Tag Archives: Supreme Court

Justice for Soni Sori. Gathering at Jantar Mantar, 02/01/13

Protests against Sexual Violence continue in Delhi. Earlier this morning, there was a gathering to protest against the gruesome sexual violence committed on Soni Sori while in custody in Chhattisgarh under the supervision of Ankit Garg, Superintendent of Police, Dantewada. Ankit Garg was awarded with a presidential police medal on Republic Day (January 26) in 2012.

Soni Sori’s petition at the Supreme Court is due to be heard tomorrow. Continue reading Justice for Soni Sori. Gathering at Jantar Mantar, 02/01/13

Supreme Court judgment on Pathribal case a lost opportunity: Warisha Farasat

Guest post by WARISHA FARASAT

The recent Supreme Court judgment on the Pathribal case is a lost opportunity. In the Pathribal encounter killing, five innocent civilians were picked up and killed in a staged encounter by the 7th Rashtriya Rifle of the army. At the time, the then Union Home Minister L.K. Advani had gone on record to say that five Lashkar militants who were responsible for the Chittisinghpora massacre of the Sikhs in the Kashmir Valley had been killed in an encounter. After investigation by the CBI, a chargesheet was filed before the Chief judicial Magistrate, Srinagar, implicating army personnel of the 7th Rashtriya Rifle. In 2006, the army was given the option by the CJM to choose the forum of trial, and to either face court martial or be tried by a regular criminal court. Showing contempt for the CJM, the army personnel refused to face any trial, and asked the CJM to return the chargesheet back to the CBI.

Continue reading Supreme Court judgment on Pathribal case a lost opportunity: Warisha Farasat

Clamping down on the dissenting voice

Part 3 of a 3 part series by SIDDHARTH NARRAIN. First published on The Hoot.
 

While the Supreme Court’s decision lay to rest the debate on the scope and constitutional validity of the sedition law, the life of the sedition law is entangled with that of political dissent in the country. A brief search for reported High Court and Supreme Court cases on sedition gives us an indication of the kinds of situations where the sedition law is commonly used.

For instance, in 1967, the government prosecuted Ghulam Rasood Choari, the editor of an Agra based Urdu weekly called Ehsas for exhorting the Muslims of the country, especially the Muslims of Kashmir to violence against the government and bringing the readers of the paper into ‘hatred’ and contempt and dissatisfaction with the government (Ghulam Rasool Choari v. The State 1968 CriLJ 884).

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Perils of Arbitrariness – MSS Pandian

The Central Educational Institution (Reservation and Admission) Act, 2006, which provides for 27 per cent reservation for Other Backward Classes (OBCs) in institutions of higher learning, is in a state of deep freeze. The Union Government’s desperate promises to expand the educational infrastructure in these institutions, to increase the number of seats so that the number of open quota seats will remain the same, and to address the issue of creamy layer, has failed to convince the Supreme Court. After a court battle of five long months, a Supreme Court Bench has finally refused to vacate the stay on the Act imposed in March 2007.
The Supreme Court’s objection to the Act is quite straightforward and seemingly reasonable. It posed to the Union Government, what is the basis on which the figure 27 per cent had been arrived at. The Union Government failed to come up with any credible answer and the Supreme Court, as one would expect, stuck to its position. In other words, Supreme Court wants no legislation to be arbitrary but be based on defendable rational basis.
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