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  • NDPS Bail Conditions Discriminatory, Irrational And Defy Human Logic: Punjab & Haryana HC

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NDPS Bail Conditions Discriminatory, Irrational And Defy Human Logic: Punjab & Haryana HC

Courtesy/By: Sanjeev Sirohi  |  31 Aug 2018     Views:3136

Let me begin at the very beginning by first and foremost pointing out that in a landmark judgment with far reaching consequences while deciding a bail application in a drug trafficking case titled Ankush Kumar @ Sonu vs State of Punjab CRM-M-30643 of 2018 (O&M) decided on 9 August 2018, Justice Rajbir Sehrawat of Punjab and Haryana High Court took the unprecedented step of venturing an in-depth analysis of constitutionality of the provisions of NDPS  Act, which puts several arbitrary conditions on grant of bail. It was pointed out that, “On mere opposition by the Public Prosecutor, to the grant of bail to the accused, this Section casts a duty upon the Court to satisfy itself that there are reasonable grounds for believing: (A) that he is not guilty of such offence; (B) that he is not likely to commit any offence while on bail. The entire controversy in this case, is regarding the above-said two conditions.” Though the Judge did not hold that the provision is unconstitutional, as he was only considering a bail application, he made several observations in the judgment to the effect that it is discriminatory, irrational and defy human logic which certainly cannot be lightly dismissed!

                   Bail under NDPS

                                  To be sure, the bail provision under Narcotic Drug and Psychotropic Substances (NDPS) Act as contained in Section 37 reads as: “No person accused of an offence punishable for offences involving commercial quantity shall be released on bail or on his own bond unless (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.”

                                     Needless to say, it was observed by Justice Rajbir Sehrawat that, “Under Indian Constitution as well, the persons/citizens have been given certain rights which are fundamental to the human existence. Out of those, right to life and liberty guaranteed by Article 21 of the Constitution of India is one such right, which is considered to be of such immense importance that it cannot be suspended even for the sake of or under the other provisions of the Constitution itself still effort is made by the State to regulate even this right of the individual citizen, in the name of the ‘interest of society’ or the existence of the State. One such aspect of such Regulation of right of the individual to life and liberty is; providing for the person alleged to have committed an offence to be kept in custody; and the prohibitive conditions for release on bail. Hence, there has been continuous debate on the right of individual not to be kept in custody during pendency of the trial and the privilege of the State to keep him in custody and to prescribe rigorous conditions for his release on bail, if at all he can be. The present case also involves the same struggle between the individual’s right to life and liberty and the might of the State as reflected in the conditions prescribed under Section 37 of Narcotic and Psychotropic Substances Act for release on bail.”  

                         Background

                               Before proceeding ahead, let us first and foremost understand the background and facts of this present case as explained in the initial part of the judgment itself. The facts of the present case are that the FIR No. 35 dated 22.03.2017 was registered under Section 22 of Narcotic Drugs and Psychotropic Substances Act at Police Station Kartarpur, Jalandhar (Punjab). The allegation as contained in the FIR against the petitioner was that on 22.03.2017, ASI Gurnam Singh of Police Station Kartarpur, Jalandhar, along with other police officials was present at Bholath Road; near Maliyan Turning of the road; in the area of Kartarpur; in connection with patrol duty and checking for the bad elements. Then the petitioner was allegedly seen by the police party coming from the side of Maliyan; on foot. On seeing the police party, the petitioner tried to turn back. This led the Police to have suspicion upon the petitioner. Therefore, the petitioner was apprehended by the Police Party. On being apprehended, the petitioner was told that the above said ASI suspected that the petitioner was carrying some intoxicating substance and that he was required to be searched. Therefore, the petitioner was allegedly, given an option whether he wanted to be searched in presence of some gazette officer or a Magistrate. The petitioner is alleged to have reposed faith in the above said ASI Gurnam Singh and expressed no objection to his search by the Police Party present on the spot. The Police, allegedly, made effort to join some independent person in the process but none came forward. Therefore, the search of the person of the petitioner was conducted by the said ASI Gurnam Singh. During the search, a plastic container containing 300 grams of intoxicating powder was allegedly recovered from the back pocket of pant/lower worn by the petitioner. The same was sealed into parcel and taken into possession. Accordingly, the above said FIR was registered on the basis of writing sent to the Police Station by the abovesaid ASI Gurnam Singh. As per the allegations, the sample of the seized material was sent to Chemical Examiner and as per the report of the Chemical Examiner, Alprazolam was found in the sample. Accordingly, the petitioner was kept in custody.

                                   In a strong rebuttal of the police version, the petitioner has asserted that he is a law abiding citizen and that he has been roped in a false case, to increase the statistics of the Police; during the special drive launched against the Narcotics. In fact, there was no recovery from the petitioner nor was he arrested from the spot, as claimed by the Police. The petitioner was picked up by the Police from his locality on 19.03.2017 from near the place of worship of Peer Di Jagah; in the presence of his brother Lalit Kumar and he was brought to the Police Station and illegally detained there. Subsequently, the petitioner was involved in the present false case by the Police.

