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CBI: Existential Crisis

The recent judgment of the Guwahati HC in W.A. No. 119 of 2008, Navendra Kumar vs. Union of India, has created an existential crisis for the CBI. Before the HC, the CBI tried to justify its existence on the basis of two sources: first as a “police” force established under the Delhi Special Police Establishment Act, and secondly as a central bureau of “investigation” established u/a 73 r/w entry 8…


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Right to Information: A review

APPLICATION PROCESSING AND FEES The  RTI Act provides for charging of the fees under three sections: section 6(1), section 7(1) and section 7(5). I am surprised that till date the government has not laid down any rules for the collection of fees u/s 7(1) — this is not the same as initial application fees of Rs 10 charged u/s 6(1). Of course, the fees charged under the RTI Act is…


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Critique : Justice Verma Committee’s Proposed Amendment to IPC

First published on 24.01.2013 Critique My critique of the amendment proposed in the IPC by Jusitce Verma Committee: Sec 100 : S 326A is not only grievous hurt; “which shall include” creates confusion about the intention of the legislature; the courts may misinterpret the provision to allow this defence even in those cases where no case for the apprehension of grievous hurt is made out. Sec 166A: Five year punishment…


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Trial of Rape Cases

Herein, I am trying to suggest certain measures that can be taken to expedite the rape/sexual assault proceedings and, more importantly, the measures that can be taken to bring in the certainty of results reflected in the larger number of genuine convictions. ASSUMPTIONS 1. The amendments in the IPC expanding the definition of rape to include sexual assault in it and also making it gender neutral is acceptable, and the…


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Section 66A Information Technology Act

Correction dt. 25.03.2015: Yesterday, the Supreme Court scrapped S.66A, IT Act. Thus, I re-visited this topic and realized that the offences under the IT Act are not governed by CrPC but S.77B, IT Act, as per which, S.66A is cognizable and bailable; so, a correction here. Article dt. 21.11.2012 I have no doubt whatsoever that the sole purpose of s. 66A IT Act is to intimidate the netizens from freely…


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In Re: Regularisation of Unauthorised Colonies in Delhi

Delhi Government is playing with Fire At the very outset, I ought to disclose that I am an inhabitant of an unauthorized colony which is in the list of 917 colonies having been given approval for regularization by the centre.  I think it is inevitable to regularize unauthorized colonies now, and elsewhere I have also opined that the unauthorized colonies have, ironically, been a boon for the citizens of Delhi….


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2G Judgment – So Do We Finally Have Due Process of Law? Yes, I Think We Do

First Published on 02.02.2012 I was waiting for this day. Article 14 of the Indian constitution has always enamored me. The equality, enshrined under article 14, can be ensured in two ways: first by challenging the law/policy/action of the state on the principle of intelligible differentia and rational nexus — but that’s not where lies the real fun — and secondly by invoking procedural fairness. After the Maneka Gandhi judgement…