Rule of Law

Reaffirming Open Justice: The Supreme Court on speech and contempt

In the case of Wikimedia v. ANI Media Private Limited & Ors. the apex court reaffirmed free speech and restrained a Delhi High Court order that was held, on examination to be disproportionate

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

Bulldozer Justice: you can’t just roll in with bulldozers and demolish homes overnight: SC

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

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

Bombay HC: Rapping customs department for dubbing F N Souza and Akbar Padamsee’s nudes ‘obscene’, orders release of artworks

The Bombay High Court directed customs to release seized artworks of F N Souza and Akbar Padamsee, every nude painting can’t be styled obscene. In 2022, three nude artworks of Padamsee and four of Souza were purchased by auction houses Roseberys in London, and Lyon & Turnbull in Scotland

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Reaffirming Open Justice: The Supreme Court on speech and contempt

In the case of Wikimedia v. ANI Media Private Limited & Ors. the apex court reaffirmed free speech and restrained a Delhi High Court order that was held, on examination to be disproportionate