                                  Be it noted, the petitioner had filed an application for releasing him on bail pending trial before the Special Judge, Jalandhar. However, the Court of Special Judge, Jalandhar dismissed the bail application filed by the petitioner by observing that the petitioner was found in conscious possession of 300 grams of intoxicating powder. Hence, in view of the rigour of Section 37 of NDPS Act, he was hold to be not entitled to the bail. However, a perusal of the order passed by the Special Judge shows that the Special Judge has adverted to only the condition mentioned in Section 37(1)(b)(ii), in so far as it has expressed itself, to say that the petitioner was found in conscious possession of the intoxicating material. However, as further required under Section 37(1)(b)(ii), the Special Court has not recorded its satisfaction for believing whether the petitioner is likely to commit any offence or not while on bail. However, recording of this satisfaction by the Special Court may not be necessary because the Special Court has not released the petitioner on bail, rather it has dismissed the bail application filed by the petitioner.

                               Of course, feeling dissatisfied with the order passed by the Special Court and to secure his liberty, the petitioner has preferred the present application under Section 439 CrPC for grant of bail, pending trial in the above said case.

 
                     The Contentions

                                        As it turned out, while arguing the bail applications, the counsel for the accused made a submission before the Bench that any other citizen, the accused is also entitled to be considered for grant of bail under more liberal provisions of Section 439 of CrPC. It was further contended that applying strict provisions of Section 37 of NDPS Act is a discrimination with him. Relying on recent judgment of the Supreme Court in  Nikesh Tarachand Shah vs Union of India and another, it was contended that a similar provision as contained in Section 45 of the Prevention of Money Laundering Act, 2002 has been held to be unconstitutional by holding that the importance of the ‘object’ of the Act cannot be made a ground to trample the right of life and liberty guaranteed to the petitioner under Article 21 of the Constitution of India.

                                  While arguing the case, the learned counsel for the petitioner has repeated the arguments mentioned above; to the effect that the petitioner was picked up by the Police three days in advance and he was framed in a false case. It was further pleaded that the petitioner is not involved in this case at all. The recovery against the petitioner has been concocted by the Police. The Police have not followed the procedure prescribed under Section 50 of NDPS Act, as required by the law as laid down by the Courts in several judgments. No Magistrate or gazetted Officer was actually called on the spot, nor is even shown to have been so called by the Police. No independent witness is joined by the Police at the time of search. Therefore, the safeguard provided for by the Act; under Section 51 of the Act; has also been disregarded by the Police. All these violations have been committed by the Police for the simple reason that had the Police complied with these provisions, the Police would not have been able to frame the petitioner in this false case. It is further contended by the counsel for the petitioner that earlier also, the petitioner was involved in a false case. However, in that case, the petitioner was acquitted by the Special Court; vide its judgment dated 05.04.2017. In fact, the petitioner has never indulged in dealing with the Narcotics at all. Counsel has further submitted that the petitioner has been in custody since 22.03.2017 and despite passage of about one and half years, the prosecution has examined only three witnesses. So, the trial is likely to take a long time. Therefore, the petitioner is entitled to be released on bail pending trial.


Discriminatory In View Of Nikesh Tarachand Shah Ratio

                                    Simply put, on the contention based on Supreme Court judgment in Nikesh Tarachand Shah, the Court observed that in the said case, one of the grounds for holding the provision of Section 45 of Money Laundering Act, 2002 as unconstitutional was that there was no prohibition in the Money Laundering Act for grant of anticipatory bail. It was observed in the said case that a person could be granted anticipatory bail under Section 438 CrPC without adverting to the conditions prescribed under Section 45 of Money Laundering Act and he can continue on bail without the Court recording its satisfaction qua the conditions prescribed under Section 45 of the Money Laundering Act.

                                          It cannot be lost on us that the Court said quite clearly and convincingly that, “However, if a person is somehow arrested then he cannot be released on bail except after recording of the satisfaction by the Court as to the conditions specified in Section 45 of the Money Laundering Act. Therefore, the conditions prescribed under Section 45 of the Money Laundering Act were held to be discriminatory and arbitrary. In the present case also, there is no prohibition under NDPS Act for grant of anticipatory bail.”

                                    Going forward, the Court further said that, “Therefore, a person can get the anticipatory bail irrespective of compliance or consideration of conditions prescribed under Section 37(i)(b)(ii), whereas, if a person is arrested, he cannot be granted bail unless the Court records its satisfaction as to the conditions prescribed under the above said clause of Section 37 of NDPS Act. This can also lead to a thoroughly absurd situation, taking for example, the case of a person who, at initial stage, is just named as an accomplice in a case under the NDPSA Act, without there being anything else against him in the FIR; but his co-accused being arrested with commercial quantity.  

