Prisons Are For Punishing Convicts, Not For Detaining Undertrials In Order To 'Send Message To Society': Delhi HC Holds While Granting Bail To Delhi Riots Accused
4 years, 10 months ago

Prisons Are For Punishing Convicts, Not For Detaining Undertrials In Order To 'Send Message To Society': Delhi HC Holds While Granting Bail To Delhi Riots Accused

Live Law  

While granting bail to a person accused of burning a shop during Delhi riots, the Delhi High Court held that 'sending a message to society' can't be basis for denying bail, if the court is otherwise convinced that no purpose in aid of investigation and prosecution will be served by keeping the accused in judicial custody. Arguments Made By State Appearing for State, Additional Public Prosecutor submitted that the accused was identified by the complainant, Constable Vikas, as well as the CCTV footage from outside the Rajdhani School. The court also showed doubts on the claim that CCTV camera from a school which was situated 400 metres away could capture the incidents taking place outside the complainant's shop. While granting bail, the court highlighted that: 'While ordinarily this court would not have entered upon any discussion on the evidence at the stage of considering bail, however here is a case where a purported unlawful assembly of some 250-300 persons is alleged to have committed offences; of which the police have picked-up only two, one of them being the applicant.

Delhi Court Applicant State Accused Cctv Complainant John  prisons  state  john  holds  order  bail  undertrials  delhi  message  punishing  complainant  accused  send  footage  riots  case  society  applicant  submitted  court

History of this topic

Separatist Leader Nayeem Khan Moves Delhi High Court Against Prison Circulars Over Withdrawal Of Calls, E-Mulaqat Facilities
1 month, 3 weeks ago

Separatist Leader Nayeem Khan Moves Delhi High Court Against Prison Circulars Over Withdrawal Of Calls, E-Mulaqat Facilities

Live Law  

Separatist leader Nayeem Ahmad Khan has moved the Delhi High Court challenging various circulars issued by the Prison authorities over the alleged withdrawal of phone calls and e-mulaqat facilities to him. It is his case that the impugned circulars are arbitrary and ultra vires Sections 49 of the Delhi Prisons Act, 2000, and Rules 629 to 633 of the Delhi …

Prima Facie 'Law Maker Broke The Law': Punjab & Haryana HC Refuses MLA Mamman Khan's Plea Against Separate Trial In Nuh Violence Case
3 months, 2 weeks ago

Prima Facie 'Law Maker Broke The Law': Punjab & Haryana HC Refuses MLA Mamman Khan's Plea Against Separate Trial In Nuh Violence Case

Live Law  

The Punjab & Haryana High Court has dismissed the plea filed by Congress MLA Mamman Khan against segregation of his trial by the trial court in Nuh from other accused in connection with the July 2023 Nuh violence case. Justice Mahabir Singh Sindhu said, "in view of the charges framed by learned trial Court, prima facie, it is discernible that …

Nadeem Khan created false narrative: Delhi police to high court
Trending News
3 months, 3 weeks ago

Nadeem Khan created false narrative: Delhi police to high court

Hindustan Times  

Human rights activist Nadeem Khan, through “targeted dissemination of selective and misleading information”, attempted to create a narrative of portraying members of a “particular community” as victims of “systematic oppression” by the incumbent government, the Delhi Police has told the Delhi high court. In an affidavit filed before the high court on December 5 opposing the petition filed by Khan, …

Nadeem Khan wanted narrative of particular community's victimisation: Police to Delhi HC
Trending News
3 months, 3 weeks ago

Nadeem Khan wanted narrative of particular community's victimisation: Police to Delhi HC

Hindustan Times  

New Delhi, The Delhi police has claimed before the Delhi High Court that activist Nadeem Khan, booked in an alleged case of promoting enmity, through "targeted dissemination of selective information" sought to create a narrative of a particular community's victimisation by the incumbent government. Nadeem Khan wanted narrative of particular community's victimisation: Police to Delhi HC The police said such …

'Delegitimising human rights': What does the police action against Nadeem Khan reveal?
3 months, 3 weeks ago

'Delegitimising human rights': What does the police action against Nadeem Khan reveal?

