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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
Chhattisgarh & Maharashtra: SC directs police to ensure no hate speech by BJP MLA Raja Singh & Hindu Jan Jagruti Samiti rallies
Even after the bench accepted that some of the speeches delivered by Singh previously were “certainly objectionable”, they refused to decline to stop the rallies, take pre-emptive action
Should the State Government intervene in cases of arbitrary orders by the Foreigners’ Tribunal?
CJP Team -
In a recent decision of the Gauhati High Court that noted discrepancies and ignorance of procedure established by law in orders of the Foreigners’ Tribunal, has directed reviews by state government to the orders of the FT wherein “suspected illegal migrants/foreigners” are declared citizens
Justice once more for Bilkis Bano, but what now lies ahead?
Bilkis Bano has fought a hard, challenging battle. As one of the 1,958 women Muslim survivors of the targeted violence in Gujarat in 2002, she can now breathe some sighs of relief, if the convicts are “found” by the Gujarat police and report to prison by January 22 (the deadline set by the Supreme Court). There is also a possibility that these convicts now approach the Maharashtra government for remission under section 432 of the CrPC
Plea to NHRC: Fairly investigate into ‘enforced disappearance’ of youth off Bangla border
In a representation to the National Human Rights Commission...
Your Man in the Hague (in a Good Way)
I attended the hearing on Thursday of South Africa’s case against Israel for genocide at the International Court of Justice. I was able to sit in the public gallery and watch all the proceedings. I was, however, handicapped in reporting by the fact that we were not allowed pens or pencils (though we were allowed paper). I asked the Head of Security at the ICJ why pens were not allowed in the public gallery. He told me, with a perfectly straight face, that they could be used as a weapon. So bereft of my deadly ballpoint, this account is less detailed and more impressionistic than I would wish to give you.
Delhi HC: Foreigners cannot claim right to reside and settle in India, protections limited to Article 21
In a habeas corpus plea moved against restriction of movement of an alleged foreigner, the bench noted that foreign national cannot claim that he has right to reside and settle in India in terms of Article 19 (1) (e)
Bilkis Bano speaks: First person account, Godhra Relief Camp, March 2002
Twenty-two years ago, almost to the day, Bilkis Bano gave an oral statement recounting the horrors of what she had been through, to Communalism Combat magazine. Given the rather glaring trajectory of the case, where despite Bilkis’ Complaint, FIR with detailed facts, recounting the incident and naming accused, the Godhra police filed a ‘closure’ report (A Summary) which was even accepted by the local court, it is crucial that we re-visit, and read, in Bilkis’ words, her tale. Following the failures of the local administration, the National Human Rights Commission (NHRC) provided her the legal aid to ensure she finally does find justice, and peace.
Today, I Can Breathe Again: Bilkis Bano on landmark Supreme Court judgement
Through a powerfully worded letter issued through her lawyer, Bilkis Bano thanked the Supreme Court, her family, friends and lawyer as well as the thousands of people who extended their solidarity to her.
Bilkis Bano Case: Supreme Court strikes down remission for gang rape and murder convicts, citing flagrant violation of rule of law
While delivering the verdict, J. Nagarathna slams the Gujarat government to “act in tandem” with the convicts, highlights that it was the very apprehension of complicity of the Gujarat government with convicts that resulted in transfer of case to another state
Punjab & Haryana HC: “Journalism is civilisation’s mirror, and investigative journalism its X-ray”
Quashing the summons and all subsequent proceedings against Indian Express, in a 2008 criminal defamation case, a single bench observed that it is the duty of journalist to uncover the truth; moreoever also, that the Courts should be more vigilant and proactive while safeguarding the interests of such courageous humans
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Minorities
‘Faith Is Not a Crime’: Mumbai’s Christians rise against Maharashtra’s proposed anti-conversion bill
Peaceful Sunday protests across 35 parishes led by the Bombay Catholic Sabha warned that the so-called ‘Freedom of Religion’ Bill threatens Article 25 rights, risks criminalising compassion, and could become a political tool to harass minority communities
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
Justice P.V. Kunhikrishnan reasserts constitutional and gender equality, procedural fairness, and the emotional agency of Muslim women in a landmark judgment
