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Showing posts with the label Article 21

Himachal Pradesh High Court Warns Sukhu Government: Release ₹10 Crore or Face Contempt Action

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The Himachal Pradesh High Court has issued a stern warning to the Sukhvinder Singh Sukhu-led state government for failing to release essential judicial funds, threatening to initiate contempt proceedings if ₹10 crore is not deposited with the High Court by November 13, 2025 . Judicial Reprimand Over Financial Neglect A Division Bench comprising Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma took serious note of the non-release of funds since September 2025 , observing that the continued financial neglect is “disrupting the normal functioning of the courts” . The Bench directed the Finance Secretary to personally appear before the Court with a bank draft of ₹10 crore payable to the Registrar General of the High Court . The order explicitly warned that failure to comply would result in the issuance of a contempt notice . The court stated: “Let the Secretary (Finance) come present in this Court along with necessary draft of ₹10 crore, in favour of the Registrar Ge...

Mumbai Hostage Tragedy: The Rohit Arya Case and the Legal Questions It Raises

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The recent hostage crisis in Mumbai’s Powai area involving Rohit Arya , a 50-year-old project director, has reignited debates surrounding mental distress, administrative accountability, and the limits of police force under Indian law . While the tragedy ended with the safe rescue of 17 children and Arya’s subsequent death in police firing , several legal and ethical questions emerge regarding state responsibility, unpaid contractual dues, and the use of lethal force in hostage situations . The Incident: From Protest to Tragedy According to reports, Rohit Arya had previously worked as the Project Director for Project Let’s Change – PLC Swachhata Monitor , an initiative under the Majhi Shala, Sundar Shala campaign of the Maharashtra government’s primary education department . Arya allegedly held grievances over unpaid dues worth ₹2 crore , claiming that his project work had been completed but never compensated. During negotiations, Arya released a video statement , asserting: ...

ED Moves Supreme Court Against Bombay High Court Order Declaring Former VVCMC Chief’s Arrest Illegal

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The Enforcement Directorate (ED) has approached the Supreme Court of India , challenging the Bombay High Court’s order that declared the arrest of former Vasai Virar City Municipal Corporation (VVCMC) chief Anilkumar Pawar as illegal and ordered his immediate release. The ED, through a Special Leave Petition (SLP) , has also sought a stay on the High Court’s order pending final adjudication. The plea is expected to be heard on Friday before the Supreme Court bench. High Court’s Findings: Arrest Declared Illegal and Arbitrary In a strongly worded order, the Bombay High Court bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad criticised the ED’s actions, terming the arrest “arbitrary, illegal and unsupported by evidence.” The court observed that the arrest violated Section 19 of the Prevention of Money Laundering Act (PMLA), 2002 , as well as Articles 14, 19, and 21 of the Constitution of India , which guarantee equality before law, freedom of mov...

Supreme Court Questions Colonial-Era Execution Method: Hanging vs. Lethal Injection Debate

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The Supreme Court of India has reignited the debate around capital punishment methods, questioning whether the colonial-era practice of death by hanging should continue to be India’s sole means of execution. On October 9, 2025 , a bench comprising Justice Vikram Nath and Justice Sandeep Mehta suggested that the Union Government should consider giving death row convicts the option to choose between hanging and lethal injection , observing that “methods of execution across the world have undergone significant change” since India codified hanging into law. The Case and the Challenge The issue arises from a petition filed by advocate Rishi Malhotra , challenging the constitutional validity of Section 354(5) of the Code of Criminal Procedure (CrPC) , which mandated that a person sentenced to death “shall be hanged by the neck till he is dead.” This provision has now been replaced by Section 393(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 , but the method of hangin...

Delhi High Court: High Cost of Living and Rise in Husband’s Income Valid Grounds for Enhanced Alimony

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The Delhi High Court has ruled that a husband’s increased income and the rising cost of living are valid factors to enhance the maintenance payable to his separated wife, even if he is retired and drawing a pension. Background of the Case The case involved a 60-year-old woman who challenged a family court’s order that had refused to increase her monthly maintenance. The couple married in April 1990 but separated just two years later, after the woman alleged dowry demands and harassment . In 2012 , a family court directed the husband to pay ₹10,000 per month in maintenance. In 2018 , the woman sought an enhancement, citing her husband’s promotion from Trained Graduate Teacher (TGT) to Post Graduate Teacher (PGT) , which increased his salary before retirement. Plea of the Wife The woman argued that: The maintenance was originally fixed based on her husband’s ₹28,000 monthly salary in 2012, but by the time of her petition, his salary had risen to ₹40,000 . He...

Horror of Crime Not Enough for Death Penalty: Supreme Court’s Emphasis on Fair Process and Constitutional Safeguards

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The Supreme Court of India, in a significant ruling, has reiterated that the gravity of a crime alone is insufficient to impose the death penalty unless the judicial process leading to the sentencing is scrupulously fair, transparent, and in strict compliance with constitutional safeguards . This judgment, delivered in the case involving death row convict Vasant Sampat Dupare , is a reminder of India’s strong constitutional framework that upholds life, dignity, and justice , even for those convicted of heinous crimes. The Fragility of the Death Penalty System A bench of Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta emphasized the irreversible nature of capital punishment and the risk of wrongful convictions. The judgment pointed out that investigations in India often rely on confessions extracted under opacity, contested recoveries, and forensic material of doubtful rigor , which when coupled with an overburdened trial system, increases the risk of errors. “A Constituti...

Supreme Court Summons Comedians Over Derogatory Content Against Persons with Disabilities

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Background of the Case On Tuesday, the Supreme Court of India directed several stand-up comedians— Samay Raina , Vipul Goyal , Balraj Paramjeet Singh Ghai , and Nishant Jagdsish Tanwar —to appear personally before the court in response to allegations of making insensitive and derogatory remarks against persons with disabilities . Comedian Sonali Thakkar (aka Sonali Aditya Desai) was allowed to appear virtually in the next hearing. The directive stems from a petition filed by M/s Cure SMA Foundation of India , an NGO working for persons affected by Spinal Muscular Atrophy (SMA). The petition raises serious concerns over online content that allegedly ridicules individuals with disabilities , in particular those living with rare disorders like SMA. Supreme Court’s Observations and Warnings A bench comprising Justices Surya Kant and Joymalya Bagchi recorded the presence of all five comedians during the hearing and gave them two weeks to file replies . The bench made it clear tha...