            No Court can record a satisfaction and belief about guilt of an accused at the stage of grant of bail

                                    As things stood, the Court observed that the mandatory requirement of the satisfaction of the Court, at the stage of grant of bail, qua the petitioner not being guilty of such an offence militates against the presumption of the innocence of the accused till he is proved guilty. It said plainly that, “This language also creates an inconsistency in itself, because if a Court granting bail records a satisfaction that there are reasonable grounds for believing that the petitioner is ‘not guilty’ of such an offence then this may, at least to some extent, foreclose the option of the trial Court for holding that the petitioner ‘is guilty’ of such an offence although this may or may not be the intention of the legislature, as observed by the Hon’ble Supreme Court. But the language of Section 37(1)(b)(ii) says so in so many words. As per this language, the “reasonableness” is required only qua existence of grounds for belief of Court but the belief of the Court, as such qua the accused being not guilty is to be unqualified. No Court can record a satisfaction and belief that a person is ‘guilty’ or ‘not guilty’ of the offence at the stage of grant of bail. What is required to be done after a full fledged trial of an accused cannot be sought to be considered and recorded at the initial stage of trial.”   

                Uncontrolled, undefined and unlimited discretion of the Public Prosecutor impinging upon the power of the Court to freely decide the question of bail

                                          More importantly, the Court noted that Section 37(1)(b)(ii) makes the application of the conditions mentioned in this provision to be applicable only if the Public Prosecutor so desires. It observed scathingly that, “As per the language of this Section where the Public Prosecutor does not oppose the bail application then Court is not required to apply its mind for arriving at a satisfaction and belief as prescribed in Section 37(1)(b)(ii), despite the fact that the quantity of contraband involved may be many times more than the commercial quantity. So the application of the conditions mentioned in Section 37(1)(b)(ii) becomes the dependant upon the uncontrolled, undefined and unlimited discretion of the Public Prosecutor. This discretion of Public Prosecutor, besides, impinging upon the power of the Court to freely decide the question of bail to the accused, renders the entire process as liable to be discriminatory and un-informed, because Court cannot ensure that the Public Prosecutor has the necessary expertise or sincerity to the cause to take a proper decision, as to taking objection qua bail to the accused.”

        Granting bail would tantamount to quashing charge

                                    Truth be told, another interesting dichotomy that was illustrated by the Court points out that, “While granting bail as per provisions of Section 37(1)(b)(ii), the Court would be required to record, at least, the prima facie, or more than prima facie, satisfaction that the accused is not guilty of the offence alleged against him. And this satisfaction has to be recorded by the Court with reference to the material on record. Whereas at the stage of framing of charge on the basis of same material and record, the Court is to arrive at a prima-facie satisfaction that such a person has committed such offence. In that situation, the accused would be entitled to get the charge quashed, moment he is granted bail by recording satisfaction of the Court as required under Section 37(1)(b)(ii). The accused as a person having protection of legal justness, fairness and rationality can very well put a poser to the Court as to how the Court is restricting its satisfaction to purpose of bail only; despite the satisfaction and belief of the Court being based on the same record and the same being reasonable, and in a given case; even the Court being the same.”

     Humanly impossible for the court to arrive at reasonable satisfaction qua possible future conduct and mental state of an accused

                                        In essence, the Court found fault with the provision which requires the Court to be satisfied that there are reasonable grounds for declaring that the accused is not likely to commit ‘any offence’ while on bail. The Judge rationally observed that, “Moreover, a Court of law would always be well advised to keep in mind that ‘prophesy is not thy domain’. No Court, howsoever trained, can be “reasonably” satisfied that a person would not commit any offence, maybe even under NDPS Act, after coming out of the custody. It can only be a guess-work, which may or may not turn out to be correct. However, it is not the guess-work which is mandated, but it is “reasonable satisfaction”.

                               Truly speaking, it was further observed that, “By extension of any human logic, it cannot be said that the Court can record, any degree of satisfaction, based on some reasonable ground, as to whether a person would commit an offence or whether he would not commit an offence after coming out of the custody. Neither the Court would be able to record a satisfaction that the accused would, likely, commit the offence after coming out of the custody, nor would the Court be able to record a satisfaction that the accused would not commit any offence after coming out of the custody. Hence, the second part of Section 37(i)(b)(ii) requires a humanly impossible act on the part of the court. Since the second part of Section 37 (1)(b)(ii) requires a satisfaction of the Court, which is impossible by extension of any human logic, therefore, this is an irrational requirement. There is no rational way for a Court to record its satisfaction or to arrive at this satisfaction qua possible future conduct and mental state of an accused. Any record relating only to the past conduct of a person cannot be reasonably made a basis for future reasonable prediction, as against the guess work, regarding the possible mental state or possible conduct of that person. Even the sophisticated statistical tools of factorization, based on common minimum behavioural factors in large number of people, are still struggling to find a credible answer in this regard.”

