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Showing posts with the label Rule Of Law

Supreme Court Grants Bail in Pune Porsche Crash Evidence Tampering Case: Parental Responsibility, Bail Jurisprudence, and Rule of Law

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Background of the Pune Porsche Crash Case (2024) The Pune Porsche crash case arose out of a tragic road accident that occurred in the early hours of 19 May 2024 near Kalyani Nagar, Pune . According to the prosecution, a 17-year-old boy , allegedly under the influence of alcohol, was driving a high-end Porsche car after attending a late-night party with two friends. At around 2:00 AM , the car rammed into a two-wheeler, resulting in the death of two young IT professionals, Anis Awadhiya and Ashwini Koshta . The incident sparked nationwide outrage, not only due to the loss of innocent lives but also because of the subsequent allegations that influential individuals attempted to manipulate the criminal justice process . Allegations of Evidence Tampering and Role of the Accused The present Supreme Court proceedings concerned three accused persons alleged to have tampered with evidence after the accident: The father of one of the juveniles present in the car , Ashish Satish Mittal , and A...

Supreme Court as the Guardian of Personal Liberty: Justice Ujjal Bhuyan’s Constitutional Reminder

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Introduction: Liberty as the Supreme Court’s Core Mandate Justice Ujjal Bhuyan of the Supreme Court of India has recently articulated a forceful constitutional reminder: the Supreme Court exists to uphold personal liberty and human rights, not to justify executive excesses . His remarks, delivered at an international conference organised by the Supreme Court Advocates-on-Record Association (SCAORA) in Goa, come at a time when concerns over selective investigations, prolonged incarceration, and inconsistent judicial standards have become central to public discourse. Justice Bhuyan’s observations are not rhetorical. They are deeply rooted in constitutional text, statutory frameworks, and long-standing judicial precedent. Constitutional Foundations of Personal Liberty Article 21 of the Constitution of India At the heart of Justice Bhuyan’s remarks lies Article 21 , which guarantees that “No person shall be deprived of his life or personal liberty except according to procedure established ...

“Justice Delayed Is Justice Destroyed”: CJI Surya Kant Reasserts the Constitutional Role of High Courts

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Introduction Chief Justice of India Justice Surya Kant has delivered a powerful reminder of the constitutional promise of timely justice, warning that delay does not merely deny justice but destroys it altogether . Speaking at the Fali Nariman Memorial Lecture , organised by the Bombay Bar Association , the Chief Justice underscored the pivotal role of High Courts under Article 226 in ensuring meaningful access to justice for ordinary citizens. His remarks come at a time when mounting judicial arrears, procedural complexity, and geographical barriers continue to undermine the lived experience of constitutional rights. Context of the Address: The Fali Nariman Memorial Lecture The lecture, titled “The Sentinel on Qui Vive: Article 226 as the Guardian of Access to Justice” , was delivered in Mumbai and focused on the constitutional architecture that places High Courts as the first and most effective protectors of individual liberty. Justice Surya Kant’s address was both reflective and r...

Tinder Suitcase Murder and Marriage on Parole: Legal, Constitutional, and Penal Dimensions of the Priya Seth Case

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 Introduction The recent grant of parole to Priya Seth , a life-term convict in the infamous Jaipur “Tinder suitcase murder” case , to solemnise her marriage has reignited a nationwide debate on criminal justice, victims’ rights, prison reforms, and the limits of parole jurisprudence. The case presents a disturbing intersection of digital-era crime , heinous murder , and constitutional protections afforded even to convicted prisoners . This article examines the incident through the lens of relevant statutes, constitutional provisions, and judicial precedents , while situating the controversy within India’s evolving prison and parole framework. Factual Background of the Crime In early 2018, Dushyant Sharma , a 27-year-old aspiring businessman, matched with Priya Seth on the dating application Tinder. Their online interactions spanned weeks, fostering trust and emotional familiarity. Unbeknownst to Sharma, Priya was cohabiting with Dikshant Kamra , burdened by debts exceeding ₹21 la...

Digital Arrest Fraud: Supreme Court Flags Alarming Vulnerability of Educated Senior Citizens

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Introduction The Supreme Court of India has expressed serious concern over the alarming rise of so-called “digital arrest” frauds, particularly highlighting how even highly educated and experienced senior citizens are falling prey to sophisticated cyber scams. The court’s observations came while issuing notice on a petition filed by a 78-year-old former banker who lost more than ₹23 crore after being impersonated and coerced by fraudsters posing as law enforcement officials. The case underscores systemic vulnerabilities in banking safeguards, cybercrime response mechanisms, and public awareness, prompting the apex court to intensify its scrutiny of institutional accountability. Background of the Case The observations arose from a petition filed by Naresh Malhotra , a 78-year-old former banker, who was allegedly defrauded in September last year in what is being described as the largest reported “digital arrest” fraud in India so far , involving losses exceeding ₹23 crore. Malhotra claim...

