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‘We will challenge notices in Court’: IFF’s statement on legal notice over ‘defaming’ RSS
The Internet Freedom Foundation (IFF) details a legal notice issued on behalf of the RSS over its documentation of censorship in India, and the police action that followed, raising concerns over freedom of expression
Rajasthan HC finds no caste intent in words like ‘Bhangi’, ‘Neech’, ‘Bhikhari’, ‘Mangani’, drops SC/ST Act charges
Absence of ‘public view’ and caste intent cited as reasons for dismissal of SC/ST charges by Rajasthan High Court in 2011 encroachment dispute, raising concerns over dilution of SC/ST Act’s purpose
Material resources may include private property but with caveats says says SC in 8:1 majority ruling; Justice Sudhanshu Dhulia Dissents
The majority recent decision in Property Owners Association v. State of Maharashtra could limit state power especially in the realms of taking over property of the individual
Supreme Court delivers a 4:3 Verdict on parameters to determine the minority status of institutions
A seven-judge bench of the Supreme Court recently pronounced a verdict in in case of AMU vs Naresh Agarwal, in a 4:3 majority—overruling the court’s previous judgement in Azeez Baasha vs. Union of India.[1] The Supreme Court, in 1967, had held in Azeez Basha that Aligarh Muslim University did not quality to be minority institution as it was neither established nor administered by the Muslim community.[2]
Supreme Court reinforces due process in demolition cases, lays down stringent guidelines to prevent arbitrary demolitions
Bench of Justices BR Gavai and KV Viswanathan establishes clear guidelines to ensure due process in demolition actions, mandates accountability for public officials, and safeguards citizens' fundamental rights, including the right to shelter
Art v/s Obscenity: Bombay High Court overturns seizure of Padamsee & Souza artworks
A recent Bombay high court judgment protects artistic freedom and ensures that bureaucratic overreach based on personal preferences does not stifle creative expression
Section 6A of the Citizenship Act, 1955 is constitutional, says Supreme Court in a 4:1 Judgement; Justice J.B. Pardiwala dissents
On October 17, 2024, a five-judge Constitution Bench of...
Bulldozer Justice: you can’t just roll in with bulldozers and demolish homes overnight: SC
CJP Team -
The Supreme Court orders Rs 25 Lakh interim compensation for illegal bulldozer demolition, criticizes UP Govt’s high-handed actions in demolition of homes for a road project in year 2019
Supreme Court eases bail conditions for Kerala Journalist Siddique Kappan
Kappan no longer required to report to police station weekly; Supreme Court grants relief in stringent bail conditions imposed on Kappan in Hathras conspiracy case after two years
MP: High Court temporarily stops temple construction in police stations, questions legality on government land
Court issues notices to top state officials, emphasising the importance of secularism in public institutions and adherence to Supreme Court guidelines prohibiting the construction of religious structures in public spaces
Under trial Prisoners: MHA directs States/UTs to implement section 479 of BNSS
CJP Team -
Ministry of Home Affairs (MHA) has directed the States and UTs to implement section 479 of the BNSS, this section enables the Court to release under trial prisoners who have undergone detention for one-half of the maximum period of imprisonment but not include under trials held for offences in which the punishment has been specified of death or life imprisonment
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India
‘We will challenge notices in Court’: IFF’s statement on legal notice over ‘defaming’ RSS
The Internet Freedom Foundation (IFF) details a legal notice issued on behalf of the RSS over its documentation of censorship in India, and the police action that followed, raising concerns over freedom of expression
Rights
SC: Article 142, Mass Amnesties, and the Panchayatisation of the Rule of Law
Within a month of youth-led protests in Delhi and at least half a dozen other locations, the Supreme Court’s September 1 Order invoked its extraordinary powers under Article 142 to quash criminal cases registered across at least five states. This examines the limitations of this ad hoc jurisprudence, arguing that while protection from abusive state prosecution is welcome, linking it to the cancellation of the September 5 march sets a troubling precedent. Constitutional scrutiny demanded a rigorous examination of alleged executive and police overreach, including blanket prohibitory orders under Section 163 of the BNSS and the shutdown of metro stations and internet services. Instead, the alleged excesses of Delhi and other police forces remain unadjudicated.
India
Need for Clarity on the SIR: An Open Letter to the Congress Leaders of Karnataka
While the national leadership of the party, leads and articulates the national campaign for the scrapping of the Special Intensive Revision (SIR) process, the state leadership of Karnataka, a state governed by the party, gives conflicting statements almost endorsing a process that has disenfranchised close to 10 million there
Environment
From Arunachal to Delhi, anti-dam protesters face state crackdown; detained allege sexual assault
Around 40 protesters from Arunachal Pradesh were detained during a solidarity demonstration, as the crackdown on indigenous resistance to the proposed mega dam intensifies
India
Beyond Appropriation: Vidya Bhushan Rawat’s recovery of Bose’s inclusive nationalism
Rawat’s book emerges from a unique perspective that argues –among other things – that Bose and Nehru must be understood through their competing strategies, and historical circumstances— not recruited retrospectively into opposing political camps; neither does the book place Bose beyond criticism, affirming however his intrinsic secular outlook while stressing on diverse networks that helped sustain the struggle for independence’ not a biography of Netaji Subhas Chandra Bose but a chronicle of Indian National Army as well as India’s freedom Movement.
Minorities
After 22 years under suspicion, Assam’s Kashem Ali declared Indian by Foreigners Tribunal
With 18 years passing between the registration of the case and service of notice, and nearly a year spent fighting to prove his citizenship, Kashem Ali finally wins legal relief with CJP’s assistance
