Covid Parole Pre-Condition Of Timely Reporting Back In Last 2 Releases Applicable Only If Convict Is Released Twice; Bombay HC Reiterates, Allows Release Of 3 Murder Convicts [Read Order]
4 years, 6 months ago

Covid Parole Pre-Condition Of Timely Reporting Back In Last 2 Releases Applicable Only If Convict Is Released Twice; Bombay HC Reiterates, Allows Release Of 3 Murder Convicts [Read Order]

Live Law  

While setting aside Kolhapur Jail Superintendent's order rejecting furlough leave to three murder convicts, Bombay High Court has once again reiterated that the amended clause of the Maharashtra Prisons Amendment Rules, which states that convicts sentenced to more than 7 years shall be considered for release on emergency parole if the he has returned to prison on time on last 2 releases, is applicable only if the convict has been released on parole or furlough two times. The present petition was filed challenging the order dated August 6, 2020 passed by the Superintendent of Prisons, Kolhapur Central Prison rejecting the applications made by the petitioners for furlough leave citing the State High Power Committee's notification dated May 8, 2020 the amended Maharashtra Prisons Rules, 1959. In July's order, Justice Jamdar had noted- If such convicts are never released either on furlough or parole previously or not released on 2 occasions either on furlough or parole and therefore, there was no occasion for them to return back within time on 2 occasions and therefore, not entitled for said benefit of emergency parole, such literal interpretation may lead to absurdity and in that event, there is no occasion to invoke condition imposed under the said amended Parole Rule." After concluding that the Superintendent had once again rejected the applications filed by the petitioners without even considering the High Court's order, the bench said- "In our considered opinion, merely because the petitioners could not avail of the benefit of furlough or parole leave twice was no ground for the Respondent No.3 to reject their applications in view of the order passed by this Court in Criminal Writ Petition No.65 of 2020.

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History of this topic

High Court orders release of four Lagacharla accused
2 months, 1 week ago

High Court orders release of four Lagacharla accused

The Hindu  

Justice K. Lakshman of Telangana High Court on Tuesday passed an order for the release of four persons accused of being involved in the Lagacharla violence reported on November 11 last year in Vikarabad district. The four accused — Mudavath Ramesh, Mudavath Gopal Naik, Mythari Madharaiah and Pathlavath Mangya Naik — had been in Central Prison of Sangareddy at Kandi …

‘Raining FIRS’: Supreme Court grants arrest shield to YSR Cong’s Sajjala B Reddy
Top News
3 months, 4 weeks ago

‘Raining FIRS’: Supreme Court grants arrest shield to YSR Cong’s Sajjala B Reddy

Hindustan Times  

NEW DELHI: The Supreme Court on Monday shielded YSR Congress Party’s social media head Sajjala Bhargava Reddy from arrest for two weeks to enable him to approach the high court for bail, observing the interim protection was akin to allowing the petitioner to get first aid while the state government was “raining FIRs” on him. Former Andhra Pradesh chief minister …

'Sensitive Matter' : Union Seeks More Time On Balwant Singh's Mercy Petition; Supreme Court Adjourns Hearing By 4 Weeks
4 months ago

'Sensitive Matter' : Union Seeks More Time On Balwant Singh's Mercy Petition; Supreme Court Adjourns Hearing By 4 Weeks

Live Law  

Specifically on Rohatgi's arguments on national security, Counsel for Punjab responded: "An affidavit was filed by the Union, wherein a national threat was stated in the affidavit that there is national threat on release of this person." However, while confirming the conviction of a co-accused Jagtar Singh Hawara, the High Court commuted the death sentence to life imprisonment. However, on …

Second Parole Plea Filed Only by Changing Date of Daughter’s Wedding Not Justifiable: Punjab & Haryana HC Rejects Petition
9 months, 1 week ago

Second Parole Plea Filed Only by Changing Date of Daughter’s Wedding Not Justifiable: Punjab & Haryana HC Rejects Petition

