Strictly Legal

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National Herald Case

Well…I generally don’t comment on politicking between political parties, but since this judgment has opened up new arenas of accountability of political parties, I am commenting on it. The judge has made three very strong exceptions in the case of a political party. First, he has held that in case of a political party, the rule of locus standi needs to be eased, for public interest is involved. Secondly, he…


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Legal Aspects WRT to AAP Government Resignation

The AAP government has resigned because they couldn’t introduce the Jan Lokpal Bill in the assembly. The hurdle was the message sent by the Lt. Governor to the assembly u/s 9 of the GNCTD Act, 1991. In his message, the LG clearly stated that the bill was not sent to him for his prior consent as required u/s 22 of the GNCTD Act, 1991, for the bill was in the…


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Aarushi Murder Case Judgment: A Critique

Now, the judgment of the Trial Court in the Aarushi murder case has been pronounced, and the parents have been held guilty of the murders on the basis of circumstantial evidence. The undisputed facts of the case are that Nupur Talwar, Rajesh Talwar, Hemraj and Aarushi were last seen together on the night of 15/05/2008 in the flat owned by Rajesh Talwar and occupied by the four people mentioned above….


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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…