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Showing posts with the label Judiciary

Tamil Nadu Governor vs Stalin Government: A Constitutional Confrontation Explained

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I. Introduction The prolonged standoff between Tamil Nadu Governor R N Ravi and the DMK-led government under Chief Minister M K Stalin has once again come into sharp focus following the Governor’s walkout from the Tamil Nadu Legislative Assembly . What appears on the surface as a disagreement over speeches and protocol raises deeper constitutional questions about the role of Governors in India’s federal structure , the limits of their discretion , and the authority of elected state governments . II. Background of the Conflict The conflict between the Governor and the state government has not emerged overnight. It has evolved over several years, manifesting through disputes over: The Governor’s Assembly address Delay or refusal to grant assent to Bills Public comments by the Governor on governance issues Alleged interference by the Union government via Raj Bhavans The friction became visibly public when Governor Ravi walked out of the Assembly , refusing to read the full government-ap...

Supreme Court to Examine Scope of Citizenship Law for India-Born Children of Foreign Nationals

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Background of the Case The Supreme Court of India has agreed to examine a significant question concerning the interpretation of India’s citizenship law: whether children born in India to foreign nationals can be granted citizenship through a liberal interpretation of statutory provisions , particularly where denial would result in statelessness. The issue arose from a petition filed by Rachita Francis Xavier , an 18-year-old woman born and raised in Andhra Pradesh , whose parents were United States citizens at the time of her birth but were Overseas Citizens of India (OCI) cardholders residing lawfully in India. A Bench comprising Justice JB Pardiwala and Justice KV Viswanathan issued notice to the Union Government on January 8 , and the matter is listed for further hearing on January 30 . Factual Matrix Rachita Francis Xavier was born in 2006 in Andhra Pradesh. Her parents were originally Indian citizens but later acquired US citizenship —her father in 2001 and her mother in 2005...

Seeking Voice Sample for Call Matching Not a Rights Violation: Delhi High Court Clarifies Scope of Self-Incrimination and Privacy

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Case Title / Label Delhi High Court — Moin Akhtar Qureshi vs CBI Order Date — 24 December 2025 Bench — Justice Neena Bansal Krishna Issue — Whether compelling an accused to provide a voice sample violates Article 20(3) (Right Against Self-Incrimination) or Right to Privacy Background of the Case The case arose from a petition filed by businessman Moin Akhtar Qureshi , who challenged a trial court’s order directing him to provide a voice sample to the Central Bureau of Investigation (CBI). The background facts include: The Income Tax Department intercepted several calls allegedly linked to Qureshi between October 2013 and December 2013 The calls reportedly suggested he was acting as a middleman for public servants The CBI registered a case in 2017 under: Indian Penal Code Prevention of Corruption Act During investigation, the trial court ordered Qureshi to provide voice samples for comparison with intercepted conversations. Qureshi challenged the order before the Delhi High Court. Gr...

Allahabad High Court Acquits Man After 24 Years in Jail: Conviction Based Solely on Section 313 CrPC Admission Held Unconstitutional

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Case Background and Procedural History The Allahabad High Court has set aside the conviction of Azad Khan, who had spent nearly 24 years in prison following a life sentence awarded in 2002 in connection with a dacoity case. The trial court had convicted him under Section 395 (dacoity) and Section 397 (robbery or dacoity with attempt to cause death or grievous hurt) of the Indian Penal Code, solely on the basis of his admission recorded during his statement under Section 313 of the Code of Criminal Procedure (CrPC). The conviction arose from allegations that in the year 2000, the appellant, along with 10–15 unidentified miscreants, allegedly entered the complainant’s residence, assaulted family members, looted valuables, and opened fire, injuring three persons. Conviction Based Solely on Section 313 CrPC Admission — Judicial Scrutiny The Division Bench comprising Justice JJ Munir and Justice Sanjiv Kumar observed that the trial court had erroneously premised the conviction exclusively o...

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 ....

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...

Himachal Pradesh High Court Warns Sukhu Government: Release ₹10 Crore or Face Contempt Action

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The Himachal Pradesh High Court has issued a stern warning to the Sukhvinder Singh Sukhu-led state government for failing to release essential judicial funds, threatening to initiate contempt proceedings if ₹10 crore is not deposited with the High Court by November 13, 2025 . Judicial Reprimand Over Financial Neglect A Division Bench comprising Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma took serious note of the non-release of funds since September 2025 , observing that the continued financial neglect is “disrupting the normal functioning of the courts” . The Bench directed the Finance Secretary to personally appear before the Court with a bank draft of ₹10 crore payable to the Registrar General of the High Court . The order explicitly warned that failure to comply would result in the issuance of a contempt notice . The court stated: “Let the Secretary (Finance) come present in this Court along with necessary draft of ₹10 crore, in favour of the Registrar Ge...

Fugitive Mehul Choksi Moves Belgian Supreme Court Against Extradition to India

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Background of the Case Fugitive diamantaire Mehul Choksi , wanted in India for his alleged involvement in the multi-crore Punjab National Bank (PNB) fraud case , has filed an appeal before the Belgian Supreme Court (Court of Cassation) challenging the Antwerp Court of Appeals’ decision to extradite him to India. Choksi, who has been lodged in a prison in Antwerp since his arrest in April 2024 , approached the Belgian Supreme Court on October 30, 2024 , after the appellate court approved India’s extradition request based on charges filed by the Central Bureau of Investigation (CBI) . Antwerp’s Attorney General Ken Witpas confirmed that the appeal is strictly limited to legal issues and that execution of the extradition order is suspended until the Belgian Supreme Court delivers its ruling. The Antwerp Court’s Extradition Order On October 17, 2024 , the four-member Chamber of Accusation (Charging Chamber) at the Antwerp Court of Appeals ruled in favor of India’s request for e...

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...