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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.
Gov’t employee not devoid of right to free speech: Tripura HC
Court also observed that mere presence of a government employee at a political rally is not proof of participation
Plea against SC judgment in Bengal Madarsah case about minority institutions rights
The judgment declared valid law, few provisions of which were held to be unconstitutional by the Calcutta High Court on two occasions
CAA transfer petition: SC issues notice, will hear on January 22
The apex court had taken prima facie stand that high courts be allowed to adjudicate upon the cases challenging validity of CAA
The Supreme Court & the power to transfer cases: CAA 2019
As the SC today decides whether petitions against CAA should be transferred to it, let us have a look at its constitutional provisions on such transfers and its repercussions on rights based jurisprudence
Cyberabad Police slammed for replying to Twitter user’s tweet on ‘Jihadis’
People questioned the police’s implicit support to a tweet that could be termed as ‘Islamophobic’
Sadaf Jafar speaks to Sabrang India about her nightmarish experience in jail
The social activist was brutally beaten up and subject to communal abuse by police authorities
Young Lawyer beaten to death: UP
Image Courtesy: amarujala.comLucknow: 32 year old lawyer Shishir Tripathi...
Electoral bond scheme: CIC pulls up govt for not providing donor info
CIC took serious note of government agencies providing incomplete and vague information on RTI application seeking names of anonymous donors.
Rihai Manch member Robin Verma granted bail
He was arrested and beaten up after being detained by the Lucknow police
Allahabad HC: Bombay lawyer’s email about situation in UP turned into PIL
The email said that the situation in the State of Uttar Pradesh is antithetical to core constitutional values and warrants interference of this Court.
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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
Need for Clarity on the SIR: An Open Letter to the Congress Leaders of Karnataka
While the national leadership of the party, leads and articulates the national campaign for the scrapping of the Special Intensive Revision (SIR) process, the state leadership of Karnataka, a state governed by the party, gives conflicting statements almost endorsing a process that has disenfranchised close to 10 million there
Environment
From Arunachal to Delhi, anti-dam protesters face state crackdown; detained allege sexual assault
Around 40 protesters from Arunachal Pradesh were detained during a solidarity demonstration, as the crackdown on indigenous resistance to the proposed mega dam intensifies
India
Beyond Appropriation: Vidya Bhushan Rawat’s recovery of Bose’s inclusive nationalism
Rawat’s book emerges from a unique perspective that argues –among other things – that Bose and Nehru must be understood through their competing strategies, and historical circumstances— not recruited retrospectively into opposing political camps; neither does the book place Bose beyond criticism, affirming however his intrinsic secular outlook while stressing on diverse networks that helped sustain the struggle for independence’ not a biography of Netaji Subhas Chandra Bose but a chronicle of Indian National Army as well as India’s freedom Movement.
Minorities
After 22 years under suspicion, Assam’s Kashem Ali declared Indian by Foreigners Tribunal
With 18 years passing between the registration of the case and service of notice, and nearly a year spent fighting to prove his citizenship, Kashem Ali finally wins legal relief with CJP’s assistance
Dalit Bahujan Adivasi
From treating Adivasi communities to being branded an instigator: Odisha jails doctor Randall Sequeira
Arrested in a case in which his name did not figure in the original FIR, Dr Randall Sequeira faces serious criminal charges amid an intensifying crackdown on Adivasi communities resisting bauxite mining in Odisha