Is Notification Barring Release Of Rape Convict On Furlough Violative Of A.14, 21: Bombay HC Refers Question To Larger Bench [Read Order]
6 years, 6 months ago

Is Notification Barring Release Of Rape Convict On Furlough Violative Of A.14, 21: Bombay HC Refers Question To Larger Bench [Read Order]

Live Law  

A division bench of the Bombay High Court has referred an important question of law to a larger bench in a case involving a police officer convicted of rape of the victim who was in his custody. The question is – Whether Rule 4 of the Maharashtra Prisons Rules, 1959, introduced by the notification dated 26-8-2016, creating an absolute bar to claim release on furlough leave and consequently Rule 19 of the Rules of 1959 to claim release on parole leave to the convict for the offence of rape, is violative of Articles 14 and 21 of the Constitution, particularly when the offenders or convicts in other serious offences are entitled to such leave? Additional Public Prosecutor AM Joshi relied upon the decision of a division bench of the high court in Sharad Devaram Shelake v. State of Maharashtra, reported in 2016, wherein the validity of a similar Rule 4 of the Rules of 1959, introduced by the notification dated February 23, 2012, was upheld. In the said judgment, the division bench had relied upon the decision of the apex court in the case of State of Haryana and another v. Jai Singh, reported in 2003, wherein it was held in categorical terms that the classification created for imposing bar to grant parole or furlough, based on the nature of offences, is a valid classification for the purpose of deciding whether the persons who have committed such offences should be granted remission or not.

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History of this topic

HC refers key arrest procedure issues to larger bench
1 month, 3 weeks ago

HC refers key arrest procedure issues to larger bench

Hindustan Times  

MUMBAI: A larger bench of the Bombay High Court will soon decide whether the grounds of arrest must be communicated to an accused in writing and whether a prior notice is mandatory before an arrest is made. HC refers key arrest procedure issues to larger bench A division bench of Justices Sarang Kotwal and S M Modak, hearing multiple petitions …

Banbhoolpura violence: Uttarakhand HC asks 'mastermind' to approach division bench for bail
6 months, 3 weeks ago

Banbhoolpura violence: Uttarakhand HC asks 'mastermind' to approach division bench for bail

The Hindu  

A single-judge bench of Uttarakhand High Court on Monday disposed of the bail petition of Abdul Malik, the alleged mastermind of Banbhoolpura violence, asking him to approach a division Bench of the high court as it is a case under the Unlawful Activities Act. On August 30, after hearing the bail application of Mr. Malik, the single bench of Justice …

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict
11 months, 1 week ago

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict

Live Law  

The Supreme Court has voiced its criticism in a matter where the Gujarat High Court reserved a judgment for ten months and ultimately released it because it was not pronounced within a reasonable time. "We hope earnestly that this does not reflect the trend in High Courts in other parts of the country as well", the Supreme Court observed in …

Delhi Government Approaches Supreme Court Again Against Centre; Says Transfer Of Secretary Not Approved Despite SC Verdict In Its Favour
1 year, 10 months ago

Delhi Government Approaches Supreme Court Again Against Centre; Says Transfer Of Secretary Not Approved Despite SC Verdict In Its Favour

Live Law  

The Delhi Government has again approached the Supreme Court complaining that the Union Government is not approving its decision to transfer a Secretary, despite a Constitution Bench upholding the powers of the Delhi Government to control services a day ago.Senior Advocate Dr.Abhishek Manu Singhvi assisted by Advocate Shadan. The Delhi Government has again approached the Supreme Court complaining that the …

SC agrees to constitute Special Bench to hear Bilkis Bano’s plea against remission to convicts in gang-rape case
2 years ago

SC agrees to constitute Special Bench to hear Bilkis Bano’s plea against remission to convicts in gang-rape case

The Hindu  

Chief Justice of India D.Y. Chandrachud on Wednesday told Bilkis Bano that a Special Bench will be formed to hear her petition challenging the release of 11 men sentenced to life imprisonment for her gang-rape during the 2002 riots. Editorial | Remission without reform: On the release of 11 convicts in Bilkis Bano case Chief Justice Chandrachud assured Ms. Gupta …

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases
2 years ago

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases

Live Law  

A division bench comprising of Justices M.S. Ramachandra Rao and Sukhvinder Kaur of the Punjab and Haryana High Court has held that the norm of undergoing minimum mandatory period of custody of 6 years for consideration of grant of relief of suspension of sentence in cases where there is conscious possession of commercial quantity of contraband RCR 316) is liable …

Bombay High Court reserves judgment on NCP leader Anil Deshmukh's bail plea
2 years, 5 months ago

