Failure To Comply With Prescribed Time Limit By Sanctioning Authority Vitiates Sanction : Kerala HC Quashes UAPA And Sedition Charges [Read Judgment]
5 years, 6 months ago

Failure To Comply With Prescribed Time Limit By Sanctioning Authority Vitiates Sanction : Kerala HC Quashes UAPA And Sedition Charges [Read Judgment]

Live Law  

In a notable judgment, the High Court of Kerala has discharged alleged Maoist leader Roopesh of charges under Unlawful Activities Prevention Act and sedition under Section 124A of the Indian Penal Code on the ground of irregularities in the order granting sanction for prosecution.The Court was considering three revision petitions filed by Roopesh challenging the orders of the Sessions. In a notable judgment, the High Court of Kerala has discharged alleged Maoist leader Roopesh of charges under Unlawful Activities Prevention Act and sedition under Section 124A of the Indian Penal Code on the ground of irregularities in the order granting sanction for prosecution. Roopesh, when produced before trial Court No application of mind in sanction order for sedition charge The Court discharged the petitioner of sedition charge on the finding that there was no application of mind in the sanctioning order regarding the applicability of Section 124A IPC. They did not expressly refer to Section 124A IPC, and merely said sanction was granted "also for the relevant sections of the Indian Penal Code".

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History of this topic

Failure To Report POCSO Offences Not An Exception To Sanction For Prosecuting Public Servants U/S 197 CrPC Or U/S 218 BNSS: Kerala HC
2 months, 1 week ago

Failure To Report POCSO Offences Not An Exception To Sanction For Prosecuting Public Servants U/S 197 CrPC Or U/S 218 BNSS: Kerala HC

Live Law  

“ Section 197 of the Cr.PC and Section 218 of the BNSS are intended to operate as a safeguard against public servants from being dragged into vexatious proceedings for having discharged their official duties. In doing so the court observed that Section 197 CrPC/Section 218 BNSS are meant to safeguard the public servants from being dragged into vexatious proceedings while …

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024
2 months, 2 weeks ago

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024

Live Law  

As 2025 begins, Live Law summarizes important decisions on the Code of Criminal Procedure of the past year. S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court Case Title: SHANKAR VERSUS THE STATE OF UTTAR PRADESH & ORS., Citation : 2024 LiveLaw 345 The Supreme Court held that to summon a person …

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr
4 months ago

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr

Live Law  

The Supreme Court on Wednesday restored the criminal proceedings initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.A bench of Justices CT Ravikumar and Sanjay Karol held that the Kerala High Court erred in holding that the criminal proceedings were barred …

Serious Irregularities: Kerala HC Quashes Order Directing Magistrate To Decide On Probe Into Rape Allegations Against Ponnani Police Officers
4 months ago

Serious Irregularities: Kerala HC Quashes Order Directing Magistrate To Decide On Probe Into Rape Allegations Against Ponnani Police Officers

Live Law  

While hearing a case where a woman had alleged that she was raped by police officials in Ponnani with the police allegedly refusing to register an FIR, the Kerala High Court set aside the judgment of the Single Judge which had directed the Magistrate to pass order regarding investigation, after noting that it suffered from "serious procedural irregularity". Setting aside …

Process Of Sanction To Prosecute Public Servant Will Become A 'Dead Letter' If Order Is Interfered With Without Reason: Kerala High Court
4 months, 1 week ago

Process Of Sanction To Prosecute Public Servant Will Become A 'Dead Letter' If Order Is Interfered With Without Reason: Kerala High Court

Live Law  

Dismissing a plea against an order refusing to grant sanction to prosecute a public servant, the Kerala High Court observed that the decision to grant or refuse sanction to prosecute a public servant vests absolutely with the sanctioning authority, adding that its purpose is to insulate the public servant from frivolous prosecution. In this case, the petitioners had approached the …

[UAPA] Investigating Agency Cannot Seek Extension Of Time For Filing Chargesheet Citing Lack Of Sanction: Bombay High Court
8 months ago

