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Showing posts with the label Judiciary

Delhi High Court: No Law Student Can Be Barred from Exams for Lack of Attendance

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In a landmark ruling that addresses the mental health and academic rights of students, the Delhi High Court has held that no law student across India can be prevented from appearing for examinations on the ground of attendance shortage. The decision comes nearly nine years after the tragic death of Sushant Rohilla , a law student who died by suicide in 2016 after being barred from sitting for his semester exams due to insufficient attendance. Background: The Sushant Rohilla Case and Judicial Intervention In August 2016 , Sushant Rohilla , a third-year law student at Amity Law School, Delhi , took his own life after being denied permission to sit for his semester exams. His death raised serious questions about the rigidity of attendance norms and their impact on students’ mental health. Following the incident, a suo motu petition was initiated by the Supreme Court of India in September 2016 to examine the broader issue of attendance-related restrictions in law colleges. In March...

Rape Allegation, Police Standoff & Doctor’s Suicide in Maharashtra – Legal Lens

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Case Background A 29-year-old contractual government doctor posted in Satara’s Phaltan region was found hanging in a hotel room on the night of her death. A note left on her palm, written in Marathi, alleged that she had been raped four times by the Phaltan City Police Station sub-inspector Gopal Badane and harassed by her landlord’s son Prashant Bankar for five months. Both the accused have been arrested. Key Revelations Relationship with Accused (Prashant Bankar): Investigators found evidence of a months-long relationship between the doctor and Prashant Bankar (landlord’s son and software engineer). Call and chat records show more than 150 calls since January of the year. Marriage Proposal & Emotional Fallout: The doctor reportedly proposed marriage; Bankar refused, claiming he considered her a sister. This allegedly led to emotional escalation and frequent arguments. Rape Charge against Police Officer: The suicide note named sub-inspector Gopal Badane, alleging h...

J&K CM Omar Abdullah Considers Joining Statehood Plea in Supreme Court: Legal, Constitutional, and Political Implications

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The ongoing debate over Jammu & Kashmir’s restoration of statehood has taken a significant turn as Chief Minister Omar Abdullah announced that he is exploring the possibility of becoming a party to the petitions pending before the Supreme Court . The top court is currently hearing multiple pleas seeking the reinstatement of Jammu and Kashmir’s statehood, which was revoked on August 5, 2019 , following the abrogation of Article 370 and the bifurcation of the state into two Union Territories (J&K and Ladakh) . Supreme Court Proceedings on Statehood Restoration On October 10, 2025 , the Supreme Court of India granted the Centre four weeks to file its response in the ongoing hearings related to the restoration of Jammu and Kashmir’s statehood. The petitions argue that the prolonged Union Territory status undermines federalism , representative democracy , and constitutional autonomy once guaranteed under Article 370 and Article 35A of the Constitution. Chief Minister Oma...

Madras High Court Directs Air India to Pay ₹35,000 Compensation for Serving Contaminated Meal

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The Madras High Court has directed Air India Limited to compensate a passenger with ₹35,000 after he suffered vomiting sensations and stomach pain from consuming a meal that contained a strand of hair . The ruling reinforces the principle that airlines are liable for negligence in services provided to passengers, even when outsourced to third-party caterers. Background of the Case The case arose when a passenger onboard an Air India flight consumed food supplied by the airline, only to find a hair follicle in the meal. The passenger experienced immediate nausea, vomiting, and stomach pain, and subsequently lodged a complaint upon landing. The trial court had earlier directed Air India to pay ₹1 lakh in damages for negligence. Air India appealed against this decision, arguing that the food was prepared by an external caterer — Ambassador Pallava Hotel — and that the airline itself could not be held directly responsible. Court’s Observations and Findings Justice P. B. Ba...

Supreme Court Orders ₹25 Lakh Compensation for Over-Incarceration in Madhya Pradesh

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Compensation for Prolonged Detention The Supreme Court of India has ordered the state of Madhya Pradesh to pay ₹25 lakh compensation to a man who remained in prison for over four years and seven months beyond his lawful sentence . The ruling was delivered by a bench comprising Justice JB Pardiwala and Justice KV Viswanathan .

Supreme Court Weighs Constitutional Limits on Setting Timelines for Governors and the President

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The Supreme Court of India is currently deliberating a significant constitutional question: whether it can prescribe fixed timelines for Governors and the President to act on state bills, despite the Constitution’s explicit language requiring them to act only “as soon as possible.” Background: The Presidential Reference under Article 143 The issue stems from an April 8 ruling by a two-judge bench of the Supreme Court that imposed deadlines — three months for the President to decide on bills and one month for governors to act on re-enacted bills. The judgment sparked intense debate, leading to a Presidential Reference under Article 143 . The reference, sent by President Droupadi Murmu in May, places 14 questions before the Court, including whether judicially crafting procedural rules where the Constitution is silent amounts to rewriting constitutional provisions . The matter is being heard by a five-judge constitution bench led by Chief Justice Bhushan R. Gavai , with Justic...

