Kerala Govt Approaches Supreme Court Seeking To Restore UAPA Charges Against Alleged Maoist
2 years, 5 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 Maoist organization distributed pamphlets containing "seditious writings" in tribal colonies in Wayanad district, on the ground of irregularities in the order granting sanction for prosecution. Therefore, when the cognizance taken of the offences under the UAPA is held to be without jurisdiction for want of valid sanction, there is no question of a valid trial being held by the Special Court into any offence under the IPC. On these grounds, the cognizance taken by the Sessions Court under the IPC and UAPA were set aside and the Criminal Revision Petitions were allowed accordingly by the High Court.

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History of this topic

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court
Trending News
3 days, 5 hours ago

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court

Live Law  

sThe Supreme Court recently held that offences in the chargesheet cannot be based on bald assertions of connivance. The Supreme Court referred to the ample judgments interpreting Section 197 namely Manohar Nath Kaul v. State of Jammu & Kashmir, Shambhoo Nath Misra v. State of U.P. Having considered the application of Section 197, the Court opined that the arguments of …

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court
Trending News
3 days, 5 hours ago

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court

Live Law  

sThe Supreme Court recently held that offences in the chargesheet cannot be based on bald assertions of connivance. The Supreme Court referred to the ample judgments interpreting Section 197 namely Manohar Nath Kaul v. State of Jammu & Kashmir, Shambhoo Nath Misra v. State of U.P. Having considered the application of Section 197, the Court opined that the arguments of …

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

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC
4 weeks ago

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC

Live Law  

The Kerala High Court has said that it is well-established that the High Court can under Article 226 of the Constitution consider the legality of orders passed by Tribunals, adding that it has ample powers to issue directions even when such reliefs are not specifically sought in the plea before the Tribunal. However, the High Court ordered that the disciplinary …

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr
1 month, 2 weeks 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 …

Legally Speaking | The curious case of the sanction against Arundhati Roy
6 months, 2 weeks 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: …

Upholding Public Order for Society's Well-Being, Not as Punishment
1 year, 1 month 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 …

[S.447 IPC] Intention To Commit Any Offence/ Intimidate, Insult Or Annoy Possessor Necessary To Establish Criminal Trespass: Kerala High Court
1 year, 2 months ago

[S.447 IPC] Intention To Commit Any Offence/ Intimidate, Insult Or Annoy Possessor Necessary To Establish Criminal Trespass: Kerala High Court

Live Law  

The Kerala High Court has made it clear that to establish an offence of criminal trespass under IPC, the prosecution must prove beyond doubt that the accused persons entered into the property to commit criminal trespass with an intention to commit any offence or to cause intimidation, insult or annoyance. The Trial Court found them not guilty of the offences …

S.320 CrPC | No Automatic Acquittal On Mere Filing Of Application By Complainant For Compounding Of Offence: Kerala High Court
1 year, 2 months ago

S.320 CrPC | No Automatic Acquittal On Mere Filing Of Application By Complainant For Compounding Of Offence: Kerala High Court

Live Law  

The Kerala High Court on Wednesday laid down that mere filing of an application by the complainant for compounding of offences alleged does not automatically result in acquittal of accused.Bench of Justice K. Babu noted that Section 320 CrPC categorizes offences into two parts- Under Sub-section, certain offences have been listed which can be compounded without the permission of the. …

Vendetta without limit: The Hindu Editorial on the resurrection of an old case against Arundhati Roy and an academician
1 year, 2 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 …

'Would Send Wrong Signals to Public': Kerala HC Declines to Suspend Conviction of NCP MP in Attempt-to-murder Case
1 year, 3 months ago

'Would Send Wrong Signals to Public': Kerala HC Declines to Suspend Conviction of NCP MP in Attempt-to-murder Case

News 18  

The Kerala High Court has rejected a plea by NCP MP Mohammed Faizal for suspension of his conviction in an attempt-to-murder case, stating that if persons with criminal antecedents are permitted to continue as Members of Parliament/Legislatures even after conviction, it would only send wrong signals to the public at large. The prayer of the 2nd petitioner for suspension of …

Proliferation Of Crime In Election Process Affects Democracy, Can't Let MPs To Continue In Office Despite Conviction: Kerala High Court
1 year, 3 months ago

Proliferation Of Crime In Election Process Affects Democracy, Can't Let MPs To Continue In Office Despite Conviction: Kerala High Court

Live Law  

Criminalisation of election process is of grave concern to democracy and if persons with criminal antecedents are permitted to continue as Members of Parliament / Legislatures even after conviction by a competent court, that would only send wrong signals to public at large, the Kerala High Court said today. Faizal's conviction was earlier suspended by the High Court however, the …