News 18  

The Punjab and Haryana High Court has rejected a second parole request from a convict under the Narcotic Drugs and Psychotropic Substances Act, who sought release for two weeks to attend his daughter’s wedding. The court presided over by Justice Kuldeep Tiwari found that a new petition based solely on a changed wedding date is not justifiable. The court also …

Savukku Shankar Detention Case:Justice Swaminathan May Recused If Influenced by External Factors,Says Justice Jayachandran
9 months, 3 weeks ago

Savukku Shankar Detention Case:Justice Swaminathan May Recused If Influenced by External Factors,Says Justice Jayachandran

Live Law  

The Madras High Court on Thursday ruled that the split verdict passed concerning the detention of YouTuber Savukku Shankar was without following the principles of natural justice granting fair opportunity. Justice Jayachandran noted that while the court was not bound by a hard and fast rule of granting 4 weeks to file counter, especially in cases dealing with detention orders, …

Karnataka HC Refuses Parole To Serial Killer Umesh Reddy, Says Competing Public Interest Can't Be Ignored Especially In Case Of Life Convict
1 year, 1 month ago

Karnataka HC Refuses Parole To Serial Killer Umesh Reddy, Says Competing Public Interest Can't Be Ignored Especially In Case Of Life Convict

Live Law  

The Karnataka High Court has said that in cases where the convicts are undergoing life imprisonment, competing public interest cannot be ignored while considering their application seeking parole. “The Apex Court directed that the petitioner cannot claim remission till he completes 30 years which will not come in his way of seeking parole in justifiable circumstances,” he argued. The petitioner …

Calcutta High Court Allows Early Release Of Convict Who Had Served 23 Yrs Of Life Imprisonment Sentence For Murdering Wife & 5 Children
1 year, 2 months ago

Calcutta High Court Allows Early Release Of Convict Who Had Served 23 Yrs Of Life Imprisonment Sentence For Murdering Wife & 5 Children

Live Law  

The Calcutta High Court has allowed a plea for early release, moved by a convict, who had been sentenced to life imprisonment for murdering his wife and five children by strangulation inside their house, as well as stabbing another tenant of the premises with a sharp weapon. The petitioner had approached the Court pointing out that in their remarks on …

Special Parole Granted During COVID Can't Be Counted While Calculating Period Of Imprisonment: Orissa High Court
1 year, 3 months ago

Special Parole Granted During COVID Can't Be Counted While Calculating Period Of Imprisonment: Orissa High Court

Live Law  

The Orissa High Court clarified that the period of special parole availed by prisoners due to the outbreak of the COVID-19 pandemic cannot be counted as a period of imprisonment and thus, while counting the period of imprisonment undergone by a convict, the special parole period has to be excluded. While denying relief to the petitioner who urged the Court …

S.265F J&K CrPC | Conviction Under Provisions Of Plea Bargaining Does Not Affect Character Antecedents Of Individual Seeking Employment: High Court
1 year, 11 months ago

S.265F J&K CrPC | Conviction Under Provisions Of Plea Bargaining Does Not Affect Character Antecedents Of Individual Seeking Employment: High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that conviction and sentencing of a convict by the trial court under the provisions of plea bargain as contained in Chapter XXII-A of J&K CrPC does not affect the character antecedents of an individual and hence cannot disable him from seeking a public employment. The observations were made by …

Supreme Court Directs All Prisoners Released On COVID-19 Parole To Surrender Within 15 Days
2 years ago

Supreme Court Directs All Prisoners Released On COVID-19 Parole To Surrender Within 15 Days

Live Law  

Allowing an application filed by Director General, New Delhi, the Supreme Court on Friday directed that all prisoners, who were released on emergency parole by the High Powered Committee during the COVID-19 period based on the orders of the Supreme Court, to surrender within 15 days. "All those undertrial prisoners and convicts who have been released on emergency parole /interim …

