Moral Policing, POCSO & the Rule of Law
Watch Law Made Easy by SCC Times new episode which examines the legal framework under the Bharatiya Nyaya Sanhita, 2023, the Protection
unlawful assembly
Criminal Antecedents Are Not Merely a Matter of Record, They Bear Directly on Whether an Accused Will Abide by Bail Conditions: Supreme Court Cancels Bail of 3 in Hospital Murder Case
The Supreme Court set aside bail granted to 3 accused in a hospital murder case, holding that the High Court failed to consider their specific roles and serious criminal antecedents. The Court reiterated that custody period and delay in trial cannot alone justify bail in heinous offences involving armed mob violence.
‘Merely addressing the gathering’; Patna HC quashes assault case against Bihar Minister Santosh Kumar Suman
Upon perusal of the FIR and considering the submissions, the Court held that there was clearly no allegation of assault against Santosh Kumar and he was only addressing the gathering, which did not support the prosecution’s case.
“Gustakh-e-nabi ki ek saja, sar tan se juda” is challenge to sovereignty and integrity of India: Allahabad High Court
The slogan was first used in Pakistan and thereafter was spread to India and has been widely misused by certain Muslims just to intimidate people of other religions and to challenge the authority of the State.
Punjab and Haryana High Court quashes FIR against AAP leaders in protest over Lakhimpur Kheri incident
“In the absence of any allegation of commission of the offences by an unlawful assembly, as chargesheet has not been filed under Sections 147 as 147 and 149 of the IPC, the petitioners cannot be held liable for the alleged acts of causing hurt or assault by any of the protestors, even if the allegations are accepted of accepted as true.”
‘Members of unlawful assembly vicariously liable once common object and participation are proved, regardless of individual acts’; SC upholds conviction of 3 in murder case
“The Trial Court overlooked the consistent and corroborated testimony of injured eyewitnesses and failed to appreciate the legal effect of the active participation of the appellants as members of an unlawful assembly. The High Court, in reversing the acquittal, has given cogent and well-reasoned findings based on a proper appraisal of the record.”
‘Trial Court justified to declare trial futile after prosecutrix turns hostile and no incriminating evidence is adduced’: J&K and Ladakh HC upholds acquittal in rape case
“The prosecutrix is not an accomplice but rather the victim and the sole injured witness of the assault, and thus her evidence assumes great evidentiary value. But where she declines to identify the perpetrators, she is either a consenting party, or the persons being tried are not the actual perpetrators.”
‘Conviction not based on corroborative evidence’: Gujarat HC acquits three accused in 2002 post Godhra riots case
The present case is of year 2005, the judgment was delivered on 29-5-2006 and now it has been more than 19 years which has passed. Therefore, it will not be in the interest of the accused to remit or remand the matter to the Trial Court from the stage of recording the supplementary statement of the accused concerned under Section 313 of Criminal Procedure Code, 1973.
“Farmers’ protest against Jawai Dam water distribution as democratic dissent stemmed from genuine resentment”; Rajasthan High Court quashes FIR
“In a democracy, of the people, by the people, and for the people, peaceful protest is a constitutional right. Simply because an individual took to the streets to protest in order to safeguard their rights when their interests were affected does not imply that they have committed offences.”
Mere liking of a post does not attract penalty under S. 67 of IT Act or constitute a criminal offence: Allahabad High Court
“Even otherwise Section 67 of the IT Act is for obscene material and not for provocative material. The words “lascivious or appeals to the prurient interest” mean relating to sexual interest and desire, therefore, Section 67 IT Act does not prescribe any punishment for other provocative material.”
‘Mere presence at the spot, or arrest therefrom, not sufficient to prove that they were part of unlawful assembly’; SC acquits 6 in 2002 Gujarat Riots Case
“In cases of group clashes where a large number of persons are involved, an onerous duty is cast upon the Courts to ensure that no innocent bystander is convicted and deprived of his liberty.”
2024 SCC Vol. 9 Part 2
Civil Procedure Code, 1908 — S. 20 — Civil suit — Maintainability — Issue of territorial jurisdiction — Adjudication of, as preliminary issue
‘Every citizen has right to access temple and offer prayers’; Rajasthan High Court quashes FIR for alleged Trespass at Mahakaleshwar Mahadev Temple
“The fact that the petitioner belongs to a Scheduled Caste/Scheduled Tribe may have caused some discomfort among the Trustees, leading to the denial of access. Such conduct by the Trustees is unacceptable.”
‘No reference to show existence of criminal conspiracy’; Delhi Court discharges all 11 accused persons in Delhi Riots of 2020
“It does not appeal to logic and probability that persons in the mob of Muslim Community will raise slogan of “Jai Shree Ram” or they will beat a Muslim person, while acting as part of a mob in a communal riot between Hindu and Muslim.”
Calcutta High Court refuses to quash proceeding against teacher for involvement in Communal Disturbance case
Considering the nature of the alleged offences and the available evidence, the Calcutta High Court found a prima facie case against the petitioner to proceed to trial.
Allahabad High Court refuses to quash proceedings relating to widespread incidents of violation of public order during CAA-NRC protests in India
It is not that democracy and sovereignty are at crossroads. It is only that democratic rights have to be exercised in a lawful manner, so that order in society, which sovereignty has to uphold at all costs, is not lost.
‘Possible that the entire story was a complete set-up by police’; Supreme Court set aside conviction in rioting, criminal trespass and murder case
The Supreme Court doubted the prosecution’s story due to various lacunas existing in it, the manner in which the investigation was conducted and the material inconsistency in the statements of the eyewitnesses.
Know Thy Judge | Justice Pritinker Diwaker: The 50th Chief Justice of Allahabad High Court
Prior to being appointed as Allahabad High Court’s 50th Chief Justice, Justice Pritinker Diwaker had been working as the High Court’s Acting Chief Justice after elevation of former Chief Justice, Rajesh Bindal
Nature of allegations, Seriousness and Gravity of the offence must be considered along with cogent reasons for granting bail in serious offences; Supreme Court sets aside bail order of Allahabad HC
Supreme Court noted that one of the reasons for overcrowding of jails given by the Allahabad High Court in the impugned order cannot be considered for releasing on bail in the offences of serious nature
Protest by violent means can never be a part of Democracy, Delhi High Court overturns the discharge of accused in the Jamia violence case
“A protest cannot be allowed to endanger others, damage property, restrict essential services and such a protest cannot receive constitutional protection. The acts of violence and violent speech that instigates violence and endangers rule of law, damage public property and peace are not protected under the Indian Constitution.” opined the Delhi High Court