Bombay High Court reserves judgment on NCP leader Anil Deshmukh's bail plea

India Today  

The Bombay High Court has reserved its judgment on the bail plea of former Maharashtra home minister Anil Deshmukh. Referring to Deshmukh’s move to head to the Supreme Court every time there was a delay in the hearing of his bail plea, Justice NJ Jamadar told Deshmukh’s lawyer Vikram Chaudhari that the plea could have been mentioned in Bombay High …

High Drama In Calcutta HC As Single Judge Objects To Division Bench Direction To Accept Document In "Sealed Cover"
2 years, 11 months ago

High Drama In Calcutta HC As Single Judge Objects To Division Bench Direction To Accept Document In "Sealed Cover"

Live Law  

Justice Abhijit Gangopadhyay of the Calcutta High Court on Wednesday passed a scathing order against the observations made by a Division Bench in a case pertaining to the alleged irregularities in the appointment of 'Group-D' in Justice Abhijit Gangopadhyay of the Calcutta High Court on Wednesday passed a scathing order against the observations made by a Division Bench in a …

Calcutta High Court To Consider Bail For Convicts Languishing In Jail For 14 Yrs Amid Pendency Of Their Appeals
2 years, 11 months ago

Calcutta High Court To Consider Bail For Convicts Languishing In Jail For 14 Yrs Amid Pendency Of Their Appeals

Live Law  

The Calcutta High Court on Tuesday directed the Registrar of the High Court to prepare a list of appeals where the appellants are in jail for 14 years or more and list those matters before the Court for consideration of bail within 2 weeks. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi noted that the Supreme Court in …

Bombay HC upholds conviction of husband, in-laws in forced abortion case
3 years, 2 months ago

Bombay HC upholds conviction of husband, in-laws in forced abortion case

India Today  

The Aurangabad Bench of Bombay High Court recently observed that forcibly aborting the foetus of a woman amounts to cruelty, while upholding the order convicting her husband and in-laws for attempting to murder her. The observation came by the Bench of Justices VK Jadhav and SC More in partly allowing the appeal filed by the husband and his parents against …

Difference Between 'Parole' and 'Furlough' : Supreme Court Explains
3 years, 5 months ago

Difference Between 'Parole' and 'Furlough' : Supreme Court Explains

Live Law  

The Supreme Court has discussed the differences between 'furlough' and 'parole' and the principles relating to grant of them.A bench comprising Justice DY Chandrachud and Justice BV Nagarathna stated the broad principles as : Furlough and parole envisage a short-term temporary release from custody; While parole is granted for the prisoner to meet a specific exigency, furlough may. A bench …

Ex-Parte Decree Against Minor Not Represented By A Duly Appointed Guardian A Nullity : Supreme Court
3 years, 8 months ago

Ex-Parte Decree Against Minor Not Represented By A Duly Appointed Guardian A Nullity : Supreme Court

Live Law  

The Supreme Court has upheld a judgment of the Madras High Court which held that an ex-parte decree passed against a minor not represented by a guardian who is duly appointed is a nullity.A bench comprising Justices Indira Banerjee and V Ramasubramanian was considering an appeal filed against the High Court judgment, which had set aside the ex-parte decree passed …

Supreme Court Stays Rajasthan High Court Order Which Restrained Police From Arresting Accused In Cases Where Maximum Sentence Is Up To 3 Years
3 years, 10 months ago

Supreme Court Stays Rajasthan High Court Order Which Restrained Police From Arresting Accused In Cases Where Maximum Sentence Is Up To 3 Years

Live Law  

The Supreme Court on Tuesday stayed the Rajasthan High Court Order which restrained the police from making the arrest of the accused persons, who are charged with an offence where the maximum sentence is up to three years, till 17th July, 2021.The Supreme Court has also stayed the direction of High Court Single Bench which directed The Registrar, Jaipur Bench, …

Should Plea Against Sessions Court Order Denying Bail Under UAPA Be Placed Before Division Bench?: Madras HC Refers Question To Larger Bench
4 years, 2 months ago

Should Plea Against Sessions Court Order Denying Bail Under UAPA Be Placed Before Division Bench?: Madras HC Refers Question To Larger Bench

Live Law  

The Madras High Court recently referred to a larger bench the question whether an application against the order passed by a Sessions Court under the Unlawful Activities Act should be placed before a Single Judge or before a Division Bench of the High Court. The Government Advocate had opposed the plea on the ground that the single-Bench is not competent …

