Strictly Legal

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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,…