Citizenship Question in Bihar SIR: Supreme Court Seeks Clarity from Election Commission

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Background of the Case The Supreme Court is currently examining a batch of petitions challenging the Election Commission of India’s (ECI) June 24 notification directing a Special Intensive Revision (SIR) of electoral rolls in Bihar. The petitions were filed in 2025 and raise serious constitutional and statutory questions concerning voter deletion, citizenship determination, and the scope of the Election Commission’s powers. The matter was heard by a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi , which sought to ascertain the true intent behind the SIR exercise. Supreme Court’s Core Question: Citizenship or Electoral Hygiene? During the hearing, the Supreme Court posed a pointed question to the ECI: “When you started this exercise, was citizenship in your mind or are you second-guessing it as a reason to begin this exercise?” The Court noted that the SIR notification primarily cited migration, urbanisation, and the need to update electoral entries as...

Supreme Court Directs States to Frame Media Briefing Policies in Criminal Cases

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I. Background of the Supreme Court Directions The Supreme Court of India has directed all States and Union Territories to frame and notify comprehensive media briefing policies for criminal cases within three months . The objective of the direction is to prevent media trials , protect the fairness of investigations , and safeguard the dignity and privacy of victims, witnesses, and accused persons . The direction was issued by a Bench comprising Justice M.M. Sundresh and Justice N. Kotiswar Singh , while dealing with a long-pending public interest litigation filed by the People’s Union for Civil Liberties (PUCL) in 1999 . The PIL highlighted the absence of structured guidelines governing police encounters and police communication with the media , especially during ongoing criminal investigations. Despite earlier judicial interventions and executive advisories, the Court noted that States had failed to demonstrate adequate seriousness in regulating police briefings, resulting in repeated...

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 RESTORES BAIL AFTER PATNA HC STAFF TYPO ERROR

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Courts Cannot Recall Signed Orders Except for Clerical Errors I. Background of the Case In a rare and procedurally significant ruling, the Supreme Court of India restored anticipatory bail granted to an accused in a narcotics case after holding that the Patna High Court acted without jurisdiction in recalling a bail order that had already been signed. The case highlights a critical question of criminal procedure: Can a court undo a signed judicial order because of an internal staff error? The Supreme Court answered with a clear no . II. FIR and Allegations Under NDPS Act The case originated from an FIR registered in October 2024 in Vaishali district, Bihar , under provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) . Key Allegations: 6.33 kg of ganja was allegedly recovered from a co-accused During interrogation, the co-accused claimed that the contraband was meant to be delivered to Rambali Sahni No recovery was made from Sahni S...

IndiGo Fined ₹22.2 Crore for December 2024 Operational Chaos: A Legal and Regulatory Analysis

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Background of the Crisis India’s largest airline, IndiGo, faced unprecedented operational disruption between December 3 and 5, 2024 , resulting in 2,507 flight cancellations and 1,852 delays , stranding over three lakh passengers across the country. The disruption followed the enforcement of revised Flight Duty Time Limitation (FDTL) norms, which imposed stricter caps on pilot duty hours and enhanced mandatory rest requirements. The Directorate General of Civil Aviation (DGCA) constituted a four-member inquiry committee to investigate the causes of the breakdown. Based on its findings, the regulator imposed a record financial penalty of ₹22.2 crore , issued warnings to senior leadership, and mandated sweeping systemic reforms within the airline.

Supreme Court Reserves Verdict on Plea for Passive Euthanasia

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Background of the Case The Supreme Court of India has reserved its judgment on a petition seeking permission for passive euthanasia of Harish Rana , a 31-year-old man who has remained in a permanent vegetative state (PVS) for over a decade. The case has emerged as a potential first instance of judicially sanctioned passive euthanasia in India , where the Supreme Court may operationalise the legal framework laid down in its landmark Common Cause v Union of India (2018) judgment. A bench comprising Justice JB Pardiwala and Justice KV Viswanathan heard the matter, repeatedly acknowledging the ethical, moral, and constitutional dilemmas involved in adjudicating questions of life and death. Medical History and Present Condition of the Patient Harish Rana, a former student of Panjab University , suffered catastrophic head injuries in 2013 after falling from the fourth floor of his paying guest accommodation. Since the accident: He has remained completely unresponsive He is bedridden a...

Supreme Court Intervenes in ED–State Confrontation Over I-PAC Searches

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Background of the Controversy The Supreme Court of India has taken cognisance of an escalating institutional confrontation between the Enforcement Directorate (ED) and the Trinamool Congress (TMC)-led West Bengal government , arising out of ED searches conducted on January 8 at premises linked to political consultancy firm Indian Political Action Committee (I-PAC) in Kolkata and the residence of its director Pratik Jain . The searches were part of a money laundering investigation connected to alleged illegal coal mining and smuggling in West Bengal , involving suspected proceeds of crime exceeding ₹2,742 crore . Supreme Court Proceedings and Observations A bench comprising Justice Prashant Kumar Mishra and Justice Vipul M Pancholi admitted two petitions : One filed by the Enforcement Directorate , and Another by three ED officers , seeking a court-monitored CBI investigation into the alleged obstruction faced during the searches. The Court described the situation as “very serious...