Bombay High Court Dismisses Petition Challenging Appointment of Complainant's Erstwhile Lawyer As Special Public Prosecutor In Murder Case
2 years, 2 months ago

Bombay High Court Dismisses Petition Challenging Appointment of Complainant's Erstwhile Lawyer As Special Public Prosecutor In Murder Case

Live Law  

The Bombay High Court has upheld the appointment of Ujwala Pawar as Special Public Prosecutor in the trial case related to the murder of Advocate Sambhaji Rajaram in Maharashtra’s Ahmednagar. The bench passed the order on a petition by one Shivaji Take and his son Sharad Take against the Notification dated 30th September 2021 issued by the State appointing Pawar …

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court
2 years, 5 months ago

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court

Live Law  

The Karnataka High Court has made it clear that when criminal proceedings for predicate offences are quashed, the prosecution initiated under the Karnataka Control of Organised Crime Act, 2000 cannot be sustained. The offences under the IPC and or any other enactment being a predicate offence for the purpose of exercise of powers under Section 24 and or Section 3 …

Bombay High Court Orders 7 Days Jail For Prison Superintendent For Denying Emergency Parole To Eligible Prisoners
2 years, 11 months ago

Bombay High Court Orders 7 Days Jail For Prison Superintendent For Denying Emergency Parole To Eligible Prisoners

Live Law  

The Bombay High Court has held the Superintendent of Central Prison, Nagpur - Anupkumar M. Kumre - guilty of contempt and sentenced him to seven days' simple imprisonment for selectively denying prisoners emergency parole during the Covid pandemic. "If the Court finds that the Government's action in rejecting the grant of parole to a prisoner has the effect of suffocating …

Covid 19 Not A Valid Ground For Seeking Further Extension Of Parole Leave: Karnataka HC
3 years, 4 months ago

Covid 19 Not A Valid Ground For Seeking Further Extension Of Parole Leave: Karnataka HC

Live Law  

The Karnataka High Court has refused to extend the parole leave of a life convict on the grounds that he is suffering from COVID-19 disease. The court said, "The vehement submission of counsel for the petitioner that he has been suffering from COVID-19 disease and that he needs another extension of parole for his complete recovery cannot be sustained. Releasing …

'Provisions Of Parole/ Furlough Structured On Humanistic Grounds': Karnataka High Court Partly Allows Murder Convict's Plea
3 years, 5 months ago

'Provisions Of Parole/ Furlough Structured On Humanistic Grounds': Karnataka High Court Partly Allows Murder Convict's Plea

Live Law  

The Karnataka High Court has said the provisions of parole/furlough are structured on humanistic grounds for the reprieve of those lodged in jails for long. Justice Krishna S Dixit, while partly allowing a petition filed by the wife of a murder convict seeking parole leave for attending his daughter's marriage said, "One cannot forget every saint had a past and …

Supreme Court Issues Notice On Plea Challenging HC Order Which Set Aside Dismissal Of Application Seeking FIR Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case
3 years, 5 months ago

Supreme Court Issues Notice On Plea Challenging HC Order Which Set Aside Dismissal Of Application Seeking FIR Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case

Live Law  

The Supreme Court on Monday issued notice on a Special Leave Petition against an order of the Calcutta High Court setting aside the order of the Chief Judicial Magistrate at Alipore which had dismissed an application seeking FIR against BJP Leader Kailash Vijayvargiya, RSS member Jisnu Basu, and Pradeep Joshi in a rape case. The Bench was also apprised by …

Delayed release from jails after bail order ‘is just too much’: CJI
3 years, 8 months ago

Delayed release from jails after bail order ‘is just too much’: CJI

The Hindu  

Chief Justice of India N.V. Ramana on Friday said “it is just too much” that people given bail by courts, even by the Supreme Court, have to wait for days before the prison authorities released them. So, as a solution, the Chief Justice, flanked by Justices L. Nageswara Rao and A.S. Bopanna, announced in open court the rolling out of …