[UAPA] Investigating Agency Cannot Seek Extension Of Time For Filing Chargesheet Citing Lack Of Sanction: Bombay High Court

Live Law  

The Bombay High Court has held that the investigating agency under the Unlawful Activitives Prevention Act cannot seek an extension in filing the chargesheet citing the lack of sanction. The judges further held that in such a scenario, an investigating agency cannot seek extension of time to file chargesheet on the ground that it has to obtain the mandatory sanction …

Legally Speaking | The curious case of the sanction against Arundhati Roy
9 months ago

Legally Speaking | The curious case of the sanction against Arundhati Roy

Hindustan Times  

At 6:46 PM on June 14, PTI tweeted a statement from Raj Niwas Officials, “Delhi LG gives prosecution sanction against Arundhati Roy under UAPA for ‘provocative’ speech at an event in 2010. The tweet evoked several questions, ‘What provocative speech?’ ‘Why sanction now after 14 years?’ ‘On what grounds?’ ‘Why UAPA?’ among others. P. Chidambaram, the then home minister said: …

S.231 CrPC | Prosecution Can Be Permitted To Introduce Documents Not Procured During Investigation And Filed With Final Report: Kerala High Court
11 months, 2 weeks ago

S.231 CrPC | Prosecution Can Be Permitted To Introduce Documents Not Procured During Investigation And Filed With Final Report: Kerala High Court

Live Law  

The Kerala High Court has stated that a document can be submitted as evidence under Section 311 of the Code of Criminal Procedure, 1973, which was not procured during investigation nor produced along with the final report.“The contention that the document was not seized earlier or that it was not part of the final report, is not a relevant consideration …

Upholding Public Order for Society's Well-Being, Not as Punishment
1 year, 4 months ago

Upholding Public Order for Society's Well-Being, Not as Punishment

Live Law  

The Kerala High Court on Thursday reminded that the power to detain individuals ought not to be used as a punitive measure, but to secure public order, in the larger interest of the society. The detention order, therefore,must reflect how public order would be vitiated if the person concerned is not detained invoking the provisions under the Kerala Anti-Social Activities …

Vendetta without limit: The Hindu Editorial on the resurrection of an old case against Arundhati Roy and an academician
1 year, 5 months ago

Vendetta without limit: The Hindu Editorial on the resurrection of an old case against Arundhati Roy and an academician

The Hindu  

The resurrection of a criminal case dating back to 2010 against writer-activist Arundhati Roy and an academician from Kashmir seems ill-motivated. Saxena granting sanction to prosecute Ms. Roy and Sheikh Showkat Hussain, a former Kashmir University professor, for alleged divisive speeches and imputations against national unity made in New Delhi as far back as on October 21, 2010. Coming in …

PMLA | Freezing Order Under Section 17(1-A) Not Valid If ECIR Quashed & FIR Not Registered: Kerala High Court
1 year, 5 months ago

PMLA | Freezing Order Under Section 17(1-A) Not Valid If ECIR Quashed & FIR Not Registered: Kerala High Court

Live Law  

The Kerala High Court recently laid down that where the Enforcement Case Information Report has been quashed and no subsequent FIR has been registered against the accused, further proceedings under the Prevention of Money Laundering Act shall be dropped and an order issued under Section 17 would not stand. The counsel argued that since Section 420 IPC is one of …

[Bond For Peace Keeping] Show Cause Notice Issued By Magistrate Without Following Mandate U/S 111 CrPC Non-Est: Kerala High Court
1 year, 6 months ago

[Bond For Peace Keeping] Show Cause Notice Issued By Magistrate Without Following Mandate U/S 111 CrPC Non-Est: Kerala High Court

Live Law  

The Kerala High Court has held that while issuing summons to show cause under provisions of bond for peace keeping, etc., the Magistrate has to follow the procedure laid down under Section 111 of CrPC. Justice A. Badharudeen observed thus: “it is the mandate that whenever a Magistrate intents to proceed acting under section 107, section 108, section 109, or …

Sedition under the new Bharatiya Nyaya Sanhita Bill, 2023: What’s changed.
1 year, 7 months ago

Sedition under the new Bharatiya Nyaya Sanhita Bill, 2023: What’s changed.

