Supreme court
'Instigation Must Have Close Proximity To Suicide', Supreme Court Quashes Abetment To Suicide Case Against Business Partners
Observing that there must be a close proximity between the positive act of instigation by the accused person and the commission of suicide by the victim, the Supreme Court on Thursday (March 27) upheld the quashing of an abetment to suicide case against the business partner of the deceased, who committed suicide alleging harassment from his business partner. The bench comprising Justices BR Gavai and AG Masih heard the special leave petition filed by the deceased's wife challenging the...
Police Constitutionally Bound To Protect Freedom Of Expression; State Should Sensitize Officers On Constitutional Ideals: Supreme Court
The Supreme Court on Friday (March 28) emphasized that police officers, as part of the State under Article 12 of the Constitution, have a duty to abide by the Constitution and respect its ideals.Referring to Article 51A(a), which mandates citizens to abide by the Constitution and respect its institutions, the Court observed that officers must uphold the fundamental rights of individuals, particularly the right to freedom of speech and expression guaranteed under Article 19(1)(a).“The police...
Supreme Court Directs Customs Authorities To Upgrade Lab Facilities For Proper Testing Of Disputed Articles On All Parameters
In a key decision, the Supreme Court today overturned the confiscation of imported goods labelled as "Base Oil SN 50," which customs authorities had classified as High-Speed Diesel (HSD), which only the State entities can import. The Court found that the Customs Department failed to provide conclusive evidence proving the goods were High-Speed Diesel (HSD), due to inadequate laboratory...
Supreme Court Mandates Preliminary Inquiry Before FIR On Certain Offences Related To Speech & Expressions
With the aim of curbing frivolous FIRs against speeches, writings and artistic expressions, the Supreme Court on Friday mandated that a preliminary inquiry must be conducted before lodging the FIR, if the offences alleged are punishable with imprisonment between three to seven years.The Court held so after referring to Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).Section 173(3) provides that for offences punishable with imprisonment between three to seven years, the police may...
75-Year-Old Republic Must Not Be So Shaky That Poetry Or Comedy Is Alleged To Be Creating Animosity: Supreme Court
In a strong condemnation of the growing misuse of criminal law against artistic expressions and dissenting ideas, the Supreme Court ruled today that constitutional protection of free speech is not contingent on the popular acceptance of the views expressed.While quashing an FIR registered by the Gujarat Police against Congress Rajya Sabha MP Imran Pratapgadhi over a poem shared on social...
'Premature, Await In-House Inquiry' : Supreme Court Rejects Plea To Register FIR Against Justice Yashwant Varma Over Cash Row
The Supreme Court on Friday (March 28) refused to entertain a writ petition seeking the registration of an FIR against Justice Yashwant Varma, former Delhi High Court Judge, over the alleged discovery of illicit cash at official premises.A bench of Justice Abhay Oka and Justice Ujjal Bhuyan said that the petition, which also challenged the in-house inquiry being conducted by a committee of...
Supreme Court Directs Payment Of Rs 30 Lakhs Compensation Within 4 Weeks For Manual Sewer Cleaners' Deaths In Metros In Last 3 Months
Following its previous order summoning officials from major cities (Delhi, Kolkata, Hyderabad and Bengaluru) over unsatisfactory affidavits on banning manual scavenging and manual sewer cleaning, the Supreme Court yesterday noted that the new affidavits were cleverly worded to create a false impression of compliance. It warned that failure to file proper affidavits in the next hearing would...
For 'Promoting Enmity' Offence, Words Must Not Be Judged On Standards Of Insecure People Or Those Seeing Criticism As Threat : Supreme Court
The Supreme Court on Friday (March 28) held that for an offence under section 196 (promoting enmity between groups) of Bharatiya Nyaya Sanhita alleged on the basis of written or spoken words, the standard to judge effect of the words should be that of a reasonable, firm, individual rather than an insecure person.“When an offence under section 196 of BNS is alleged, the effect of spoken...