Delhi HC Upholds CAT Order to Promote IRS Officer Sameer Wankhede to Joint Commissioner

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The Delhi High Court has upheld the Central Administrative Tribunal’s (CAT) December 2024 order, directing the Centre to promote Indian Revenue Service (IRS) officer Sameer Wankhede to the post of Joint Commissioner (JC) of Customs and Indirect Taxes , provided he is found eligible by the Union Public Service Commission (UPSC). Background: Wankhede’s Role in Aryan Khan Drug Case Sameer Wankhede, a 2008-batch IRS officer, served as the Zonal Director of the Narcotics Control Bureau (NCB) in Mumbai and gained national attention in October 2021 when he supervised the high-profile arrest of Aryan Khan , son of Bollywood superstar Shah Rukh Khan , in a drugs-on-cruise case. However, in July 2023 , Wankhede himself came under scrutiny after the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) initiated probes into allegations that he demanded a ₹25 crore bribe from Shah Rukh Khan in exchange for not implicating Aryan Khan in the case. Sealed Cover Proc...

Centre Argues States Cannot Approach SC Over Governors’ Delay in Bill Assent

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The ongoing constitutional debate on the powers of governors and the President regarding pending state bills took a sharp turn as the Union government argued before the Supreme Court that states have no legal right to approach the top court under Article 32 to allege violation of their rights due to delayed or withheld assent. This submission came during the hearing of President Droupadi Murmu’s Article 143 reference in May, which seeks clarity on the April 8 Supreme Court ruling that prescribed timelines for the President and governors to act on pending bills. Key Arguments from the Union Government Appearing before a five-judge Constitution Bench led by Chief Justice of India Bhushan R Gavai , Solicitor General (SG) Tushar Mehta asserted that: States Cannot Claim Fundamental Rights The Constitution confers fundamental rights on citizens and individuals, not governments. A state is “the State” as defined under Article 12 and is a repository of duties , not a hold...

Horror of Crime Not Enough for Death Penalty: Supreme Court’s Emphasis on Fair Process and Constitutional Safeguards

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The Supreme Court of India, in a significant ruling, has reiterated that the gravity of a crime alone is insufficient to impose the death penalty unless the judicial process leading to the sentencing is scrupulously fair, transparent, and in strict compliance with constitutional safeguards . This judgment, delivered in the case involving death row convict Vasant Sampat Dupare , is a reminder of India’s strong constitutional framework that upholds life, dignity, and justice , even for those convicted of heinous crimes. The Fragility of the Death Penalty System A bench of Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta emphasized the irreversible nature of capital punishment and the risk of wrongful convictions. The judgment pointed out that investigations in India often rely on confessions extracted under opacity, contested recoveries, and forensic material of doubtful rigor , which when coupled with an overburdened trial system, increases the risk of errors. “A Constituti...

Justice Sanjiv Khanna Bids Farewell as the 51st Chief Justice of India

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A Graceful Exit from the Apex Court Justice Sanjiv Khanna , the 51st Chief Justice of India (CJI) , formally retired from office on Tuesday, May 14, 2025 , marking the end of a distinguished judicial career. Known for his clarity, humility, and unwavering commitment to the law, Justice Khanna was given a warm farewell by fellow judges, senior advocates, and members of the Supreme Court Bar Association (SCBA). In his farewell speech, Justice Khanna stated, "This morning, as the robe was hung for the final time, the weight of responsibility lifted from my shoulder... I have no mixed feelings. I am simply happy." Reflections on Judgeship and Responsibility Speaking at the SCBA event, Justice Khanna, now 65, expressed a sense of relief and gratitude , emphasizing the burden that comes with judgeship and the emotional significance of retirement. He shared: "It was only after donning the robes of a judge that I truly understood the weight of the responsibility bes...

Delhi High Court Upholds Life Sentence for Three Convicts in Rohini Murder-Dacoity Case

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Delhi High Court Upholds Life Sentence for Three Convicts in Rohini Murder-Dacoity Case The Delhi High Court has upheld the life sentence awarded to three individuals convicted for the murder of a woman during a dacoity in her house in July 2012 in the Rohini area . However, the court modified their sentences to run concurrently instead of consecutively . The judgment was passed by a division bench comprising Justices Prathiba M Singh and Amit Sharma on February 6, 2025 . The court dismissed the appeals challenging the conviction while modifying the sentencing structure. High Court Modifies Sentences but Upholds Conviction The trial court in Rohini had convicted Rajesh alias Tinku, Ravinder alias Tunda, and Rusy alias Surender for murder, trespass, and dacoity under various sections of the Indian Penal Code (IPC) . 🔹 The High Court upheld the conviction but ruled that their sentences should run concurrently instead of consecutively . 🔹 The decision was influenced by...