Hindustan Times  

Union home minister Amit Shah on Friday said in the Lok Sabha that one of the proposed legislations aimed at overhauling the criminal justice system will completely repeal the offence of sedition, as prescribed under Section 124A of the Indian Penal Code, adding the bill will be sent to a parliamentary panel for scrutiny. An analysis of the Bharatiya Nyaya …

Rethink the retention of sedition
1 year, 9 months ago

Rethink the retention of sedition

The Hindu  

The Law Commission of India in its 279th report, released in April 2023, has recommended retaining one of the most controversial sections of recent times i.e., Section 124A of the Indian Penal Code on ‘sedition’. The Supreme Court of India, in S.G. Vombatkere v. Union of India on May 11, 2022, had directed all State governments and the central government …

[Kerala Anti-Social Activities (Prevention) Act] Externment Order Vitiated If Reasons For Imposing Maximum Period Not Disclosed: High Court
1 year, 9 months ago

[Kerala Anti-Social Activities (Prevention) Act] Externment Order Vitiated If Reasons For Imposing Maximum Period Not Disclosed: High Court

Live Law  

The Kerala High Court recently observed that when issuing an externment order with the maximum period of punishment for one year under Section 15 of Kerala Anti-Social Activities Act, 2007, the reasons for passing such an order must be stated.A division bench of Justice P B Suresh Kumar and Justice C S Sudha observed: “As Section 15 of the Act …

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court
1 year, 10 months ago

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court

Live Law  

The Kerala High Court recently reiterated the view that the High Court, while exercising its power under Section 482 Cr.P.C. The counsels for the respondents also relied upon the decision in Minakshi Bala v. Sudhir Kumar & Ors., wherein it had been laid down that only in rarest of rare cases could the Court exercise the jurisdiction under Section 482 …

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court
1 year, 11 months ago

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the police cannot arrest a person under Section 151 of the Code of Criminal Procedure, without the knowledge of the existence of a design to commit a cognizable offence and a belief that the commission of the offence can only be prevented by the arrest of the person.A single bench of Justice. The …

S.156(3) CrPC | Necessary To Order Police Investigation In Cases Warranting Recovery, When Material Objects In Possession Of Accused: Kerala HC
2 years, 1 month ago

S.156(3) CrPC | Necessary To Order Police Investigation In Cases Warranting Recovery, When Material Objects In Possession Of Accused: Kerala HC

Live Law  

The Kerala High Court on Monday set aside a Magistrate court’s order under Section 156 CrPC, insofar as it did not order Police investigation in an alleged case of theft.Single Judge Bench of Justice K. Babu observed that in a case where the allegations warrant a recovery under Section 27 of the Evidence Act, it would be necessary to entrust …

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court
2 years, 1 month ago

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court

Live Law  

The Kerala High Court recently held that the Special Judge, exercising jurisdiction under the Prevention of Corruption Act, 1988, is not empowered to direct the investigating agency to obtain sanction under Section 19 for prosecution of the accused while ordering further investigation under Section 173 Cr.P.C. However, the Special Judge ordered the investigating officer to conduct further investigation as well …

UAPA & Preventive Detention: Important High Court Judgments 2022
2 years, 2 months ago

UAPA & Preventive Detention: Important High Court Judgments 2022

Live Law  

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Preventive Detention Not Tenable When Other Penal Laws Sufficient To Deal With The Situation: Gujarat High Court Case Title: Dilip Bhavanishankar Yadav v. State Of Gujarat Case Citation: 2022 LiveLaw 85 "Unless and until, the material is there to make outa case that the …

Prosecution Can Be Allowed To Produce Evidence In Addition To Materials Submitted With Final Report If They're Necessary For Fair Trial: Kerala HC
2 years, 3 months ago

Prosecution Can Be Allowed To Produce Evidence In Addition To Materials Submitted With Final Report If They're Necessary For Fair Trial: Kerala HC