                                         Not stopping here, the Court further observed that, “Though it has been held in various judgments that unless the Court so applies its mind and arrive at a satisfaction qua the conditions prescribed by Section, the Court cannot grant bail to an accused, but in none of the judgments, any adequate determining principles have been spelled out for the Court to be guided with, in exercise of such a power qua further possible events. In fact, there can be none, if the Court is to record this satisfaction in a ‘reasonable’ manner and on the basis of the ‘available record’ only; and it is not to delve into a pure guess-work. And if the adequate determining principles are not prescribed or decipherable under that Act or cannot be gathered even by human logic then such a procedure has to be treated to be an irrational, undue and unfair procedure for the purpose of inviolability of the right to life and liberty of an individual.”    

           Past conduct of a person cannot be reasonably made a basis for future reasonable prediction

                                   In hindsight, the Punjab and Haryana High Court also very rightly said that any record relating only to the past conduct of a person cannot be reasonably made a basis for future reasonable prediction, as against the guesswork, regarding the possible mental state or possible conduct of that person. It unerringly held that, “It can occur to mind that if a person is a first offender then he is not likely to commit an offence again or that if a person has committed, say; ten offences then he is more likely to commit offence again. But it has to be kept in mind that the second, third, fourth and the Nth offence is always committed by an accused only after first, having committed the first offence. Likewise, there cannot be any ‘reason’ and, therefore, the ‘reasonable ground’ to believe that if a person has committed ten offences; he is again likely to commit the offence. Examples galore in daily life when a criminal calls it a day, say, after 10th crime also. After all scriptures do tell us as to how Balmiki turned into a “Maharishi” and created that Epic, which became a treatise of one of the biggest religion of the world.”

                              Bail Granted

                         All said and done, after considering all the facts of the case, the Judge observed that there are reasons to come, to a prima-facie, but reasonable satisfaction that the accused is not involved in the crime alleged in the present case. Granting bail to the accused, the Punjab and Haryana High Court observed that, “But, so far as second part of Section 37(1)(b)(ii), i.e. regarding the satisfaction of the Court based on reasons to believe that the accused would not commit ‘any offence’ after coming out of the custody, is concerned, this Court finds that this is the requirement which is being insisted by the State, despite the same being irrational and being incomprehensible from any material on record. As held above, this Court cannot go into the future mental state of the mind of the petitioner as to what he would be, likely, doing after getting released on bail. Therefore, if this Court cannot record a reasonable satisfaction that the petitioner is not likely to commit ‘any offence’ or ‘offence under NDPS Act’ after being released on bail, then this Court, also, does not have any reasonable ground to be satisfied that the petitioner is likely to commit any offence after he is released on bail. Hence, the satisfaction of the Court in this regard is neutral qua future possible conduct of the petitioner. However, it has come on record that earlier also, the petitioner was involved in a case, but he has been acquitted in that case. So his antecedents are also clear as of now. Moreover, since this Court has already recorded a prima-facie satisfaction that petitioner is not involved even in the present case and that earlier also the petitioner was involved in a false case, then this Court can, to some extent, venture to believe that the petitioner would not, in all likelihood, commit any offence after coming out of the custody, if at all, the Court is permitted any liberty to indulge in prophesy.” Therefore, the petitioner was ordered to be released on bail during trial.   


