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From Protest to Petition: Maharashtra’s Public Safety Act in the dock
After months of state-wide protests, thousands of objections and sustained civil society opposition, Maharashtra's controversial security law now faces a constitutional challenge before the Bombay High Court
CJP Team -
Bhodu Sekh Case: Union agrees before Supreme Court to repatriate deported Bengali-speaking individuals pending citizenship inquiry
Union tells Court those sent to Bangladesh will be brought back and their citizenship claims examined in India; clarifies decision is confined to the exceptional facts of the case
J&K High Court quashes preventive detention in cattle transport case, says PSA cannot substitute ordinary criminal law
Court holds allegations relating to cattle transportation and offences under the Prevention of Cruelty to Animals Act concern “law and order” at best, and do not justify preventive detention under the Jammu & Kashmir Public Safety Act
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
CJP Team -
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
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”
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