Posts

Showing posts from September, 2018

Citizens Fundamental Rights Cannot Be Held Hostage To Inordinately Long Inquiry Conducted By Passport Authorities: Delhi HC

Image
It has to be said right at the outset that in a landmark judgment with far reaching consequences, the Delhi High Court in Jasvinder Singh Chauhan v Union of India W.P. (C) 2091/2018 & C.M. Nos. 8677/2018 & 3544/2018 dated September 11, 2018 has clearly and categorically reiterated that denial of passport or its non-renewal without assigning reasons as listed under the Passports Act, 1967 infringes the fundamental rights guaranteed under the Constitution of India. This landmark judgment was delivered by Justice Vibhu Bakhru of Delhi High Court on a writ petition filed by one Jasvinder Singh Chauhan who was praying for the renewal of his passport and issuance of a fresh passport to him. Jasvinder works as a truck driver in Canada on a legal work permit.
                                  While craving for exclusive indulgence of esteemed readers, it must be informed here that in September 2016, he was nominated by the British Columbia Provincial Nominee Program, Ministry of Jobs, …

Court Must Not Go Deep Into The Matter While Considering Bail Application: SC

Image
To begin with, in a latest and significant judgment with far reaching consequences, the Bench of Apex Court comprising of Justice L Nageswara Rao and Justice Mohan M Shantanagoudar in State of Orissa v Mahimananda Mishra in Criminal Appeal No. 1175 of 2018 (Arising from SLP(Criminal) No. 5440/2017) With Criminal Appeal No. 1176 of 2018 (Arising from SLP (Criminal) No. 6006/2017 delivered on September 18, 2018  said clearly and convincingly that the court must not go deep into merits of the matter while considering an application for bail and all that needs to be established from the record is the existence of a prima facie case against the accused. It held that, “We are of the view that the High Court was not justified in going into the evidence on record in such a depth which amounts to ascertaining the probability of the conviction of the accused.” The Apex Court in this landmark case has cancelled the bail granted by the Orissa High Court to an ‘influential’ businessman accused in …

Reputation Of An Individual Is An Insegregable Facet Of His Right To Life With Dignity: SC In Nambi Narayanan’s Case

To begin with, it is most hurting and most shocking to learn that a top eminent former scientist of the Indian Space Research Organisation (ISRO) was harangued, humiliated and harassed not in Pakistan or China or any other foreign country but in his own motherland that is India where he worked tirelessly by traitors who laughed endlessly as India’s space programme suffered hugely and got behind by decades! Not just this, S Nambi Narayanan along with another former ISRO scientist D Sasikumar was arrested on November 30, 1994 and both spent 50 days in jail and were allegedly tortured in jail not by terrorists or dacoits but by police on charges of espionage. This was done at the behest of the State Intelligence Bureau Team in Thiruvananthapuram in Kerala. Neither the PM of India at that time nor the President of India at that time took any interest in this whole sordid saga which  witnessed the worst torture of our top scientists of ISRO for reasons known best to them! This should never…

Punjab & Haryana HC Orders Rape Convict, Mother To Pay Rs 90 Lakh As Compensation To Victim, Her Parents

It must be said right at the outset that in a landmark, exemplary and unprecedented decision which must be applauded by all, the Punjab and Haryana High Court in Nishan Singh v State of Punjab CRM No. 35406 of 2013 In CRA-D-781-DB of 2013 and CRM No. 34198 of 2013 IN CRA-D-722-DB of 2013 which was delivered on August 31, 2018 has ordered one Nishan Singh Brar, convicted of abduction and rape of a minor victim girl, and his mother Navjot Kaur to pay Rs 90 lakh towards compensation. This is truly laudable! Why should the rape victim and her parents not be compensated for such a heinous crime like rape which deserves the strictest punishment and zero tolerance because it completely ruins the reputation of victim and her family and leaves permanent scar on the mind of rape victim and her family from which it is very difficult to come out?
                                      It may be recalled here that Nishan Singh has already been convicted by the trial court and sentenced to life impri…

Uttarakhand HC Dismisses “Contempt Petition” Against Sitting HC Judge Lok Pal Singh As Not Maintainable

To start with, in a landmark judgment with far reaching consequences, the Uttarakhand High Court Bench comprising of Justice Rajiv Sharma and Justice Sudhanshu Dhulia in Chhitij Kishore Sharma v Mr Justice Lok Pal Singh in Criminal Contempt Petition No. 18 of 2018 delivered on September 4, 2018 while holding that contempt proceedings cannot be initiated against a Judge of Court of Record, on allegations of committing a contempt of his own Court has dismissed as “not maintainable” the criminal contempt petition moved by an advocate against Justice Lok Pal Singh for allegedly losing his temper and using intemperate language against the petitioner in open court. Justice Sudhanshu Dhulia notes right at the outset of this landmark judgment that, “This petition before us has been filed by a practicing Advocate of this Court, bringing to our notice an alleged “Contempt of Court”, said to be committed by a sitting Judge of this Court, who is the present respondent.” The petition filed by Chhi…