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Showing posts with the label Article 21

Pending Criminal Trials Cannot Justify Indefinite Denial of Passport: Supreme Court Reaffirms Article 21

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Background of the Case The Supreme Court of India has delivered a significant ruling clarifying the scope of personal liberty under the Constitution, holding that pending criminal proceedings cannot be a ground for indefinitely denying the renewal of a passport . The judgment was delivered by a Bench comprising Justice Vikram Nath and Justice Augustine George Masih , allowing an appeal filed by Mahesh Kumar Agarwal , an accused in a National Investigation Agency (NIA) case related to alleged extortion and terror funding activities in Jharkhand’s coal mining belt. The Court set aside judgments of the Calcutta High Court , which had earlier upheld the refusal of passport renewal by the Regional Passport Office (RPO), Kolkata. Factual Matrix Mahesh Kumar Agarwal’s passport expired in August 2023 . At the time: He was facing trial in an NIA case pending before a Special Court in Ranchi. He was also convicted in a CBI coal block allocation case , though his sentence had been suspended by t...

Supreme Court Calls for Syllabus Reforms to Eradicate Dowry, Flags Pendency of Dowry-Related Cases

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Introduction In a landmark judgment underscoring the constitutional obligation to eliminate dowry, the Supreme Court of India has observed that eradicating the dowry system is not merely a matter of statutory enforcement but a constitutional imperative . The Court has urged the Union and State governments to consider amending educational curricula to raise awareness among young citizens about the social evil of dowry and has directed High Courts to compile data on pending dowry-related cases to ensure their expeditious disposal. Background of the Case The directions were issued while deciding a 24-year-old criminal appeal arising from a dowry death case registered in 2001 in Bijnor, Uttar Pradesh . The accused, Aslam Beg , was convicted for setting his wife, who was barely 20 years old , on fire. In October 2003 , a trial court convicted Aslam Beg and his mother Jamila , sentencing them to life imprisonment . In 2017 , the Allahabad High Court acquitted both accused. The Supreme...

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...

Supreme Court Seeks Nationwide Guidelines Against Period Checks at Workplaces and Educational Institutions

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Background of the Case The Supreme Court of India has agreed to examine the need for nationwide guidelines to prevent women and girls from being subjected to invasive “period checks” during menstruation. This direction follows disturbing incidents where employees and students were asked to prove their menstrual status, violating dignity and bodily autonomy. The matter reached the Supreme Court through a petition filed by the Supreme Court Bar Association (SCBA), which highlighted multiple instances of degrading practices across institutions. Triggering Incident: Haryana University Controversy In October 2024, three female sanitation workers at Maharshi Dayanand University (MDU), Rohtak, complained of menstrual sickness. Instead of being granted relief, the supervisors demanded that the women provide photographs of their sanitary pads as proof. The workers were allegedly verbally abused and coerced into taking photographs in a washroom, causing severe humiliation. Following publ...

Allahabad High Court Flags Massive Irregularities in Uttar Pradesh Birth Certificate System

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The Allahabad High Court has strongly criticised the functioning of Uttar Pradesh’s birth certificate issuance system, describing it as a “mess” and reflective of dishonesty operating at multiple administrative levels. The court’s observations came during the hearing of a writ petition that exposed the ease with which multiple birth certificates with conflicting details can be obtained in the state. Case Background: Two Birth Certificates, Two Different Dates of Birth Facts of the Petition The issue surfaced during the hearing of a writ petition filed by an individual named Shivanki . The Deputy Director of UIDAI, Regional Office, Lucknow, submitted documents that revealed the petitioner possessed two separate birth certificates , both issued by the Registrar of Births and Deaths, but: from two different authorities, and with two different dates of birth. Details of the Conflicting Certificates Certificate 1: Issued by: Primary Health Centre, Manauta Date of bir...

High Court Rules: Mere Presence in a Dance Bar Is Not a Crime

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The Bombay High Court has delivered an important ruling that clearly defines the limits of criminal liability under the Maharashtra Obscene Dance Act and the Indian Penal Code. The Court held that simply being present at a dance bar does not automatically make a customer a criminal offender. This judgment significantly reinforces legal safeguards against arbitrary arrests and wrongful criminal prosecution in cases involving dance bar raids. Background of the Case During a police raid conducted on the night of May 4–5, 2024, at Surabhi Palace Bar and Restaurant in Chembur, Mumbai, a total of 11 individuals were detained. These included the bar manager, orchestra artists, women dancers, and multiple customers. The police filed charges alleging that women were performing obscene dances in violation of the Maharashtra Prohibition of Obscene Dance Act, 2016. A customer was also booked under: Section 188 of the Indian Penal Code (IPC) – Disobedience of public order Provisions of ...