New Indian Express  

The Delhi Police attempted to illegally detain prominent human rights activist and national secretary of the Association for Protection of Civil Rights, Nadeem Khan, just hours after filing a first information report accusing him of "promoting enmity between groups" on November 30. The FIR was filed the next day and within hours police personnel from the Shaheen Bagh police station …

HC tells jail authority to decide plea on lack of facilities for visiting lawyers
4 months, 4 weeks ago

HC tells jail authority to decide plea on lack of facilities for visiting lawyers

The Hindu  

The Delhi High Court on Monday directed the Director General to decide a representation on the purported lack of facilities for lawyers visiting their clients in jails. ‘Expedite process’ The court disposed of the plea over the issue and directed the jail authority to decide the representation expeditiously, preferably within four weeks. The petition was filed by Shyam Sunder Aggarwal, …

HC seeks Tihar Jail reply as Sunjay Singh claims denial of meeting with Kejriwal
6 months, 4 weeks ago

HC seeks Tihar Jail reply as Sunjay Singh claims denial of meeting with Kejriwal

The Hindu  

The Delhi High Court on Wednesday asked the Tihar Jail authorities to respond to a plea by Aam Aadmi Party Rajya Sabha member Sanjay Singh claiming that he was not being allowed to meet Chief Minister Arvind Kejriwal in prison. Mr. Singh said the jail authorities denied him a physical meeting with the Chief Minister, who is lodged in Tihar …

HC rejects 1993 bomb blast convict’s plea for transfer to open prison
1 year, 11 months ago

HC rejects 1993 bomb blast convict’s plea for transfer to open prison

Hindustan Times  

MUMBAI: The Bombay high court has upheld the decision of the inspector general of prisons and rejected a plea filed by March 1993 Mumbai serial bomb blasts convict, Sardar Shahvali Khan, seeking a transfer to open prison. The IG had also claimed that Khan was convicted of a grave offence and hence, could not be sent to an open prison. …

'Dire need to protect dignity of police': Delhi Court rejects ex-Congress MLA’s bail plea
2 years, 4 months ago

'Dire need to protect dignity of police': Delhi Court rejects ex-Congress MLA’s bail plea

India TV News  

Emphasizing on ensuring the dignity of police personnel, A Delhi court here on Tuesday rejected the bail plea of former Congress legislator Asif Khan. Metropolitan Magistrate Shikha Chahal observed there is a “dire need to ensure the dignity of police officers is protected.” The court was hearing the bail application of Khan, who was sent to 14 days' judicial custody …

Punjab & Haryana High Court Refuses Bail On Ground Of Compromise, Says Complainant May Be Influenced By Co-Accused Who Are Yet To Be Arrested
2 years, 9 months ago

Punjab & Haryana High Court Refuses Bail On Ground Of Compromise, Says Complainant May Be Influenced By Co-Accused Who Are Yet To Be Arrested

Live Law  

The Punjab and Haryana High Court, while dealing with a petition seeking regular bail of the accused in FIR relating to physical abuse and abduction of complainant's brother, who later committed suicide, held that the compromise cannot be taken as a ground at this stage for grant of bail. The bench comprising Justice Avneesh Jhingan further held that the allegations …

Mere Involvement In Other Cases Can't Be Sole Basis To Confine Accused In Perpetuity, Case To Be Considered On Its Own Merits: Punjab & Haryana HC
2 years, 11 months ago

Mere Involvement In Other Cases Can't Be Sole Basis To Confine Accused In Perpetuity, Case To Be Considered On Its Own Merits: Punjab & Haryana HC

Live Law  

Punjab and Haryana High Court on April 27, 2022, while dealing with a petition for seeking concession of regular bail in FIR registered under provisions of IPC and the Arms Act, held that taking into consideration, the role of the petitioner, the alleged recovery and the stage of investigation along with the period of actual custodial detention already undergone, it …

Trial Court Focussed On Alleged Crime's Impact On Women Education Without Applying Judicial Mind: J&K&L HC Grants Bail To POCSO Accused
3 years, 5 months ago

Trial Court Focussed On Alleged Crime's Impact On Women Education Without Applying Judicial Mind: J&K&L HC Grants Bail To POCSO Accused

