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Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court
The Supreme Court observed that sanction from competent authorities under Section 197 of Code of Criminal Procedure is required to prosecute public servants if the alleged act committed is directly concerned with the official duty.The yardstick to be followed is to form a prima facie view whether the act of omission for which the accused was charged had a reasonable connection with the...
Discussion On DEMOCRACY, DISSENT AND DRACONIAN LAW- Should UAPA & Sedition Have A Place In Our Statute Books?
Campaign For Judicial Accountability And Reforms (CJAR) and Human Rights Defenders Alert (HRDA) in association with LIVELAW is organising a webinar on "DEMOCRACY, DISSENT AND DRACONIAN LAW- Should UAPA & Sedition Have A Place In Our Statute Books?"The esteemed panelists for the webinar are:-1. Justice Madan Lokur, Former Judge, Supreme Court 2. Justice Aftab Alam, Former Judge,...
No Disrespect Shown To Judge; No Offence Under SC-ST Act Attracted: Supreme Court Quashes Criminal Case Against MP RS Bharathi
The Supreme Court quashed a charge sheet filed against DMK leader and Rajya Sabha MP RS Bharathi under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act over a speech made by him.The court observed that there is no disrespect shown to Justice Varadarajan. Though he indulged in intemperate rant which should have been avoided, there is nothing in the speech which attracts...
Supreme Court Stands Firm On Khori Gaon Demolitions; Gives 4 More Weeks Time To Complete Evictions
The Supreme Court on Friday granted four more weeks to the Municipal Corporation of Faridabad to complete the removal of unauthorized constructions on forest land in Khori Gaon in Faridabad, Haryana. A 3-Judge Bench headed by Justice AM Khanwilkar recorded the submissions of Senior Advocate Arun Bhardwaj, AAG of Haryana, who appeared for the Corporation, that all unauthorized...
'May Be An Irregularity, Not An Illegality' : Maharashtra Govt On Special NIA Court Not Taking Cognizance Of Bhima Koregaon Case
The Maharashtra Government and the National Investigation Agency on Friday continued their arguments opposing Bhima Koregaon-Elgar Parishad accused Sudha Bharadwaj's default bail application. The State submitted that in her entire petition Bharadwaj hasn't averred at a single place that she was "denied justice" because a sessions court, and not a special court under the NIA Act,...
Power Of Compounding Must Be Expressly Conferred By Statute Which Creates Offence: Supreme Court
The power of compounding must be expressly conferred by the statute which creates the offence, the Supreme Court observed in a judgment passed today.The bench of Justices DY Chandrachud and MR Shah observed that in respect of offences which lie outside the Indian Penal Code, compounding may be permitted only if the statute which creates the offence contains an express provision for...
Supreme Court Dismisses Delhi Jal Board's Plea To Initiate Contempt Against Haryana For Alleged Non Supply Of Water
The Supreme Court on Friday dismissed a petition filed by the Delhi Jal Board seeking to initiate contempt proceedings against Haryana Chief Secretary Vijai Vardhan & the Additional Chief Secretary, Irrigation and Water Resources Department, Devender Singh, for 'wilful disobedience' of Court's February 1996 order of the court regarding maintaining of water level at the Wazirabad reservoir...
Booth Capturing & Bogus Voting Affects Rule Of Law & Democracy; Should Be Dealt With Iron Hands: Supreme Court
Any attempt of booth capturing and/or bogus voting should be dealt with iron hands because it ultimately affects the rule of law and democracy, the Supreme Court observed in a judgment today (23rd July 2021)The bench comprising Justices DY Chandrachud and MR Shah observed that the freedom of voting is a part of the freedom of expression and secrecy of casting vote is necessary for...
'Tool Of Harassment' : Karnataka High Court Quashes UP Police Notice To Twitter India MD In Ghaziabad FIR
Calling the notice issued by the Uttar Pradesh Police to the Managing Director of Twitter India as a "tool of harassment", the Karnataka High Court on Friday quashed the said notice, issued under Section 41A of the Code of Criminal Procedure in relation to the FIR registered over the videos posted in Twitter showing the assault of a Muslim man in Ghaziabad.The High Court said that the UP...