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'This Court Won't Shy Away From Acknowledging Its Mistakes' : Supreme Court Allows ED's Application To Recall Order
The Supreme Court recently allowed an application filed by the Directorate of Enforcement(ED) to recall an earlier order which granted protection from coercive action to certain accused in a money laundering case till their petitions challenging the proceedings were finally disposed of by the High Court.The ED sought the recall of the order, which was passed on July 4, 2023, on the ground that it was not heard before the same was passed. The bench comprising Justices Sanjay Kumar and Aravind...
Can't Convict One Accused & Acquit Another When Similar Evidence Was Pitted Against Them : Supreme Court
The Supreme Court held that the court cannot convict one accused and acquit another when similar or identical evidence is pitted against two accused persons. While holding so, the Court acquitted the accused/appellant after finding that other co-accused who were charged for similar offences had been acquitted of all the charges and no appeal had been filed challenging their acquittal.Referring to Javed Shaukat Ali Qureshi v State of Gujarat 2023 LiveLaw (SC) 782, the Court observed, "The...
Advanced Course on Bharatiya Sakshya Adhiniyam 2023 (BSA) By BG Harindranath, Senior Advocate [Former Judge]Register Now
In 2020, the Government of India embarked on an ambitious exercise of reforming the Criminal Justice System. On 11th August 2023, three bills titled Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and Bharatiya Sakshya Bill, 2023 seeking to repeal and replace the Indian Penal Code (IPC), 1860, the Code of Criminal Procedure (CrPC), 1973 and the Indian Evidence Act (IEA), 1872 respectively, were introduced in the Parliament. These laws came into force on 1st...
Judges Must Be Independent But Must Stand By Govt When It Comes To Court Infrastructure Projects : CJI DY Chandrachud
Chief Justice of India (CJI) Dhananjay Chandrachud on Monday said judges across India function with 'fiercest' sense of independence but they must stand with the executive when it comes to court infrastructure.CJI Chandrachud said, "Let's be clear and not be fuddled by our vision, judges must exercise their functions with the fiercest sense of independence. But when on administrative side, we must stand by the government for such projects which are for everyone and not the private projects for...
Imparting Sex Education & Awareness About POCSO Act Obligation Of Governments : Supreme Court
The Supreme Court has interpreted the Protection of Children from Sexual Offences Act (POCSO Act) to hold that governments have the obligation to impart sex education and create awareness among the general public about the statute.The Court also underlined the importance of having a sensitive approach towards the victims of POCSO Act offences."By fostering a compassionate and understanding society, we can help them find their path to recovery and regain a sense of safety, dignity, and hope. This...
Bharatpur Army Officer & Lawyer Assault: Orissa HC Takes Suo Moto Cognizance, Restrains Media From Publishing Identity Of Victims
The Orissa High Court on Monday took suo moto cognizance of the issue pertaining to alleged custodial torture meted out to an Army official and his female lawyer friend in Bharatpur police station of Bhubaneswar. The action came subsequent to the letter of Lieutenant General PS Shekhawat, General Officer Commanding & Colonel which urged the Chief Justice to take suo moto cognizance.Background Of ControversyThe matter pertains to illegal detention and alleged custodial torture meted out to an...
UAPA Sanction Should Be Challenged By Accused Ordinarily At Earliest Opportunity : Supreme Court
The Supreme Court has held that a sanction for prosecution under the Unlawful Activities Prevention Act (UAPA) can be challenged on grounds such as the authority has not applied its mind or that the materials were not sufficient. However, such challenge by the accused must ideally be raised at the earliest opportunity.The Court also noted that the UAPA does not have any provision like the CrPC or the Prevention of Corruption Act to save an invalid sanction/"The UAPA does not provide for any such...
Convict's Age During Crime, Family's Social & Criminal Background Relevant While Commuting Death Sentence : Supreme Court
Recently, the Supreme Court observed that the age of the convict at the time of the commission of an offence would be of relevance along with other mitigating circumstances while commuting the sentence of the death penalty. Upon noting that the convict was of the age of 22 years at the time of the commission of the offence and came from a socio-economic backward stratum of the society, where he along with his family members does not have a criminal background, the bench comprising Justices BR...
Supreme Court Seeks Response From States/UTs On Compliance Of Directions To Set Up Online RTI Portals
The Supreme Court on Monday (September 23) sought response from all the States and Union Territories in a contempt petition alleging non-compliance with the directions in Pravasi Legal Cell v Union of India & Ors. for having online RTI Portals across the states in the country. The bench of CJI DY Chandrachud and Justice JB Pardiwala issued notice in the contempt petition filed by Anuj Nakade who alleged that 7 states and 4 Union Territories were yet to set up online RTI Portals while...
UAPA | Timelines For Sanction Mandatory, Have To Be Strictly Followed : Supreme Court
"In matters of strict construction, when a timeline is provided, along with the use of the word 'shall' and particularly when the same is in the context of a law such as the UAPA, it cannot be considered a mere technicality or formality," the Supreme Court observed today. A bench of Justices C.T. Ravikumar and Sanjay Karol made these observations in the context of the grant of sanctions under Section 45 of the Unlawful Activities (Prevention) Act, 1967 and Rules 3 and 4 of the Unlawful...
Supreme Court Seeks State Bar Councils' Affidavits Over Non-Compliance Of Rule To Publish List Of Senior Lawyers Willing To Mentor Law Students
While hearing a public interest litigation (PIL), the Supreme Court today called on all State Bar Councils which have not complied with the rule requiring them to publish a list of seasoned lawyers willing to mentor law students during college vacations, to file affidavits explaining reasons for non-compliance.A bench of Justices Sanjiv Khanna and Sanjay Kumar heard the matter and sought the Bar Councils' explanation with regard to non-compliance of Rule 26 of Schedule III to the Rules of Legal...
Adulterated Ghee Not Used For Tirupati Laddus, Ex-TTD Chairman Tells Supreme Court; Seeks Probe Into Andhra CM's Allegations
In the wake of the Tirupati Temple laddu controversy, Rajya Sabha MP and ex-TTD Chairman YV Subba Reddy has approached the Supreme Court with a PIL seeking independent investigation by a Court-monitored Committee, or by a retired judge of the Court alongwith domain experts, into the allegations of adulteration of the Tirupati laddus.Besides the above, Reddy seeks a direction to the respondent-authorities for preparation of a report regarding "the detailed-forensics of the lab-report and the...