Live Law  

The Jammu & Kashmir And Ladakh High Court recently granted bail to a man accused of sexually assaulting a minor as it noted that the victim and her father had stated nothing against him/accused in their statements recorded under Section 164 CrPC. The accused, Ishfaq Ahmad Khan, had moved the High Court after the Sessions Judge denied him bail on …

Prisoner's Conjugal Rights :Any Policy Framed Based On 2015 Judgment? P&H High Court Asks Haryana Govt
4 years ago

Prisoner's Conjugal Rights :Any Policy Framed Based On 2015 Judgment? P&H High Court Asks Haryana Govt

Live Law  

A Division Bench of Punjab & Haryana High Court consisting of Justice Rajan Gupta and Justice Karamjit Singh has issued notice to the State of Haryana seeking response of the State regarding enforcement of rights to have matrimonial relation with her husband during incarceration as claimed by petitioner. The Court also asked the Additional Advocate General of Haryana if any …

Wrongful prosecution: plea in Supreme Court seeks guidelines for compensating victims
4 years ago

Wrongful prosecution: plea in Supreme Court seeks guidelines for compensating victims

The Hindu  

A petition has been filed in the Supreme Court highlighting need for the government to frame guidelines for compensating victims of wrongful prosecution by the police or authorities. “Surprisingly, India, with a population of around 1.5 billion, has no effective statutory/legal Mechanism for the wrongful prosecutions due to police and prosecutorial misconduct resulting in a pandemic of false cases which …

Citizens Can't Be Put Behind Bars Simply Because They Disagree With State Policies : Delhi Court In Disha Ravi Bail Order
4 years, 1 month ago

Citizens Can't Be Put Behind Bars Simply Because They Disagree With State Policies : Delhi Court In Disha Ravi Bail Order

Live Law  

In the order granting bail to 22-year old climate activist Disha Ravi, a Sessions Court in Delhi has made certain strong observations against the use of sedition law to curb dissent by jailing dissenting citizens. They cannot be put behind the bars simply because they choose to disagree with the State policies: Delhi Court in #DishaRavi Bail Order https://t.co/0aAFeQCAHt — …

'Good judgment': SC refuses to interfere with Allahabad HC order quashing Kafeel Khan's detention under NSA
4 years, 3 months ago

'Good judgment': SC refuses to interfere with Allahabad HC order quashing Kafeel Khan's detention under NSA

Firstpost  

The court, however, said that its observation will not impact any other proceedings and also observed that the criminal cases against Khan will be decided on their own merits New Delhi: The Supreme Court on Thursday refused to interfere with the Allahabad High Court verdict which had quashed the detention of Dr Kafeel Khan under the National Security Act and …

'Dr Kafeel Khan's Speech Does Not Promote Hatred Or Violence, It Gives A Call For National Integrity And Unity Among Citizens': Allahabad HC [Read Judgemnt]
4 years, 7 months ago

'Dr Kafeel Khan's Speech Does Not Promote Hatred Or Violence, It Gives A Call For National Integrity And Unity Among Citizens': Allahabad HC [Read Judgemnt]

Live Law  

The Allahabad High Court on Tuesday said that Dr. Kafeel Khan's speech at the Aligarh Muslim University on December 13, 2019, amidst the anti-CAA protests, that led to his arrest and subsequent detention under the stringent provisions of the National Security Act, "does not disclose any effort to promote hatred or violence." In this backdrop, the Court observed that when …

Allahabad HC Seeks Replies of Centre, UP Govt in Kafeel Khan's Detention Case
4 years, 7 months ago

Allahabad HC Seeks Replies of Centre, UP Govt in Kafeel Khan's Detention Case

News 18  

The Allahabad High Court has asked the Centre and the Uttar Pradesh government to file their replies in a case seeking the release of Dr Kafeel khan, who is detained under the National Security Act for allegedly giving a provocative speech during anti-CAA protests. A bench of justices Manoj Mishra and Deepak Verma passed the order on Wednesday in a …

Accused Cannot Be Kept In Custody Only On A 'Hunch' That He Will Impede Trial Or To Send A Message To Society : Delhi HC
4 years, 8 months ago

Accused Cannot Be Kept In Custody Only On A 'Hunch' That He Will Impede Trial Or To Send A Message To Society : Delhi HC