Courtesy/By: Sanjeev Sirohi  |  31 Aug 2018     Views:3136

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Introduction to Child Rights in India...
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RIGHTS OF TRANSGENDER IN INDIA...
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CORPORATE GOVERNANCE...
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NOTE ON NIRBHAY CASE CONVICTS...
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Rape and Indian laws ...
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An overview on Drugs Law...
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Women Prisoners ...
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Child Care Institutions and its Judicial Interpret...
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Government Vs Opposition on the Citizenship Amendm...
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Montesquieu’s Theory of Separation of Powers: Ho...
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JUDICIAL REVIEW AND JUDICIAL OVER-REACH: TRANSITIO...
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Due Process Of Law For Rapists Must Speed Up Now...
10 Dec 2019     Views:1942
Human Rights Of Women Must Also Be Respected...
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Speedy Capital Punishment For Rapists Must Be Ensu...
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Why Only One Dhananjoy Chatterjee Hanged Till Now?...
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Why No Death Penalty For Gang Rape In India?...
07 Dec 2019     Views:1700
Rape Convicts Must Be Hanged At The Earliest From ...
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No Mercy Petition And No Life Term Ever For Gang R...
02 Dec 2019     Views:2034
Section 207 CrPC: Magistrate Cannot Withhold Any D...
02 Dec 2019     Views:3416
UP Bar Council Chairman Harishankar Singh Openly C...
17 Nov 2019     Views:2279
AN UNDERSTANDING OF PRESIDENT’S RULE UNDER ART 3...
13 Nov 2019     Views:4092
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Justice Sharad Arvind Bobde To Be The New CJI From...
31 Oct 2019     Views:2360
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29 Sep 2019     Views:1781
Right To Access Internet Is Part Of Right To Priva...
23 Sep 2019     Views:1814
No Attempt Made To Frame Uniform Civil Code Despit...
19 Sep 2019     Views:1733
A Legal Giant Named Ram Jethmalani Finally Passes ...
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Judicial Service – HC Can’t Modify/Relax Instr...
02 Sep 2019     Views:1399
Government Notifies Strict Provisions Of Motor Veh...
31 Aug 2019     Views:1515
NDPS: Reverse Burden Of Proof Does Not Absolve Pro...
30 Aug 2019     Views:2378
Institutional Independence, Financial Autonomy Int...
28 Aug 2019     Views:1447
A Legal Luminary And A Political Stalwart Passes A...
25 Aug 2019     Views:1678
Allahabad HC Bans DJs And Passes Directions For Re...
24 Aug 2019     Views:1425
Delhi HC Refuses Anticipatory Bail To P Chidambara...
23 Aug 2019     Views:1643
Chidambaram Getting No Respite From Courts...
23 Aug 2019     Views:1356
Domestic Violence And Dowry Accused Set Free By Th...
22 Aug 2019     Views:4766
Bombsy HC: Treat every citizen with dignity...
20 Aug 2019     Views:4960
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20 Aug 2019     Views:2462
Second Appeal Not To Be Dismissed Merely On The Gr...
18 Aug 2019     Views:1525
Judge Can Recuse From A Case At His Own Volition, ...
17 Aug 2019     Views:1629
Don't politicize demolition of temples: SC...
16 Aug 2019     Views:5020
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16 Aug 2019     Views:4626
Charged for employing triple talaq...
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Earlier Convicted now Acquitted - Lack of Conclusi...
15 Aug 2019     Views:2309
MACAD Scheme to be enforced in Tamil Nadu - 1st Oc...
15 Aug 2019     Views:2222
Filing Of Criminal Complaint For Settling Civil Di...
15 Aug 2019     Views:1659
End Discrimination: Equalize legal age of Marriage...
14 Aug 2019     Views:1513
Madras HC issues directions upon Officers to check...
14 Aug 2019     Views:2043
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14 Aug 2019     Views:1540
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13 Aug 2019     Views:2114
US Citizen approaches Bombay High Court After Bein...
13 Aug 2019     Views:1739
Normalcy need not be restored in J&K instantly : S...
13 Aug 2019     Views:1650
Prohibitory Steps taken against Students for Consu...
13 Aug 2019     Views:1640
Basic Amenities to Traffic Personnel ...
12 Aug 2019     Views:1473
Madras HC upholds the appointment notification of ...
12 Aug 2019     Views:1574
Plea against E-pharmacies struck down by Bombay HC...
12 Aug 2019     Views:1575
Parliament Rightly Makes Triple Talaq Criminal But...
12 Aug 2019     Views:1541
No Tax Deduction from Motor Accident Compensation ...
11 Aug 2019     Views:1672
Delhi HC: Plant 50 Trees, Quash Criminal Proceedin...
11 Aug 2019     Views:1512
Iyal Isai Nataka Mandram should abide by the time ...
11 Aug 2019     Views:1750
Transitory Committee to be formed for Indian Arche...
11 Aug 2019     Views:1522
Outlawing Of Triple Talaq Is Highly Commendable...
11 Aug 2019     Views:1508
Daring Resolve Taken By Centre On Jammu And Kashmi...
10 Aug 2019     Views:1455
M Kavitha’s suspension to be reviewed...
09 Aug 2019     Views:2164
SC: Adverse Possession owing to Title over Propert...
09 Aug 2019     Views:1610
Regulation of Online streaming contents out of the...
09 Aug 2019     Views:1528
