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Showing posts with the label Rule Of Law

Supreme Court Calls for Syllabus Reforms to Eradicate Dowry, Flags Pendency of Dowry-Related Cases

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Introduction In a landmark judgment underscoring the constitutional obligation to eliminate dowry, the Supreme Court of India has observed that eradicating the dowry system is not merely a matter of statutory enforcement but a constitutional imperative . The Court has urged the Union and State governments to consider amending educational curricula to raise awareness among young citizens about the social evil of dowry and has directed High Courts to compile data on pending dowry-related cases to ensure their expeditious disposal. Background of the Case The directions were issued while deciding a 24-year-old criminal appeal arising from a dowry death case registered in 2001 in Bijnor, Uttar Pradesh . The accused, Aslam Beg , was convicted for setting his wife, who was barely 20 years old , on fire. In October 2003 , a trial court convicted Aslam Beg and his mother Jamila , sentencing them to life imprisonment . In 2017 , the Allahabad High Court acquitted both accused. The Supreme...

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 ...

Unarrested Accused Cannot Be Jailed for Not Seeking Bail: Bombay High Court Reaffirms Due Process

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Introduction In a significant reaffirmation of personal liberty and criminal procedure safeguards, the Bombay High Court has held that an accused cannot be remanded to judicial custody merely for not applying for bail , particularly when the individual was never arrested during investigation and consistently appeared before the court pursuant to summons . The ruling underscores the constitutional limits on judicial power and reinforces the settled principle that custody is a legal status, not a procedural assumption . Background of the Case The ruling arose from a criminal case registered in 2023 , involving allegations that partners of AS Agri and Aqua Limited Liability Partnership defrauded investors of approximately ₹350 crore by promising unusually high returns. Alleged Offences The FIR invoked the following provisions: Section 406, Bharatiya Nyaya Sanhita, 2023 – Criminal breach of trust Section 420, Bharatiya Nyaya Sanhita, 2023 – Cheating Section 427, Bharatiya Nyaya Sanhi...

Jharkhand High Court Orders Probe and ₹1.5 Lakh Compensation in Alleged Custodial Thrashing of JLKM Leader

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Introduction In a significant reaffirmation of constitutional safeguards against custodial violence, the Jharkhand High Court has ordered a comprehensive probe and directed the immediate payment of ₹1.5 lakh as compensation to Jharkhand Loktantrik Krantikari Morcha (JLKM) leader Tarun Kumar Mahato , who was allegedly subjected to custodial thrashing by the police. The Court emphasised individual accountability of erring police officials , reinforcing the principle that custodial torture is a grave violation of fundamental rights . Background of the Case Arrest and Alleged Custodial Torture Date of Arrest : Night of November 28 Police Station : Ichagarh Police Station, Seraikela-Kharsawan district Allegation : Severe physical assault while in police custody Reason for Arrest : Dispute related to alleged illegal mining and transportation of sand Following his arrest, Tarun Kumar Mahato reportedly sustained serious injuries and has since been undergoing treatment at Seraikela Sadar Hos...

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 Rejects Plea Challenging Minority Exemption from RTE Act, Imposes ₹1 Lakh Cost

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Introduction The Supreme Court of India has strongly reaffirmed the finality and binding nature of Constitution Bench judgments , rejecting a writ petition that sought to reopen the settled issue of minority educational institutions’ exemption from the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) . In a stern order, the Court not only dismissed the plea but also imposed costs of ₹1 lakh on the petitioner NGO , calling the petition a “gross abuse” of judicial process and a threat to the institutional integrity of the judiciary. Background of the Petition Petitioner and Relief Sought The petition was filed by an NGO, United Voice for Education Forum , invoking Article 32 of the Constitution , seeking: A declaration that the exemption granted to minority educational institutions from the RTE Act is unconstitutional Inclusion of minority schools— aided and unaided —within the ambit of Section 12(1)(c) of the RTE Act , which mandates 25% reservation at entry leve...

