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“Even in a case where there is an express bar for exercising jurisdiction by the civil courts, the consideration as to the scheme of the statute in question and the adequacy or sufficiency of the remedy provided, is permissible in law.”
“In a democracy governed by the rule of law, the power to detain a person without trial, for security of the State or maintenance of public order must be strictly construed. But where individual liberty comes into conflict with the security of the State or public order, then the liberty of the individual must give way to the larger interests of the nation.”
“Bail or jail belongs to the blurred area of criminal justice system which largely hinges on the hunch of the Bench, otherwise called judicial discretion. The Court should take cognizance of the fact that the liberty of an individual whose involvement has not been established in the commission of an offence, should not be lightly dealt with. Incarceration creates a concavity in the personality of an individual.”
“The trial Court somewhere missed to take note as to what happened to the little baby who said to have sustained burn injuries on the back. If accused was the author of the crime and was present on the spot, then why did he not make effort to evacuate his 2.5 years old son from the raging flames.”
“The petitioners acted in their own volition and acquired citizenship of a foreign Country. The passports and the residential permit issued to them were cogent, unequivocal evidence of the fact that the petitioners were not citizens of India.”
“This Court in exercise of its powers under Section 528 of the BNSS cannot hold a mini trial to ascertain the veracity of the plea of alibi put up by the petitioners.”
“The Court, while ordering the removal of encroachments, directed that the officials concerned should use minimal force so that no unnecessary harassment was caused to anyone.”
“Human rights are the most sacrosanct component of a human life and, therefore, there are occasions when a constitutional court is supposed to come up with SOS like indulgence.”
Justice N. Kotiswar Singh was serving as the Chief Justice of Jammu & Kashmir and Ladakh High Court, prior to being elevated as Judge of the Supreme Court of India on 18-7-2024.
When the Court requested the advocate to remove her face cover, she asserted that a woman advocate can appear with her face covered and claimed the same as her fundamental right.
A quick review of various High Court cases reported this week
by Vasanth Rajasekaran* and Harshvardhan Korada**
Justice N. Kotiswar Singh was serving as the Chief Justice of Jammu & Kashmir and Ladakh High Court, prior to being elevated as Judge of the Supreme Court of India on 18-7-2024.
Have a quick look at what the High Courts across the country adjudicated on through this week.
The Court pointed out that the petitioner could have been detained only under Section 8 (1)(a-1) of the PSA and not under Section 8(1)(a) of the PSA, as both the clauses (a) and (a-1) operate in different fields
Sitting Judge of the Supreme Court of India, Justice Pankaj Mithal began his tryst with law in the 1980s.
The Judges were appointed by the President of India in exercise of the power conferred by Article 217(1) and Article 224(1) of the Constitution respectively.
“In other words, a detenue may be able to make an effective representation if the details of the facts, on the basis of which conclusion is drawn by the detaining authority, are furnished to him”.
It was further pointed out that Greater Kashmir is a popular newspaper and the impugned news articles condemning the DAV School management will obviously leave the public with a prima-facie impression that the DAV Management has acted as if “fence eating the crop”.
The Court noted that petitioner had been made to suffer loss of his liberty for a cumulative period of more than 1080 days of preventive custody covered under the span of four detention orders in row from 2019 to March 2024.