Constitution Cannot Be Above Country Come What May...
09 Aug 2019     Views:1552
Ocean waves to be our new energy source...
08 Aug 2019     Views:1950
Delhi HC: Simple language to be incorporated in FI...
08 Aug 2019     Views:1866
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08 Aug 2019     Views:1398
Victim Has A Right To Assist The Court In A Trial ...
08 Aug 2019     Views:2999
Study of Lakes to be Conducted by NEERI...
07 Aug 2019     Views:1810
SC Denies Permission to Conduct DNA Tests...
07 Aug 2019     Views:1714
Whatsapp's fight against interference with User-Pr...
07 Aug 2019     Views:1524
Evidence Of A Solitary Witness In A Criminal Trial...
07 Aug 2019     Views:1580
High Court of Karnataka set aside the retirement o...
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Study of Lakes to be Conducted by NEERI...
06 Aug 2019     Views:1684
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No Room For Sympathy While Sentencing Terror Convi...
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Rejected Plea: Declaration of Vande Mataram as Nat...
05 Aug 2019     Views:1934
Madras HC corrects the computation error of Motor ...
05 Aug 2019     Views:1509
Fundamental Right To Privacy Not Absolute And Must...
05 Aug 2019     Views:1805
Diocese of Tanjore Society School gets relief from...
04 Aug 2019     Views:1717
THE TEMPLES IN KARNATAKA NO MORE BE GOVERNED UNDER...
03 Aug 2019     Views:1787
Triple Talaq legislation is challenged in the Delh...
03 Aug 2019     Views:1499
Special Olympics International Football Championsh...
03 Aug 2019     Views:1415
Concession to be given to disabled persons appeari...
03 Aug 2019     Views:2073
Bombay High Court Hears Dowry Case Involving A Civ...
03 Aug 2019     Views:1820
Karnataka High Court on the condition of Roads...
02 Aug 2019     Views:2083
SC ORDERS DEATH PENALTY IN COIMBATORE GANG-RAPE CA...
02 Aug 2019     Views:1612
RBI Changes Features Of New Currency Notes. Bombay...
02 Aug 2019     Views:1469
Interest Of Victim And Society At Large Must Also ...
02 Aug 2019     Views:1502
Abolition of Colonial Decorum in Courts...
01 Aug 2019     Views:5769
Punjab & Haryana HC Bans Use Of Loudspeakers Witho...
31 Jul 2019     Views:2329
ICJ Has Rightly Called Pakistan’s Bluff In Jadha...
26 Jul 2019     Views:1526
Review And Reconsider Conviction And Sentencing Of...
22 Jul 2019     Views:1563
Plaintiff Cannot Be Forced To Add Parties Against ...
21 Jul 2019     Views:1781
Biggest Slap By ICJ Directly Right On The Face Of ...
19 Jul 2019     Views:1483
Delhi HC Imposes Rs. 50,000 Cost On Woman For Fals...
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Non-Appointment Of Judges Affects Speedy Justice: ...
16 Jul 2019     Views:1432
Right To Get Anticipatory Bail Is Not Any Fundamen...
14 Jul 2019     Views:1801
Plea For Anticipatory Bail Not Maintainable Before...
13 Jul 2019     Views:1952
Divorce Cannot Be Granted Only On Ground Of Irretr...
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Right To Shelter A Fundamental Right; State Has Co...
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HC Cannot Reverse Acquittal Without Affording Oppo...
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Centre Is Legally Empowered To Create A High Court...
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Centre Must Now Immediately Order Creation Of HC B...
03 Jul 2019     Views:1399
UAPA: SC Dismisses PFI Leader’s Plea Seeking Dis...
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How To Record The Evidence Of Deaf And Dumb Rape V...
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Ban Advocates From Carrying Weapons Inside Court P...
26 Jun 2019     Views:2759
Enact Strict Law To Ensure Personal Safety Of Doct...
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Mere Aggressive Behaviour Of Wife Not A Ground Of ...
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Court Cannot Destroy Faith & Beliefs Of People: Ma...
07 Jun 2019     Views:1376
Insult Of Soldier In Name Of Law Is Most Disgracef...
07 Jun 2019     Views:1680
Courts Cannot Decide Eligibility And Essential Qua...
20 May 2019     Views:4970
SC Upholds Constitutionality Of Section 23 Of PCPN...
20 May 2019     Views:2750
My Unflinching Faith In CJI Stands Fully Vindicate...
20 May 2019     Views:1901
Solitary Confinement Of Death Convict Prior To Rej...
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Section 498A & 306 IPC: Incidents Which Happened M...
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Why Should UP Have Least High Court Benches In Ind...
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Successive Bail Applications Should Be Placed Befo...
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“Drop This Episode From Your Minds And Gossips...
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Is The Criticism Of In-House Procedure Justified?...
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Mere Pendency Of Civil Case Between Complainant An...
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Section 482 CrPC: HC Should Assign Reasons As To W...
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Delhi High Court Directs Government To Set Up 18 F...
20 May 2019     Views:1555
No New Appointments To Be Made From In-Service Can...
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Only Advocates Can Plead And Argue On Behalf Of Li...
09 Apr 2019     Views:3539
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SC Designates 37 Lawyers As Senior Advocates...
