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Showing posts with the label Judicial Accountability

“Temples of Justice Cannot Become Fertile Ground for Corruption”: Supreme Court Sends Strong Signal on Judicial Probity

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Background of the Case The Supreme Court of India delivered a stern message on judicial integrity while dismissing a challenge to an order passed by the Allahabad High Court concerning the forcible eviction of a woman and her three minor children from their residence in Siddharthnagar district, Uttar Pradesh. The eviction was carried out on the basis of an ex parte civil court injunction , allegedly obtained through the influence of a district court employee , raising serious concerns of collusion between judicial officers and court staff . The apex court categorically observed that courts cannot become breeding grounds for corruption , as such acts strike at the core of public confidence in the justice delivery system. Supreme Court’s Observations on Judicial Corruption A Bench led by Chief Justice of India Surya Kant refused to interfere with the Allahabad High Court’s directions, stating unequivocally: “Temples of justice cannot be allowed to become fertile ground of corrupt activ...

Victim Safety the Ultimate Test for Bail in POCSO Cases: Supreme Court Cancels Bail in UP Gangrape Case

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Supreme Court Reasserts Victim-Centric Approach in POCSO Bail Jurisprudence The Supreme Court has once again underscored that victim safety and the integrity of the trial process must override all other considerations while deciding bail under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) . In a significant judgment delivered on Friday, the Court cancelled the bail granted to an accused in a 2024 gangrape case involving a minor, holding that the Allahabad High Court’s order suffered from “manifest perversity” . The ruling reinforces the heightened statutory rigour applicable to sexual offences against children and clarifies that prolonged incarceration or delay in trial cannot be mechanically invoked to grant bail in grave POCSO offences . Factual Background of the Case The case arises from an alleged gangrape of a 16-year-old girl in Shamli district, Uttar Pradesh , on December 1, 2024 . An FIR was registered the following day at the Shamli police station. Acc...

SUPREME COURT HOLDS THAT FEAR CANNOT OVERRIDE JUDICIAL DISCRETION IN BAIL MATTERS — MAJOR RULING PROTECTING TRIAL JUDGES

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CASE BACKGROUND — DISMISSAL OF A DISTRICT JUDGE FOR GRANTING BAIL IN EXCISE CASES The Supreme Court set aside the dismissal of Nirbhay Singh Suliya , former Additional District & Sessions Judge, Khargone (Madhya Pradesh), who was removed from service in 2014 on allegations of: exercising judicial discretion improperly in bail orders under the MP Excise Act showing alleged “double standards” in granting or denying bail The disciplinary action was initiated after a complaint was filed in 2011 alleging corruption and irregularity in bail orders relating to seized liquor quantities above 50 bulk litres. An enquiry was conducted under the Madhya Pradesh Civil Services (Classification, Control & Appeal) Rules, 1966 , resulting in his dismissal, which was affirmed by the Madhya Pradesh High Court in July 2024. The officer challenged this before the Supreme Court. SUPREME COURT’S CENTRAL OBSERVATION — “FEAR CANNOT CONTROL JUDICIAL DISCRETION” Bench: Justice JB Pardiwala Justice KV Visw...

Burnt-Cash Recovery Case

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What Is Justice Yashwant Varma Challenging Before the Supreme Court? Introduction The controversy surrounding the alleged recovery of burnt cash and the initiation of removal proceedings against Justice Yashwant Varma , Judge of the Allahabad High Court (formerly of the Delhi High Court), has now entered a crucial constitutional phase. Two weeks after a three-member Joint Inquiry Committee issued a notice seeking his response to corruption allegations, Justice Varma has approached the Supreme Court of India , challenging the very legality and constitution of the Inquiry Committee . The matter is scheduled for hearing on January 7 , just days before the Committee is expected to receive Justice Varma’s response, making the outcome of this challenge institutionally significant. Background of the Removal Proceedings Removal proceedings against Justice Varma were triggered after motions for impeachment were submitted in both Houses of Parliament on the same day , under the Judges (Inquiry)...

