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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.
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
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Gauhati High Court issues notice in Abdul Sheikh Citizenship case, continues protection from deportation
CJP Team -
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
CJP Team -
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
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Anticipatory Bail Denied to Nida Khan in TCS Nashik Case: Sessions Court flags “systematic plan” and stresses custodial interrogation
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“Reasonable Apprehension of Bias Is Enough”: Telangana High Court orders CBCID probe into SI’s death, reasserts constitutional demand for investigative neutrality
In a sharply reasoned ruling, the Court holds that when police investigate their own, fairness cannot merely exist—it must be demonstrable, credible, and constitutionally defensible
“Obnoxious and Caste-Coloured”: Supreme Court strikes down Odisha bail orders mandating cleaning work, declares them void
Acting on suo-moto proceedings triggered by media reports, the Court condemns “degrading” bail conditions imposed on Dalit and Adivasi accused, warns against judicial overreach, and reinforces that liberty cannot be conditioned on humiliation or caste-based labour
Reproductive Autonomy Cannot Be Subordinated to Adoption: Supreme Court allows termination of 7-month pregnancy of minor
Holding that a woman’s choice is paramount under Article 21, the SC affirms that constitutional courts must prioritise dignity, mental health, and bodily autonomy over statutory limits under the MTP framework
Malegaon 2006 Blast Case: Bombay High Court rejects NIA’s ‘alternate narrative’, holds prosecution built on contradictions and inadmissible evidence
Holding that “diagonally opposite” narratives by investigative agencies cannot sustain a trial, the Court finds the NIA’s case rooted in retracted statements, hearsay material, and a legally impermissible reinvestigation—bringing the prosecution to a “dead end”
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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
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From Arunachal to Delhi, anti-dam protesters face state crackdown; detained allege sexual assault
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From treating Adivasi communities to being branded an instigator: Odisha jails doctor Randall Sequeira
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