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Showing posts with the label Law And Justice

Supreme Court Expands Jurisdiction Under POSH Act: Complaint Can Be Probed at Complainant’s Workplace

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Background of the Case In a significant judgment strengthening workplace safety for women, the Supreme Court of India has clarified that proceedings under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) can be initiated at the workplace of the complainant , even if the accused employee belongs to a different department or employer . The ruling settles a long-standing ambiguity on the jurisdiction of Internal Complaints Committees (ICCs) and rejects the narrow interpretation that only the ICC of the accused employee’s department can inquire into allegations of sexual harassment. Facts of the Case The appellant was a 2010-batch Indian Revenue Service (IRS) officer . The complainant was a 2004-batch Indian Administrative Service (IAS) officer , posted in the Department of Food and Public Distribution . The alleged incident of sexual harassment took place in May 2023 at Krishi Bhawan, New Delhi , a common government workplace. The ...

Bombay High Court Quashes Criminal Negligence Case Against Company MD: No Vicarious Liability Under IPC or BNS

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Introduction In a significant ruling clarifying the scope of criminal liability of corporate executives, the Bombay High Court has held that Indian criminal law does not recognise vicarious liability unless expressly provided by statute . The Court quashed criminal proceedings against the Managing Director and a civil engineer of a construction firm , ruling that criminal negligence cannot be presumed solely based on managerial position . The judgment reinforces a foundational principle of criminal jurisprudence: personal culpability is indispensable for criminal prosecution . Factual Background of the Case Construction Project and Incident Year of Incident : October 2017 Project : Construction of an overbridge at Wardha railway station Contractor : Someshwaraya Infrastructure, owned by Krishna Mandadi , a railway contractor Incident : A pit was dug at the construction site A two-and-a-half-year-old child , son of a labourer working at the site, drowned in the pit According to records...

Supreme Court on ECI’s Powers During Voter Roll Revision: Citizenship Determination vs. Electoral Integrity

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The Supreme Court’s latest observations during the petitions challenging the Special Intensive Revision (SIR) of electoral rolls in Bihar raise important constitutional and statutory questions. The core issue is whether the Election Commission of India (ECI) can inquire into "doubtful citizenship" while revising electoral rolls, without assuming the authority to declare someone a citizen or non-citizen. Issue 1: Court Clarifies ECI Is Not Claiming Power to Determine Citizenship The Supreme Court clarified that the ECI has not claimed any constitutional authority to decide citizenship. The bench noted: ECI’s question is not about declaring someone a citizen or non-citizen, but about whether it can conduct inquisitorial inquiries into doubtful entries during voter roll revision. The bench of CJI Surya Kant and Justice Joymalya Bagchi asked: If an electoral roll has doubtful inclusions, would it not fall within ECI’s constitutional mandate to investigate? This sets th...

Madras High Court Questions Tamil Nadu’s Repeated Failure to Permit Karthigai Deepam Lamp Ritual: Legal, Constitutional, and Political Dimensions

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Introduction The ongoing conflict between the Madras High Court and the Tamil Nadu government over the Karthigai Deepam lamp-lighting ritual at Thiruparankundram hill has intensified. Despite repeated judicial directions, district authorities and police have allegedly prevented devotees from performing the annual ritual atop the ancient Deepathoon lamp pillar. The issue has now escalated to the Supreme Court after the state government challenged the High Court’s orders. This article examines the factual chronology, legal provisions, constitutional questions, and judicial precedents involved, while highlighting the political tensions surrounding the controversy. Background of the Dispute The Deepathoon Lamp Ritual at Thiruparankundram The Thiruparankundram hill in Madurai district is a historically syncretic religious site containing: Arulmighu Subramania Swamy Temple Kasi Viswanathar Temple Sikkander Badusha Dargah For decades, there has been no dispute over the hill...

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...

