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“Futile Litigations Must Be Chopped Off”: A Judicial Call for Criminal Justice Reform Background of the Case In a significant ruling addressing judicial delay and systemic inefficiency, the Lucknow Bench of the Allahabad High Court quashed criminal proceedings pending for over 34 years in connection with an alleged ruckus at the Uttar Pradesh Vidhan Sabha premises in 1991 . The judgment was delivered by Justice Pankaj Bhatia on January 28 , allowing two petitions filed by Madhukar Sharma and Sanjay Singh , who sought quashing of the entire criminal proceedings arising out of the said incident, which were pending before a district court in Lucknow. Allegations in the 1991 FIR According to the First Information Report (FIR), the alleged incident occurred on February 15, 1991 , when the informant was on duty at Gate No. 1 of the Uttar Pradesh Vidhan Sabha . The FIR alleged that: The accused persons, along with 30–40 others , created a ruckus inside the assembly premises They attempted ...

In a sensitive and legally complex ruling, the Bombay High Court has refused permission to terminate a 28-week pregnancy , holding that doing so would amount to foeticide as the foetus is healthy, viable, and capable of independent life . The decision underscores how reproductive autonomy, statutory limits, and foetal rights intersect under Indian constitutional law . The Case in Brief The petition was filed by the mother of an 18-year-old girl , seeking termination of pregnancy that arose from a relationship when the girl was 17 years old . The plea stated that: The relationship involved a promise of marriage An FIR was registered on January 2 after the pregnancy was discovered The teen did not wish to continue the pregnancy Despite acknowledging the personal hardship involved, the Court refused to permit medical termination at this advanced stage. What the Medical Board Found The High Court relied heavily on the medical board’s opinion , which stated that: The pregnancy was at 28 w...

Background of the Case The Supreme Court of India, in a significant rights-based judgment, has categorically held that the right to menstrual hygiene forms an intrinsic part of the right to life and dignity under Article 21 of the Constitution . The ruling was delivered by a Bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan while deciding a writ petition seeking directions to the Union of India and States to ensure free sanitary pads and separate toilets for girl students (Classes 6 to 12) in government-aided schools. The Court expanded the scope of constitutional guarantees by linking menstrual health, dignity, equality, privacy, and access to education into a single enforceable rights framework. Core Constitutional Questions Before the Court The Bench framed and conclusively answered the following constitutional questions: Whether the absence of gender-segregated toilets violates Article 14 (Right to Equality) Whether denial of access to menstrual hygiene products v...

Introduction Chief Justice of India Justice Surya Kant has delivered a powerful reminder of the constitutional promise of timely justice, warning that delay does not merely deny justice but destroys it altogether . Speaking at the Fali Nariman Memorial Lecture , organised by the Bombay Bar Association , the Chief Justice underscored the pivotal role of High Courts under Article 226 in ensuring meaningful access to justice for ordinary citizens. His remarks come at a time when mounting judicial arrears, procedural complexity, and geographical barriers continue to undermine the lived experience of constitutional rights. Context of the Address: The Fali Nariman Memorial Lecture The lecture, titled “The Sentinel on Qui Vive: Article 226 as the Guardian of Access to Justice” , was delivered in Mumbai and focused on the constitutional architecture that places High Courts as the first and most effective protectors of individual liberty. Justice Surya Kant’s address was both reflective and r...

 Introduction The recent grant of parole to Priya Seth , a life-term convict in the infamous Jaipur “Tinder suitcase murder” case , to solemnise her marriage has reignited a nationwide debate on criminal justice, victims’ rights, prison reforms, and the limits of parole jurisprudence. The case presents a disturbing intersection of digital-era crime , heinous murder , and constitutional protections afforded even to convicted prisoners . This article examines the incident through the lens of relevant statutes, constitutional provisions, and judicial precedents , while situating the controversy within India’s evolving prison and parole framework. Factual Background of the Crime In early 2018, Dushyant Sharma , a 27-year-old aspiring businessman, matched with Priya Seth on the dating application Tinder. Their online interactions spanned weeks, fostering trust and emotional familiarity. Unbeknownst to Sharma, Priya was cohabiting with Dikshant Kamra , burdened by debts exceeding ₹21 la...

Introduction The Supreme Court of India has expressed serious concern over the alarming rise of so-called “digital arrest” frauds, particularly highlighting how even highly educated and experienced senior citizens are falling prey to sophisticated cyber scams. The court’s observations came while issuing notice on a petition filed by a 78-year-old former banker who lost more than ₹23 crore after being impersonated and coerced by fraudsters posing as law enforcement officials. The case underscores systemic vulnerabilities in banking safeguards, cybercrime response mechanisms, and public awareness, prompting the apex court to intensify its scrutiny of institutional accountability. Background of the Case The observations arose from a petition filed by Naresh Malhotra , a 78-year-old former banker, who was allegedly defrauded in September last year in what is being described as the largest reported “digital arrest” fraud in India so far , involving losses exceeding ₹23 crore. Malhotra claim...

I. Background of the Supreme Court Directions The Supreme Court of India has directed all States and Union Territories to frame and notify comprehensive media briefing policies for criminal cases within three months . The objective of the direction is to prevent media trials , protect the fairness of investigations , and safeguard the dignity and privacy of victims, witnesses, and accused persons . The direction was issued by a Bench comprising Justice M.M. Sundresh and Justice N. Kotiswar Singh , while dealing with a long-pending public interest litigation filed by the People’s Union for Civil Liberties (PUCL) in 1999 . The PIL highlighted the absence of structured guidelines governing police encounters and police communication with the media , especially during ongoing criminal investigations. Despite earlier judicial interventions and executive advisories, the Court noted that States had failed to demonstrate adequate seriousness in regulating police briefings, resulting in repeated...

Background of the Case The Supreme Court of India has reserved its judgment on a petition seeking permission for passive euthanasia of Harish Rana , a 31-year-old man who has remained in a permanent vegetative state (PVS) for over a decade. The case has emerged as a potential first instance of judicially sanctioned passive euthanasia in India , where the Supreme Court may operationalise the legal framework laid down in its landmark Common Cause v Union of India (2018) judgment. A bench comprising Justice JB Pardiwala and Justice KV Viswanathan heard the matter, repeatedly acknowledging the ethical, moral, and constitutional dilemmas involved in adjudicating questions of life and death. Medical History and Present Condition of the Patient Harish Rana, a former student of Panjab University , suffered catastrophic head injuries in 2013 after falling from the fourth floor of his paying guest accommodation. Since the accident: He has remained completely unresponsive He is bedridden a...

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...

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...

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...

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...