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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.
GOI relents to Parliament pressure, will consider legal provisions against lynching
Sabrang India has been reporting on the questions raised by the Members of Parliament and the answers given by the ruling government in response. It has been observed that the question about the government’s intention on introducing a law against lynching has been asked 13 times in the Parliament until now.
Foot in the door? SC agrees to hear ADR’s plea seeking stay on disputable electoral bonds scheme
A bench led by the CJI SA Bobde has agreed to hear the plea by ADR in January
SC releases P Chidambaram on bail
He had spent 106 days in jail following arrest by the Enforcement Directorate (ED) in a money laundering case
Journalist threatened by police for reporting inaction in Sultanpur rape case: UP
The UP police have been intimidating him for exposing a rape case that they tried to conceal
K’taka HC questions on detention centres reveals govt’s plans to build 35 centres across state
This is probably the first case where the crucial issue of detention centres has been brought forth by Karnataka High Court. With the increasing furore around NRC (national Register of Citizens) and the Citizenship Amendment Bill (CAB) which is yet to be tabled in the Parliament, the question of detention centres --which have their deplorable unaccountable trajectory in Assam-- has now a relevance in Karnataka.
Guwahati HC raps Assam govt, salaries of 221 Foreigner Tribunal members unpaid
Days ago, the non payment of salaries of members of Foreigners Tribunals (FTs), once again, invited the Guwahati HC’s censure. At a hearing held on Constitution Day, November 26, the court questioned the Assam govt’s treatment of these Tribunals, and demanded compliance by December 4
Lower Courts warming up to the idea of taking evidence via Video Conference
The practice of recording evidence via video conference is one that strengthens the idea of witness protection. It is also a mark of adaptive change in the judiciary which is allowing itself to be in line with technological advancements for better and efficient dispensation of justice. In 2003, in a landmark judgement, the Supreme Court interpreted Section 273 of the CrPC (Code of Criminal Procedure) to allow recording of evidence through video conferencing.
FIR filed against NRC ex-coordinator on graft charges
Assam Public Works (APW), the original petitioner in the ongoing Supreme Court case about the National Register of Citizens (NRC) has alleged that Prateek Hajela, former NRC state coordinator who was in charge of conducting the exercise, has misappropriated government funds allocated to the project.
Public consultation? Govt of India ‘didn’t consult’ even CIC before amending RTI Act
Information accessed under the Right to Information (RTI) Act...
NHRC calls Gujarat authorities callous, irresponsible
India has not been taking cases of custodial deaths seriously and hence the attitude of concerned authorities towards such cases reflects their general apathy. Accustomed to not being held accountable for custodial deaths, these officials have defied judicial orders in Gujarat now.
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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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