S.227 CrPC | Notarised Affidavit By Complainant Not Sufficient To Discharge Accused: Kerala High Court
1 year, 3 months ago

S.227 CrPC | Notarised Affidavit By Complainant Not Sufficient To Discharge Accused: Kerala High Court

Live Law  

The Kerala High Court recently held that a notarised affidavit signed by the de facto complainants exonerating the accused person cannot be taken in isolation to discharge the accused.Justice N. Nagaresh explained that to discharge an accused person under Section 227 of the CrPC, the Court ought to determine if there are sufficient grounds to proceed against them. The Kerala …

"Frivolous Litigation": Kerala High Court Upholds Dismissal Of Criminal Complaint Against 48 High Ranking Bureaucrats, Police Officials
1 year, 4 months ago

"Frivolous Litigation": Kerala High Court Upholds Dismissal Of Criminal Complaint Against 48 High Ranking Bureaucrats, Police Officials

Live Law  

The Kerala High Court yesterday upheld the order of a Magistrate dismissing a vexatious compliant filed against 48 high ranking bureaucrats and police officials of the State. On an appreciation of the circumstances arising in the case, this Court is of the view that the learned Magistrate was justified in dismissing the complaint, nipping off, at the threshold itself, a …

Sedition under the new Bharatiya Nyaya Sanhita Bill, 2023: What’s changed.
1 year, 4 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 …

RP Act | Offence Under Section 127A Is Non-Cognizable, Police Cannot Investigate Without Magistrate's Order: Madras High Court
1 year, 7 months ago

RP Act | Offence Under Section 127A Is Non-Cognizable, Police Cannot Investigate Without Magistrate's Order: Madras High Court

Live Law  

The Madras High Court recently observed that the offence under Section 127A of the Representation of Peoples Act is a non cognizable one. Justice Sunder Mohan held that since the punishment prescribed for the offence is imprisonment for a period of six months, as per Schedule II of the Criminal Procedure Code, it would be a non cognizable offence. "This …

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, 8 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 …

Kerala High Court Refuses Bail To Two Andhra Pradesh Natives Accused Under UAPA For Spreading Maoist Ideology
1 year, 8 months ago

Kerala High Court Refuses Bail To Two Andhra Pradesh Natives Accused Under UAPA For Spreading Maoist Ideology

Live Law  

The Kerala High Court on Tuesday refused to set aside the order of a Special NIA court denying bail to two Andhra Pradesh natives for their alleged involvement in the terrorist organization CPI.The accused persons are alleged to have been involved in radicalizing youth and persuading them to join the terrorist organisation. The Kerala High Court on Tuesday refused to …

Breaking: Kerala High Court Sets Aside Sessions Court Order Dropping Culpable Homicide Charges Against IAS Officer Sreeram Venkataraman
1 year, 8 months ago

Breaking: Kerala High Court Sets Aside Sessions Court Order Dropping Culpable Homicide Charges Against IAS Officer Sreeram Venkataraman

Live Law  

The Kerala High Court on Thursday set aside a Sessions Court order dropping culpable homicide charges against IAS Officer Sreeram Venkitaraman in the infamous road rage case. The Additional Sessions Court I, Trivandrum, dropped the charges under Section 304 which provides punishment for culpable homicide and Section 201, which penalizes causing disappearance of evidence of offence or giving false information, …

Cognizance Taken By Police For Offence U/S 195A IPC Bad In Law, Only Court Can Consider Matters Relating To False Evidence: Kerala High Court
1 year, 8 months ago

Cognizance Taken By Police For Offence U/S 195A IPC Bad In Law, Only Court Can Consider Matters Relating To False Evidence: Kerala High Court

Live Law  

The Kerala High Court recently held that the police is not competent to register an offence under Section 195A of the Indian Penal Code and that only a court is competent to consider an offence in relation to false evidence.A single bench of Justice A. Badharudeen observed that “When the threat dealt in Section 195 of IPC is giving. The …

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court
1 year, 9 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 …

DC Edit | Dissent, even if unseemly, should not lead to arrest
1 year, 10 months ago

DC Edit | Dissent, even if unseemly, should not lead to arrest

Deccan Chronicle  

The timely and resolute intervention of the Supreme Court to prevent the incarceration of Congress spokesperson Pawan Khera for cases registered against him over his comment that was critical of the Prime Minister has spared our blushes seeing as we call ourselves the oldest democracy in the world. It also issued notices to the Uttar Pradesh and Assam governments to …

