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Showing posts with the label Human Rights

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...

DELHI HIGH COURT RESTRAINS CENTRE FROM BULLDOZER ACTION AT AJMER SHARIF DARGAH

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Introduction In a significant ruling reinforcing the primacy of natural justice and procedural fairness, the Delhi High Court has restrained the Central Government from demolishing structures in and around the historic Ajmer Sharif Dargah without giving affected individuals an opportunity to be heard. The order came while hearing a petition challenging a November 22, 2025 notice issued by the Centre-appointed Nazim directing removal of alleged encroachments inside the Dargah premises. The court categorically observed that the Centre “cannot just go with a bulldozer and raze everything” without following due process. This judgment adds to the growing judicial scrutiny of arbitrary demolitions and underscores the constitutional obligation to ensure fairness even in matters involving encroachments and security considerations. “YOU JUST CAN’T GO WITH A BULLDOZER…” – COURT’S STRONG OBSERVATION Judicial Concern Over Vague Notice Justice Sachin Datta remarked that the November 22 no...

Supreme Court May Frame Sensitivity Norms for Courts Handling Sexual Assault Cases

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The Supreme Court of India has expressed serious concern over the lack of sensitivity shown by several courts in cases involving sexual assault victims. Taking suo motu cognisance of an “insensitive and inhuman” judgment of the Allahabad High Court from March 2024, the Supreme Court has indicated that it may introduce comprehensive, gender-sensitive procedural guidelines applicable across all courts in the country. Background: Allahabad High Court’s Controversial March 17 Judgment The controversy began with a March 17 ruling of the Allahabad High Court which held that grabbing a minor girl’s breasts, breaking the string of her pyjama, and attempting to drag her under a culvert did not amount to an attempt to rape. The High Court downgraded the charge from attempt to rape to Section 354B IPC and certain POCSO provisions, claiming that the act had not progressed sufficiently to constitute an attempt. The Supreme Court immediately suspended this ruling, calling it “unfortunate”, “inse...

Bombay High Court Acquits Nigerian National in NDPS Case: A Detailed Legal Examination of Procedural Violations Under Section 52A

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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 ....

Pregnant Sunali Khatun Returns to India After Supreme Court Intervention

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A Case Highlighting Deportation Procedures, Migrant Rights, and Constitutional Protections Background: Deportation of a Pregnant Woman Sparks National Debate In June 2024, Sunali Khatun, a pregnant resident of Birbhum, West Bengal, and her eight-year-old son were detained in Delhi on suspicion of being illegal Bangladeshi immigrants. On June 24, both were deported to Bangladesh along with her husband and members of another migrant worker family. Their deportation was carried out on the direction of the Foreigner Regional Registration Office (FRRO) Delhi. On June 26, the Border Guard Bangladesh (BGB) arrested the deported families under the Control of Entry Act for entering Bangladesh without valid documents. This incident triggered political tensions between the Trinamool Congress (TMC) and the Bharatiya Janata Party (BJP), especially with the 2026 West Bengal elections approaching. Supreme Court’s Humanitarian Intervention Two days before Sunali’s return, the Supreme Court of ...

Supreme Court Calls 16-Year Delay in Acid Attack Case a ‘National Shame’

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The Supreme Court of India has issued a sharply worded order addressing a shocking 16-year delay in an acid attack case pending in Delhi. Terming the prolonged pendency a “national shame,” the Court has directed all High Courts to furnish updated information on all pending acid attack trials within four weeks. The order emerged during the hearing of a PIL filed by acid attack survivor Shaheen Malik , whose own case registered in 2009 remains unresolved in a Rohini court. Background of the Case During the hearing before a Bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi , the Court expressed deep anguish over the systemic delays plaguing acid attack trials. The judges highlighted the disturbing fact that a survivor like Malik has waited 16 years for justice, calling such delays a mockery of the criminal justice system. The Court emphasised that when such delays occur even in the national capital, they reflect a nationwide systemic failure. The Bench issued notices...

Supreme Court Affirms: Divorced Muslim Woman Has a Right to Recover Dower, Dowry and Gifts

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The Supreme Court of India has delivered a landmark ruling reinforcing the financial rights, dignity and constitutional protections of divorced Muslim women. In a significant judgment, the Court held that a Muslim woman is legally entitled to recover all property, cash, gold and other articles given to her or her husband by her family at the time of marriage. This decision strengthens the interpretation of the Muslim Women (Protection of Rights on Divorce) Act, 1986, ensuring that divorced women are not denied their rightful property due to patriarchal norms or narrow statutory interpretation. Items Given at Marriage Are the Woman’s Property The Supreme Court categorically stated that all items given by the woman’s family to the groom’s side—whether in the form of dower (mehr), dowry, or gifts—must legally be treated as the woman’s property. The bench, comprising Justices Sanjay Karol and N. Kotiswar Singh, held that after the dissolution of marriage, these items must be returned ...

Delhi High Court Transfers 2017 Death Case to CBI: Strong Remarks on Delhi Police’s “Myopic” Probe

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The Delhi High Court has delivered a significant ruling in a 2017 unnatural-death case involving a 23-year-old hotel manager, Arnav Duggal. The court sharply criticised the Delhi Police for a “lackadaisical” and “myopic” investigation and transferred the matter to the Central Bureau of Investigation (CBI). This article explains the facts, court’s findings, statutory basis, constitutional principles, and judicial precedents relevant to this case. Background of the Case Death of Arnav Duggal in 2017 Arnav Duggal, aged 23, employed as a manager at a luxury hotel, was found dead in a flat in 2017. The only person present at the time of his death was a woman with whom he was allegedly in a relationship. The Delhi Police, from the very beginning, treated the death as suicide. Petition Filed by the Mother Allegation of Faulty Investigation Arnav’s mother approached the Delhi High Court seeking transfer of the investigation from Delhi Police to the CBI. She argued: The police pre...

Calling Failed Relationships Rape Trivialises the Offence: Supreme Court

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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...

Nithari Killings: Surendra Koli Walks Free After 18 Years – A Legal and Constitutional Analysis

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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...

Indian-Origin Couple Penalised for Enslaving Domestic Worker in Australia: A Legal Analysis

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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...