"It Is For High-Powered Committee To Frame Policy": Rajasthan HC Dismisses Plea To Extend COVID Parole Benefit To Murder Convicts
3 years, 9 months ago

"It Is For High-Powered Committee To Frame Policy": Rajasthan HC Dismisses Plea To Extend COVID Parole Benefit To Murder Convicts

Live Law  

Stressing that the High-Powered Committee is to frame the necessary policy for release of the prisoners on parole due to Covid-19 pandemic in terms of the directions issued by the Hon'ble Supreme Court, the Rajasthan High Court recently dismissed a Public Interest Litigation Petition seeking extension of Parole benefit to Murder Convicts.The Bench of Justice Sabina and Justice Manoj. Stressing …

Plea Filed Before SC Seeking Fresh Guidelines To Address Decongestion Of Prisons In Wake Of Prevailing COVID-19 Pandemic
3 years, 10 months ago

Plea Filed Before SC Seeking Fresh Guidelines To Address Decongestion Of Prisons In Wake Of Prevailing COVID-19 Pandemic

Live Law  

A petition has been filed before the Supreme Court seeking addressal of grievances that are being faced by prisoners detained in various jails across India during the pandemic due to the non-compliance of orders passed by the Supreme Court directing for decongestion of jails. Filed by Advocate Deepak Prakash on behalf of All India Association of Jurists through its National …

SC to hear next week UP's plea against high court granting anticipatory bail to 'conman' over fear of contracting COVID
3 years, 10 months ago

SC to hear next week UP's plea against high court granting anticipatory bail to 'conman' over fear of contracting COVID

Firstpost  

The Allahabad High Court had said that the apprehension of an accused being infected with COVID-19 before and after his arrest and the possibility of his spreading it to others and vice versa can be considered to be a valid ground for granting anticipatory bail New Delhi: The Supreme Court on Tuesday agreed to hear next week a plea filed …

COVID: Give Details Of Prisoners Lodged In Jails Who Are Liable To Be Released As Per SC Order: Gauhati High Court To State Govt
3 years, 10 months ago

COVID: Give Details Of Prisoners Lodged In Jails Who Are Liable To Be Released As Per SC Order: Gauhati High Court To State Govt

Live Law  

The Gauhati High Court on Monday sought details from the State Government as to the number of prisoners who are lodged in jails in Assam who are liable to be released as per the Supreme Court's order for decongesting prisons.A division bench comprising of Chief Justice Sudhanshu Dhulia and Justice Anchintya Malla Bujor Barua ordered thus:"Mr. R Dhar seeks two …

"Governor Transgressed Jurisdiction: Allahabad High Court Sets Aside Governor's Order Granting Premature Release Of Triple Murder Convict
4 years ago

"Governor Transgressed Jurisdiction: Allahabad High Court Sets Aside Governor's Order Granting Premature Release Of Triple Murder Convict

Live Law  

Underling that the Governor transgressed his jurisdiction in exercising the power under Article 161 of the Constitution of India, the Allahabad High Court recently set aside the premature release order in favor of a triple murder convict. Notably, this Section provides that where a sentence of imprisonment for life is imposed on conviction of a person for an offence for …

HC Seeks Response from Centre, UP on Plea for Release of 3 Men Arrested with Kerala Scribe on Way to Hathras
4 years, 4 months ago

HC Seeks Response from Centre, UP on Plea for Release of 3 Men Arrested with Kerala Scribe on Way to Hathras

News 18  

The Allahabad High Court on Wednesday sought stands of the Centre and the Uttar Pradesh government on a plea for the release of three persons, booked on charges of sedition and terrorism after their arrest along with a Kerala journalist in Mathura. A bench of justices Pritinker Diwaker and Justice S C Sharma issued notices to the Centre and the …

