Anti-terror laws should not be misused to quell dissent, says Justice DY Chandrachud
3 years, 5 months ago

Anti-terror laws should not be misused to quell dissent, says Justice DY Chandrachud

Firstpost  

The Supreme Court rule prompts it to ‘address the challenges of the 21st century, ranging from the pandemic to the rise of intolerance’, he added New Delhi: The criminal law, including the anti-terror legislation, should not be misused for quelling dissent or harassment of citizens, Supreme Court judge Justice DY Chandrachud has said while underlining the role of the apex court in protecting fundamental rights in challenging times. Observing that the Indian Supreme Court plays the role of a counter-majoritarian institution, Justice Chandrachud said it is the duty of the top court to protect the rights of socio-economic minorities. Justice Chandrachud made these comments on Monday while speaking on the “Role of the Supreme Court in protecting fundamental rights in challenging times” at a conference hosted by the American Bar Association with the Society of Indian Law Firms and Chartered Institute of Arbitrators. Referring to his judgement in the Arnab Goswami case, Justice Chandrachud said: “The criminal law, including anti-terror legislation should not be misused for quelling dissent or for the harassment of citizens.” “As I noted in Arnab Goswami vs The State of Maharashtra & Ors, ‘our courts must ensure that they continue to remain the first line of defense against the deprivation of the liberty of citizens.

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History of this topic

DC Edit | Top court must pull up errant high court judge
1 week, 5 days ago

DC Edit | Top court must pull up errant high court judge

Deccan Chronicle  

That the Supreme Court of India has taken note of the reports of a hate speech given by Justice Shekhar Kumar Yadav of the Allahabad high court, that it has called for its details and particulars from the high court and that the matter is under consideration of the apex court must bring immense relief to those who believe in …

Expect Supreme Court to issue clear guidelines on ‘bulldozer justice’ issue, says Rahul Gandhi
3 months, 3 weeks ago

Expect Supreme Court to issue clear guidelines on ‘bulldozer justice’ issue, says Rahul Gandhi

The Hindu  

Welcoming the Supreme Court observation against “bulldozer justice”, Rahul Gandhi, Leader of the Opposition in the Lok Sabha, on Monday urged the top court to issue clear guidelines on the matter to protect citizens. “The Supreme Court’s comment on BJP’s unconstitutional and unjust ‘bulldozer policy’ is welcome. The Congress leader said bulldozers not only symbolised “unbridled power”, but constantly challenged …

Person holding constitutional post trying to destroy economy: Jagdeep Dhankhar
4 months, 1 week ago

Person holding constitutional post trying to destroy economy: Jagdeep Dhankhar

India Today  

Vice President Jagdeep Dhankhar, in a veiled dig at the Leader of Opposition in the Lok Sabha, Rahul Gandhi, stated that "a person holding a constitutional position" is attempting to destroy the Indian economy. Addressing law students at the National Law University on Friday, the Vice President stated that he was "extremely worried" about the narrative, which, according to him, …

Dushyant Dave Writes: On Manipur, Supreme Court Must Be More Proactive
1 year, 5 months ago

Dushyant Dave Writes: On Manipur, Supreme Court Must Be More Proactive

Live Law  

The videos on social media and reports of the women being publicly assaulted by a group of people in Manipur are among the worst manifestations of communal frenzy. The Supreme Court of India has, belatedly, taken suo motu cognisance of the situation and observed: “We are expressing our deep concern. The SC must be conscious at all times about its …

Ecosystem Trying to Hurt India; If There's A Court Verdict, One Must Obey It: Dhankhar - News18
1 year, 8 months ago

Ecosystem Trying to Hurt India; If There's A Court Verdict, One Must Obey It: Dhankhar - News18

News 18  

An ecosystem through an orchestrated narrative is trying to hurt India, said Vice President Jagdeep Dhankhar on Thursday at Network18’s Rising India 2023 Summit. In a statement apparently aimed towards Congress leader Rahul Gandhi, the Vice President also condemned those who go to foreign countries and use platforms there to attack India. At a time when there is a perception …

Calcutta High Court judge issues contempt proceedings against lawyers
1 year, 11 months ago

Calcutta High Court judge issues contempt proceedings against lawyers

The Hindu  

Justice Rajasekhar Mantha of Calcutta High Court on Tuesday issued suo motu criminal contempt proceedings against a group of lawyers who held protests and blocked his entry to court on Monday. Meanwhile, Chief Justice of Calcutta High Court Prakash Shrivastava expressed his displeasure over the developments on Monday. ‘Attempts to terrorize judiciary’ Reacting to the developments, Justice Abhijit Gangopadhyay of …

India's Constitutional Values Are In Danger, Situation Worse Than Emergency : Sr Adv Raju Ramachandran
1 year, 11 months ago

India's Constitutional Values Are In Danger, Situation Worse Than Emergency : Sr Adv Raju Ramachandran

Live Law  

Senior Advocate Raju Ramachandran on Saturday said that, "Judges of the Supreme Court and the superior judiciary most be extra strong in resisting executive interference and in ruling against executive excesses." One can pray for the sake of democracy and constitution that both judiciary and the media rise to the occasion," Mr. Ramachandran added. While speaking at the 'Save the …

NV Ramana, UU Lalit, DY Chandrachud, 2022 Saw 3 CJIs: So, How Was It?
1 year, 11 months ago

NV Ramana, UU Lalit, DY Chandrachud, 2022 Saw 3 CJIs: So, How Was It?

