Law & Justice

Ex-TISS student gets bail as Mumbai Court rejects Maoist link based on ‘suspicion’

Court rejects the prosecution’s attempt to link Abhirup Ashim Paul to Maoist activities, holding that books, slogans and association with a student group could not by themselves establish such a connection

Supreme Court refers UAPA bail jurisprudence to larger bench; grants interim bail to Tasleem Ahmed and Khalid Saifi in Delhi riots conspiracy case

Court says K.A. Najeeb cannot be reduced either to a “mathematical formula” mandating bail solely due to delay or to a hollow constitutional safeguard overridden entirely by Section 43D(5) of the UAPA

Andrabi Judgment: Section 43D(5) UAPA cannot override right to speedy trial, restores primacy of Article 21 in UAPA cases

The judgment restores the constitutional framework laid down in KA Najeeb and cautions against treating anti-terror bail restrictions as a basis for indefinite pre-trial detention

Environmental Jurisprudence: The Bombay High Court’s shifting language

Part II turns its attention to Western India: Mumbai, the rest of Maharashtra, and the long shadow of the Western Ghats where from sound coastal-zone jurisprudence, the High Court has been asked to, and has, permitted successive ‘infrastructure’ projects that have touched coasts, mangroves and the urban forest.

Bhojshala Judgment: MP High Court declares Dhar site a Saraswati Temple, ends Namaz rights at complex

Relying on ASI findings, historical records and the Ayodhya framework, the Court held the structure was built over a pre-existing temple and Sanskrit learning centre linked to Raja Bhoj

Cracks in Indian Environment Jurisprudence: An examination of High Courts of central India

Given the flip-flops by India’s constitutional courts on protection of the environment, this three part legal investigation delves deep: In Part 1, we look at how High Courts across different regions of India are contributing to, or departing from, the trajectory of environmental jurisprudence. This part looks at Central India: Madhya Pradesh, Chhattisgarh, Odisha and Jharkhand. A region that is home to some of the country’s richest forests, its most significant mineral reserves, and its most vulnerable tribal populations.

UAPA: ‘99% Possibility of Acquittal’: What the SC said on Conviction Rates

While granting bail to Syed Iftikhar Andrabi, the Supreme Court on Monday, May 19, observed that UAPA conviction rates stand between 1.5% and 4% nationally, while remaining below 1% in Jammu and Kashmir.

Supreme Court reasserts KA Najeeb, warns against “hollowing out” constitutional protections in UAPA cases; questions Umar Khalid bail verdict

Granting bail to a J&K man jailed for nearly six years in a narco-terror case, the Supreme Court cited abysmally low UAPA conviction rates, and warned that prolonged incarceration under anti-terror laws cannot override Article 21 protections

Gauhati High Court issues notice in Abdul Sheikh Citizenship case, continues protection from deportation

Petitioner attributes delay in challenging 2018 ex parte FT opinion to financial incapacity, and absence of legal aid; Court says if a case for fresh hearing is made out, it should be considered “immediately”

Gauhati HC draws a line against automatic family-wide ‘foreigner’ declarations

Setting aside a Foreigners Tribunal order against five children, the High Court ruled that kinship alone cannot determine citizenship status and reiterated that every individual must face an independent legal reference before being declared a foreigner

The Guardians of the Ballot: Supreme Court hearing the legality of executive primacy in ECI appointments

Across two days of intense legal arguments, the Supreme Court scrutinising the 2023 Act governing the appointment of Election Commissioners, as petitioners argued that replacing the Chief Justice of India with a Union Minister creates a "Home Umpire" system, while the Bench questioned the limits of parliamentary power, counsel warned that executive dominance over the "referee" of democracy threatens the basic structure of free and fair elections

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