Full Bench Order On Extension of Parole In Light of COVID19 Applies To Both Parole Granted By Jail And By The Court: Delhi HC [Read Order]
4 years, 5 months ago

Full Bench Order On Extension of Parole In Light of COVID19 Applies To Both Parole Granted By Jail And By The Court: Delhi HC [Read Order]

Live Law  

Delhi High Court has clarified that no distinction can be created between prisoners who were released on parole by the jail authorities and those who were granted parole by the court, for availing the benefits of the extension order passed by the Full Bench of the court. Appearing for the Petitioner, Mr Akshay Bhandari argued that the very reason for …

Hathras: SC reserves order on transfer of trial
4 years, 5 months ago

Hathras: SC reserves order on transfer of trial

Deccan Chronicle  

New Delhi: The Supreme Court on Thursday reserved its order on a plea by the family of Hathras gang-rape victim seeking the transfer of the trial to Delhi while making it clear that it does not intent to interfere with Allahabad high court that is dealing with the matter. Chief Justice Sharad A. Bobde, heading a bench also comprising Justice …

Validity Of Remission Policy Allowing Premature Release Of Life Convicts Aged Above 75: SC Refers Matter To Constitution Bench [Read Order]
4 years, 8 months ago

Validity Of Remission Policy Allowing Premature Release Of Life Convicts Aged Above 75: SC Refers Matter To Constitution Bench [Read Order]

Live Law  

A three judge bench headed by Justice UU Lalit has referred to a larger bench an important legal issue about the validity of Haryana Government's policy allowing premature release of life convicts aged above 75 which overrides Section 433A of Code of Criminal Procedure. "Whether in exercise of power conferred under Article 161 of the Constitution a policy can be …

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 …

Release Of Accused/Convict Breaching Lockdown Order At The Cost Of Risking Lives Does Not Fall Under 'Extremely Urgent' Category: Bombay HC [Read Order]
4 years, 11 months ago

Release Of Accused/Convict Breaching Lockdown Order At The Cost Of Risking Lives Does Not Fall Under 'Extremely Urgent' Category: Bombay HC [Read Order]

Live Law  

The Bombay High Court while rejecting two separate bail applications filed on different grounds on Friday observed that release of an accused or a convict in 'breach of the lockdown order' and at the cost of risking lives of many cannot be considered to fall within the category of "extremely urgent matter" which is exclusively being heard by the Court …

Can High Court Order Registration Of FIR?: SC Reiterates Observations In Sakiri Vasu Judgment [Read Order]
5 years ago

Can High Court Order Registration Of FIR?: SC Reiterates Observations In Sakiri Vasu Judgment [Read Order]

Live Law  

The High Court could not have directed the registration of an FIR, said the Supreme Court in a judgment delivered today reiterating the observations in celebrated judgment in Sakiri Vasu v. State Of Uttar Pradesh. The bench of Justices NV Ramana, Mohan M. Shantanagoudar and Sanjiv Khanna set aside a High Court order which directed the police to register a …

Probation Of Offenders Act Does Not Bar The Grant Of Probation To Spoilt Brats: HP HC
5 years, 3 months ago

Probation Of Offenders Act Does Not Bar The Grant Of Probation To Spoilt Brats: HP HC

Live Law  

Taking suo moto cognizance of a complaint against release of one Raghubir Singh under Section 4 of the Probation of Offenders Act, 1958, after his conviction under Section 332 IPC for beating a police officer, the Himachal Pradesh High Court upheld his release on probation and remarked that the Act does not bar the grant of probation to "spoilt brats". …

Madras High Court questions TN govt over different stands in premature release of convicts
5 years, 7 months ago

Madras High Court questions TN govt over different stands in premature release of convicts

New Indian Express  

A division bench on Wednesday observed that life convicts involved in the heinous Dharmapuri bus burning case had been given premature release, which had also taken a cabinet decision and recommended to the Governor to release the seven accused in former Prime Minister Rajiv Gandhi assassination case for early release in September, 2018. The bench was hearing a contempt application …

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]
6 years, 3 months ago

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]

Live Law  

The Supreme Court has upheld a full bench order of the Allahabad High Court turning down a reference to it seeking to examine correctness of a division bench judgment which was approved by the apex court.A division bench of Allahabad High Court, doubting the correctness of another division bench judgment in Dr. Vishwajeet Singh and others. The Supreme Court has …

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]
6 years, 3 months ago

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]

Live Law  

The Supreme Court has upheld a full bench order of the Allahabad High Court turning down a reference to it seeking to examine correctness of a division bench judgment which was approved by the apex court.A division bench of Allahabad High Court, doubting the correctness of another division bench judgment in Dr. Vishwajeet Singh and others. The Supreme Court has …