Live Law  

The Kerala High Court has observed that the Court may permit the prosecution to tender such evidence which appears to be essential to decide the case in a just manner, even after the commencement of the trial. Justice A. Badharudeen observed that: It is true that the prosecution is duty bound to place all the evidence to be tendered along …

KAAPA | Detaining Authority Duty-Bound To Consider Previous Opinion Of Advisory Board; Non-Consideration Of Relevant Materials Fatal: Kerala HC
2 years, 3 months ago

KAAPA | Detaining Authority Duty-Bound To Consider Previous Opinion Of Advisory Board; Non-Consideration Of Relevant Materials Fatal: Kerala HC

Live Law  

The Kerala High Court recently held that the previous opinion of the Advisory Board, which led to the revocation of the earlier detention order, and even the revocation of such detention order, are crucial materials which ought to be examined and considered by the detaining authority before it takes a decision for another detention under the Kerala Anti-Social Activities. The …

Detaining Authority Must Be Aware That Detenu Is Already In Custody & Must Show Compelling Reasons To Pass Preventive Detention Order: Kerala HC
2 years, 4 months ago

Detaining Authority Must Be Aware That Detenu Is Already In Custody & Must Show Compelling Reasons To Pass Preventive Detention Order: Kerala HC

Live Law  

The Kerala High Court recently reiterated the settled position that an order of preventive detention can be passed against a person who is already in custody, subject to the condition that the detaining authority is aware of the detenu already being in detention, and secondly, that there are compelling circumstances justifying such preventive detention. ".it is by now well settled …

Supreme Court Allows Kerala Govt To Withdraw Plea To Restore UAPA Charges Against Alleged Maoist Leader
2 years, 5 months ago

Supreme Court Allows Kerala Govt To Withdraw Plea To Restore UAPA Charges Against Alleged Maoist Leader

Live Law  

The Supreme Court on Friday allowed the State of Kerala to withdraw the petition filed by it seeking to restore the UAPA charges against alleged Maoist leader Roopesh. The State had approached the Supreme Court challenging the order of the Kerala High Court discharging alleged Roopesh of charges under Unlawful Activities Act and sedition under Section 124A of the Indian …

S.357 CrPC | When Fine Forms Part Of Sentence U/S 138 NI Act, Court Ought To Order Payment Of Compensation From Fine: Kerala HC
2 years, 6 months ago

S.357 CrPC | When Fine Forms Part Of Sentence U/S 138 NI Act, Court Ought To Order Payment Of Compensation From Fine: Kerala HC

Live Law  

The Kerala High Court on Tuesday, while considering a Revision Petition observed that in an offence under Section 138 of the Negotiable Instruments Act, when the Court imposes sentence of imprisonment and fine, it has to order payment of compensation from the amount of fine as provided under Section 357 of CrPC. Justice A. Badharudeen observed:.in an offence under Section …

Supreme Court Issues Notice On Kerala Govt Plea To Restore UAPA Charges Against Alleged Maoist Leader
2 years, 7 months ago

Supreme Court Issues Notice On Kerala Govt Plea To Restore UAPA Charges Against Alleged Maoist Leader

Live Law  

The Supreme Court on Friday issued notice in a petition preferred by the State of Kerala against Kerala High Court's order of discharging alleged Maoist leader Roopesh accused of charges under Unlawful Activities Act and sedition under Section 124A of the Indian Penal Code on the ground of irregularities in the order granting sanction for prosecution. The High Court bench …

Kerala Govt Approaches Supreme Court Seeking To Restore UAPA Charges Against Alleged Maoist
2 years, 7 months ago

Kerala Govt Approaches Supreme Court Seeking To Restore UAPA Charges Against Alleged Maoist

Live Law  

The State of Kerala has approached Supreme Court against Kerala High Court's order of discharging alleged Maoist leader Roopesh accused of charges under Unlawful Activities Act and sedition under Section 124A of the Indian Penal Code. The High Court bench of Justice K. Vinod Chandran and Justice C. Jayachandran had discharged Roopesh, who allegedly along with members of the banned …

Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court
3 years, 1 month ago

Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court

Live Law  

In a significant development, the Calcutta High Court on Thursday observed that a prior sanction for prosecuting public servants is required before setting in motion even the investigative process under Section 156 of the Code of Criminal Procedure, 1973. The Court also noted that the issue in consideration as to whether prior sanction for prosecution qua allegation of corruption in …

'Nothing To Show His Active Involvement': Kerala High Court Grants Bail To UAPA Accused Under Judicial Custody Since 2015
3 years, 3 months ago

'Nothing To Show His Active Involvement': Kerala High Court Grants Bail To UAPA Accused Under Judicial Custody Since 2015

Live Law  

The Kerala High Court on Thursday reversed an order of a Single Judge denying bail to a 67-year-old suspected Maoist undertrial charged under Section 43D of the Unlawful Activities Prevention Act. A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran while granting bail to the appellant, observed: ".that the accused shared the same ideology of another accused, …

News Analysis | Sedition: CJI’s observations in July show SC has taken judicial notice of misuse
3 years, 3 months ago

News Analysis | Sedition: CJI’s observations in July show SC has taken judicial notice of misuse

The Hindu  

Law Minister Kiren Rijiju’s reply in Parliament that there is no proposal to scrap sedition from the penal code comes almost five months after Chief Justice of India N.V. Ramana made scathing remarks in open court to the Government about the chilling effect of the “colonial law” which suppresses the freedoms of ordinary people. Further, the question of law regarding …

Sanction Order Should Contain Reasons & Must Reflect Materials Considered By Authority: Kerala High Court
3 years, 3 months ago

Sanction Order Should Contain Reasons & Must Reflect Materials Considered By Authority: Kerala High Court

Live Law  

The Kerala High Court observed that a sanction order should contain reasons and must also reflect the materials considered by the authority for the purpose of deciding the necessity for granting sanction for prosecution of the public servant.In this case, the contention raised by the accused was that the prosecution case has been initiated in violation of the statutory stipulations …

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court
3 years, 5 months ago

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court

Live Law  

The Kerala High Court has ruled that sanction stipulated under Section 197 Code of Criminal Procedure is not necessary to prosecute police officers in cases of police brutality since such acts are not related in any manner to the discharge of their official duties.Justice Mary Joseph remarked:".the accused can only be taken to have exercised their authority for committing some …

Right Of Accused To Impeach Witness Testimony Indefeasible, Embargo Under Section 172(3) CrPC Not Applicable: Kerala High Court
3 years, 5 months ago

Right Of Accused To Impeach Witness Testimony Indefeasible, Embargo Under Section 172(3) CrPC Not Applicable: Kerala High Court

Live Law  

The Kerala High Court has held that the embargo in Section 172 of the Code of Criminal Procedure does not take away the right of the accused to use previous statements of witnesses to impeach their testimonies.Justice K Haripal while allowing the petition, observed as such in light of Section 161 of the CrPC and Section 145 of the Indian …

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates
3 years, 6 months ago

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates

Live Law  

The Kerala High Court on Wednesday held that it was necessary to obtain sanction under Section 197 of the Code of Criminal Procedure for prosecution against public servants, and that cognizance of the offences taken against them without such sanction was bad in law. Accordingly, reliance was placed on Amrik Singh v. State of Pepsu where it was held as …

Kerala HC refuses to stay further proceedings in sedition case against Aisha Sultana
3 years, 8 months ago

Kerala HC refuses to stay further proceedings in sedition case against Aisha Sultana

Firstpost  

A case was registered against Sultana on 9 June under Section 124-A and 153 B of IPC on the basis of a petition lodged by a political leader hailing from Kavaratti Kochi: The Kerala High Court on Friday refused to stay further proceedings in the sedition case registered against Lakshadweep filmmaker Aisha Sultana. Considering a plea filed by Sultana seeking …

Not Possible To Fix Outer Limit For Disposing UAPA Cases; But Judges Should Endeavor For Day To Day Trial : Karnataka High Court
3 years, 11 months ago

