many, it is his selfless battle for ratification of the United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment that has inspired many. Besides, he is espousing the case of dignity of old...

Had The Constitution Specified A Right To Free Press, Prior Restraints On It Could Have Become Impossible, Says Author And Advocate, Abhinav Chandrachud

Abhinav Chandrachud’s latest book, Republic of Rhetoric: Free Speech and the Constitution of India, has received rave reviews for its in-depth examination of the subject from both historical and contemporary perspectives. An accomplished scholar, Abhinav now practices law as an advocate in the Bombay High Court. LIVE LAW caught up with him, amidst his busy schedule, to answer a few questions on the book as well as related issues, via email.Excerpts:LIVE LAW: Why, according to you, did the...

“This Is No Reason To Celebrate”, Says Harish Narasappa, Co-Founder Daksh, On The Achievement of Some States In Reducing Pendency Of 10-Year Old Cases

Recently, it was reported that four States and one Union Territory, namely, Haryana, Punjab, Himachal Pradesh, Kerala and the Union Territory of Chandigarh, had managed to reduce pendency of 10-year old cases in lower courts to less than one per cent of total pendency.  Live Law spoke to Daksh co-founder,  Harish Narasappa for his insights into this so-called achievement, and its lessons.The following are his answers to our questions:LIVE LAW: Haryana, Chandigarh, Punjab, Himachal Pradesh and...

‘Open Prison Has The Potential To Eradicate Retributive Form Of Punishment’, Says Smita Chakraburtty, Activist And Champion Of Prison Reforms

Smita Chakraburtty is an independent researcher studying prison systems across the country. Presently, she is the Honorary Prison Commissioner to study the Open Prison Systems of Rajasthan. In this interview with Live Law, she answers specific questions on the recent judgment of the Supreme Court, delivered on  September 15 by Justices Madan B.Lokur and Deepak Gupta on prison reforms.  LIVE LAW: What is the significance of the Supreme Court’s judgment in Re: Inhuman Conditions in 1382 Prisons,...

Media Has Responsibility To Report Accurately, Without Scandalising The Matter: Sr Advocate Amit Desai

One of the most sought-after criminal lawyers in the country, Senior Advocate Amit Desai has had a career spanning over three decades. Desai, who comes from a family of lawyers, discovered that his interests lie in the area of criminal law after having the opportunity to work on a number of important cases such as the 1984 Bhopal gas tragedy and the securities scam at a very young age.Desai argued Bollywood actor Salman Khan’s appeal in the hit-and-run case and got him acquitted. He also...