Kept GN Saibaba in Jail, Made UAPA Harder: What Justice MR Shah Did in SC
1 year, 7 months ago

Kept GN Saibaba in Jail, Made UAPA Harder: What Justice MR Shah Did in SC

The Quint  

”The Indian Penal Code is punitive and deterrent, with its principal aim and object being punishing offenders for committing offences under the act." There is perhaps no better way of describing Justice MR Shah's judicial philosophy than these words he reportedly uttered, while reversing a Punjab and Haryana High Court decision to reduce the sentence imposed on a motor accident case convict. The order, penned by Justice Shah, can also be read as a note of caution against "undue sympathy." This is irrespective of the fact that the apex court has repeatedly favoured a gentler, more reform-oriented approach while interpreting penal provisions, even going so far as to say : "The idea of punishment has to be reformative…We do not want to punish persons. As early as in 1978, Justice Krishna Iyer had said : “…the finer, more perceptive and sociologically relevant approach to punishment…is to take a holistic, realistic and humanistic size-up action as to promote rehabilitation without offending community conscience.”

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History of this topic

Justice Shekhar Yadav's Controversial Speech Undermines the Position of a Judge
4 weeks, 2 days ago

Justice Shekhar Yadav's Controversial Speech Undermines the Position of a Judge

The Quint  

In a democracy, the judiciary is expected to remain steadfastly apolitical, ensuring that it is viewed as an independent arbiter of justice. Justice Yadav’s remarks blur the critical line of separation between the judicial and political spheres, jeopardising the delicate balance upon which the faith of citizens in the judiciary rests. Every judge who takes an oath before the Constitution …

The death penalty and humanising criminal justice
2 years, 2 months ago

The death penalty and humanising criminal justice

The Hindu  

As a conservative agency of the state, the Supreme Court of India is ordinarily expected to tread the path laid out by the written text of law and the binding precedents. On policies and uniformity The focus here is on reframing ‘Framing Guidelines Regarding Potential Mitigating Circumstances to be Considered While Imposing Death Sentences’, a decision authored by the three …

"No Accused Is Incapable Of Being Reformed": Allahabad HC Modifies Sentence From Life Term To 10 Yr In S. 304 Part 1 IPC Conviction Case
2 years, 4 months ago

"No Accused Is Incapable Of Being Reformed": Allahabad HC Modifies Sentence From Life Term To 10 Yr In S. 304 Part 1 IPC Conviction Case

Live Law  

".no accused person is incapable of being reformed and therefore, all measures should be applied to give them an opportunity of reformation in order to bring them in the social stream," the Allahabad High Court recently observed as it modified the sentence of an accused convicted under Section 304 Part 1 IPC.The bench of Justice Dr. Kaushal Jayendra Thaker and …

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