Justice Pankaj Mithal Bids Adieu to the Supreme Court: A throwback to His Dedicated Journey & Distinguished Career
Justice Pankaj Mithal began his career in law in the 1980s and subsequently went on to become Judge at the Supreme Court of India.
Justice Pankaj Mithal began his career in law in the 1980s and subsequently went on to become Judge at the Supreme Court of India.
“The parties shall be at liberty to take all remedies available in law for requiring the other spouse to place on record the affidavit as mandated under Rajnesh v. Neha, (2020) 2 SCC 324.”
“The arrest made before the registration of FIR, on the basis of illegal telephone tapping and unauthorized search and seizure, held to be illegal and unconstitutional.”
“Such unauthorized use does not only lead to unjust commercial enrichment but also infringes on the individual personality rights and in cases of a pornographic content tarnish the plaintiff’s reputation and goodwill.”
“The right to human life is to be treated on a much higher pedestal, regardless of a citizen’s religious belief. The mere fact that the petitioners are living in an interfaith relationship would not deprive them of their fundamental right as envisaged in the Constitution, being citizens of India.”
Defendant 1 had created and circulated AI-morphed content of the plaintiff including a movie titled ‘AI Love Story’
The grievance of the plaintiff arose from the manufacture, sale, promotion, and distribution of merchandise such as T-shirts, posters, mugs, keychains, and other products bearing his name, photographs, likeness, and persona, without authorisation.
“A person’s much less a woman’s dignity cannot be publicly maligned or defamed that too without consent which is the sine qua non for such publications.”
While the media enjoys freedom of speech and expression, but such right is not absolute and stands correspondingly delimited by the right of an individual to dignity and reputation.
“If it is intended to be a voluntary act, appropriate provisions clearly specifying such fact ought to have been incorporated in the form by providing option to the parents to refuse to submit their consent or to opt out of it entirely.”
“The Act does not create new constraints; rather, it operationalises the constitutional duties through a registration-cum-standards regime, a transparency mandate, and enforceable minimum requirements for emergency care and stabilisation.”
“It enables the Court to secure important documentary evidence that may be in the possession of individuals or organization and helps prevent the destruction, tampering or loss of crucial documents, thereby maintaining the integrity of the judicial process.”
Read about MeitY’s SOP mandating a 24-hour deadline to remove non-consensual intimate imagery online, empowering victims to reclaim their digital dignity.
“Scientific procedures, however advanced, cannot be employed as instruments of speculation; they must be anchored in demonstrable relevance to the charge and justified by compelling investigative need.”
“Since the film is an inspiration and a fiction, some amount of leeway is certainly permissible and merely because the same is done, it cannot be said that there has been any sensationalization or false portrayal.”
“The exemption under Section 8 of the RTI Act is available to information which would impede the process of investigation or apprehension or prosecution of offenders.”
While quashing multiple FIRs under UP Conversion Act, 2021, the Court observed that statutory requirement of making public the personal details of each person who has converted to a different religion, may require a deeper examination.
“Both in the context of images and videos, the morphing is so sophisticated and deceptive that it is virtually impossible to discern that the same are not genuine images/videos of the Akshya Kumar.”
“The balance of convenience does not persuade this Court to grant a blanket stay on the impugned Survey.”