Live Law  

The Delhi High Court has stated that the personal liberty of an accused person cannot be curtailed by denying him bail merely on the basis of the investigation agency's "hunch" that he will interfere with administration of justice. If anything, the only message that goes-out to the society by keeping an accused in prison before finding him guilty, is that …

'In Violation of Prison Rules, Jail Officials Privy To Legal Interviews With Counsel': Pinjra Tod Member Natasha Narwal Tells Delhi HC
4 years, 9 months ago

'In Violation of Prison Rules, Jail Officials Privy To Legal Interviews With Counsel': Pinjra Tod Member Natasha Narwal Tells Delhi HC

Live Law  

Pinjra Tod member Natasha Narwal who is facing charges under UAPA for FIRs registered against her concerning the Delhi riots, told the Delhi High Court on Monday that contrary to prison rules, jail officials are being made privy to her privileged communication with her counsel. The matter pertains to a writ petition moved by Pinjra Tod member Natasha Narwal seeking …

Citing Recent Delhi HC Order, Trial Court Grants Bail To Delhi Riots Accused In All Other FIRs Against Him [Read Order]
4 years, 9 months ago

Citing Recent Delhi HC Order, Trial Court Grants Bail To Delhi Riots Accused In All Other FIRs Against Him [Read Order]

Live Law  

Citing the order passed by Justice Anup Jairam Bhambhani of the Delhi High Court on 29/05/20, the trial court in Delhi has granted bail to Delhi Riots accused Firoz Khan in all other FIRs registered against him. In that May 29 order, the Delhi High Court had granted bail to Faizal Khan in of the FIRs against him by noting …

2012 Delhi gangrape: Convict Mukesh Singh seeks quashing of death penalty, claims he wasn't in Delhi on day of crime; court dismisses plea
5 years ago

2012 Delhi gangrape: Convict Mukesh Singh seeks quashing of death penalty, claims he wasn't in Delhi on day of crime; court dismisses plea

Firstpost  

A Delhi court dismissed a petition filed by one of the 2012 Delhi gang-rape and murder convicts — Mukesh Singh — seeking quashing of death penalty claiming that he was not in Delhi when the crime was committed New Delhi: A Delhi court on Tuesday dismissed a petition filed by one of the 2012 Delhi gang-rape and murder convicts — …

Nirbhaya Case: Delhi HC To Hear On Sunday Centre's Plea Against Stay Of Convicts' Execution
5 years, 2 months ago

Nirbhaya Case: Delhi HC To Hear On Sunday Centre's Plea Against Stay Of Convicts' Execution

Live Law  

In an urgent sitting held on Saturday evening, the Delhi High Court issued notices to the four convicts of the Nirbhaya rape case, in a plea challenging the trial court order which had put a stay on their execution. This revision petition is moved by Ministry of Home Affairs, against the order dated 31/1/2020 wherein ASJ Dharmender Rana had stayed …

Nirbhaya gangrape-murder case: Delhi govt recommends rejecting mercy plea filed by convict Mukesh
5 years, 2 months ago

Nirbhaya gangrape-murder case: Delhi govt recommends rejecting mercy plea filed by convict Mukesh

India TV News  

The Delhi High Court is hearing a petition filed by one of the convicts in the Nirbhaya gangrape and murder case, Mukesh, challenging the death warrant issued against him. "The petitioner's Constitutional right to seek mercy will be rendered infructuous if the execution warrant dated 7.1.2020 is not stayed," Mukesh said in his petition filed through his lawyer AP Singh. …

Nirbhaya Case: Delhi HC Dismisses Plea Of Convict Claiming Juvenility In 2012, Imposes Cost On Lawyer
5 years, 3 months ago

Nirbhaya Case: Delhi HC Dismisses Plea Of Convict Claiming Juvenility In 2012, Imposes Cost On Lawyer

Live Law  

The Delhi High Court on Thursday dismissed plea of one of the four convicts facing the gallows in the Nirbhaya gang rape-and-murder case claiming that he was a juvenile at the time of the offence in December, 2012. Justice Suresh Kumar Kait also imposed cost of Rs 25000 on the convict's advocate A P Singh, who did not appear in …