The Quint  

And yet, Ramana, Lalit and Chandrachud, in their respective tenures, along with some of their fellow judges at the Supreme Court, should be credited for standing up to an increasingly querulous executive. Especially, in recent months, when from the law minister to the vice president, government figures have grown increasingly unsparing with their 'take' on the functioning of our constitutional …

The attack on the last bastion — the judiciary
2 years ago

The attack on the last bastion — the judiciary

The Hindu  

Recent comments by the Vice-President, Jagdeep Dhankar, and the Law Minister, Kiren Rijiju, can be read as a concerted attack on the collegium system, the Supreme Court of India, and even the basic structure doctrine. And a resurgent judiciary Since the Supreme Court’s decision in 2015 on the National Judicial Appointments Commission Act, arguably, from the Court under the Chief …

Justice AM Khanwilkar's Legacy : Regression of Fundamental Rights
2 years, 4 months ago

Justice AM Khanwilkar's Legacy : Regression of Fundamental Rights

Live Law  

Justice AM Khanwilkar, who during his initial days of judgeship in the Supreme Court was mostly a silent concurring presence, transformed into a prominent voice towards the end of his 6-year term favouring the executive's stand in several high profile matters. Making bail impossible in UAPA case - NIA vs Zahoor Ahmed Shah Watali In a judgment which has received …

Haridwar Hate Speeches Call For UAPA, Sedition Charges: Advocate Dushyant Dave
2 years, 11 months ago

Haridwar Hate Speeches Call For UAPA, Sedition Charges: Advocate Dushyant Dave

The Quint  

The Quint: You along with 75 other lawyers have written to the Chief Justice of India asking for the Supreme Court to take suo moto cognisance of these hate assemblies. Tell us your reasoning behind wanting the Chief Justice or indeed the Supreme Court to take action on this matter and what action are you hoping that they take. In …

Government can’t be adversary to those who come to court for protection of basic rights: Supreme Court
3 years, 1 month ago

Government can’t be adversary to those who come to court for protection of basic rights: Supreme Court

The Hindu  

The Supreme Court in the Pegasus case underlined the principle that the Government cannot take an “adversarial position” when the fundamental rights of citizens are under threat. The apex court, in its Pegasus order, said it had no intention to encroach into the “political thicket”, but it also would not cower when the fundamental rights of citizens were at stake. …

Criminal Law, Including Anti-Terror Legislation, Should Not Be Misused For Quelling Dissent Or Harassment To Citizens
3 years, 5 months ago

Criminal Law, Including Anti-Terror Legislation, Should Not Be Misused For Quelling Dissent Or Harassment To Citizens

Live Law  

Supreme Court Justice Dr. DY Chandrachud, in an address to the India-US Joint Summer Conference on Indo-US legal ties, noted that criminal law, including anti-terror legislation, should not be misused for quelling dissent or harassment to citizens. He noted, "But as the country evolved, the Supreme Court of India incorporated the doctrine of procedural due process in its jurisprudence by …

Magistrates & Trial Judges Also Have Responsibility In Safeguarding Citizens' Fundamental Right: Supreme Court
3 years, 9 months ago

Magistrates & Trial Judges Also Have Responsibility In Safeguarding Citizens' Fundamental Right: Supreme Court

Live Law  

The Magistrates and trial Judges have as much, if not more, responsibility in safeguarding the fundamental rights of the citizens of India as the highest court of this land, remarked the Supreme Court in a judgment in which it emphasized the role of the lower Judiciary in preventing abuse of criminal court process.This is a case that should not have …

Book Review "Supreme Court"
3 years, 10 months ago

Book Review "Supreme Court"

Live Law  

The Book titled "Supreme Court", written by Shri Ashok Panda, Sr. Advocate, is quite informative regarding the working, composition, and contribution of the Supreme Court of India in shaping the life of citizens, by giving a very wide and extensive interpretation to the provisions of the Constitution, particularly to the part III thereof. The Supreme Court, referred as "the soul …

A Shadow Supreme Court – No Way
4 years, 2 months ago

A Shadow Supreme Court – No Way

News 18  

A peculiar scenario has emerged in India, in which anyone with a tongue doesn’t stop lashing it against the Constitutional institutions. If anyone has any serious issue with the allegedly inappropriate roster for assignment of cases, he should either seek remedy against particular judgments pronounced by any particular Judge or to challenge the Chief Justice of India in the capacity …

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