Rule of Law

SC greenlights SIR, upholds ECI’s power to revise electoral rolls

The SC has upheld the ECI’s power to conduct SIR expressly stating that the contested process does not violate either election law nor rules; Court however directs that cases of voter exclusion should be provided routes and methods of adjudication

Why no action against hate monger, BJP leader, Vikram Pawaskar asks Bombay HC

The high court bench also directed the police to ensure protection of petitioner, witness in the cause after concerns of safety were raised in the hearing

Students of the law move Bombay High Court challenging declaration of holiday on Ram Mandir inauguration day

According to the petition, the State government decision is nothing but expending from government exchequer for religious purpose which is prohibited under the Constitution. 

Bilkis Bano Case: Applications for extension to surrender to jail authorities by eleven convicted dismissed by SC

After having their remission quashed, two weeks were granted before surrender, applications were move by 11 convicted to SC citing marriage, harvesting winter produce, ill health

Muslim women need not move court to register divorce by talaq: Kerala High Court

The Court noticed and addressed a gap in the Kerala Registration of Marriages (Common) Rules, 2008 which did not provide for the registration of divorces that are obtained under personal law.

Bilkis Bano vindicated!

Persisting when anyone else would have dithered, Bilkis Bano and husband, Yakub Rasool kept their faith in the law and the Constitution

Chhattisgarh & Maharashtra: SC directs police to ensure no hate speech by BJP MLA Raja Singh & Hindu Jan Jagruti Samiti rallies

Even after the bench accepted that some of the speeches delivered by Singh previously were “certainly objectionable”, they refused to decline to stop the rallies, take pre-emptive action

Should the State Government intervene in cases of arbitrary orders by the Foreigners’ Tribunal?

In a recent decision of the Gauhati High Court that noted discrepancies and ignorance of procedure established by law in orders of the Foreigners’ Tribunal, has directed reviews by state government to the orders of the FT wherein “suspected illegal migrants/foreigners” are declared citizens

Justice once more for Bilkis Bano, but what now lies ahead?

Bilkis Bano has fought a hard, challenging battle. As one of the 1,958 women Muslim survivors of the targeted violence in Gujarat in 2002, she can now breathe some sighs of relief, if the convicts are “found” by the Gujarat police and report to prison by January 22 (the deadline set by the Supreme Court). There is also a possibility that these convicts now approach the Maharashtra government for remission under section 432 of the CrPC

Plea to NHRC: Fairly investigate into ‘enforced disappearance’ of youth off Bangla border

In a representation to the National Human Rights Commission...

Delhi HC: Foreigners cannot claim right to reside and settle in India, protections limited to Article 21

In a habeas corpus plea moved against restriction of movement of an alleged foreigner, the bench noted that foreign national cannot claim that he has right to reside and settle in India in terms of Article 19 (1) (e)

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SC greenlights SIR, upholds ECI’s power to revise electoral rolls

The SC has upheld the ECI’s power to conduct SIR expressly stating that the contested process does not violate either election law nor rules; Court however directs that cases of voter exclusion should be provided routes and methods of adjudication

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Bhodu Sekh Case: Union agrees before Supreme Court to repatriate deported Bengali-speaking individuals pending citizenship inquiry

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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