Prisoner Not Entitled To Get Phone Facility In Jail: Allahabad High Court [Read Order]
4 years, 5 months ago

Prisoner Not Entitled To Get Phone Facility In Jail: Allahabad High Court [Read Order]

Live Law  

In an order delivered on Tuesday, the Allahabad High Court made it clear that a prisoner isn't entitled to phone facility in Jail. The Bench of Justice Ritu Raj Awasthi and Justice Saroj Yadav was hearing a writ petition wherein the petitioner had requested the Court to provide him a phone facility in jail. 1 to provide a jail phone …

For Parole, Inmate Can't Claim Parity With Co-Convicts In FIR: P & H HC Says 'Subjective Satisfaction' To Be Arrived At By Police, DM [Read Order]
4 years, 7 months ago

For Parole, Inmate Can't Claim Parity With Co-Convicts In FIR: P & H HC Says 'Subjective Satisfaction' To Be Arrived At By Police, DM [Read Order]

Live Law  

The Punjab and Haryana High Court has ruled that for being released on parole, the convict "cannot claim parity with his co-convicts in the FIR" for the "role played by each accused in the crime cannot be exactly identical". Noting that the nature and gravity of the offences in other cases in which such accused/convict is involved is also to …

Bombay HC Refuses Bail To G N Saibaba; Says 'Except For Narrating Ailments Said To Be Suffered By Him, No Further Details Given'
4 years, 8 months ago

Bombay HC Refuses Bail To G N Saibaba; Says 'Except For Narrating Ailments Said To Be Suffered By Him, No Further Details Given'

Live Law  

The Bombay High Court, while rejecting the bail application filed by former Delhi University professor GN Saibaba on Tuesday, noted that apart from narrating ailments suffered by the wheelchair bound 90% disabled professor who is serving life imprisonment, no further details are given in the application and considering that he tested negative for COVID-19, Court said that no ground was …

How Many Prisoners In Last 3 Years Were Not Released Within 24 Hours Of Being Granted Bail, Delhi HC Directs DG (Prisons) To Conduct Inquiry And Submit Report [Read Order]
4 years, 8 months ago

How Many Prisoners In Last 3 Years Were Not Released Within 24 Hours Of Being Granted Bail, Delhi HC Directs DG (Prisons) To Conduct Inquiry And Submit Report [Read Order]

Live Law  

Delhi High Court has directed the Director General to conduct an inquiry as to on how many occasions were the prisoner not released within 24 hours of being granted bail by a competent court, for reasons not attributable to that prisoner. The Division Bench of Justice Hima Kohli and Justice Subramonium Prasad has directed the DG to submit a status …

Decongestion Of Prisons: Bombay HC Seeks Details Of Pending Bail Applications of Inmates From Trial Courts [Read Order]
4 years, 9 months ago

Decongestion Of Prisons: Bombay HC Seeks Details Of Pending Bail Applications of Inmates From Trial Courts [Read Order]

Live Law  

The Bombay High Court on Friday called for reports from each of the Principal District & Sessions Judges on the exact number of pending applications for temporary bail filed by the inmates of correctional homes from all over Maharashtra to avail the benefit of the recommendations of the High Powered Committee for decongestion of prisons during the Covid-19 pandemic. He …

Patna HC Stays Order For Registration of FIR Against Medical Officer For Recommending Home Quarantine To Asymptomatic Covid Suspect [Read Order]
4 years, 9 months ago

Patna HC Stays Order For Registration of FIR Against Medical Officer For Recommending Home Quarantine To Asymptomatic Covid Suspect [Read Order]

Live Law  

The Patna High Court on Tuesday stayed the order of a District Magistrate directing registration of FIR and initiation of departmental proceeding against a Doctor who recommended home quarantine to an asymptomatic Covid suspect. The bench of Justice Prabhat Kumar Jha observed prima facie, "It appears that the petitioner has acted in accordance with the guidelines and directions issued by …

