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  • Right To Get Anticipatory Bail Is Not Any Fundamental Right: Punjab and Haryana High Court

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Right To Get Anticipatory Bail Is Not Any Fundamental Right: Punjab and Haryana High Court

Courtesy/By: Sanjeev Sirohi  |  14 Jul 2019     Views:1788

It has to be remarked right at the outset that in a latest, landmark and laudable judgment titled Sanjiv Sharma @ Sanjeev Sharma Vs State of Haryana in CRM-M No. 21859 of 2019 delivered by the Punjab and Haryana High Court on July 3, 2019, it has been held loud and clear that right to get anticipatory bail is not any fundamental right. This sharp observation was made by the Punjab and Haryana High Court while rejecting an application filed by a man involved in a case registered under the Narcotics Drugs and Psychotropic Substances Act, 1985. Justice Rajbir Sehrawat who authored this judgment (oral) held very clearly that the statutory power of granting pre-arrest bail is so extraordinary that it is not even available in some parts of the country! Very rightly so!

                                        To start with, the ball is set rolling in the first para of this noteworthy judgment wherein it is pointed out that, “The present petition has been filed by the petitioner under Section 438 of Cr.P.C. for grant of anticipatory bail in case FIR No. 0120 dated 08-04-2019 registered under Section 15/61 Narcotics Drugs & Psychotropic Substances Act, 1985 at Police Station Naraingarh, District Ambala.”

                                 Moving on, it is then elaborated upon in the next para that, “The FIR in the present case came to be registered on the statement of Inspector Keval Singh, CIA Staff, Naraingarh in which it was stated that he had received secret information that one red coloured closed body Canter, bearing registration No. HR 68-B-8648 was standing on kacha road leading to Kala Amb towards Ruchra factory, whose driver is stopping many truck drivers on the way and he is having some kind of secret conversation with them. This led the police officers to have suspicion that the said driver was having some contraband substance in his possession. The information in this regard was sent to Mr. Amit Kumar, HPS, Deputy Superintendent of Police, Naraingarh for information. On the said secret information, the above said inspector along with his companion police officials reached the spot and on reaching there, the police party found that red coloured closed body Canter bearing registration number as stated above, was parked on the road and a person was found sitting on the driver seat. The driver was asked to come down and he disclosed his name as Ravinder Singh alias Jonku. After having been given due notice under Section 50 of the NDPS Act, the search of the vehicle was conducted in the presence of Mr. Amit Kumar, Deputy Superintendent of Police, Naraingarh. During the search, apart from some small drums which were loaded in the Canter, four plastic bags were found; whose mouth had been sealed. Out of these, two were found to be of white colour and two were of black colour. On being questioned, the said driver Ravinder Singh disclosed that these plastic bags were having poppy husk. Accordingly, the bags were  taken out from the Canter. On being weighed, total quantity of poppy husk found in these bags was 1 quintal and 60 kilograms. Samples were drawn out of that. On further questioning, the registration certificate of the Canter was found. Canter was found to be owned by one Himanshu Bhalla, resident of Panchkula. He was also joined in the investigation, from whom it came out that 200 drums were loaded in the Canter from Mumbai and were to be taken to Mukhmajra, Himachal Pradesh. Accordingly, the FIR was registered.”

                                      Going forward, it is then pointed out in the next para that, “During the investigation above said Ravinder Singh disclosed that he had got the above said poppy husk from the present petitioner. Hence, the name of the petitioner also came to be involved in this case.”

                                   To put things in perspective, it is then stated in the next para that, “While arguing the case, the learned counsel for the petitioner has submitted that, admittedly, the petitioner was not found to be present on the spot. Nothing has been recovered from him. His name has been included in the case only on the basis of the disclosure statement of the co-accused, from whom the recovery has been effected. Still further, it is submitted that police have tried to change the nature of the case, by substituting the name of the petitioner in place of some other person, who was allegedly named originally by the co-accused as the supplier of the drugs. The counsel for the petitioner has also relied upon an judgment passed by a coordinate Bench of this court in Jaz Singh versus State of Haryana, 2016 (1) RCR (Criminal) 454, to contend that since the petitioner was not found at the spot, therefore, he is entitled to grant of anticipatory bail.”

                                    On the contrary, it is then pointed out in the next para that, “On the other hand, learned counsel for the State on being instructed by SI Krishan Lal, CIA Staff, Naraingarh, submits that sufficient material has been found against the petitioner to justify his custodial interrogation. It is disputed by counsel for the State that anybody else was named by the co-accused. There was no substitution of name of the petitioner in place of somebody else. It is further submitted by counsel for the State that, in fact, the co-accused has named the supplier as Billa referring him as owner of the dhaba. The name Billa is referable only to the present petitioner and nobody else. It is also pointed out that the present petitioner has been pretending to be the owner of the dhabha to ensure that his supplies are taken in appropriate manner by the drivers of the trucks, who were having stop-over at this Dhaba. To justify the custodial interrogation, learned counsel for the State has pointed out that during the investigation conducted so far, besides the disclosure statement of the co-accused, the call details taken by the investigating officer, have also shown a connection of the petitioner with the co-accused arrested for drug trafficking in this case. Learned State counsel has pointed out that before the date of occurrence itself, the petitioner has been found to have talked with co-accused on mobile phone. Therefore, the petitioner cannot claim that he is not involved in the case. It is also submitted by learned counsel for the State that the petitioner is having another case of similar nature as well, registered against him at different police station.”