Not Possible To Fix Outer Limit For Disposing UAPA Cases; But Judges Should Endeavor For Day To Day Trial : Karnataka High Court

Live Law  

The Karnataka High Court has observed that it was not possible to lay down an outer time limit for the completion of trial of cases under the Unlawful Activities Prevention Act. The Court also directed the Registrar General of the court to take steps to transfer pending cases in Bengaluru Urban District registered under provisions of the Unlawful Activities Act, …

Grant Of Leave For Compounding Offences At Appellate Stage Is Not Automatic On Settlement Between Accused & Victim: Supreme Court
4 years, 1 month ago

Grant Of Leave For Compounding Offences At Appellate Stage Is Not Automatic On Settlement Between Accused & Victim: Supreme Court

Live Law  

The grant of leave as contemplated by Section 320 of the Code of Criminal Procedure is not automatic nor it has to be mechanical on receipt of request by the accused which may be agreed by the victim, the Supreme Court observed.The bench comprising Justices Ashok Bhushan and Ajay Rastogi observed thus while rejecting a plea seeking compounding of offences …

Kerala High Court Dismisses Plea Against Registration Of FIRs In Abkari Cases Without Complying Section 30 Abkari Act
4 years, 4 months ago

Kerala High Court Dismisses Plea Against Registration Of FIRs In Abkari Cases Without Complying Section 30 Abkari Act

Live Law  

The Kerala High Court has held that the Abkari Officers, can register a crime under Abkari Act, 1077, by invoking Section 154 of Criminal Procedure Code without complying the procedure under Section 30 of Abkari Act One Mr. K. Faizel, had filed a writ petition before the High Court challenging the authority of Kerala State Police Chief to register a …

Anti-CAA riots: Sanctions to prosecute Sharjeel Imam for sedition awaited, police tells court
4 years, 7 months ago

Anti-CAA riots: Sanctions to prosecute Sharjeel Imam for sedition awaited, police tells court

India Today  

The Delhi police Wednesday told a court here that the requisite sanctions to prosecute ex-JNU student Sharjeel Imam for sedition and other offences are awaited. Additional Sessions Judge Dharmender Rana granted time till September 1 to procure the sanctions from the authorities concerned in the case related to anti-CAA riots earlier this year. The judge further said, “In view of …

Police Can't Register FIR For Offences Under Sections 172 To 188 IPC, Madras HC Quashes FIR Against Anti-CAA Protestor [Read Order]
4 years, 8 months ago

Police Can't Register FIR For Offences Under Sections 172 To 188 IPC, Madras HC Quashes FIR Against Anti-CAA Protestor [Read Order]

Live Law  

The Madras High Court has quashed an FIR registered against a person accused of protesting in the public road against the implementation of the Citizenship Amendment Act,2019 without getting prior permission from the concerned authority. He moved the High Court seeking to quash the FIR on the ground that according to Section 195 of the Code of Criminal Procedure, no …

Delhi HC reserves order on Sharjeel Imam's plea against extension of time to probe UAPA case
4 years, 8 months ago

Delhi HC reserves order on Sharjeel Imam's plea against extension of time to probe UAPA case

India Today  

The Delhi High Court Thursday reserved its order on plea by JNU student Sharjeel Imam challenging a trial court order granting more time to police to conclude the investigation. Delhi Police opposed Imam’s plea saying there was no infirmity in the trial court’s April 25 order by which the agency was granted three more months, beyond statutory 90 days, to …

Delhi HC Reserves Order In Plea Which Claims That Due To Non Functioning Of NIA Courts, Continued Detention of Person Accused Under UAPA Is Illegal
4 years, 9 months ago

Delhi HC Reserves Order In Plea Which Claims That Due To Non Functioning Of NIA Courts, Continued Detention of Person Accused Under UAPA Is Illegal

Live Law  

Delhi High Court has reserved order in a plea seeking release of an accused who, despite being granted bail for other charges, continues to be in custody for a charge under Unlawful Activities Prevention Act due to the non functioning of the NIA Special Courts. The petition claims that since the Special Courts have not been functioning due to the …