Bombay HC Reserves Judgment In Plea Seeking Prohibition On Burial Of Covid-19 Victims In Bandra Cemeteries
4 years, 10 months ago

Bombay HC Reserves Judgment In Plea Seeking Prohibition On Burial Of Covid-19 Victims In Bandra Cemeteries

Live Law  

The Bombay High Court on Wednesday reserved judgment in a writ petition filed by a Mumbai resident challenging the permission granted by Municipal Corporation of Greater Mumbai to use three cemeteries in Bandra for burial of Covid-19 victims. Division bench of Chief Justice Dipankar Datta and Justice SS Shinde heard two other petitions along with the main petition filed by …

Self Quarantine For 14-days On Release From Prison, Karnataka HC Imposes Condition While Granting Bail [Read Order]
4 years, 10 months ago

Self Quarantine For 14-days On Release From Prison, Karnataka HC Imposes Condition While Granting Bail [Read Order]

Live Law  

Karnataka High Court while granting bail to an accused who has been in prison since March imposes a condition directing him to immediately undergo a medical check up on release and self quarantine himself in his house, for 14 days. Justice N K Sudhindrarao imposed the condition while granting bail to Anjana Muthy, it said "The petitioner shall undergo medical …

"SC Order For Release Of Prisoners Does Not Mean That Prisoners Have To Be Released Compulsorily": Punjab & Haryana HC [Read Order]
4 years, 11 months ago

"SC Order For Release Of Prisoners Does Not Mean That Prisoners Have To Be Released Compulsorily": Punjab & Haryana HC [Read Order]

Live Law  

"The prisoners are not to be compulsorily released. With respect to the order of the Supreme Court to release prisoners for decongestion of prisons amid the COVID-19 pandemic, the Punjab and Haryana High Court has made certain crucial remarks while disposing of a bail application. The bench of Justice Gurvinder Singh Gill has clarified that the Supreme Court's order dated …

Court in COVID times
4 years, 11 months ago

Court in COVID times

The Hindu  

The guidelines issued on March 24 on the measures that the Centre and the State/Union Territory governments should take for containment of COVID-19 do not specifically suspend the functioning of judicial services, including courts. Child care institutions In contrast to what was witnessed in the migrant labourers’ wages case, the Supreme Court bench comprising Justices L. Nageswara Rao and Deepak …

'Do Voluntary Service For Covid-19 Control': Bail Condition Imposed By Patna HC[Read Order]
5 years ago

'Do Voluntary Service For Covid-19 Control': Bail Condition Imposed By Patna HC[Read Order]

Live Law  

The Patna High Court on Wednesday while granting bail to a man accused in a murder case, directed him to render service as a volunteer for a period of three months from the date of his release in the process of combating the pandemic of Covid-19 of Corona Virus. Justice Anil Kumar Upadhyay was hearing a criminal application filed by …

Nirbhaya gets justice, convicts executed despite lawyer AP Singh's delay tactics
5 years ago

Nirbhaya gets justice, convicts executed despite lawyer AP Singh's delay tactics

Op India  

After a long wait of 7 years, Nirbhaya finally got justice. Delhi: Ambulance carrying bodies of 2012 Delhi gangrape case convicts leave from Tihar Jail complex for Deen Dayal Upadhyay Hospital pic.twitter.com/usDUxSSTI0 — ANI March 20, 2020 High Court Hearing On Thursday night, the Delhi High Court began hearing a plea against the Trial Court’s refusal to stay the execution …

[Breaking] Nirbhaya Case : Delhi Court Stays Execution Of All Convicts Until Further Orders As Pawan Files Mercy Petition [Read Order]
5 years ago

[Breaking] Nirbhaya Case : Delhi Court Stays Execution Of All Convicts Until Further Orders As Pawan Files Mercy Petition [Read Order]

