Right to Fair Trial Archives

Victim attaining majority during trial not entitled to “Child-Specific” safeguards under Section 33(2) of POCSO Act: Rajasthan High Court

“The law… does not permit a retrospective resurrection of childhood once the individual steps into legal adulthood; and to permit otherwise would be to dilute the doctrinal rigour of age-based legal classifications and introduce subjectivity into a domain that demands exactitude.”

Case Briefs High Courts

Rajasthan High Court seeks State’s response on denial to extend the tenure of Chairman and Members of Permanent Lok Adalat

The Court cautioned respondent 4 (Principal Secretary, Law and Legal Affairs Department) to remain “alive to his duty” to file a proper and complete affidavit.

Case Briefs High Courts

Rajasthan High Court takes suo moto action over non-functioning of 16 Permanent Lok Adalats

The Court noted that although courts generally refrain from interfering in government policy, they are constitutionally obligated to intervene when such decisions infringe upon rights like access to justice or fair trial.

Case Briefs High Courts

MP High Court imposes Rs 5 lakh fine on Bhopal DIG for suppressing evidence in murder probe

“The then SP Datia has no regards for the law of land, and he is in habit of functioning as a Police Officer according to his own whims and wishes, thereby giving a complete go-by to the law of the land.”

Case Briefs High Courts

“Accused’s right to lead defense evidence cannot be curtailed”; J&K High Court sets aside conviction; remands Acid Attack case to Trial Court

“Right to fair trial, presumption of innocence unless proven guilty and proof by the prosecution of its case beyond any reasonable doubt are the fundamentals of our criminal jurisprudence.”

Case Briefs High Courts

Disproportionate Assets | Calcutta High Court quashes FIR citing insufficient evidence and income assessment error during ‘Check Period’

“Section 482 CrPC, 1973, iterates the inherent power of the Court, which is extraordinary in nature and assiduously to be exercised to prevent the abuse of the process of any Court or otherwise to serve the ends of justice.”

Case Briefs High Courts

‘An accused has fundamental right to fair trial’; Madhya Pradesh High Court allows petition to call witnesses in a cross-case

Madhya Pradesh High Court opined that Section 243 of the CrPC nowhere bars the investigating officer of cross-case to appear on behalf of accused in the case in which he is a complainant.

Case Briefs Supreme Court

Fraudulent Trading| SEBI must disclose all relevant material, including Investigation Report, to noticee except certain sensitive information: SC

Supreme Court: In a case where the Court was dealing with the violation of the provisions of the SEBI (Prohibition of Fraudulent

Case Briefs High Courts

Del HC | Notice issued to NADA on athlete’s petition challenging Art. 7.3.1(f) of NADA Rules, 2015

Delhi High Court: A Division Bench of D.N. Patel, CJ and Prateek Jalan, J. addressed the grievance of international athletes who challenged

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC notice to Uttar Pradesh Government over reported mob beating of a murder accused person and negligence of public authority

The Commission takes suo-motu cognizance of the matter and directs the issuance of notice to the Director-General of Police, Uttar Pradesh calling

Case Briefs International Courts

ECHR | Holocaust denial not protected by European Convention on Human Rights; interference with rights under Arts. 10 & 6 must be examined in context of special moral responsibility

European Court of Human Rights: The Seven-Judge Bench comprising of Yonko Grozev (President), Angelika Nußberger, André Potocki, Síofra O’Leary, M?rti?š Mits, Gabriele