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Supreme Court Expands Jurisdiction Under POSH Act: Complaint Can Be Probed at Complainant’s Workplace

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Background of the Case In a significant judgment strengthening workplace safety for women, the Supreme Court of India has clarified that proceedings under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) can be initiated at the workplace of the complainant , even if the accused employee belongs to a different department or employer . The ruling settles a long-standing ambiguity on the jurisdiction of Internal Complaints Committees (ICCs) and rejects the narrow interpretation that only the ICC of the accused employee’s department can inquire into allegations of sexual harassment. Facts of the Case The appellant was a 2010-batch Indian Revenue Service (IRS) officer . The complainant was a 2004-batch Indian Administrative Service (IAS) officer , posted in the Department of Food and Public Distribution . The alleged incident of sexual harassment took place in May 2023 at Krishi Bhawan, New Delhi , a common government workplace. The ...

Unarrested Accused Cannot Be Jailed for Not Seeking Bail: Bombay High Court Reaffirms Due Process

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Introduction In a significant reaffirmation of personal liberty and criminal procedure safeguards, the Bombay High Court has held that an accused cannot be remanded to judicial custody merely for not applying for bail , particularly when the individual was never arrested during investigation and consistently appeared before the court pursuant to summons . The ruling underscores the constitutional limits on judicial power and reinforces the settled principle that custody is a legal status, not a procedural assumption . Background of the Case The ruling arose from a criminal case registered in 2023 , involving allegations that partners of AS Agri and Aqua Limited Liability Partnership defrauded investors of approximately ₹350 crore by promising unusually high returns. Alleged Offences The FIR invoked the following provisions: Section 406, Bharatiya Nyaya Sanhita, 2023 – Criminal breach of trust Section 420, Bharatiya Nyaya Sanhita, 2023 – Cheating Section 427, Bharatiya Nyaya Sanhi...

Jharkhand High Court Orders Probe and ₹1.5 Lakh Compensation in Alleged Custodial Thrashing of JLKM Leader

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Introduction In a significant reaffirmation of constitutional safeguards against custodial violence, the Jharkhand High Court has ordered a comprehensive probe and directed the immediate payment of ₹1.5 lakh as compensation to Jharkhand Loktantrik Krantikari Morcha (JLKM) leader Tarun Kumar Mahato , who was allegedly subjected to custodial thrashing by the police. The Court emphasised individual accountability of erring police officials , reinforcing the principle that custodial torture is a grave violation of fundamental rights . Background of the Case Arrest and Alleged Custodial Torture Date of Arrest : Night of November 28 Police Station : Ichagarh Police Station, Seraikela-Kharsawan district Allegation : Severe physical assault while in police custody Reason for Arrest : Dispute related to alleged illegal mining and transportation of sand Following his arrest, Tarun Kumar Mahato reportedly sustained serious injuries and has since been undergoing treatment at Seraikela Sadar Hos...

Bombay High Court Quashes Criminal Negligence Case Against Company MD: No Vicarious Liability Under IPC or BNS

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Introduction In a significant ruling clarifying the scope of criminal liability of corporate executives, the Bombay High Court has held that Indian criminal law does not recognise vicarious liability unless expressly provided by statute . The Court quashed criminal proceedings against the Managing Director and a civil engineer of a construction firm , ruling that criminal negligence cannot be presumed solely based on managerial position . The judgment reinforces a foundational principle of criminal jurisprudence: personal culpability is indispensable for criminal prosecution . Factual Background of the Case Construction Project and Incident Year of Incident : October 2017 Project : Construction of an overbridge at Wardha railway station Contractor : Someshwaraya Infrastructure, owned by Krishna Mandadi , a railway contractor Incident : A pit was dug at the construction site A two-and-a-half-year-old child , son of a labourer working at the site, drowned in the pit According to records...

Supreme Court Rejects Plea Challenging Minority Exemption from RTE Act, Imposes ₹1 Lakh Cost

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Introduction The Supreme Court of India has strongly reaffirmed the finality and binding nature of Constitution Bench judgments , rejecting a writ petition that sought to reopen the settled issue of minority educational institutions’ exemption from the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) . In a stern order, the Court not only dismissed the plea but also imposed costs of ₹1 lakh on the petitioner NGO , calling the petition a “gross abuse” of judicial process and a threat to the institutional integrity of the judiciary. Background of the Petition Petitioner and Relief Sought The petition was filed by an NGO, United Voice for Education Forum , invoking Article 32 of the Constitution , seeking: A declaration that the exemption granted to minority educational institutions from the RTE Act is unconstitutional Inclusion of minority schools— aided and unaided —within the ambit of Section 12(1)(c) of the RTE Act , which mandates 25% reservation at entry leve...

Supreme Court Denies Bail in Mumbai BMW Hit-and-Run Case: “Such Boys Need to Be Taught a Lesson”

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Introduction The Supreme Court of India has refused to grant bail to Mihir Shah , the prime accused in the July 2024 Mumbai BMW hit-and-run case , making strong observations on parental responsibility, privilege, and reckless conduct. The Court’s remarks—“such boys need to be taught a lesson”—underline a growing judicial intolerance towards grave road crimes involving wealthy and influential individuals. Case Background: Mumbai BMW Hit-and-Run Incident (July 2024) Incident Details In July 2024, Mihir Shah, aged 24, was allegedly driving a BMW at high speed on Worli Sea Face Road, Mumbai , when his vehicle struck a couple riding a scooter. Victims : Pradeep Nakhwa (survived) His wife (died on the spot) Manner of Accident : After the collision, Pradeep Nakhwa was flung off the bonnet. His wife’s body was allegedly dragged for nearly two kilometres . Despite hearing screams, the accused allegedly continued driving . Post-Accident Conduct : The accused went absconding after the incident...

