Aftab was lodged in Tihar when he met Asif Reza Khan. Asif introduced Aftab to Omar Sheikh who had a profound effect. December, 1999: Government of India was forced to release Omar Sheikh in exchange for the safe return of IC 814. Aftab Ansari, soon after, was issued a Pakistan Passport [J872142, Safir Mohammad Rana]. […]
Read more "Tihar to Tihar"Section 2(33), The Juvenile Justice (Care and Protection of Children) Act, 2015: “heinous offences” includes the offences for which the minimum punishment under The Indian Penal Code, 1860 or any other law for the time being in force is imprisonment for 7 years or more; xxx xxx xxx Learned Senior Counsel, Siddharth Luthra submitted that, […]
Read more "Section 2(33), The Juvenile Justice (Care and Protection of Children) Act, 2015"“Medical negligence comprises of the following constituents: (i) A legal duty to exercise due care on the part of the medical professional; (ii) failure to inform the patient of the risks involved; (iii) the patient suffers damage as a consequence of the undisclosed risk by the medical professional; (iv) if the risk had been disclosed, […]
Read more "Medical Negligence and Consumer Law II"“What is the meaning to be attached to the words ‘making of an imputation’ and ‘publishing of an imputation’? This question has been set out with clarity in Mohd. Abdulla Khan v. Prakash K., (2018) 1 SCC 615. “The difference between ‘making’ of an imputation and ‘publishing’ the same is: If ‘X’ tells ‘Y’ that […]
Read more "Section 499, Indian Penal Code V"“Nothing is on record to show that Suraj was ‘highly’ inebriated. It can safely be said Suraj was very much in the senses and was conscious of the fact that if kerosene is poured and match stick is lit and put on the body, a person might die due to burns. Kalu Ram v. State […]
Read more "An Intoxicated Murder"It was claimed that ‘LoveRatri’ [Night of Love] hurts sentiments of Hindus and distorts the meaning of ‘NavRatri’ [Nine Nights], a sacred festival. After doing the needful, Salman Khan, on 18.09.2019, thus tweeted:Hon’ble Supreme Court of India, on 27.09.2018, having regard to the assertion that ‘LoveYatri’ [Journey of Love] has obtained certification from Central Board […]
Read more "Being Salman Khan"“It is a well established position that when statutes are unambiguous, the Court must adopt plain and natural meaning irrespective of the consequences [Nelson Motis v. Union of India, (1992) 4 SCC 711]. On a bare reading of Section 207 of The Criminal Procedure Code, 1973 no other interpretation is possible. We hold that the […]
Read more "Cloned Copy of Electronic Record"The Class of 83 chronicles the adventures of Police Officer, Pradeep Sharma. S. Hussain Zaidi is an expert as regards investigative, crime and terror reporting. The present effort is excellent for the fact that it identifies innumerable characters, until now only enveloped in questionable memories. Excerpt follows. _____ In the late 1980s, there was only […]
Read more "Luck or Fate, Pradeep Sharma"“The use of the term ‘assist’ in the proviso to Section 24(8) of The Code of Criminal Procedure, 1973 is crucial, and implies that the Victim’s Counsel is only intended to have a secondary role qua the Public Prosecutor. In our considered opinion, a mandate that allows the Victim’s Counsel to make oral arguments and […]
Read more "Section 24(8) of The Code of Criminal Procedure, 1973"The Directorate of Revenue Intelligence, Kolkata Zonal Unit intercepted Anand on 09.06.2019 near Dankuni Toll Plaza, West Bengal, while he was travelling on a bus from Siliguri to Kolkata, carrying 8 kilograms of gold of foreign origin valued at Rs. 2.71 Crores. Anand stated he had been engaged by Ashok Kumar Jalan and Amit Jalan, […]
Read more "Gold Smuggler, Ashok Kumar Jalan"There is an illustrious list of dissenting opinions that are still written on by academicians. They could be noted down for future perusal. However, all in all it’s just another brick in the wall. Learned Senior Counsel, Siddharth Luthra in Manoharan v. State, Inspector of Police, Coimbatore, [Review Petition (Criminal) Nos. 446-447 of 2019] submitted that Death […]
Read more "Review of Death Penalty XIV: Double View"Section 45 of The Evidence Act, 1872 allows for an opinion of an expert as a relevant fact when the Court has to form an opinion upon a point of foreign law, science or art or as to the identity of handwriting or finger impressions. In Murari Lal v. State of Madhya Pradesh, (1980) 1 […]
Read more "Experts V: Handwriting Experts"Khaki Files chronicles the adventures of Police Officer, Neeraj Kumar. He joined the IPS in 1976 and retired as the Commissioner of Police, Delhi in 2013. The Government of India recognized his good work by awarding him the Police Medal for Meritorious Service in 1993 and the President’s Police Medal for Meritorious Service in 1999. Khaki Files comes […]
Read more "The Da Lakhvi Code"It should be interesting to note that crushed capsules of poppy, ‘poppy husk’, even though isn’t ‘poppy straw’, bears the same meaning as ‘poppy straw’ under The NDPS Act. Baljinder Singh was driving a Qualis, PB-13-D-7000. Khushi Khan was sitting with the driver. The vehicle was searched, during which 7 bags of poppy husk, each […]
Read more "238 Kilograms of Poppy Husk"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"