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The Trial Court has categorically observed that the investigation progressed substantially during the extension of the accused persons’ detention and the investigation had not been stagnant.
“Where there are two views, one giving rise to mere suspicion and the other to grave suspicion, the Judge would be justified in refusing discharge if satisfied that strong suspicion exists. The existence of some essential material giving rise to strong suspicion necessary for drawing a charge and refusing discharge is required.”
“Creating a false appearance of having solved a case by presenting that the accused had been brought to justice gave a misleading sense of resolution. This deceptive closure undermined public trust and falsely reassured society, while in reality, the true threat remained at large.”
“It is for the trial Court to decide it on the basis of the evidence as to what is the material available to prove or otherwise the charges which have been framed.”
“A person cannot be a juvenile for one purpose and an adult for other purpose. The Courts lean strongly against any construction which tends to reduce a statute to a futility.”
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.
Some clear and definite guidelines are required to be issued to the Courts of Magistrates and to the investigating agencies to follow the procedure of giving a remand report sufficiently in advance to the arrested accused before his first remand application is considered by the appropriate Court.
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.
A quick legal roundup to cover important stories from all High Courts this week.
A quick legal roundup to cover important stories from all High Courts this week.
When a terrorist organization like LeT is involved, which has already taken responsibility for various terror attacks in India, the tacit or active support to such an organization cannot be condoned in any manner.
“Religious terrorism is a tragic and dangerous phenomenon that distorts the true teachings of faith and causes immense harm to individuals and societies. While the roots of religious terrorism are deep and complex, it is crucial to understand that no religion inherently supports violence or terror.”
Justice Sandeep Mehta, formerly the Chief Justice of Gauhati High Court, took oath of office as Judge of Supreme Court of India on 9-11-2023 and will be retiring on 10-01-2028.
A quick legal roundup to cover important stories from all High Courts this week.
Special statutes have stringent conditions for grant of bail but they should not become means to detain the accused without there being any possibility of concluding the trial, expeditiously. Merely charging an accused person under the provisions of these special statutes should not become a punishment in itself which violates Article 21.
The appellants are technologically savvy persons who have made use of their educational qualifications to promote terrorism and incite offensive activities against the country. Such cases would have to be dealt with differently than cases involving innocent persons, who may have been pulled into crime without their knowledge.
Justice Siddharth Mridul started his legal career in 1986 from Delhi High Court and for 37 years served his parent High Court in the capacity of an Advocate and then a Judge. In October 2023, Justice Mridul took charge as the 7th Chief Justice of Manipur High Court.
The petitioner claimed to be the Prime Minister of a trans-national government of Tamil Eelam and the impact of allowing such a person to intervene in UAPA proceedings, not being a member of the LTTE or an office bearer of the LTTE, is far reaching.
Mere presence of the antecedents will not lead to a presumption about the active involvement of the accused in any activity, without any material proof in support.