Bhima Koregaon violence: Supreme Court to hear Maharashtra govt's plea challenging Bombay HC ruling on 29 October
6 years, 5 months ago

Bhima Koregaon violence: Supreme Court to hear Maharashtra govt's plea challenging Bombay HC ruling on 29 October

Firstpost  

The apex court’s decision comes after the Bombay High Court on Wednesday quashed the lower court’s decision by which the Maharashtra Police was granted more time to conclude the investigation and file the charge sheet in the violence case in which several rights activist had been made accused. The Supreme Court on Thursday agreed to hear the Maharashtra government’s plea …

SC Notice To Centre, MP On Steps Being Taken To Create Alternative Forum For Expeditious Hearing Of Criminal Appeals [Read Order]
6 years, 10 months ago

SC Notice To Centre, MP On Steps Being Taken To Create Alternative Forum For Expeditious Hearing Of Criminal Appeals [Read Order]

Live Law  

‘Issue notice to the Union of India as well as to the State of Madhya Pradesh to consider whether any steps are being taken to ensure expeditious hearing of such appeals by creating an alternative forum as suggested in Krishna Kant Tamrakar or otherwise.’The Supreme Court has issued a notice to Union of India and the State of Madhya Pradesh …

SC To Reconsider Directions To Check Abuse of Section 498A IPC On Monday
6 years, 11 months ago

SC To Reconsider Directions To Check Abuse of Section 498A IPC On Monday

Live Law  

The Supreme Court bench headed by Chief Justice Dipak Misra has scheduled for hearing on Monday the question for reconsideration of the directions to check abuse of Section 498A of the IPC laid down in the 2017 apex court judgment in Rajesh Sharma v. UOI.Remarking that the directions govern the procedural aspects of the registration of a complaint by the …

Why was Rajesh, Nupur Talwar's release delayed in daughter Aarushi's murder case?
7 years, 5 months ago

Why was Rajesh, Nupur Talwar's release delayed in daughter Aarushi's murder case?

Firstpost  

The delay in the Talwar couple’s release, even after their acquittal, was attributed to court holidays and the fact that the certified copy of the Allahabad High Court order acquitting them failed to reach the prison authorities Three days after the Allahabad High Court acquitted Rajesh and Nupur Talwar of the murder of their teenage daughter Aarushi and domestic help …

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

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

Live Law  

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

Reasons For Rejecting Plea For Parole & Appeal Thereafter Can’t Be Different: Bombay HC [Read Judgment]
7 years, 7 months ago

Reasons For Rejecting Plea For Parole & Appeal Thereafter Can’t Be Different: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court recently allowed a writ petition filed by an inmate currently lodged in Taloja Central Prison, holding that reasons for rejecting his application for parole and the reasons for dismissing the appeal were not in consonance with each other and entirely different reasons are stated in both the orders.A bench of Justice VK Tahilramani and Justice SK …

HC Has Powers To Condone Delay In Filing Appeal Before Railway Claims Tribunal Act: MP HC [Read Opinion]
7 years, 10 months ago

HC Has Powers To Condone Delay In Filing Appeal Before Railway Claims Tribunal Act: MP HC [Read Opinion]

Live Law  

A division of Madhya Pradesh High Court has held the High Court has power to condone delay in filing an appeal made under section 23 of the Railway Claims Tribunal Act in exercise of powers under section 5 of the Limitation Act on sufficient cause being shown by an appellant.The division bench in response to the question referred to it …

HC Has Powers To Condone Delay In Filing Appeal Before Railway Claims Tribunal Act: MP HC [Read Opinion]
7 years, 10 months ago

HC Has Powers To Condone Delay In Filing Appeal Before Railway Claims Tribunal Act: MP HC [Read Opinion]

Live Law  

A division of Madhya Pradesh High Court has held the High Court has power to condone delay in filing an appeal made under section 23 of the Railway Claims Tribunal Act in exercise of powers under section 5 of the Limitation Act on sufficient cause being shown by an appellant.The division bench in response to the question referred to it …

Supreme Court Weekly Round-Up
8 years, 7 months ago

Supreme Court Weekly Round-Up

Live Law  

No prohibition in giving weightage to service rendered by daily wages employeesThe Supreme Court of India clarified that, its Judgment in Secretary, State of Karnataka vs. Uma Devi has not prohibited the State from giving weightage for the service rendered by employees where services were used by the State either temporarily or on adhoc bases, including daily wage basis, irrespective …

