It was my request to the Supreme Court that all while they let go of death in case after case, to not only explain always why those cases are not ‘rarest of rare’, but also explain whether death is a penalty or an award. In the last 11 months, I have briefly described 15 cases whereby […]
Read more "Review of Death Penalty XVI-XVII-XVIII"“It must be noted that though it may be a relevant consideration in sentencing that the evidence in a given case is circumstantial in nature, there is no bar on the award of the Death Sentence in cases based upon such evidence [Swamy Shraddananda v. State of Karnataka, (2007) 12 SCC 288; Ramesh v. State […]
Read more "Review of Death Penalty XV"The primary function of the Courts is to interpret and apply the laws according to the will of those who made them and not to transgress into the domain of policy-making. It is not for the Court to pronounce policy. It cannot term a particular policy as fairer than the other. Courts must exercise restraint. “Untouchability […]
Read more "Untouchability"Sahi Ram was driving a Tavera, RJ27-TC-0323. The vehicle was searched, during which 7 bags of poppy straw, the gross weight being 223 kilograms, were found behind the driver’s seat. Sahi Ram was convicted for offence punishable under Section 8 r/w Section 15 of The NDPS Act; sentenced to suffer rigorous imprisonment for 15 years […]
Read more "223 Kilograms of Poppy Straw"The incident occurred on 01.05.1997. Additional Sessions Judge, Ambala adjudicated with finality on 09.06.1998. High Court of Punjab and Haryana adjudicated with finality on 05.03.2008. It wasn’t ever final. Smt. Gargi [Wife] was charged with the imputation that she killed Tirloki Nath [Husband] by strangulation and hung the dead body, as if it were a […]
Read more "The Perfect Murder"King-Emperor v. Khwaja Nazir Ahmad, AIR 1945 PC 18 has been quoted with approval, several times. The functions of the Judiciary and the Police are ‘complementary’ and not ‘overlapping’. They must be left to exercise their own function, subject to exceptions. Investigation into crimes is the prerogative of the Police and excepting in ‘rare cases’ […]
Read more "The Nature of Judicial Power: Hon’ble Justice R. Banumathi"A consent based on misconception of facts is not a consent in the eyes of the law. In the context of a promise to marry, there is a distinction between a false promise given on the understanding by the maker that it will be broken and breach of a promise which is made in good […]
Read more "Section 375, Indian Penal Code"