Delhi High Court Directs Police to File Status Report on Devangana Kalita’s Plea in Delhi Riots Case

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Delhi High Court Directs Police to File Status Report on Devangana Kalita’s Plea in Delhi Riots Case The Delhi High Court has instructed the Delhi Police to submit a status report on a plea filed by Devangana Kalita , seeking access to protest videos recorded at Jafrabad in connection with the Delhi riots case . The order was issued by Justice Sanjeev Narula , following submissions made by Advocate Adit S. Pujari on behalf of Kalita. The court has scheduled the next hearing for April 23, 2025 . Kalita’s Plea: Demand for Video Footage from Delhi Police Kalita’s legal team argues that: 🔹 Selective video evidence has been used by the prosecution while not providing the full video recordings to the accused. 🔹 The videos will prove that the protest at Jafrabad was peaceful and counter the allegations against her. 🔹 Seizure memos list these videos as evidence, yet they have not been shared with the defense despite four years passing since the incident. Delhi Police’s St...

Delhi High Court Reserves Order on Pleas Against Movie Based on 2020 Delhi Riots

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Delhi High Court Reserves Order on Pleas Against Movie Based on 2020 Delhi Riots Reserves Judgment After Detailed Hearing The Delhi High Court on Friday reserved its judgment on three petitions challenging the release of a film reportedly based on the 2020 northeast Delhi riots. The bench, comprising Justice Sachin Datta, thoroughly examined arguments from all involved parties, addressing concerns about the film's potential influence on ongoing legal proceedings and the sensitive nature of the subject matter. Petitioners and Their Concerns The first petition was filed by Sharjeel Imam, an accused in the riots case. The second petition was submitted by five individuals, and the third by Umang, an independent candidate contesting the upcoming Delhi Legislative Assembly elections. The primary concern among petitioners was the portrayal of events in the film and its potential impact on legal and political affairs. Filmmakers' Response and Legal Stand Senior Advocate Jayant Meh...

Rau’s IAS Study Circle Case: Delhi HC Strikes Down ₹2.5 Cr Bail Condition for CEO Abhishek Gupta

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🚨 Rau’s IAS Study Circle Case: Delhi HC Strikes Down  ₹2.5 Cr Bail Condition for CEO Abhishek Gupta ⚖️ In a significant development, the Delhi High Court has set aside the financial condition of depositing ₹2.5 crore for interim bail granted to Rau’s IAS Study Circle CEO, Abhishek Gupta. This case stems from the tragic death of three UPSC aspirants in the basement of the coaching institute in Old Rajender Nagar, Delhi , in July 2024 . 🔴 What’s Next? The trial court will now decide Gupta’s bail plea on its merits , with the hearing scheduled for Friday at Rouse Avenue Court . ⚖️ High Court’s Key Observations Justice Vikas Mahajan overturned the trial court’s condition, citing the Supreme Court’s precedent , which had already removed a similar ₹5 crore condition for the co-accused. 📌 Key Developments: 🔹 The SC had already set aside the ₹5 crore fund creation order for four co-accused co-owners . 🔹 On January 21, 2025 , the Delhi HC granted them regular bail wi...

Delhi Excise Policy PMLA Case: Rs 100 Crore Bribe Allegation and Bail Plea

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Delhi Excise Policy PMLA Case: Rs 100 Crore Bribe  Allegation and Bail Plea The controversy surrounding the Delhi Excise Policy continues to deepen as the Enforcement Directorate (ED) opposes the bail plea of Delhi Chief Minister Arvind Kejriwal. The ED has alleged a demand for a Rs 100 crore bribe, asserting the involvement of Kejriwal in money laundering activities. Bribe Demand and Money Laundering:    The ED has established that a significant amount of money, totaling Rs 100 crore, was demanded as a bribe. This money, according to the ED, was funneled through hawala transactions, with Chanpreet Singh identified as the individual who facilitated these transactions. The ED claims that a substantial amount of this money was given to the Aam Aadmi Party (AAP) in cash and was used to fund a luxurious 7-star hotel stay for Kejriwal. Prosecution's Standpoint: Additional Solicitor General (ASG) S.V. Raju, representing the ED, argued that the Central Bureau of Investigation (C...

Supreme Court Dismisses L&T Plea Over Sharavathi Tendering Process

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Supreme Court Dismisses L&T Plea Over Sharavathi Tendering Process In a recent development, the Supreme Court has rejected the Special Leave Petition (SLP) filed by Larsen & Toubro (L&T), a prominent infrastructure company, challenging the tendering process for the prestigious Sharavathi Pumped Storage project. The decision came on Monday, following a thorough consideration by the bench headed by Chief Justice of India DY Chandrachud. Background and Decision The apex court stated, "We are not inclined to entertain the Special Leave Petition under Article 136 of the Constitution of India," thereby dismissing L&T's plea. L&T had contested the order of the Division Bench comprising Chief Justice NV Anjaria and Justice Krishna S Dixit of the Karnataka High Court. However, their appeal was dismissed by the Supreme Court. Implications for the Sharavathi Project The Sharavathi pumped storage project, a significant hydroelectric initiative, has been the subjec...