Govt. has to be a Model and Ideal Litigant; ‘Delay’ not to be condoned merely because the applicant is the State: Bombay HC [Read Judgment]
8 years, 8 months ago

Govt. has to be a Model and Ideal Litigant; ‘Delay’ not to be condoned merely because the applicant is the State: Bombay HC [Read Judgment]

Live Law  

The Government, being the largest litigant, has to be a model and ideal litigant, a division bench of the Bombay High Court comprising of Justices S.C. Dharmadhikari and Dr. Shalini Phansalkar Joshi has observed while refusing to condone the delay by the Government in preferring Appeals. In another notice of motion filed, the delay was attributed to “the various internal …

Rajiv killers cannot be freed without Centre’s “concurrence” as CBI was probe agency: SC Constitution Bench [Read Judgment]
9 years, 3 months ago

Rajiv killers cannot be freed without Centre’s “concurrence” as CBI was probe agency: SC Constitution Bench [Read Judgment]

Live Law  

For now, the seven life convicts in the Rajiv Gandhi assassination case which includes four Sri Lankans, will remain in Vellore Central Prison in Tamil Nadu, as a five judge Constitution bench of the Supreme Court today ruled that the Tamil Nadu government headed by J Jayalalithaa could not have unilaterally granted them remission.However their fate of V. Sriharan alias …

Breaking; Two Judge Bench (SC) Lets off Rapist with the 'sentence already undergone' citing a Judgment which was held as 'no longer a precedent' by Three Judge Bench [Read Jt]
10 years ago

Breaking; Two Judge Bench (SC) Lets off Rapist with the 'sentence already undergone' citing a Judgment which was held as 'no longer a precedent' by Three Judge Bench [Read Jt]

Live Law  

A two Judge Bench of the Supreme Court in Ravindra Vs State of MP, while upholding the conviction of an accused in a Rape Case, sentenced him to the 'sentence already undergone' by reducing the mandatory minimum sentence for Rape. ", the Bench relied on Justice Katju's infamous Judgment in Baldev Singh vs. State of Punjab which was held " …

Breaking; Two Judge Bench (SC) Lets off Rapist with the 'sentence already undergone' citing a Judgment which was held as 'no longer a precedent' by Three Judge Bench [Read Jt]
10 years ago

Breaking; Two Judge Bench (SC) Lets off Rapist with the 'sentence already undergone' citing a Judgment which was held as 'no longer a precedent' by Three Judge Bench [Read Jt]

Live Law  

A two Judge Bench of the Supreme Court in Ravindra Vs State of MP, while upholding the conviction of an accused in a Rape Case, sentenced him to the 'sentence already undergone' by reducing the mandatory minimum sentence for Rape. ", the Bench relied on Justice Katju's infamous Judgment in Baldev Singh vs. State of Punjab which was held " …

Mumbai gang-rape case: trial adjourned to April 1
10 years, 11 months ago

Mumbai gang-rape case: trial adjourned to April 1

The Hindu  

The sessions court here on Friday adjourned the hearing in the photojournalist’s gang-rape case till Tuesday, after the defence lawyers said they wanted to peruse the Bombay High Court’s order before proceeding with the trial. The Bombay High Court had on Thursday refused to interfere “at this stage” with the sessions court’s decision to frame a fresh charge for repeat …

Bombay High Court says, discharging on parole not an absolute right
11 years ago

Bombay High Court says, discharging on parole not an absolute right

Live Law  

While rejecting petitions challenging the validity of the rules restricting a prisoner from applying for parole before the completion of one year from the expiry of his last parole, the Nagpur Bench of the Bombay High Court comprising Justices B.R. Gavai and A.S. Chandurkar observed in their judgment that there was no merit in the challenge to the validity of …

Bombay High Court says, discharging on parole not an absolute right
11 years ago

Bombay High Court says, discharging on parole not an absolute right

Live Law  

While rejecting petitions challenging the validity of the rules restricting a prisoner from applying for parole before the completion of one year from the expiry of his last parole, the Nagpur Bench of the Bombay High Court comprising Justices B.R. Gavai and A.S. Chandurkar observed in their judgment that there was no merit in the challenge to the validity of …

Mumbai HC releases murder convict, says he was juvenile at the time of offence
11 years, 6 months ago

Mumbai HC releases murder convict, says he was juvenile at the time of offence

India TV News  

Mumbai: Holding that a convict was a juvenile when he committed the offence, the Bombay High Court yesterday ordered his release from Thane Central jail where he has been serving a life term in a murder case. Nawab Ali Dinhulhasan Sawant was convicted by a Sewri Sessions Court five years ago but he challenged his conviction in the High Court.During …

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