Showing posts from 2018

Supreme Court’s Recent Observations On Criminals And Death Penalty

It has to be stated right at the outset that in a landmark judgment titled Rajendra Pralhadrao Wasnik v State of Maharashtra in Review Petition (Criminal) Nos. 306-307 of 2013 in Criminal Appeal Nos. 145-146 of 2011 delivered on December 12, 2018 which is certainly going to be a trendsetter in the time to come, a three Judge Bench of the Supreme Court comprising of Justice Madan B Lokur while authoring this landmark judgment for himself, Justice S Abdul Nazeer and Justice Deepak Gupta clearly and convincingly held that criminals are also entitled to life of dignity and probability of reformation/rehabilitation to be seriously and earnestly considered before awarding death sentence. We thus see that pertinent issues are discussed on ‘sentencing’ which shall be discussed indepth now in the coming paragraphs. It will help us better understand and appreciate the intricacies of law!
                                    To be sure, this landmark and laudable judgment begins at the outset by f…

1984 Anti-Sikh Riots: Delhi HC Awards Life Term To Congress Leader Sajjan Kumar

To begin with, it has been a long and gruelling wait of 34 long years for the survivors of 1984 anti-Sikh riots to finally see one big leader Sajjan Kumar being sentenced to life term by Delhi High Court in a recent landmark judgment titled State Through CBI vs Sajjan Kumar & Ors in CRL.A. 1099/2013 reserved on 29th October 2018 and pronounced on 17th December 2018. This landmark and laudable judgment was authored by Justice Dr S Muralidhar of Delhi High court for himself and Justice Vinod Goel. But there is still a long way to go because many other big stalwarts of Congress party like Jagdish Tytler among others have always been under the scanner but have somehow managed to save themselves from the long arms of the law as the Akali leaders among others keep pointing out repeatedly!
                                     At the outset, this historic judgment begins by bringing out that, “In the summer of 1947, during partition, this country witnessed horrific mass crimes where severa…

SC Dismisses Petitions Seeking Probe Into Rafale Deal

In what has come as a big shot in the arm for the present ruling dispensation at the Centre led by PM Narendra Modi, the Supreme Court in its landmark judgment titled Manohar Lal Sharma vs Narendra Damodardas Modi & Ors in Writ Petition (Criminal) No. 225 of 2018 with W.P. (C) No. 1205/2018, W.P. (Crl) No. 297/2018 and W.P. (Crl) No. 298/2018 delivered on December 14, 2018 has dismissed a string of petitions seeking an independent probe into the 2015 Rafale deal, according it a clean chit in all respects – decision-making, pricing and procurement procedure. The Bench of Chief Justice of India Ranjan Gogoi and Justices SK Kaul and KM Joseph pronounced this landmark, laudable and excellent judgment on a batch of PILs by Advocates ML Sharma, Vineet Dhanda, Prashant Bhushan and former Union Ministers Arun Shourie and Yashwant Sinha and AAP MP Sanjay Singh for registration of FIR and Court-monitored investigation by CBI into corruption allegations in Rafale deal. All petty politics mus…

Bombay HC Quashes Government Resolution Making It Mandatory For Assistant Public Prosecutors To Secure 25% Conviction For A Promotion

It must be noted first and foremost that in a landmark judgment with far reaching consequences for Assistant Public Prosecutors, the Aurangabad Bench of Bombay High Court in Maharashtra State Public Prosecutors Association Through its President Sanjay Purushottam Deshmukh versus 1. The State of Maharashtra Through its Secretary, Home Department, Mantralaya, Mumbai. 2. The Director of Prosecution, State of Maharashtra, Church Gate, Mumbai in Writ Petition No. 8117 of 2017 which was  reserved on 10th July 2018 and pronounced on 24th August 2018, has quashed resoundingly a government resolution dated May 12, 2015 imposing a condition that the Assistant Public Prosecutor, whose rate of conviction is less than 25% of the cases handled by him, is not entitled to promotion and thus accepted the contention of the petitioners as valid. A Division Bench of Justice SV Gangapurwala and Justice SK Kotwal at Aurangabad held that the said notification was irrational, unreasonable and against the law…