Live Law  

The last moment mercy petition filed by Nirbhaya case convict Pawan Kumar Gupta has resulted in the postponement of the execution of death sentences of all convicts in the Nirbhaya case until further orders, which was otherwise scheduled to take place tomorrow at 6 AM.The new development of Pawan's mercy petition persuaded Additional Sessions Judge Dharmender Rana of Patiala House …

Nirbhaya case: Convicts move court seeking stay on execution, Tihar asked to respond by Monday
5 years, 1 month ago

Nirbhaya case: Convicts move court seeking stay on execution, Tihar asked to respond by Monday

India TV News  

Two of the four death row convicts in the Nirbhaya gang rape and murder case on Saturday moved a Delhi court seeking stay on the execution of the death warrants, scheduled for March 3. Additional Session Judge Dharmender Rana issued notice to Tihar Jail authorities on the pleas moved of Akshay Singh and Pawan Kumar Gupta, directing the officials to …

Nirbhaya Case: Convict Pawan Gupta files curative petition asking commutation of death sentence
5 years, 1 month ago

Nirbhaya Case: Convict Pawan Gupta files curative petition asking commutation of death sentence

India TV News  

Nirbhaya Case: Fourth convict in Nirbhaya gangrape case Pawan Gupta has filed a curative petition before Supreme Court of India. The four convicts -- Mukesh Kumar Singh, Pawan Gupta, Vinay Kumar Sharma and Akshay Kumar -- in the Nirbhaya case are yet to exhaust all legal remedies. Earlier, the top court dismissed separate pleas filed by Mukesh and Vinay against …

If Probationer Judge Is Discharged By Simpliciter Termination, Not Necessary To Follow Principles Of Natural Justice: Bombay HC [Read Judgment]
5 years, 1 month ago

If Probationer Judge Is Discharged By Simpliciter Termination, Not Necessary To Follow Principles Of Natural Justice: Bombay HC [Read Judgment]

Live Law  

In a significant judgment, the Bombay High Court recently held that in case the order of termination of a probationer judge is simplisitor termination, it is not necessary to follow the principles of natural justice and or to hold any inquiry before issuing an order of termination. Case Background In the said petition filed under Articles 14, 16, 21 309, …

Nirbhaya case: Another convict to file review petition in Supreme Court
5 years, 3 months ago

Nirbhaya case: Another convict to file review petition in Supreme Court

India Today  

The capital punishment to the four culprits of the heinous 2012 Delhi gangrape case has once again come under a cloud of doubt as one of the convicts is ready to file a review petition against his death sentence. Akshay Thakur will file his review petition in Supreme Court, a few days after the home ministry recommended President Ram Nath …

Delhi Court Agrees To Transfer Execution Plea In Nirbhaya's Case To Another Judge
5 years, 4 months ago

Delhi Court Agrees To Transfer Execution Plea In Nirbhaya's Case To Another Judge

Live Law  

District Judge Yashwant Kumar, at Patiala House Court Complex, has said that he will transfer the case to another Additional Sessions Judge as soon as he gets the file from the court where the case is pending. In December 2018, Nirbhaya's parents had moved the Patiala House Court to expedite the procedure of executing the death penalty given to all …

Nirbhaya case: 3 of 4 convicted to plead before Supreme Court today
5 years, 4 months ago

Nirbhaya case: 3 of 4 convicted to plead before Supreme Court today

India TV News  

Rattled with the Tihar Jail administration's notice, three of the four convicted in the Nirbhaya gang rape case, may reach the Supreme Court on Monday.While Vinay Kumar Sharma and Akshay Kumar Singh are lodged in Tihar Jail, Pawan Kumar Gupta is imprisoned in Mandoli Jail. The four convicts were served a notice on October 28-19 asking them to file a …

SC issues NBW against GB Nagar jail superintendent
5 years, 6 months ago

SC issues NBW against GB Nagar jail superintendent

India TV News  

The Supreme Court has issued a non-bailable warrant against the Gautam Buddh Nagar district jail superintendent for releasing an accused whose bail had been cancelled. A Bench of Justice N.V. Ramana and Justice Ajay Rastogi passed the order while admitting a contempt petition against the jail superintendent and asked him to appear before it on September 23. The order came …