Delhi govt recommends rejection in mercy plea in 2012 rape case: Report
5 years, 4 months ago

Delhi govt recommends rejection in mercy plea in 2012 rape case: Report

Hindustan Times  

The Delhi government has “strongly recommended” to reject the mercy petition filed by one of the 2012 Nirbhaya murder case convicts, sources said on Sunday. The Delhi government has “strongly recommended” to reject the mercy petition filed by one of the 2012 Nirbhaya murder case convicts. Delhi Home Minister Satyendar Jain has sent the file to Lt Governor Anil Baijal …

Dismiss plea to free Kulbhushan Jadhav, says Pakistan at ICJ
6 years, 1 month ago

Dismiss plea to free Kulbhushan Jadhav, says Pakistan at ICJ

The Hindu  

India’s application to have the International Court of Justice order Kulbhushan Jadhav’s release should be dismissed as inadmissible Pakistan’s counsel Khawar Qureshi argued on Tuesday at the International Court of Justice in The Hague, in a heated, and often personal presentation that repeatedly referenced Prime Minister Narendra Modi and accused India of engaging in “political theatre,” “grandstanding,” and presenting its …

Undertrials Languishing In Jail Despite Bail: District & Sessions Court Judges Fail To Conduct "Risk Assessment" Despite Delhi HC Orders [Read Orders]
7 years, 1 month ago

Undertrials Languishing In Jail Despite Bail: District & Sessions Court Judges Fail To Conduct "Risk Assessment" Despite Delhi HC Orders [Read Orders]

Live Law  

The Delhi High Court recently rapped District and Sessions Judges for their non-compliance with its earlier order whereby it had directed them to conduct a "risk assessment" of cases where undertrials have been unable to secure release from jail despite grant of bail.The Bench comprising Acting Chief Justice Gita Mittal and Justice C. Hari Shankar noted that despite its earlier …

Ram Rahim Singh sentenced 20-year jail term in rape cases: Triumphant twitterati welcomes punishment, asks for more
7 years, 7 months ago

Ram Rahim Singh sentenced 20-year jail term in rape cases: Triumphant twitterati welcomes punishment, asks for more

Firstpost  

As CBI judge Jagdeep Singh pronounced 10-years of jail term to a teary-eyed Gurmeet Ram Rahim Singh in Rohtak’s Sunaria Jail on Monday, a collective sense of catharsis exploded through social media As the judge pronounced the quantum of sentence to a teary-eyed Gurmeet Ram Rahim Singh inside the Rohtak’s Sonaria jail on Monday afternoon, a collective sense of catharsis …

CBI Judge To Be Flown To Rohtak Jail For Hearing On Sentence To Dera Chief [Read Notification]
7 years, 7 months ago

CBI Judge To Be Flown To Rohtak Jail For Hearing On Sentence To Dera Chief [Read Notification]

Live Law  

The CBI judge will be flown to Rohtak district prison in Sunaria for Monday's hearing on the quantum of sentence to be awarded to Dera Sacha Sauda chief Gurmeet Ram Rahim Singh, who has been held guilty of raping two sadhavis 15 years ago.The Punjab and Haryana High Court issued a notification, notifying the district jail as the place of …

Plea to shift gang-rape trial out of Delhi turned down
11 years, 11 months ago

Plea to shift gang-rape trial out of Delhi turned down

The Hindu  

The Supreme Court on Wednesday turned down the plea of a December 16 gang-rape accused to shift the trial outside Delhi but it agreed to hear his plea for moving him out of Tihar Jail for allegedly being tortured there. “We are issuing notice on the limited prayer of shifting him to another jail,” a Bench headed by Chief Justice …

Drama in court as Kejriwal, associates refuse bail
12 years, 1 month ago

Drama in court as Kejriwal, associates refuse bail

The Hindu  

“We don’t want bail. Seeking to make a political statement against the government for imposition of prohibitory orders, Mr. Kejriwal, Prashant Bhushan, Manish Sisodhia, Kumar Vishwas and other AAP workers admitted that they violated Section 144 but rejected the rioting charges, while refusing to furnish bail bonds, and instead implored the magisterial court to send them to jail. On August …

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