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
1 year, 10 months ago

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court

Live Law  

The Kerala High Court on Friday reiterated that the requirement of sanction under section 19 of the Prevention of Corruption Act is a prerequisite for presenting private complaint against a public servant alleging the commission of an offence specified in sections 7, 11, 13 and 15 of the Act, for investigation.The Single Judge Bench of Justice Kauser Edappagath, held that …

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court
1 year, 10 months 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 …

Principles Of Res Judicata Would Apply To Criminal Proceedings, Reiterates Kerala High Court
1 year, 11 months ago

Principles Of Res Judicata Would Apply To Criminal Proceedings, Reiterates Kerala High Court

Live Law  

The Kerala High Court recently held that principles of res judicata and constructive res judicata would squarely apply not just to civil proceedings but to criminal proceedings as well.Justice A. Badharudeen was hearing a petition filed under Section 482 of the Code of Criminal Procedure, 1973 to quash a complaint pending before Magistrate Court, where she was alleged to have …

Kerala HC suspends conviction, sentence of disqualified Lakshadweep MP Mohammed Faizal in attempt to murder case
1 year, 11 months ago

Kerala HC suspends conviction, sentence of disqualified Lakshadweep MP Mohammed Faizal in attempt to murder case

The Hindu  

The Kerala High Court on Wednesday suspended the conviction and sentence of 10 years of rigorous imprisonment awarded by the Kavarathi Sessions Court to disqualified Lakshadweep MP Mohammed Faizal in a case of attempt to murder Mohammed Salih, son-in-law of former Union Minister P.M. Sayeed, during the 2009 Lok sabha polls. The court took into consideration that elected candidate could …

UAPA & Preventive Detention: Important High Court Judgments 2022
2 years 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 …

Acts Like Kerala Police Act 1960 Don't Create Substantive Offences; Election Not Void For Not Disclosing Conviction For 'Disobeying Police' Under Such Acts : Supreme Court
2 years, 1 month ago

Acts Like Kerala Police Act 1960 Don't Create Substantive Offences; Election Not Void For Not Disclosing Conviction For 'Disobeying Police' Under Such Acts : Supreme Court

Live Law  

The Supreme Court observed that the failure of a candidate to disclose his conviction for an offence under the Kerala Police Act 1960 for holding a dharna in front of the Panchayat office cannot be a ground for declaring his election void under Kerala Panchayat Raj Act.An offence under enactments such as Kerala Police Act are not substantive offences, the …

Supreme Court Allows Kerala Govt To Withdraw Plea To Restore UAPA Charges Against Alleged Maoist Leader
2 years, 3 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, 3 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, 4 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 …

Lawyers representing sedition accused hopeful but road ahead not easy
2 years, 7 months ago

Lawyers representing sedition accused hopeful but road ahead not easy

The Hindu  

While lawyers representing those accused of sedition celebrated what they called a “historic” order from the Supreme Court on sedition, the road ahead for many of them still in jail might not be as easy with most of the cases also containing charges under other provisions of the law that will prevent them from being released based on May 11 …

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates
2 years, 7 months ago

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates

Live Law  

A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli to continue hearing TODAY on the petition challenging the Constitutional validity of Section 124A of Indian Penal Code which deals with the law of Sedition in India.The bench will consider today the preliminary issue of whether a reference to a larger bench is …

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates
2 years, 7 months ago

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates

Live Law  

A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli to continue hearing TODAY on the petition challenging the Constitutional validity of Section 124A of Indian Penal Code which deals with the law of Sedition in India.The bench will consider today the preliminary issue of whether a reference to a larger bench is …

Will re-examine sedition law: Centre to Supreme Court
2 years, 7 months ago

Will re-examine sedition law: Centre to Supreme Court

Deccan Chronicle  

New Delhi: Just one day ahead of the hearing on whether the challenge to the constitutional validity of the sedition law should be heard by a larger five-judge Constitution Bench, the Central government on Monday told the Supreme Court it had decided to “re-examine and reconsider” the provisions of the colonial-era law, and urged the court not to go ahead …

Principle Of Locus Standi Alien To Criminal Law, Magistrate Can't Return Complaint Merely Because It Was Filed By Complainant's Wife: Kerala HC
2 years, 10 months ago

Principle Of Locus Standi Alien To Criminal Law, Magistrate Can't Return Complaint Merely Because It Was Filed By Complainant's Wife: Kerala HC

Live Law  

The Kerala High Court recently ruled that a Magistrate cannot return a complaint merely on the ground that it was filed by the wife of the complainant. Justice K. Haripal also emphasised that criminal law can be set in motion by anyone and that principle of locus standi does not apply in criminal jurisprudence. The Court found the act of …