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Adding Additional Accused: To Invoke Section 319 C...
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SC Sets Aside Life Ban Imposed On Cricketer Sreesa...
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P&H HC Directs Protection Of Honest Officers While...
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Death Sentence Can Be Imposed Only When Life Impri...
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Lawyers Resort To Seek Unnecessary Adjournments Am...
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Even Poem Can Help Save A Death Convict From Gallo...
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Educated Woman Supposed To Be Fully Aware Of Conse...
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Jammu and Kashmir HC Upholds PM’s Employment Pac...
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Magistrate Shall Specify Whether Sentences Awarded...
23 Feb 2019     Views:2615
Mere Inability To Repay Loan Does Not Constitute C...
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Inability To Establish Motive In A Case Of Circums...
23 Feb 2019     Views:2868
Punjab & Haryana HC Issues Slew Of Directions To C...
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Court Has to Confine Itself To The Four Corners Of...
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Long Pendency Amounts To A Special Reason For Impo...
23 Feb 2019     Views:1661
Successive Applications For Recalling Witnesses Sh...
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Lieutenant General (Rtd) Cannot Be Tried In A Gene...
06 Feb 2019     Views:2553
Autonomy Of the Bar Cannot Be Taken Over By The Co...
05 Feb 2019     Views:3228
Casual Act Of Possession Over Property Does Not Co...
04 Feb 2019     Views:2470
No Authority Can Claim Privilege Not To Comply Wit...
04 Feb 2019     Views:2716
Death Sentence Only When The Alternative Option Is...
04 Feb 2019     Views:2790
SC Imposes Rs 5 Crore Penalty On A Medical College...
28 Jan 2019     Views:2063
A Judicial Officer Is Not An Ordinary Government S...
25 Jan 2019     Views:2179
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23 Jan 2019     Views:2226
Mere Allegations Of Harassment Without Proximate P...
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21 Jan 2019     Views:6698
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4 Important things to file Divorce in Chennai...
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How to get Divorce for Muslim Men ...
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Offences Under Section 307 IPC Can’t Be Quashed ...
17 Jan 2019     Views:3805
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Delhi HC Rejects AJL's Plea Against Centre's Order...
03 Jan 2019     Views:2594
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20 Dec 2018     Views:2687
Executive Magistrate Cannot Direct Police To Regis...
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20 Dec 2018     Views:1873
recheck...
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12 Dec 2018     Views:2012
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26 Nov 2018     Views:2438
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Men Too Have Right Not To Be Defamed And Denounced...
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Courts Have To Adequately Consider Defence Of The ...
26 Nov 2018     Views:1581
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Aadhaar Held Mandatory For Government Subsidies An...
26 Nov 2018     Views:1976
Legal Article Now Bar Council ID Card Is Valid Id...
01 Nov 2018     Views:2741
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01 Nov 2018     Views:2551
Devotion Cannot Be Subjected To Gender Discriminat...
23 Oct 2018     Views:3825
There Cannot Be Any Mechanical Denial Of Appointme...
23 Oct 2018     Views:2868
Rights Of Accused Far Outweigh That Of Victims, Ne...
23 Oct 2018     Views:1751
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23 Oct 2018     Views:2816
Extra-Judicial Confession Of Accused Need Not In A...
23 Oct 2018     Views:1995
Leaders Of Outfits Calling For Mob Violence Liable...
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Section 377 IPC Decriminalised Partially By Supre...
23 Oct 2018     Views:2300
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Reputation Of An Individual Is An Insegregable Fac...
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18 Sep 2018     Views:4176
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08 Sep 2018     Views:1793
Mirchpur Dalit Killings: “Atrocities Against SCs...
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03 Sep 2018     Views:2287
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31 Aug 2018     Views:3136
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28 Aug 2018     Views:2135
MP HC To Debar Members/Office Bearers Of Bar Counc...
22 Aug 2018     Views:1809
Special Squad, Police Patrolling Every 24 Hours To...
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20 Aug 2018     Views:1962
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Delhi HC Strikes Down Provisions In Law That Crimi...
13 Aug 2018     Views:2163
Delhi HC Quashes Govt Notification Revising Minimu...
09 Aug 2018     Views:2127
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07 Aug 2018     Views:2439
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04 Aug 2018     Views:2406
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04 Aug 2018     Views:1907
UK Tier 1 Entrepreneur Visa: Overview from Experts...
31 Jul 2018     Views:1999
