Tag: Supreme Court

Supreme Court restores Article 21 safeguards, calls 24-month UAPA custody without charge sheet illegal; sets aside Gauhati HC’s reliance on Sec 43D(7)

Bench rules that default bail is an indefeasible right and cannot be denied on grounds of nationality or alleged illegal entry

Beyond mere Recognition: The Jane Kaushik judgment and the next frontier of transgender equality

In a landmark decision, the Supreme Court acknowledged the dignity and rights of employment of transgender individuals, ordered monetary compensation for a transwoman teacher who had been terminated from her position, and ordered that a model Equal Opportunity Policy be made mandatory in all institutions, going further than the Constitution's promise of equality in private employment

Due Process Strengthened: Supreme Court mandates written, language-specific grounds for arrest under special laws and general laws

Building on Pankaj Bansal and Prabir Purkayastha judgements, the Court constitutionalised a uniform standard—every arrest, whether under IPC/BNS or special enactments, must be supported by written grounds communicated in the arrestee’s own language, failing which the arrest stands void

Union government challenges Calcutta High Court repatriation order, moves Supreme Court instead even as Bangladesh declares six deported Bengalis Indian citizens

Rather than complying with the Calcutta High Court’s directive to bring back six wrongly deported residents of West Bengal’s Birbhum district, the Union government has challenged the order in the Supreme Court — even as a Bangladesh court and multiple documents affirm the victims’ Indian citizenship

Supreme Court examines Forest Rights Act 2006 versus Conservation Law, makes national headlines

The rights of Adivasis and forest dwellers are, once again under threat as India's highest court considers the impact of Parliament’s wide-sweeping changes to the Forest Conservation Law (2023)

Understanding the Supreme Court’s Interim Intervention in the Waqf Amendments, 2025

Be it on the issue of the disproportionately stringent control over the Islamic institution of Waqf (as compared to the administration of Hindu muths or temples), the Supreme Court’s part interim reliefs to the controversial 2025 Waqf Amendment Act, risk a judicial stamp on the state’s sledgehammer approach; a detailed analysis of the SC’s interim order dated September 15, 2025

ADR refutes allegation of giving false voter affidavit in SC hearing

ADR clarifies no false affidavit was filed in Supreme Court, rebuts ECI counsel’s claims with verified voter data, upholds commitment to factual accuracy and non-partisan reporting, and expresses concern over treatment of elector involved following recent court proceedings

Mere Presence Does Not Imply Guilt: Supreme Court defines clear test for liability under unlawful assembly

In a significant ruling on mob liability, the Court acquitted ten men convicted for a 1988 double murder in Bihar, laying down a definitive test to distinguish innocent bystanders from participants in an unlawful assembly

SC acquits two men accused of rape of a minor; terms the case an example of shabby and lacklustre investigation

Acquitting two accused of gang rape due to a poor prosecutorial case and poor collection of evidence, the outcome in Putai vs. State of Uttar Pradesh means a double tragedy, failure of justice and closure to the minor victim and her family

Violence & Sanatan Dharma: Now suspended lawyer defends shoe attack on CJI Gavai, claims it was a protest against ‘bulldozer’ remark”

71-year-old lawyer who hurled shoe at CJI B.R. Gavai during live SC hearing defends the act as protest against ‘insult to Dharma’ and attributes his angst at the CJI’s recent remark in Mauritius — claims divine guidance, expresses no regret post-release; gets publicity from pro-government media channels

Liberty, Evidence and Cooperation: A legal analysis of Jugraj v. State of Punjab

The judgment in Jugraj is a textbook application of the Sibbia doctrine: Faced with a classic scenario Section 438 was designed to address: an individual facing arrest based on weak, potentially inadmissible evidence; by looking past the State's procedural objections to the substantive merits, the Court exercised its wide discretion to protect the appellant's liberty

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