                       Simply put, the next para then states that, “To counter the arguments of learned State counsel, learned counsel for the petitioner has submitted that another case was also of the same date, as is of the present case.”

                               Most importantly, it is then very rightly underscored in the next para while holding that, “No doubt, the accused as a citizen has a fundamental right to life and liberty. However, that right to life and liberty can very well be curtailed in accordance with the procedure established by law. As per the procedure prescribed for Criminal Administration of Justice, the normal procedure for curtailing the life and liberty of the accused, Cr.P.C. prescribes that the Investigating Officer can arrest an accused even without warrant and without assistance/interference of the Court. However, to ensure that a person is not unduly harassed, the circumstances are leading, predominantly towards ex facie innocence of the accused, the Courts have been given special and extraordinary power under Section 438 Cr.P.C. This statutory power of granting pre-arrest bail is so extraordinary that it is not even available in all parts of the country; and even through-out the country qua some offences under special statutes. Hence, right to get anticipatory bail is not any fundamental right. The provision of Section 438 Cr.P.C. provides only a remedy to an accused and leaves the extent of right to liberty to be decided by the Court.”   

                        As it turned out, it is then observed in the next para that, “In the present case this court finds that a person has been arrested with a very heavy quantity of the contraband. He has specifically named the petitioner as the person who has supplied this contraband to him. There is nothing on record, as of now, to suggest that the petitioner has no connection with the said co-accused, in any manner whatsoever. Rather as per the record of the police the petitioner is alleged to have repeated contacts with the co-accused from whom the recovery is stated to have been made. Therefore, this Court does not find any mitigating circumstance, showing ex-facie innocence of the accused, qua the allegations levelled against him. Moreover, since the police claims to have collected some material relatable to the petitioner qua the offence, therefore, this court finds substance in the argument of the learned counsel for the State that the police deserve to be given an opportunity to investigate the case in the manner considered appropriate by it. Since the petitioner has been alleged to be in repeated contact with the co-accused, from whom the recovery has been made, this court finds that protecting the petitioner against his arrest at this stage would hamper the free and fair investigation of the case.”

                                      As things stand, it is then held in the next para that, “Although, the counsel for the petitioner has relied upon the judgment in the case of Jaz Singh (supra), however, this court finds that the facts of the present case are totally distinguishable as compared to the facts of the judgment in aforesaid case. In that case the positive claim of the petitioner was that he had engaged the co-accused as a driver on the truck owned by him and that driver had mis-conducted himself leading to the offence. He further argued that he was not even present at the spot when the recovery was made by the police. Beyond the fact that the person was owner of the vehicle in that case, there was nothing on record to suggest that he was involved in the offence. However, in the present case the police file contains definite incriminating material which can lead to a positive connection of the petitioner with the consignment allegedly recovered from the co-accused.”

                                In conclusion, it is then finally held in the last para that, “In view of the above, but without commenting any further on merits of the case, this court does not find any ground to grant anticipatory bail to the petitioner. Therefore, the present petition for anticipatory bail is dismissed.”

                                  All said and done, this latest, landmark and extremely commendable judgment by the Punjab and Haryana High Court seeks to make it absolutely clear that right to get anticipatory bail is not any fundamental right. At the risk of repetition, it must be again pointed out that it is emphatically asserted in this noteworthy judgment that the statutory power of granting pre-arrest bail is so extraordinary that it is not even available in some parts of the country. It is also very rightly held that it is the court which has to take the final call and decide finally on whether to grant or not to grant an anticipatory bail to the accused! There can be no denying it.


