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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.
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This is Not the Justice We Seek
We awoke today to the shocking news of the deaths of the four suspects in the murder and rape of the veterinarian last week. They were killed at 3 am purportedly while trying to ‘escape’ from the scene of crime, where they had been taken for a dead-of-night reconstruction of the crime of rape and murder at the scene of the offence.
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This is not the first time that guns and the bullet have been used to get at those labelled criminals. For Sajjanar, handling the high profile rape case of Hyderabad veterinary doctor, of the three ‘encounters’ of non-Maoists in Telangana in 10 years, two were led by the same cop
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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.
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