LawLoveLegal

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...

Courts Cannot Recall Signed Orders Except for Clerical Errors I. Background of the Case In a rare and procedurally significant ruling, the Supreme Court of India restored anticipatory bail granted to an accused in a narcotics case after holding that the Patna High Court acted without jurisdiction in recalling a bail order that had already been signed. The case highlights a critical question of criminal procedure: Can a court undo a signed judicial order because of an internal staff error? The Supreme Court answered with a clear no . II. FIR and Allegations Under NDPS Act The case originated from an FIR registered in October 2024 in Vaishali district, Bihar , under provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) . Key Allegations: 6.33 kg of ganja was allegedly recovered from a co-accused During interrogation, the co-accused claimed that the contraband was meant to be delivered to Rambali Sahni No recovery was made from Sahni S...

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...

Introduction The Bombay High Court has acquitted Nigerian national Mathew Okako Okofor , who spent over eight years in custody under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The Court overturned his 2022 conviction after finding that the mandatory procedure for sampling seized narcotics—as required under Section 52A of the NDPS Act —was not followed by the investigating agency. This ruling reinforces the judiciary’s insistence on strict compliance with procedural safeguards in NDPS cases, given the stringent punishments involved. Case Background and Arrest Circumstances of Arrest On August 2017 , the Anti-Narcotics Cell’s Azad Maidan Unit arrested Okofor near the Dongri Bridge at Wadi Bunder, Mumbai. According to police officers: Five Nigerian nationals were seen standing near the bridge “suspiciously”. Four escaped; Okofor was apprehended. A rexine bag in his possession allegedly contained a packet of white powder , identified as mephedrone ....

The Supreme Court of India has reiterated an important legal and societal principle: not every failed or emotionally strained relationship can be criminalised as rape . In a significant judgment, a bench of Justices BV Nagarathna and R. Mahadevan quashed an FIR and charge sheet accusing a Maharashtra-based lawyer of rape and criminal intimidation, holding that the case involved a consensual long-term relationship which later turned bitter. This article examines the factual background, the Court’s reasoning, the legal provisions involved, and the judicial precedents that shaped this landmark ruling. Factual Background of the Case A woman had initially approached the lawyer for assistance in a maintenance case. Over time, the two entered into a long-term intimate relationship spanning nearly three years. The relationship later deteriorated. Subsequently, the woman filed an FIR alleging: Rape under Section 376 IPC Repeated rape under Section 376(2)(n) IPC Criminal intimid...

Introduction Surendra Koli, one of the two men accused in the infamous 2006 Nithari killings, walked out of Luksar Jail on Wednesday evening after 18 years in custody. His release came a day after the Supreme Court acquitted him in the last pending case against him, closing a legal saga that had shocked the nation with allegations of child murders, sexual assault, and even cannibalism. The acquittal marks a crucial moment for India’s criminal justice system, raising questions about flawed investigations, procedural lapses, and wrongful incarceration. Koli’s Release from Luksar Jail Koli, now 49, stepped out of Luksar Jail at 7:16 pm, dressed in a powder-blue shirt, black pants, and a navy jacket. Jail officials, including Superintendent Brijesh Kumar, described him as calm and emotionless upon receiving the release order. No family members were present; only three lawyers accompanied him. During his imprisonment at Luksar Jail, Koli maintained a quiet routine. He woke up at 5:30 a...

Background of the Case In a shocking case of modern-day slavery, an Indian-origin couple — Kandasamy Kannan (61) and Kumuthini Kannan (58) — has been ordered by an Australian court to forfeit the proceeds from the sale of their home and pay AUD 140,000 in combined penalties to the state. This fresh penalty comes in addition to their 2021 conviction for enslaving a woman from India for eight years . The case has drawn widespread attention for highlighting ongoing concerns about human trafficking, domestic servitude, and migrant worker exploitation under the guise of informal employment. Case History: Eight Years of Exploitation According to the Australian Federal Police (AFP) , the couple enslaved a woman who had entered Australia in 2007 on a one-month tourist visa. The victim, a domestic worker from Tamil Nadu , was promised a better life but instead endured eight years of severe physical and emotional abuse . Upon arrival in Melbourne, the couple took the woman’s passpor...

The Parappana Agrahara Central Jail in Bengaluru has once again come under intense scrutiny following the surfacing of videos that allegedly show high-profile inmates freely using mobile phones and watching television within prison premises. The incident has triggered a departmental probe amid serious allegations of security lapses and preferential treatment being extended to certain prisoners. Viral Videos Expose Major Security Breach According to reports, the viral videos circulating on social media show ISIS operative Zuhaib Hameed Shakeel Manna and convicted serial rapist and murderer Umesh Reddy using mobile phones without restriction inside the jail. In one of the clips, Zuhaib Manna — a computer application specialist from Bengaluru — can be seen sipping tea and scrolling through a mobile phone while conversing casually with the person recording the video. As per the National Investigation Agency (NIA) , Manna had been arrested for raising funds and recruiting vulnerab...

Introduction In a significant ruling safeguarding the rights and safety of minors, the Bombay High Court rejected the bail plea of a 28-year-old man from Kharghar , accused of repeatedly sexually assaulting his 11-year-old niece . The judgment underscores the judiciary’s unwavering stance that protection of society and potential victims , especially children, must outweigh the personal liberty of habitual offenders under such serious charges. The bench of Justice Amit Borkar observed that granting bail to the accused would not only “send a wrong message to society” but also endanger the victim’s safety and compromise the integrity of the ongoing trial. Case Background The accused, a married man, was arrested by Panvel City Police for raping his 11-year-old niece , making this his fourth case of child sexual abuse. According to the prosecution, the accused exploited the young girl over several years, beginning when she was just 8 years old . The child’s father was incarcerate...

Introduction: Strengthening the Shield of Liberty In a landmark judgment delivered in Vihaan Kumar v. State of Haryana (2025 INSC 162), the Supreme Court of India reaffirmed one of the most vital constitutional guarantees — the right of every person to be informed of the grounds of arrest . Authored by Justice Abhay S. Oka and Justice Nongmeikapam Kotiswar Singh, the judgment reinforces Article 22(1) of the Constitution and clarifies the procedural obligations of law enforcement agencies during arrest. Case Background The petitioner, Vihaan Kumar , challenged his arrest by the Haryana Police, alleging that he was not informed of the reasons for his detention. He argued that such omission violated his fundamental right under Article 22(1) of the Constitution and Section 50 of the Code of Criminal Procedure (CrPC) , which together safeguard a person’s liberty during the process of arrest. The respondent State maintained that the arrest was legally conducted and that the petitio...

Delhi High Court: Video Recording of Bail Proceedings Mandatory Under SC/ST Act, Even in Sexual Offence Cases In a landmark ruling, the Delhi High Court held that video recording of bail proceedings under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is mandatory, even in cases involving sexual offences. The ruling was issued by Justice Vikas Mahajan while hearing the bail application of Laxmi Narayan, the accused in a highly sensitive Delhi minor rape and murder case. The case involved provisions from the Indian Penal Code (IPC), the Protection of Children from Sexual Offences (POCSO) Act, and the SC/ST Act. Section 15A(10) of the SC/ST (Prevention of Atrocities) Act, 1989 The primary focus of the judgment was on Section 15A(10) of the SC/ST Act, which mandates that all proceedings under the Act, including bail hearings, must be video recorded. This provision is in place to protect the rights of victims, especially those belonging to marginalized commu...