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

Sanction Order Should Contain Reasons & Must Reflect Materials Considered By Authority: Kerala High Court
3 years, 1 month 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, 2 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 …

Retired Justice Rohinton Nariman urges SC to strike down sedition law, offensive parts of UAPA
3 years, 2 months ago

Retired Justice Rohinton Nariman urges SC to strike down sedition law, offensive parts of UAPA

India Today  

Former Supreme Court Justice Rohinton Fali Nariman has urged the top court to strike down Section 124A of the Indian Penal Code which criminalises sedition and offensive parts of the Unlawful Activities Act, 1967. Speaking at a function organised by the Viswanath Pasayat Memorial Committee, Justice Nariman said on Sunday, "I would exhort the supreme court to not send sedition …

Normal Rules Of Criminal Jurisprudence Not Applicable To COFEPOSA: Kerala HC Upholds Preventive Detention Of Accused In Gold Smuggling Case
3 years, 3 months ago

Normal Rules Of Criminal Jurisprudence Not Applicable To COFEPOSA: Kerala HC Upholds Preventive Detention Of Accused In Gold Smuggling Case

Live Law  

While directing continued preventive detention of two accused in the gold smuggling case, the Kerala High Court held that the normal rules of criminal jurisprudence or provisions of the Evidence Act will not be attracted while invoking provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.A Division Bench of Justice A.K Jayasankaran. While directing continued …

Right Of Accused To Impeach Witness Testimony Indefeasible, Embargo Under Section 172(3) CrPC Not Applicable: Kerala High Court
3 years, 3 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, 4 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 …

Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice
3 years, 5 months ago

Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice

Live Law  

The Supreme Court issued notice in Special Leave Petition filed against a Kerala High court order recalling its earlier judgment quashing rape and child sexual assault charges against various accused.The High Court bench presided by Justice K. Haripal had initially quashed the proceedings against on the grounds of the marriage of the accused to the victims. The Supreme Court issued …

'Anachronistic, Repressive': PUCL Moves Supreme Court Challenging Constitutional Validity Of Offence Of Sedition U/S 124A IPC
3 years, 5 months ago

'Anachronistic, Repressive': PUCL Moves Supreme Court Challenging Constitutional Validity Of Offence Of Sedition U/S 124A IPC

Live Law  

The People's Union for Civil Liberties has moved the Supreme Court challenging the offence of Sedition, punishable under Section 124-A IPC. In fact, the judgment fails to analyze the provision on following counts: Constituent Assembly Debates related to Sedition Development & interpretation of Article 19 and reasonable restrictions under Article 19 Relevancy of the provision in independent India Proximate nexus …

Presumption Of Constitutionality Doesn't Apply To Pre-Constitutional Laws: Former Union Minister Arun Shourie Moves Supreme Court Against Sedition Law
3 years, 5 months ago

Presumption Of Constitutionality Doesn't Apply To Pre-Constitutional Laws: Former Union Minister Arun Shourie Moves Supreme Court Against Sedition Law

Live Law  

"Sedition is a colonial law which was used expressly to suppress dissent by the British in India," says another plea filed before the Supreme Court challenging the constitutional validity of Section 124-A of IPC as being violative of Articles 14, 19, & 21 of the Constitution. Filed through Advocate Prashant Bhushan on behalf of former IT Minister Arun Shourie and …

Challenge To Sedition Offence : Supreme Court Seeks Responses Of Attorney General, Union of India; Hearing On July 27
3 years, 5 months ago

Challenge To Sedition Offence : Supreme Court Seeks Responses Of Attorney General, Union of India; Hearing On July 27

Live Law  

The Supreme Court on Monday adjourned to July 27 the hearing of the challenge to the constitutionality of the offence of sedition under Section 124A of the Indian Penal Code.Attorney General for India KK Venugopal, to whom the bench had issued notice on the petition on April 30, and Solicitor General Tushar Mehta, who was appearing for the Union of …

Kerala HC refuses to stay further proceedings in sedition case against Aisha Sultana
3 years, 6 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 …

Criminal Proceedings Not To Be Initiated Against A Public Servant For Passing A Wrong Order Without Evidence Of Extraneous Considerations: Kerala High Court
3 years, 6 months ago

Criminal Proceedings Not To Be Initiated Against A Public Servant For Passing A Wrong Order Without Evidence Of Extraneous Considerations: Kerala High Court

Live Law  

The Kerala High Court recently ruled that criminal proceedings cannot be initiated against a public servant under the Prevention of Corruption Act merely for passing a wrong order, without any material to demonstrate that such order was deliberately passed by him for extraneous considerations or on oblique motives. The question that came up in the Court was whether a public …

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