Centre Tells Supreme Court It Cannot Probe Graft Allegations Against Arunachal CM Pema Khandu

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Background of the Case The Union government has informed the Supreme Court of India that it cannot investigate corruption and nepotism allegations against Arunachal Pradesh Chief Minister Pema Khandu , as the matter pertains to state jurisdiction. The Centre clarified that issues concerning the Code of Conduct for Ministers and public procurement rules fall within the state government’s domain , not the Centre’s. The statement came in response to a Public Interest Litigation (PIL) filed by two non-profit organisations — Save Mon Region Foundation and Voluntary Arunachal Sena — seeking a probe into alleged irregularities in the award of public contracts to firms linked to Khandu’s family members. The Petition and Allegations The petitioners accused Chief Minister Pema Khandu , his father’s second wife Rinchin Drema , and his nephew Tsering Tashi of benefitting from public contracts awarded by the Arunachal government. They alleged that such actions violated: The Code of ...

Bombay High Court Orders Transfer of 10,000 Hectares of Mangrove Land to Forest Department

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The Bombay High Court has issued a significant environmental directive, ordering six district administrations in the Konkan region — Mumbai City, Mumbai Suburban, Thane, Palghar, Raigad, and Sindhudurg — to transfer 10,000 hectares of mangrove land to the Maharashtra Forest Department within two months . The order, passed by a division bench comprising Justice Revati Mohite-Dere and Justice Sandesh Patil , came in response to a contempt petition filed by the Mumbai-based NGO Vanshakti in 2018 . The case underscores the persistent failure of local administrations to implement earlier court orders aimed at protecting the state’s vital mangrove ecosystems. Background of the Case The petition by Vanshakti , an environmental NGO, was filed after the state failed to comply with the Bombay High Court’s 2018 directions mandating the transfer of mangrove lands to the forest department’s mangrove cell for protection. According to Vanshakti, although 4,000 hectares of mangrove land ...

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...

Himachal High Court Bans Use of Temple Funds for Government Welfare Schemes

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In a significant ruling reinforcing the separation of religion and state finances, the Himachal Pradesh High Court has prohibited the state government from utilising temple donations for public welfare or non-religious schemes. The decision, delivered by a Division Bench of Justice Vivek Singh Thakur and Justice Rakesh Kainthla , marks an important precedent for protecting religious endowments and ensuring accountability in temple administration. The Case: Petition for Transparency and Religious Autonomy The order came while disposing of a petition filed by Kashmir Chand Shadyal , who sought strict compliance with the Himachal Pradesh Hindu Public Religious Institutions and Charitable Endowments Act, 1984 . The petitioner raised concerns that donations made by devotees to temples were being diverted toward general government welfare schemes — a move that, he argued, violated both the intent of the Act and constitutional principles protecting religious freedom. The court agreed, ru...

Nithari Killings: Families Lose Faith as Supreme Court Hints at Acquittal of Surendra Koli

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Nearly two decades after one of India’s most horrifying crime sprees shocked the nation, the families of the Nithari victims have once again been gripped by despair. As the Supreme Court reserved its verdict in the last pending case against Surendra Koli , one of the two main accused, its remarks suggesting that upholding his conviction would be a “travesty of justice” have reignited old wounds in Noida’s Nithari village . Families React: ‘We Have Lost All Hope’ For the families who lost their children in the 2006 Nithari killings , the recent court developments have reopened painful memories. A 63-year-old father , whose 10-year-old daughter’s remains were recovered from the now-infamous D-5 bungalow in Sector 31 , said: “My daughter went missing while returning from school. Since then, I fought for justice, selling everything I had. But now, we have lost all faith. Only God can punish the killers of my child.” His wife added that she had foreseen the collapse of the case wh...
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In a matter closely watched by legal and constitutional experts, the Supreme Court of India has reserved its verdict in the case concerning Justice Yashwant Varma, addressing the interplay between internal judicial inquiries and Parliament's powers to initiate impeachment proceedings.