"Justice Swarana Kanta Sharma should have recused herself or at least insisted that the recusal plea should be placed before another judge for hearing. But neither of these happened and the verdict is also self defensive, argumentative and accusational rather than analytical".
@sone_do_mujhe Whether denial of consequential benefits to him was justified by the High Court, when the petitioner was litigating for the last 15 years. He should be adequately compensated but he can't even claim seniority, what's the point of justice just to grant him the post.
Two days ago an uninformed @IndianExpress reporter did a hit job on a fine judge of the Allahabad High Court. The newspaper proprietor amplified the story with a gotcha tweet. This response by a member of the Allahabad bar, tells you the reality of the situation. The newspaper needs to apologise to its readers first and then reconsider its position. In an era where courts are hesitant to grant bail, such hit jobs only compound human misery and promote unnecessary incarcerations
https://t.co/vr1iGafaaB
Brig SS Shekhawat, KC, SC, SM, VSM- one of the most decorated officers with his 80 yrs old mother doing skydiving. Love for mother after having served the motherland 🇮🇳
Earlier version was much better, we can easily access the judgment based on equivalent citation of SCC, AIR etc but now accessibility is reduced. Don't know why they have done this..It's a very bad decision..
#SupremeCourt brings back captcha and old web interface to its digiSCR. The earlier web interface was quite better. We hope that there's no further roll back on this project. It was one of the best decisions taken during former CJI tenure.
Thats where the jurisdictional magistrate should exercise their powers while we all know rarely happens. This is the stage where people should be like kunal kamra just run and hide and obtain necessary court orders if you have time.
The arrest of Symbiosis law student from Gurgaon by West Bengal Police is a reminder that if there's an FIR against you and the state is determined, they will pick you up even from heaven. The fact that you're a woman, a student, and that you've apologised wouldn't really matter.
@raghavtwts 173(8) can be moved at any stage before delivery of judgment. Even Police can suo Motu order for further investigation. So you have to take the defence anyway for hearing the bail application.
This blog reflects how the SC uses its discretionary powers to grant bail on pick and choose manner without applying Legal parameters and further not applying broader principles to protect liberty. How stringent laws are used by executive, which are further strengthened by SC.
@hamzamlakdawala Writ Court will direct to avail alternative remedy u/s 156(3), then magistrate will call for report on the matter , after that FIR will be registered only if the magistrate is convinced.
'Jail is the rule ' should never become a norm. Constitutional Courts needs to give primacy to fundamental rights of the accused while dealing with long incarceration/pre-trial detention. Very good analysis sir , hope the Courts in future can follow this approach.
New blog post:
Revising the Basics? – On the Supreme Court’s Proclamation of “Jail as the Rule” in UAPA Cases --
https://t.co/wv32kaUEfz
[A guest post by Kartik Kalra.]
Even High Court refuses to interfere in fair investigation cases citing Sakiri Vasu and even a prayer of registration of FIR was not entertained citing remedy under 156(3) and no police personnel was ever punished for not registering FIR.
Replugging this piece on how the Supreme Court’s refusal to hold stay hearings benefits the executive In constitutional challenges:
The Mysterious Disappearance of the Stay Hearing —
https://t.co/9BxF7EjFtv
Jail before conviction should never become a norm, which is sadly the norm nowadays. Judiciary should be criticised for its inaction and becoming extended hand of the state.
As a Lawyer you should be completly against the arbitrary arrest of any person, everyone should have a liberty to approach SC, we all know that subordinate Courts will never grant a bail in sensitive matter. Even high court will send the matter to SC after rejection.
So now Kapil Sibal will decide how the Supreme Court of India should conduct its hearings!
When you fail in Court start browbeating the judiciary - incredible arrogance not expected from a veteran member of the Bar.
They had a very good experience of what will happen when the views of the judges are completely different from petitioner's view points and how government advocates opposes.
Distasteful to see a judge pick on law students for (allegedly) filing a motivated PIL. If the judiciary wants to show its teeth and claws against abuse of PILs, there are a many, far worse offenders it can start with. Don’t go after kids.