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Showing posts with the label Rule Of Law
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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.

Justice for Priyadarshini Mattoo: Citizens and Family Oppose Reconsideration of Convict’s Premature Release

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Public Appeal to Delhi Home Minister Against Reconsideration In a powerful letter addressed to Delhi Home Minister Ashish Sood , Hemant Mattoo , brother of Priyadarshini Mattoo , along with concerned citizens and activists, has urged the government to reject any reconsideration for the premature release of life convict Santosh Kumar Singh . The appeal follows the Delhi High Court’s decision to set aside the Sentence Review Board (SRB)’s earlier rejection , asking it to review the matter afresh. Context of the Conviction: Brutal Rape and Murder Priyadarshini Mattoo , a law student, was brutally raped and murdered by Santosh Kumar Singh on January 16, 1996. Singh, the son of a senior IPS officer, had allegedly stalked and harassed Mattoo for months. Despite multiple police complaints lodged between February and November 1995, including incidents of stalking, attempted break-in, and assault, the authorities failed to act effectively. Her repeated pleas for protection were ignored....

Supreme Court Under Fire: BJP MP Nishikant Dubey Sparks Controversy with Criticism of Judiciary

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BJP MP Questions Supreme Court's Role in Lawmaking In a politically charged statement, BJP MP Nishikant Dubey alleged that the Supreme Court of India is “inciting religious wars” and overstepping its constitutional mandate by interfering in legislative matters. Dubey questioned whether the Parliament should remain operational if the judiciary continues to dictate legal directives, suggesting that the top court has exceeded its jurisdiction. Context: Remarks Amid Waqf Amendment Act Hearing The remarks came in the backdrop of ongoing Supreme Court hearings on the constitutional validity of the Waqf (Amendment) Act, 2025. The apex court had earlier suggested it might issue interim orders regarding contentious provisions, including the inclusion of non-Muslims in Waqf Boards and the authority of collectors in waqf property disputes. Dubey's Remarks and Legal References Citing Articles 141 and 368 of the Constitution, Dubey emphasized the separation of powers, asserting that wh...

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...

Pune Car Accident Case: High Court Orders Release of Minor from Observation Home

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Pune Car Accident Case: High Court Orders Release of  Minor from Observation Home In a significant ruling, the Bombay High Court on Tuesday directed the immediate release of a 17-year-old boy, who was allegedly involved in the Pune car accident, from the observation home. The minor had been held at the Juvenile Justice Board's observation home for 36 days following the incident.  Overview of the Incident The tragic accident in Pune resulted in the loss of two innocent lives, sparking a public outcry and leading to the juvenile's detention. However, the court ruled that the orders remanding him to the observation home were illegal. The court emphasized the importance of adhering to juvenile justice laws, which prioritize the rehabilitation and social integration of juvenile offenders over punitive measures. High Court's Ruling The division bench of Justices Bharati Dangre and Manjusha Deshpande emphasized that justice must prevail regardless of public pressure or the severit...

Supreme Court to Consider Interim Bail for Arvind Kejriwal in Delhi Excise Policy Case

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Supreme Court to Consider Interim Bail for Arvind Kejriwal in Delhi Excise Policy Case Supreme Court Indicates May 7 Hearing for Arvind Kejriwal's Interim Bail The Supreme Court of India has indicated that it may hear arguments on the interim bail plea of Delhi Chief Minister Arvind Kejriwal on May 7, considering the ongoing 2024 general elections. The bench, comprising Justices Sanjiv Khanna and Dipankar Datta, suggested that since arguments on Kejriwal's plea against arrest by the Enforcement Directorate (ED) and his subsequent remand in the excise policy case might take some time, it could consider the question of interim bail on Tuesday. Supreme Court's Cautionary Note on Arvind Kejriwal's Interim Bail The bench clarified that no final decision had been made yet and that it was simply informing all parties that interim relief might be considered if the hearing was likely to be prolonged. The court emphasized that it would hear both sides before making any decision o...

Delhi Court Extends Judicial Custody of BRS Leader K Kavitha in Excise Policy Money Laundering Case

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Delhi Court Extends Judicial Custody of BRS Leader K Kavitha in Excise Policy Money Laundering Case Introduction: The Rouse Avenue Court in Delhi has prolonged the judicial custody of Bharat Rashtra Samithi (BRS) MLC K Kavitha until April 23, 2024, in connection with the excise policy money laundering case. Extension of Judicial Custody: Special Judge Kaveri Baweja granted the Enforcement Directorate's request for a 14-day extension of K Kavitha's judicial custody, citing concerns of witness tampering and evidence tampering. Advocate Nitesh Rana, representing K Kavitha, opposed the plea, asserting that no new grounds were presented. Court Proceedings: The court declined K Kavitha's request to address the court orally, permitting only written submissions. Advocates Zoheb Hossain, Naveen Kumar Matta, and Simon Benjamin represented the Enforcement Directorate, while Advocates Nitesh Rana, Deepak Rana, and Mohit Rao appeared for K Kavitha. Recent Developments: Earlier, the cour...

RULE OF LAW

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  J ES URISPRUDENCE  PHILOSOPHIES (RULE OF LAW) J ES URISPRUDENCE  PHILOSOPHIES (RULE OF LAW) Introduction The idea of Rule of law isn't new to India. The roots can be followed back to the Upanishads Period. In advanced law also, the whole design of the Indian Constitution depends on the idea of law and order. The composers of the Constitution recognized the hypothesizes of law and order as propounded by Dicey and thought of it as a significant piece of vote based system. It was, thus, in the wellness and interest of construction that the establishing staffs of the Constitution gave it the due acknowledgment. The doctrine of Rule of Law as enunciated by Dicey has been adopted and strictly incorporated in the Constitution of India. The three major pillars of the Constitution that are justice, liberty and equality are enshrined in the Preamble itself. The Constitution of India is the supreme law of the land and other laws are required to be in conformity with the basic prin...