Court’s Duty to Uphold Women’s Dignity and Autonomy: Madras High Court’s Landmark Ruling

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The Madras High Court has reaffirmed that the judiciary’s responsibility extends beyond statutory interpretation—it also includes safeguarding the dignity, autonomy, and peace of women, especially after matrimonial disputes have lawfully ended. In a significant judgment delivered by Justice L. Victoria Gowri on November 13, the Madurai Bench dismissed a maintenance plea that sought to drag a divorced woman back into litigation nearly a decade after her mutual-consent divorce. This decision reasserts the Constitutional mandate under Article 21 and clarifies the limits of maintainability and locus standi in maintenance proceedings. Background of the Case Divorce and Settlement in 2014 The woman and her estranged husband obtained a mutual consent divorce in 2014. As part of the agreement: The mother voluntarily declined maintenance. Custody of the minor son was granted to the father. The father agreed to bear all maintenance expenses for the child. Both parties subsequent...

Supreme Court Bar Association Moves Apex Court Over ‘Proof of Periods’ Incident in Haryana: A Question of Dignity and Rights

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Background of the Case The Supreme Court Bar Association (SCBA) has approached the Supreme Court of India , seeking judicial intervention and an independent probe into a disturbing incident at Maharishi Dayanand University (MDU), Rohtak , where female sanitation workers were allegedly asked to prove that they were menstruating. The petition, filed by the Bar body, calls for strict guidelines to protect women’s right to health, dignity, bodily autonomy, and privacy , especially during menstruation. The plea demands that both the Centre and the Haryana government conduct a detailed inquiry into the matter to ensure accountability and institutional responsibility. The Incident at Maharishi Dayanand University According to reports, the incident occurred on October 26 , just hours before Haryana Governor Ashim Kumar Ghosh was scheduled to visit the MDU campus. Three female sanitation workers employed through Haryana Kaushal Rozgar Nigam Limited alleged that their supervisors fo...

Supreme Court Confirms Shivani Agarwal’s Bail, Mandates Written Grounds of Arrest in All Cases

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In a significant ruling that strengthens constitutional protections for the accused, the Supreme Court of India has reiterated that failure to furnish written grounds of arrest to an accused person renders both the arrest and subsequent remand illegal . The judgment also confirmed the bail of Shivani Agarwal , who was arrested in connection with the high-profile Pune Porsche crash case . Case Background: Pune Porsche Crash and Allegations The case stems from the May 19, 2024 , Pune incident where a minor , while driving a Porsche allegedly owned by his father, ran over and killed two IT professionals — Aneesh Awadhiya and Ashwini Koshta . The incident triggered nationwide outrage over reckless driving and alleged procedural lapses during investigation. The minor’s mother, Shivani Agarwal , was arrested for allegedly tampering with her son’s blood samples to shield him from legal consequences. She had been in judicial custody for over ten months before the Supreme Court granted a...

Supreme Court Mandates Written Grounds of Arrest in All Cases: A Milestone in Constitutional Safeguards

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In a historic expansion of constitutional protections, the Supreme Court of India has held that every person arrested — regardless of the nature of the offence or the statute under which the arrest is made — must be furnished with written grounds of arrest . The ruling marks a critical evolution in Indian criminal jurisprudence, strengthening Articles 21 and 22 of the Constitution, and preventing arbitrary and unlawful detention by law enforcement agencies. Bench and Background A division bench comprising Chief Justice of India Bhushan R. Gavai and Justice A.G. Masih delivered the ruling. The case arose during the hearing of a petition filed by Mihir Shah , the accused in the July 2024 Worli BMW hit-and-run case , who contended that he was not supplied with written grounds for his arrest. While the Court clarified that its ruling would not interfere with the Bombay High Court’s order upholding Shah’s arrest, it used the occasion to address a broader constitutional issue — w...

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: ...