In a recently concluded hearing before the Seven Judges Bench of the Supreme Court, Mr Kapil Sibal raised the very fundamental issue in relation to the changed electoral politics in India stating that the very purpose of all the laws regulating corrupt practices in an election is to protect the ‘underlying/enduring constitutional ethos’ and for […]
Posts in the Articles Published category:
Understanding an Affidavit – Published in the Statesman
Recently the Muslim Personal Law Board had to file an affidavit running into 68 pages in a proceeding initiated by the Supreme Court on its own motion. On the basis of a few selected lines of the bulky affidavit, the electronic and print media trivialised the stand taken by the Board. The concerted and coordinated […]
Food Adulteration Laws in India and Government’s Response – Published in LiveLaw
In the year 1954, the Central Government consolidated legal provisions by way of comprehensive legislation (the Prevention of Food Adulteration Act 1954) to curb food adulteration and repealed all the laws in relation thereto in force on that date. The penalties for the offences in 1954 Act were set out and from time to time, […]
Issues For The Court To Settle – Published in the Statesman
The appeal of the Vice-President of India to the Supreme Court to clarify the contours within which the principles of secularism and composite culture should operate has taken many people by surprise. But this issue has been talked about earlier also. Intellectuals, activists and even religious heads have spoken on this repeatedly. However, the Vice […]
‘Nationalists’ Who Hate Nationalism – Published in the Statesman
Now it is a time for testing who is a nationalist. Your love for the nation may not be important. To show love, you need to participate in a referendum on a daily basis to establish you are a nationalist. The test of your nationalism is not your love for the Constitution of India, or […]
A Terror Suspect Cannot Be A Terrorist – Published in The Statesman
Media reporting of criminal investigation and prosecution in the last 15 years has changed manifold. In case the suspect is arrested for terrorist activity and the police have started their investigation, the matter reaches the highest level of sensationalism. This was the case with Wasif Haider of Kanpur, who was arrested in many cases and […]
And Where Were The Muslim Lawyers? – Published in The Statesman
The hanging of Yakub Memon drew unexpected intention at the last moment when it had become abundantly clear that he had to go to the gallows. His case in the Supreme Court was pressed hard, in unprecedented hearings lasting till dawn two hours before he was actually hanged. The Court can be appreciated for having […]
Forcing a Choice on Children – Published in The Statesman
An Office Memorandum, directing all secondary and senior secondary schools to conduct prayer for twenty minutes, issued by the Government of Rajasthan became the subject matter of challenge in a petition before the High Court. Twenty minutes’ prayer time was trifurcated; five minutes for prayer, National song, National anthem, next 10 minutes for Suryanamaskar (Salutation […]
Due Process and Law Enforcement – Published in The Statesman
The curtailment of civil liberty in the form of detention of a civilian has a long history. In third world countries, like India, police officers and generally the Courts take view that ‘the end justifies the means’. In their eyes, taking unauthorized liberties in stopping, questioning and searching a citizen is commendable police work, if […]
Compensating the Victims of Crime – Published in Millennium Post
Monetary compensation should be given to victims of the criminal justice process In a modern constitutional democracy, the criminal justice process is the responsibility of the government. This process encapsulates everything from the involvement of police to the date of registration of crime till the conclusion of a criminal trial by court. Ordinarily, in the […]