SUPREME COURT DIRECTS HIGH COURTS AND STATES TO FAST-TRACK UAPA TRIALS

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The Supreme Court of India has issued a significant direction to all High Courts and State governments to ensure expeditious disposal of cases under the Unlawful Activities (Prevention) Act (UAPA). The Court stressed that terrorism-related matters must be handled with “efficacy and expediency,” especially considering the stringent nature of the law and the increasing pendency of cases. The directions were delivered by a bench comprising Justices Sanjay Karol and N. Kotiswar Singh while hearing the Central Bureau of Investigation’s (CBI) appeal in the 2010 Jnaneshwari Express derailment case , which claimed 148 lives and injured over 170 passengers. BACKGROUND: THE 2010 JNANESHWARI EXPRESS CASE The case relates to the derailment of the Jnaneshwari Express in West Bengal, allegedly caused by sabotage due to opposition to joint police-paramilitary operations against Maoist groups in the region. Eighteen accused individuals were granted bail by the Calcutta High Court, a decision chall...

High Court Grants Interim Bail to Couple Convicted of Killing Eight Family Members in 2001

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The Punjab and Haryana High Court has ordered the interim release of Sonia and her husband Sanjeev Kumar, who were convicted of killing eight members of Sonia’s family in August 2001. The court simultaneously directed the Haryana government to reconsider their premature release application within two months, strictly in accordance with the applicable remission policy. Background of the 2001 Hisar Mass Murder Case On the night of August 23, 2001, eight members of the Punia family were killed at their farmhouse on the outskirts of Hisar. The victims included: • Relu Ram Punia (50), former MLA of Barwala constituency • Krishna Devi (41) • A 14-year-old daughter • Sunil Kumar (23), son from first marriage • Daughter-in-law Shakuntala Devi (20) • A 4-year-old grandson • Two granddaughters, including a two-month-old infant According to the prosecution, Sonia and Sanjeev retrieved an iron rod from the garage after midnight and murdered the family members individually in separate ro...

IndiGo Operational Crisis: Allegations, Legal Framework, Statutory Powers, and Accountability

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Introduction: IndiGo Faces Unprecedented Operational Disruption India’s largest airline, IndiGo, has been at the center of a massive operational crisis since December 2, resulting in nearly 5,000 flight cancellations across major airports, including Delhi, Mumbai, and Bengaluru. In response, the airline’s Chairman, Vikram Singh Mehta, released a public statement dismissing allegations that the crisis was “engineered” or that IndiGo attempted to influence government rules. This article examines the factual developments, the legal and regulatory framework governing such disruptions, relevant constitutional and statutory provisions, and applicable judicial precedents. Allegations Against IndiGo and the Chairman’s Response Chairman Denies Claims of “Engineering a Crisis” Vikram Singh Mehta stated that while there has been “fair criticism” regarding passenger inconvenience and operational mismanagement, allegations such as: engineering the crisis influencing government rules ...

BRITISH–INDIAN NURSE JAILED FOR OVER SEVEN YEARS FOR RAPE AND SEXUAL ASSAULT IN SCOTLAND: DETAILED LEGAL ANALYSIS

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A high court in Scotland has sentenced Naijil Paul , a British national of Indian origin, to seven years and nine months in prison for the rape of a colleague and for sexually assaulting two other women at his care home workplace in North Lanarkshire . The sentencing marks the culmination of a prolonged legal process that began in 2018 , was disrupted when Paul fled to India in 2019 , and concluded after his extradition earlier this year. BACKGROUND OF THE CASE In 2018, Paul, then 47 years old and employed as a manager in a care home, allegedly used his position of authority to exploit and sexually assault multiple women. The core incidents include: Rape of a colleague , whom he threatened with dismissal if she did not comply. Sexual assault of a 19-year-old care assistant . Sexual assault of a 21-year-old care worker , whom he touched without consent and attempted to kiss. In December 2019, shortly before his trial, Paul traveled to Kochi, India, claiming his fathe...

RIGHTS UNDER SC/ST ACT SHOULD NOT BE MISUSED: ALLAHABAD HIGH COURT OBSERVATION

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The Allahabad High Court has delivered an important order addressing the balance between the protection granted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) and the need to prevent its misuse. While granting bail to two accused in a rape case, the Court underscored that the Act’s victim-centric provisions must not be abused. CASE BACKGROUND: NINE-YEAR DELAY IN FIR In the case before the Allahabad High Court, Justice Anil Kumar heard the bail applications of two appellants, Aznan Khan and Furkan Ilahi, accused of rape and offences under the SC/ST Act. The victim lodged an FIR in 2025 alleging offences that occurred in 2016. According to her statement, Furkan met her in 2016, took her to a hotel and then to the residence of co-accused Aznan Khan, where the alleged assault occurred. She stated that she remained silent for nearly nine years based on Furkan’s assurance that he would marry her. She further alleged continued physical r...