Supreme Court Denies Bail in Mumbai BMW Hit-and-Run Case: “Such Boys Need to Be Taught a Lesson”

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Introduction The Supreme Court of India has refused to grant bail to Mihir Shah , the prime accused in the July 2024 Mumbai BMW hit-and-run case , making strong observations on parental responsibility, privilege, and reckless conduct. The Court’s remarks—“such boys need to be taught a lesson”—underline a growing judicial intolerance towards grave road crimes involving wealthy and influential individuals. Case Background: Mumbai BMW Hit-and-Run Incident (July 2024) Incident Details In July 2024, Mihir Shah, aged 24, was allegedly driving a BMW at high speed on Worli Sea Face Road, Mumbai , when his vehicle struck a couple riding a scooter. Victims : Pradeep Nakhwa (survived) His wife (died on the spot) Manner of Accident : After the collision, Pradeep Nakhwa was flung off the bonnet. His wife’s body was allegedly dragged for nearly two kilometres . Despite hearing screams, the accused allegedly continued driving . Post-Accident Conduct : The accused went absconding after the incident...

High Court Grants Interim Bail to Couple Convicted of Killing Eight Family Members in 2001

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The Punjab and Haryana High Court has ordered the interim release of Sonia and her husband Sanjeev Kumar, who were convicted of killing eight members of Sonia’s family in August 2001. The court simultaneously directed the Haryana government to reconsider their premature release application within two months, strictly in accordance with the applicable remission policy. Background of the 2001 Hisar Mass Murder Case On the night of August 23, 2001, eight members of the Punia family were killed at their farmhouse on the outskirts of Hisar. The victims included: • Relu Ram Punia (50), former MLA of Barwala constituency • Krishna Devi (41) • A 14-year-old daughter • Sunil Kumar (23), son from first marriage • Daughter-in-law Shakuntala Devi (20) • A 4-year-old grandson • Two granddaughters, including a two-month-old infant According to the prosecution, Sonia and Sanjeev retrieved an iron rod from the garage after midnight and murdered the family members individually in separate ro...

RIGHTS UNDER SC/ST ACT SHOULD NOT BE MISUSED: ALLAHABAD HIGH COURT OBSERVATION

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The Allahabad High Court has delivered an important order addressing the balance between the protection granted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) and the need to prevent its misuse. While granting bail to two accused in a rape case, the Court underscored that the Act’s victim-centric provisions must not be abused. CASE BACKGROUND: NINE-YEAR DELAY IN FIR In the case before the Allahabad High Court, Justice Anil Kumar heard the bail applications of two appellants, Aznan Khan and Furkan Ilahi, accused of rape and offences under the SC/ST Act. The victim lodged an FIR in 2025 alleging offences that occurred in 2016. According to her statement, Furkan met her in 2016, took her to a hotel and then to the residence of co-accused Aznan Khan, where the alleged assault occurred. She stated that she remained silent for nearly nine years based on Furkan’s assurance that he would marry her. She further alleged continued physical r...

DELHI HIGH COURT RESTRAINS CENTRE FROM BULLDOZER ACTION AT AJMER SHARIF DARGAH

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Introduction In a significant ruling reinforcing the primacy of natural justice and procedural fairness, the Delhi High Court has restrained the Central Government from demolishing structures in and around the historic Ajmer Sharif Dargah without giving affected individuals an opportunity to be heard. The order came while hearing a petition challenging a November 22, 2025 notice issued by the Centre-appointed Nazim directing removal of alleged encroachments inside the Dargah premises. The court categorically observed that the Centre “cannot just go with a bulldozer and raze everything” without following due process. This judgment adds to the growing judicial scrutiny of arbitrary demolitions and underscores the constitutional obligation to ensure fairness even in matters involving encroachments and security considerations. “YOU JUST CAN’T GO WITH A BULLDOZER…” – COURT’S STRONG OBSERVATION Judicial Concern Over Vague Notice Justice Sachin Datta remarked that the November 22 no...

Supreme Court May Frame Sensitivity Norms for Courts Handling Sexual Assault Cases

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The Supreme Court of India has expressed serious concern over the lack of sensitivity shown by several courts in cases involving sexual assault victims. Taking suo motu cognisance of an “insensitive and inhuman” judgment of the Allahabad High Court from March 2024, the Supreme Court has indicated that it may introduce comprehensive, gender-sensitive procedural guidelines applicable across all courts in the country. Background: Allahabad High Court’s Controversial March 17 Judgment The controversy began with a March 17 ruling of the Allahabad High Court which held that grabbing a minor girl’s breasts, breaking the string of her pyjama, and attempting to drag her under a culvert did not amount to an attempt to rape. The High Court downgraded the charge from attempt to rape to Section 354B IPC and certain POCSO provisions, claiming that the act had not progressed sufficiently to constitute an attempt. The Supreme Court immediately suspended this ruling, calling it “unfortunate”, “inse...

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 ....