Reclaim the Night Again: Civil Society Calls for Justice After Durgapur Rape Case

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As outrage over the alleged gangrape of a 23-year-old medical student in Durgapur spreads, civil society groups across West Bengal have announced renewed protests demanding justice and accountability. The “Reclaim the Night Again” campaign — spearheaded by Abhaya Manch , a collective that emerged after the RG Kar Medical College rape-murder case — is set to hold a massive protest on October 14 at 8 PM near Jadavpur 8B Bus Stand in Kolkata. The group’s Women-Trans-Queer United wing has mobilised support from hundreds of participants, including students, writers, and activists, asserting that women and marginalized communities must reclaim public spaces and challenge the culture of silence and impunity surrounding gender-based violence. Voices of Protest and Resistance Activist and writer Satabdi Das , spokesperson for Abhaya Manch, stated that the protest is a continuation of their earlier movement following the RG Kar tragedy in August. “We took to the streets then demanding j...

Who is Chaitanyananda Saraswati? The Self-Styled Godman Accused of Sexual Harassment

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The case of Chaitanyananda Saraswati , also known as Dr Parthasarathy , has once again brought attention to allegations of misconduct by self-styled godmen in India. The 62-year-old monk-turned-educator is accused of sexually harassing students at a Delhi-based management institute and is currently absconding, with a Lookout Circular (LOC) issued against him. The Allegations Against Chaitanyananda Saraswati On August 4, 2025 , the administrator of Sri Sharada Institute of Indian Management (Vasant Kunj, Delhi) filed a complaint against Chaitanyananda Saraswati. Following the complaint, police recorded the statements of 32 students , out of which 17 students accused him of: Sending obscene WhatsApp messages . Using abusive and derogatory language . Making unwanted physical contact . Threatening students with academic failure if they refused his advances. Many of the victims were EWS quota students , allegedly targeted because of their vulnerable position. Some stud...

Malegaon Blast Case: A 17-Year Trial of Pain, Justice & Hope

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“Not only the accused but the victims were also on trial.” These poignant words from Shahid Nadeem, the lawyer representing victims in the 2008 Malegaon blast case, capture the prolonged agony endured by survivors and families of the deceased. As the Mumbai Special NIA Court prepares to pronounce its verdict on July 31, the nation holds its breath — not just for justice, but for closure.

Delhi Court Declines Cognizance in Case Against AAP Leader Somnath Bharti

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Delhi Court Declines Cognizance in Case Against AAP Leader Somnath Bharti Introduction In a significant ruling, the Rouse Avenue Court in Delhi has declined to take cognizance of the charge sheet filed against AAP leader Somnath Bharti and another accused under Section 132 of the Representation of the People Act, 1951 (RP Act). The court ruled that there was insufficient evidence to establish a criminal offense, thereby dismissing the prosecution’s case. This decision comes after an FIR was registered at the South Campus Police Station in May 2024, alleging that Bharti and his associates entered polling locations and recorded poll procedures during the 2024 Lok Sabha elections . Background of the Case FIR & Allegations 🔹 The FIR was lodged based on two complaints from Presiding Officers of Polling Stations-12 & 14 , who alleged that: ✔️ Somnath Bharti and his supporters entered the polling locations while hiding their mobile phones. ✔️ An accused, Anshul , vid...

SC Rules: Only States Can Tax Lotteries – No Service Tax by Centre

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SC Rules: Only States Can Tax Lotteries – No Service Tax by Centre Introduction In a significant verdict , the Supreme Court of India ruled that lottery distributors are not liable to pay service tax to the Central Government . The apex court upheld the Sikkim High Court's 2012 decision , stating that only state governments have the power to impose taxes on lotteries under Entry 62, List II of the Seventh Schedule of the Constitution of India. This ruling brings clarity to the taxation of lotteries , reinforcing the exclusive authority of states over gambling-related activities. The Supreme Court's Judgment Key Observations by the Bench 🔹 The bench of Justices BV Nagarathna & N Kotiswar Singh dismissed the Centre’s appeal, citing that the Finance Act amendments of 2012, 2015, and 2016 , which sought to levy service tax on lottery distributors, were ineffective . 🔹 The SC upheld that the business of lotteries operates on a Principal-to-Principal basis , meani...