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Showing posts with the label Public Accountability

JHARKHAND HIGH COURT FINES WATER RESOURCES DEPARTMENT OFFICIALS FOR FILING “FRIVOLOUS AND BOGUS” REVIEW PETITION

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INTRODUCTION The Jharkhand High Court has imposed a cost of ₹1,00,000 on officials of the State Water Resources Department for filing what it termed a “most bogus and frivolous” civil review petition, observing that the petition was filed with the oblique motive of delaying execution of an arbitral award payable to a Bihar-based construction company, M/s R.K. Construction Private Limited. The Court directed that the fine be paid personally by the concerned officials and deposited with the Jharkhand State Legal Services Authority (JHALSA). CASE BACKGROUND AND ARBITRATION AWARD The dispute arose out of civil works carried out in Jamshedpur under the Subarnarekha Multipurpose Project. The construction company was awarded approximately ₹2.5 crore through arbitration, following a dispute with the Water Resources Department over unpaid dues for executed works. After the arbitral award, the company initiated execution proceedings before the competent court to recover the awarded amount. Durin...

Delhi High Court Discharges School Principal in Student Death Case: A Detailed Analysis

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Delhi High Court Discharges School Principal in Student Death Case: A Detailed Analysis In a significant ruling, the Delhi High Court discharged a government school principal, Rekha Kakkar, in a 2016 case concerning the death of a student due to alleged negligence. This article delves into the legal aspects of the case, the reasoning behind the court's decision, and an explanation of the applicable legal provisions, specifically Section 251 of the CrPC and Section 304A of the IPC . Case Background: What Happened? The tragic incident occurred in a government school in Delhi's Kapashera area in 2016. A four-year-old student died after falling into a septic tank on the school premises, allegedly due to negligence. An FIR was registered under Section 304A (Death by Negligence) read with Section 34 (Common Intention) of the IPC against the school principal, a Junior Engineer (JE), a contractor, and a school maid. The charge sheet was filed on July 5, 2016 , and the Metropo...

Supreme Court Reinforces Due Process: Curbing “Bulldozer Justice” with Strict Guidelines

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Supreme Court Reinforces Due Process: Curbing “Bulldozer Justice” with Strict Guidelines Background In a significant judgment, the Supreme Court of India has set out guidelines to curb arbitrary demolitions, commonly referred to as "bulldozer justice." This term has emerged from instances where properties of individuals accused of crimes have been demolished without following due legal process. The ruling responds to several petitions highlighting the destruction of residential and commercial properties without prior notice, which, according to petitioners, targets marginalized and minority communities. Key Principles Addressed The Supreme Court’s decision rests on critical constitutional principles, particularly the rule of law, separation of powers, and protection of individual rights . The Court emphasized that no person should be punished without due process and that arbitrary action by the executive undermines citizens’ trust in the justice system. Justice Gavai, in del...