Delhi HC Issues Notice In Plea Which Claims That Due To Non Functioning Of NIA Courts, Continued Detention of Person Accused Under UAPA Is Illegal [Read Order]
4 years, 10 months ago

Delhi HC Issues Notice In Plea Which Claims That Due To Non Functioning Of NIA Courts, Continued Detention of Person Accused Under UAPA Is Illegal [Read Order]

Live Law  

Delhi High Court has issued notice in a plea seeking release of an accused who, despite being granted bail for other charges, continues to be in custody for a charge under Unlawful Activities Prevention Act due to the non functioning of the NIA Special Courts. The petition claims that since the Special Courts have not been functioning due to the …

It Is The Duty Of Police To See That No Insurgents Intrude In Sabarimala To Ruin Peaceful Pilgrimage : Kerala HC[ Read Order]
6 years, 3 months ago

It Is The Duty Of Police To See That No Insurgents Intrude In Sabarimala To Ruin Peaceful Pilgrimage : Kerala HC[ Read Order]

Live Law  

"There cannot be any dispute that that it is the duty of police to look into all aspects and to see that there is no advancement of insurgents in any manner to make use of the situation and intrude to Sabarimala spoiling smooth and peaceful pilgrimage of peaceful devotees", observed the Division Bench of High Court. "There cannot be any …

It Is The Duty Of Police To See That No Insurgents Intrude In Sabarimala To Ruin Peaceful Pilgrimage : Kerala HC[ Read Order]
6 years, 3 months ago

It Is The Duty Of Police To See That No Insurgents Intrude In Sabarimala To Ruin Peaceful Pilgrimage : Kerala HC[ Read Order]

Live Law  

"There cannot be any dispute that that it is the duty of police to look into all aspects and to see that there is no advancement of insurgents in any manner to make use of the situation and intrude to Sabarimala spoiling smooth and peaceful pilgrimage of peaceful devotees", observed the Division Bench of High Court. "There cannot be any …

Kerala HC Quashes Proceedings Against POCSO Offender As Parties Settle Matter [Read Order]
8 years, 4 months ago

Kerala HC Quashes Proceedings Against POCSO Offender As Parties Settle Matter [Read Order]

Live Law  

The Kerala High Court in Sajith S vs. State Of Kerala Represented By The Public Prosecutor and Ors, has quashed criminal proceedings against Sajith, who was accused for offences punishable under section 354A of the Indian Penal Code and sections 7 and 8 of the Protection of Children from Sexual Offences Act.The. The Kerala High Court in Sajith S vs. …

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]
8 years, 6 months ago

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]

Live Law  

In a rare event of its kind, Justice Anand Byrareddy of the Karnataka High Court has refused to follow dictum laid down in an apex court judgment, widely opined as per incuriam, wherein his own judgment was upheld by the Supreme Court.Justice Byrareddy, in his judgment dated 21st May, 2013, in M.K. In a rare event of its kind, Justice …

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]
8 years, 6 months ago

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]

Live Law  

In a rare event of its kind, Justice Anand Byrareddy of the Karnataka High Court has refused to follow dictum laid down in an apex court judgment, widely opined as per incuriam, wherein his own judgment was upheld by the Supreme Court.Justice Byrareddy, in his judgment dated 21st May, 2013, in M.K. In a rare event of its kind, Justice …

Sanction is mandatory prerequisite even when an additional Accused is added under Section 319CrPC [Read Judgment]
8 years, 8 months ago

Sanction is mandatory prerequisite even when an additional Accused is added under Section 319CrPC [Read Judgment]

Live Law  

The Supreme Court in SURINDERJIT SINGH MAND VS. STATE OF PUNJAB has held that protection of ‘sanction’under Section 197 of the Criminal Procedure Code is not available to police officers accused of illegal detention and offences committed during the period before the formal-arrest is recorded.Reiterating the settled law that Courts cannot take cognizance of the complaints against the. The Supreme …

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