Nature of Judicial Power

Ut Res Magis Valeat Quam Pereat

The act of ‘touching’ sexual part of body or any other act involving ‘physical contact’, if done with ‘sexual intent’, would amount to ‘sexual assault’ within meaning of Section 7 of The Protection of Children from Sexual Offences Act, 2012. Restricting interpretation of words ‘touch’ or ‘physical contact’ to ‘skin to skin contact’ would not […]

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Preventive Detention Statute II / The Revival of Ray LXXIV

Sarabjeet Singh Mokha is said to have procured fake Remdesivir injections which were administered to patients during COVID-19 pandemic to make illegal profits. Article 22 of the Constitution provides specific protections to undertrials and detainees in India. The communication of grounds is in aid of facilitating right of detenu to submit a representation against ‘order […]

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The Nature of Judicial Power: Pegasus

“If you want to keep a secret, you must also hide it from yourself.” ­- George Orwell, 1984. Orwellian concern. September, 2018 – Citizen Lab released software capabilities of a ‘spyware suite’ called Pegasus, produced by NSO Group. Historically, privacy rights have been ‘property centric’ rather than ‘people centric’. In 1604, in Semayne’s case, 77 […]

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The Rules of The Game Principle III

As was subtly recognized, State of Haryana v. Subash Chander Marwaha, (1974) 3 SCC 220, unnoticed in P.K. Ramachandra Iyer, Durgacharan Misra, Umesh Chandra Shukla, Rajendra Bhimrao Mandve and K. Manjusree, carries instructions on the Tej Prakash Pathak issue. Subash Chander Marwaha is crucial to understand the time when the ‘process of ascertaining eligibility’, before […]

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Environmental Jurisprudence I

Estragon:  Let’s go. Vladimir: We can’t. Estragon: Why not? Vladimir: We’re waiting for Godot. Samuel Beckett, Waiting for Godot, 1954. Let us now hark back to Waiting for Godot… with which, we started. National Green Tribunal must act, if exigencies so demand, without indefinitely waiting for metaphorical Godot to knock on its portal. NGT is […]

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Matters of Education II

Soutrik was successful in JEE 2020 (Mains) and was qualified and eligible to appear in JEE (Advanced), 2020. He scored Rank 4015. He secured admission in Chemical Engineering at IIT Kharagpur. Soutrik had also been offered B.S. (Mathematics) in IIT Bombay through a separate admission process based on his performance in Mathematics Olympiad. IIT alleges, […]

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Contempt Jurisdiction IX

We are of the view, contemnor is clearly guilty of contempt. His actions to scandalize the Court cannot be countenanced. He continues with his contumacious behavior. The apologies submitted by him are only endeavors to get out of consequences, again followed by another set of allegations. Thus, a charade. The last apology can hardly be […]

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Compoundable II

True it is, offences which are ‘non-­compoundable’ cannot be compounded by a Criminal Court in purported exercise of its powers under Section 320, CrPC. Any such attempt by Court would amount to alteration, addition and modification of Section 320, CrPC. There is no patent or latent ambiguity in language of Section 320 CrPC, which may […]

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Modified Voluntary Retirement Scheme

The present case is not one of resignation per se but of exercising an option available under Modified Voluntary Retirement Scheme. Clause 5.1 required, the post to be abolished simultaneously with request of voluntary retirement being accepted. This had to be done before disbursing retirement benefits. There was a specific stipulation, no person would be […]

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Section 37 of The NDPS Act II

Union of India v. Shiv Shanker Kesari, (2007) 7 SCC 798 observed, bail may be cancelled if it has been granted without adhering to parameters under Section 37. Given seriousness of offences punishable and in order to curb menace of drug-trafficking, stringent parameters for grant of bail have been prescribed. Union of India v. Prateek […]

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Compensatory Jurisprudence of Constitutional Courts XII

Krishan Pal Singh was appointed as Clerk-cum-Cashier in Allahabad Bank on 23.09.1985 and his service was confirmed on 24.03.1986. During 1989, he was posted in Aurangabad Branch, District Lakhimpur Kheri, Uttar Pradesh. On 08.02.1989, there was a fire accident. Balak Ram, prime accused, was Krishan’s friend. Alleging involvement in incident relating to burning of Allahabad […]

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The Doctrine of Basic Structure II

I do not think there is any serious contestation. Constitution of Kenya, 2010 has a Basic Structure. Constitution of Kenya (Amendment) Bill, 2020 violates certain components of our Constitution’s Basic Structure. [Mr. Justice D.K. Musinga, President of Court of Appeal] Constitutions, like human beings, are never perfect. Judges were agreed, Indian Constitution has a Basic […]

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