For The Sake Of Victims, Let The ‘Rarest Of Rare’ Test Be Abolished

The parliament amended the Indian penal code introducing death penalty as a maximum punishment for rape of children below 12 years of age. One such crime occurred in Madhya Pradesh, and the accused got arrested the next day and was charge sheeted within three days. The Trial court completed trial within 46 days and delivered … Continue reading For The Sake Of Victims, Let The ‘Rarest Of Rare’ Test Be Abolished

SC Has Not Recognized Right Of A Non Ayyappa Devotee To Enter Sabarimala For Activities Other Than Offering Prayers/Worship

The Supreme Court in its Judgment in Sabarimala case, in effect, held that Ayyappa devotee women of whatsoever age cannot be denied entry to the shrine to offer worship of Lord Ayyappa. The judgment does not consider any rights of non believers of Ayyappa to enter the shrine as of right. It also does not … Continue reading SC Has Not Recognized Right Of A Non Ayyappa Devotee To Enter Sabarimala For Activities Other Than Offering Prayers/Worship

RS Chairman Has Discretion To Admit Or Reject The Impeachment Motion

This is what Senior Advocate Prashant Bhushan tweeted: “What!! VP Naidu rejects impeachment motion against CJI signed by 64 RS MPs! On what grounds? He has no power to say that charges are not made out. That's for the inquiry committee of 3 judges. He only has to see if it's signed by >50 MPs … Continue reading RS Chairman Has Discretion To Admit Or Reject The Impeachment Motion

Why commutation of Rajiv assassins death penalty is legally right ?

  The Supreme Court has overwhelmingly depended on the case Shatrughan Chauhan  vs. Union of India  to decide the issue of commutation of death penalty of the assassins of Rajiv Gandhi, our former Prime Minister.  The SC held in Shatrughan Chauhan case that “ If  there is undue, unexplained and inordinate delay in execution due to … Continue reading Why commutation of Rajiv assassins death penalty is legally right ?

Nudity is not obscenity if it carries good message : SC

The message, the photograph wants to convey is that the colour of skin matters little and love champions over colour. Picture promotes love affair, leading to a marriage, between a white-skinned man and a black skinned woman. We should, therefore, appreciate the photograph and the article in the light of the message it wants to convey, that … Continue reading Nudity is not obscenity if it carries good message : SC

Prior record of the conviction,a relevant factor in awarding Death Sentence, only if it has attained finality : SC

Important observations by Hon. Supreme Court in Birju Vs. State of M.P. can be read below The case before SC was about killing of a child aged one year who was in the arms of his grand-father, for which the accused was awarded death sentence by the trial court, which was affirmed by the High … Continue reading Prior record of the conviction,a relevant factor in awarding Death Sentence, only if it has attained finality : SC

Long delay in courts is a mitigating factor to decide on Quantum of Sentence : Supreme Court

  A man was accused of corruption in 1984, the case came up for trial in 1994, He was convicted in 2003. High Court refused to interfere in the findings of Trial court and took 10 years for it. Finally Supreme Court mitigated the sentence, and imposed a fine of Rs. 50,000.  This decision by … Continue reading Long delay in courts is a mitigating factor to decide on Quantum of Sentence : Supreme Court

10 things you must know about Section 377 IPC

The High Court had not deleted the section 377 of IPC in its entirety. It only made the penal provisions of Section 377 inapplicable to Consented homosexual carnal intercourse. The Supreme Court has not criminalized Homosexuality. It held that the Judiciary has no power to make new “Laws”. In otherwords, that it has no power … Continue reading 10 things you must know about Section 377 IPC

Much Ado about Section 377 IPC

LGBT activists protest against Supreme Court's verdict on homosexuality, in New Delhi on Wednesday. (PTI PHOTO)“SC criminalizes gay sex” was the heating topic to debate last day. Today’s newspapers have printed all those outrages and have created further fuss. Political parties are also outraged, and so is Sonia Gandhi, Chairman of the ruling front. She … Continue reading Much Ado about Section 377 IPC

Analysis of Minority Scholarship Judgement-1

A few Questions came to my mind as I was going through the Judgement by Gujarat Full Bench on the Issue of Constitutionality of Minority Scholarship. The important observations by the Judges is summarised here and the full judgement can be read here. However I will first state the Questions or rather confusions which I … Continue reading Analysis of Minority Scholarship Judgement-1