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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…

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Baba Ramdev Judgment: Right to Privacy of Sleep against Private Persons (?)

Baba Ramdev judgment, available here, is basically a judgment on the legality of implementation of ex-parte order dt. 04.06.2011 passed by the ACP, Kamala Market, Central Distt., Delhi, u/s 144 CrPC. However, the judgment by Hon’ble Justice B. S. Chauhan is also a primer on the right to privacy u/a 21 of the Indian Constitution. The judgment has very clearly identified the right to privacy of sleep as a right…

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Jan Lokpal Bill: Technical Problems

I hope I am not wasting time. Given underneath are technical problems in the Jan Lokpal Bill 2011 downloaded from the website of India against Corruption: Sec 4(4)(b): As per this section, no person against whom charges were ever framed in any offence involving moral turpitude can become a lokpal. Sec 509 and 510 IPC both qualify as offences involving moral turpitude; sec 509 definitely does. Sec. 509 is a…

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Binayak Sen Judgment: A Critique

At the outset, let me state that the judgment delivered in the Binayak Sen’s case is exceptionally bad. A full book can be written on it. However, I will discuss the most important angle of section 120B IPC; i.e., the criminal conspiracy held to be proved against Binayak Sen. He has been held guilty under section 124A IPC read with Sec 120B IPC for conspiring with Narayan Sanyal and Pijush…

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Aruna Shanbaug Judgment Analysis

Para 1 The Supreme Court has apparently decided this case under its writ jurisdiction u/a. 32 of the Indian Constitution in a Criminal Writ Petition filed before it. The criminal law in India is very clear: Any act (which includes omission) done with the knowledge that the act would cause death of a person amounts to culpable homicide/murder; and, by implication, any person doing any such act (omission) unto himself…

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Is IAEA Safeguard Agreement Unconstitutional?

The Agreement The termination clause of IAEA Safeguard Agreement is a bone of contention. As per Mr. Anil Kakodkar, the perpetuity of the safeguards is linked to the perpetuity of the fuel supplies, and this holds for the indigenous facilities as well. This is based on the interpretation of the IAEA Agreement. However, as per the other interpretation, based on paragraph 15 (c) of the Separation Plan dated 2nd March,…