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Due Process Strengthened: Supreme Court mandates written, language-specific grounds for arrest under special laws and general laws
Building on Pankaj Bansal and Prabir Purkayastha judgements, the Court constitutionalised a uniform standard—every arrest, whether under IPC/BNS or special enactments, must be supported by written grounds communicated in the arrestee’s own language, failing which the arrest stands void
Gujarat HC slams Rajkot officials for deadly gaming zone fire
Court questions lapses in safety measures, negligence by Municipal Corporation
Prabir Purkayastha Case: Mandate of providing grounds of arrest to PMLA/UAPA accused, some safeguards
CJP Team -
Through some recent judgements of Senthil Balaji, Pankaj Bansal and Prabir Purkayastha, the Supreme Court has cemented the crucial right of an accused to be provided with grounds of arrest in writing, a constitutional right under Article 22, the failure to do so, vitiates the arrest itself
Allahabad and Madhya Pradesh High Courts deliver two contradictory judgments on interfaith marriage without conversion under Special Marriage Act (SMA)
While Allahabad HC bench of Justice Jyotsna Sharma said interfaith couples not intending to convert their religion can marry under SMA, a similar plea for police protection was rejected by Madhya Pradesh HC citing Muslim personal law
Rights-based approach to abortion: The need for legislative reforms
Inconsistent court rulings leave women facing a confusing and unfair legal battle for safe abortion in India.
Bihar: RJD’s petition booth capturing and rigging at Munger dismissed by SC
The Supreme Court has directed RJD to take the matter up with the Patna High Court after RJD’s Anita Kumari filed her petition claiming that Bihar’s Munger has witnessed bogus voting, booth capturing, and prevention of backward castes from voting.
Delhi High Court grants statutory bail to Sharjeel Imam in alleged incendiary speech case
The bench also critiqued trial court’s conduct and said that nothing could have disentitled the accused from seeking relief under Section 436-A of CrPC
Interpreting the precedent in Vernon in favour of the State, Umar Khalid’s bail plea rejected by Karkardooma Sessions Court
While rejecting the second bail application of Khalid, the court noted that no ‘deep analysis’ of the facts of the case can be undertaken at this stage
Examining Jurisprudential Shifts: The Evolution of Bail Provisions Under PMLA – Part II”
In our second piece on bail under PMLA, we focus on important developments in 2023-24
BJP Ads Ban Row: SC refused to interfere with HC order restraining BJP from derogatory ads against TMC
“Your rival is not your enemy” the vacation bench of Supreme Court observed while dismissing the plea filed by BJP against the Calcutta High Court order restrained BJP for publishing derogatory & MCC violative ads against TMC
SC directs Centre to deport 17 foreigners detained in Assam Detention Centre
Priority should be given to deport 4 persons who have spent more than 2 years in the Detention Centre – the bench directs the Central Govt
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Rule of Law
Due Process Strengthened: Supreme Court mandates written, language-specific grounds for arrest under special laws and general laws
Building on Pankaj Bansal and Prabir Purkayastha judgements, the Court constitutionalised a uniform standard—every arrest, whether under IPC/BNS or special enactments, must be supported by written grounds communicated in the arrestee’s own language, failing which the arrest stands void
India
Pakistan denies entry to 14 Hindu devotees in Sikh ‘jatha’ visiting for Guru Nanak Jayanti
Officials at Attari–Wagah reportedly told the pilgrims, “You are Hindu, you cannot go with a Sikh group,” sending them back despite valid travel documents
Rule of Law
Screens of Silence: What NCRB Data Misses about Cybercrime in India
As India’s online world expands, so does the gap between crime and accountability. NCRB data records numbers, but not the reasons behind their soaring increase; besides erasure of reporting of gendered cybercrimes constitute a glaring gap: there is an absence of adequate reportage within NCRB on stalking, cyberbullying, morphing, which are show a mere 5 per cent of rise
Gender and Sexuality
Kerala High Court: First wife must be heard before registering Muslim man’s second marriage
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India
Obituary: Bhadant Gyaneshwar and his invaluable contribution to the buddhist world
The passing of 90-year-old Bhadant Gyaneshwar, President of the Kushinagar Bhikshu Sangh and a disciple of Bhante Chandramani—who gave Baba Saheb his deeksha at the historic Deekshabhumi in Nagpur on October 14, 1956, on Dhammachakrapravartan Day—represents a great loss for the Buddhist fraternity worldwide
Gender and Sexuality
Shah Bano Begum (1916-1992): A Socio-Political Historical Timeline
In this brief, data-driven socio-political timeline of 20th-21st Century India, the author reminds us of the context in which the controversial Bollywood movie, Haq, is sought to be released