Enact Law For Safety Of Soldiers Of Jammu And Kash...
23 Jul 2018     Views:1869
SC Advocates Creating A Special Law Against Lynchi...
23 Jul 2018     Views:3247
Matrimonial Discord Can’t Be Considered As Reaso...
23 Jul 2018     Views:3236
Uttarakhand HC Recommends Govt To Enact Legislatio...
23 Jul 2018     Views:3089
High Court Priests Cannot Refuse To Perform Religi...
23 Jul 2018     Views:2359
Uttarakhand High Court Passes String Of Directions...
23 Jul 2018     Views:1699
SC Finally Decides Master Of Roster Case...
23 Jul 2018     Views:1645
Stone Pelters And Terrorists Have No Right To Life...
23 Jul 2018     Views:2201
Remove Designations Like Police, HC, Journalist, A...
23 Jul 2018     Views:2175
Why Centre is Providing Security For Separatists B...
23 Jul 2018     Views:1938
Farmer Suicide Due To Bankruptcy Or Indebtedness: ...
05 Jul 2018     Views:4779
Every Indian Should Salute Brave Soldier Aurangzeb...
05 Jul 2018     Views:3355
Uttarakhand HC Issues Directions To Curb Drug Pedd...
05 Jul 2018     Views:2671
Have A Functional National Law University Within 3...
05 Jul 2018     Views:2262
Establish Regional Bench Of AFT In The State Withi...
05 Jul 2018     Views:1654
Cancel Licences of Drivers Using Cell Phones; Helm...
05 Jul 2018     Views:1550
Uttarakhand High Court Puts Restrictions On Noise ...
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Supreme Court To Look Into Validity Of Amended Law...
05 Jul 2018     Views:1535
Mysterious Deaths, Rapes, Malnutrition, Unsanitary...
29 Jun 2018     Views:2714
No Politics Please Over Plan To Assassinate PM Mod...
11 Jun 2018     Views:2130
Free Mentally Ill Children And Formulate Policies ...
11 Jun 2018     Views:2551
Landmark Ruling By Uttarakhand HC On Solitary Conf...
07 Jun 2018     Views:3147
Right Of Adult Couple To Live Together Without Mar...
06 Jun 2018     Views:2230
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06 Jun 2018     Views:2315
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05 Jun 2018     Views:1843
Women Governed By Muslim Personal Law Can Invoke P...
04 Jun 2018     Views:1593
Why Is BJP Not Creating More Benches In UP?...
01 Jun 2018     Views:1753
Probation Period To Count For New Civil Servants B...
01 Jun 2018     Views:3548
SC Women Lawyers Association Seeks Chemical Castra...
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SC Finally Steps In To Expedite POCSO Cases...
01 Jun 2018     Views:3000
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01 Jun 2018     Views:1523
Make BCCI A Public Body: Law Panel...
01 Jun 2018     Views:1886
Self-Styled Godman Asaram Awarded Life Until Death...
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Why Cases Withdrawn Against Stone Pelters In Kashm...
01 Jun 2018     Views:1938
A High Court Bench For West UP In Meerut Is Impera...
01 Jun 2018     Views:2131
People Of Karnataka Should Worship Congress...
01 Jun 2018     Views:1956
Delhi HC Upholds Life Term To Seven Policemen...
19 Mar 2018     Views:1666
Finance Act-2018 And Customs Act-1962 (Amendments)...
28 Feb 2018     Views:1797
Why No Death Or Life Term For Corruption?...
19 Feb 2018     Views:1581
Will Electoral Bonds Usher In Transparency?...
19 Feb 2018     Views:1536
How Long Will Lawyers Of West UP Keep Striking?...
19 Feb 2018     Views:1661
Finance Act 2018 and Customs Act 1962...
18 Feb 2018     Views:2137
Why Has Stone Pelting Been Legalised In Kashmir?...
12 Feb 2018     Views:1688
Shopian Firing: Major's Dad Moving SC For Quashing...
12 Feb 2018     Views:1609
Soldiers Have Every Legal Right To Kill Stone Pelt...
12 Feb 2018     Views:2993
Attack On Lawyers: Delhi HC Issues Notice To Delhi...
10 Feb 2018     Views:1582
Female Foeticide Must Be Punished Most Strictly...
10 Feb 2018     Views:1846
Soldiers Have Every Legal Right To Act In Self Def...
10 Feb 2018     Views:1588
New Consumer Protection Bill 2018 Will Entail More...
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CJI Brings Out A Roster To Allot Cases...
10 Feb 2018     Views:2163
Five Year Jail Term For Lalu In Third Fodder Scam ...
10 Feb 2018     Views:1684
SC Quashes All The 88 Mining Leases In Goa...
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Prevention Of Money Laundering Act -2002 (PMLA-20...
07 Feb 2018     Views:1739
Prevention Of Money Laundering Act-2002 Amended ...
04 Feb 2018     Views:2268
Prevention Of Money Laundering Act -2002 --U/S 45(...
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Prevention Of Money Laundering Act-2002 (P...
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humanity...
13 Jan 2018     Views:1545
Prevention Of Money Laundering Act-2002 PMLA...
13 Jan 2018     Views:1575
Right to Know...
05 Jan 2018     Views:2056
A STUDY OF CERTAIN DEDUCTIONS ON INCOME TAX RELATI...
29 Dec 2017     Views:2217
Enviornment protection is for saving universe...
28 Dec 2017     Views:1546
RIGHT TO PRIVACY AND STATUS OF SECTION 377, IPC, 1...
26 Dec 2017     Views:1814
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26 Dec 2017     Views:1644
LEGALITY : LEGALITY OF MARITAL RAPE...
26 Dec 2017     Views:2576
RIGHT TO PRIVACY AND DIRECTION FOR MANDATORY AADHA...
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THE PARADOX OF PLEA BARGAINING...
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JOURNEY OF EVMs AMIDST CONTROVERSIES ...
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2G Scam : The 2G Scam and much more...
26 Dec 2017     Views:2394
Kerala teen surveillance case: Invasion of Privacy...
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