Bombay HC Grants Relief To Murder Convict In Jail For 23 Years Seeking Early Release [Read Judgment]
6 years, 1 month ago

Bombay HC Grants Relief To Murder Convict In Jail For 23 Years Seeking Early Release [Read Judgment]

Live Law  

The Bombay High Court last month granted relief to a man convicted of murder and held that he shall be considered for early release after completing 24 years in prison. According to the convicted petitioner, his case is covered by sub­clause of clause 4 of Annexure ­I to the said Government Resolution and therefore, he should be considered for premature …

Not Permissible To Re-Arrest An Accused Who Is In Bail When Police Added A Non-Bailable Offence [Read Order]
6 years, 10 months ago

Not Permissible To Re-Arrest An Accused Who Is In Bail When Police Added A Non-Bailable Offence [Read Order]

Live Law  

It is not permissible for the respondent-State to simply re-arrest the petitioners by ignoring order dated 02.06.2016 passed by the learned Additional Sessions Judge, Pune, which was in force at that time, the bench said.The Supreme Court has observed that it is not permissible to simply re-arrest the accused, by adding another offence, ignoring the bail order in force at …

Not Permissible To Re-Arrest An Accused Who Is In Bail When Police Added A Non-Bailable Offence [Read Order]
6 years, 10 months ago

Not Permissible To Re-Arrest An Accused Who Is In Bail When Police Added A Non-Bailable Offence [Read Order]

Live Law  

It is not permissible for the respondent-State to simply re-arrest the petitioners by ignoring order dated 02.06.2016 passed by the learned Additional Sessions Judge, Pune, which was in force at that time, the bench said.The Supreme Court has observed that it is not permissible to simply re-arrest the accused, by adding another offence, ignoring the bail order in force at …

Police Verification Report Sparks Legal Battle Over Civil Judge Selection
7 years, 2 months ago

Police Verification Report Sparks Legal Battle Over Civil Judge Selection

Live Law  

The Bombay High Court has dismissed a petition filed by Mohammad Imran, who challenged the cancellation of his selection to the post of Civil Judge Junior Division and Judicial Magistrate First Class citing an unfavourable police verification report. The bench of Justice Vasanti Naik and Justice Sarang Kotwal found that Imran was acquitted in the criminal case and that the …

Bombay HC Upholds State’s Decision To Cancel Selection Of Man For Post Of JMFC As He Was Tried For Serious Offences [Read Order]
7 years, 2 months ago

Bombay HC Upholds State’s Decision To Cancel Selection Of Man For Post Of JMFC As He Was Tried For Serious Offences [Read Order]

Live Law  

The Bombay High Court recently dismissed a petition filed by one Mohammad Imran, who challenged the cancellation of his selection to the post of Civil Judge Junior Division and Judicial Magistrate First Class citing an unfavourable police verification report.The bench of Justice Vasanti Naik and Justice Sarang Kotwal was hearing the case.Case BackgroundThe petitioner was selected after giving. The Bombay …

Bombay HC Reserves Order In Tarun Tejpal’s Plea Seeking Quashing Of FIR In Rape Case
7 years, 3 months ago

Bombay HC Reserves Order In Tarun Tejpal’s Plea Seeking Quashing Of FIR In Rape Case

Live Law  

The Bombay High Court at Goa has reserved its order in a writ petition filed by former editor-in-chief of Tehelka magazine, Tarun Tejpal.Justice Nutan Sardessai reserved the order after hearing both the petitioner and the prosecution in the case. While senior advocate Aman Lekhi appeared for Tejpal, public prosecutor Saresh Lotlikar argued against the quashing for FIR.Case BackgroundTejpal. The Bombay …

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