Courtesy/By: Sanjeev Sirohi  |  14 Jul 2019     Views:1788

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07 Aug 2019     Views:1794
SC Denies Permission to Conduct DNA Tests...
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Whatsapp's fight against interference with User-Pr...
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Evidence Of A Solitary Witness In A Criminal Trial...
07 Aug 2019     Views:1564
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:1668
History-sheeter kidnaps and rapes a College Studen...
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No Room For Sympathy While Sentencing Terror Convi...
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Rejected Plea: Declaration of Vande Mataram as Nat...
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Madras HC corrects the computation error of Motor ...
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Fundamental Right To Privacy Not Absolute And Must...
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Diocese of Tanjore Society School gets relief from...
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THE TEMPLES IN KARNATAKA NO MORE BE GOVERNED UNDER...
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Triple Talaq legislation is challenged in the Delh...
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Special Olympics International Football Championsh...
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Concession to be given to disabled persons appeari...
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Karnataka High Court on the condition of Roads...
02 Aug 2019     Views:2062
SC ORDERS DEATH PENALTY IN COIMBATORE GANG-RAPE CA...
02 Aug 2019     Views:1601
RBI Changes Features Of New Currency Notes. Bombay...
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Interest Of Victim And Society At Large Must Also ...
02 Aug 2019     Views:1486
Abolition of Colonial Decorum in Courts...
01 Aug 2019     Views:5752
Punjab & Haryana HC Bans Use Of Loudspeakers Witho...
31 Jul 2019     Views:2308
ICJ Has Rightly Called Pakistan’s Bluff In Jadha...
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Review And Reconsider Conviction And Sentencing Of...
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Plaintiff Cannot Be Forced To Add Parties Against ...
21 Jul 2019     Views:1758
Biggest Slap By ICJ Directly Right On The Face Of ...
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Non-Appointment Of Judges Affects Speedy Justice: ...
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Right To Get Anticipatory Bail Is Not Any Fundamen...
14 Jul 2019     Views:1788
Plea For Anticipatory Bail Not Maintainable Before...
13 Jul 2019     Views:1941
Divorce Cannot Be Granted Only On Ground Of Irretr...
11 Jul 2019     Views:1439
Right To Shelter A Fundamental Right; State Has Co...
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HC Cannot Reverse Acquittal Without Affording Oppo...
06 Jul 2019     Views:1321
Centre Is Legally Empowered To Create A High Court...
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Centre Must Now Immediately Order Creation Of HC B...
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Ban Advocates From Carrying Weapons Inside Court P...
26 Jun 2019     Views:2736
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...
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Insult Of Soldier In Name Of Law Is Most Disgracef...
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Courts Cannot Decide Eligibility And Essential Qua...
20 May 2019     Views:4926
SC Upholds Constitutionality Of Section 23 Of PCPN...
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My Unflinching Faith In CJI Stands Fully Vindicate...
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Solitary Confinement Of Death Convict Prior To Rej...
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Section 498A & 306 IPC: Incidents Which Happened M...
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“Drop This Episode From Your Minds And Gossips...
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Delhi High Court Directs Government To Set Up 18 F...
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Only Advocates Can Plead And Argue On Behalf Of Li...
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Lawyers Resort To Seek Unnecessary Adjournments Am...
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Magistrate Shall Specify Whether Sentences Awarded...
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Mere Inability To Repay Loan Does Not Constitute C...
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Inability To Establish Motive In A Case Of Circums...
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Long Pendency Amounts To A Special Reason For Impo...
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Successive Applications For Recalling Witnesses Sh...
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Lieutenant General (Rtd) Cannot Be Tried In A Gene...
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Autonomy Of the Bar Cannot Be Taken Over By The Co...
05 Feb 2019     Views:3214
Casual Act Of Possession Over Property Does Not Co...
04 Feb 2019     Views:2451
No Authority Can Claim Privilege Not To Comply Wit...
04 Feb 2019     Views:2699
Death Sentence Only When The Alternative Option Is...
04 Feb 2019     Views:2773
SC Imposes Rs 5 Crore Penalty On A Medical College...
28 Jan 2019     Views:2045
A Judicial Officer Is Not An Ordinary Government S...
25 Jan 2019     Views:2167
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Mere Allegations Of Harassment Without Proximate P...
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4 Important things to file Divorce in Chennai...
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Offences Under Section 307 IPC Can’t Be Quashed ...
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26 Nov 2018     Views:2424
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Sexual Offenders Registry For Law Enforcement Agen...
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Men Too Have Right Not To Be Defamed And Denounced...
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Legal Article Now Bar Council ID Card Is Valid Id...
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23 Oct 2018     Views:3811
There Cannot Be Any Mechanical Denial Of Appointme...
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Extra-Judicial Confession Of Accused Need Not In A...
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Mirchpur Dalit Killings: “Atrocities Against SCs...
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03 Sep 2018     Views:2263
NDPS Bail Conditions Discriminatory, Irrational An...
31 Aug 2018     Views:3114
People Without A Degree Performing Surgeries: Utta...
28 Aug 2018     Views:1861
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28 Aug 2018     Views:2341
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28 Aug 2018     Views:2122
MP HC To Debar Members/Office Bearers Of Bar Counc...
22 Aug 2018     Views:1795
Special Squad, Police Patrolling Every 24 Hours To...
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NRC Being Prepared Under Supreme Court’s Watch I...
20 Aug 2018     Views:1944
Victims Of Crime Can Seek Cancellation Of Bail: MP...
20 Aug 2018     Views:2106
Delhi HC Strikes Down Provisions In Law That Crimi...
13 Aug 2018     Views:2150
Delhi HC Quashes Govt Notification Revising Minimu...
09 Aug 2018     Views:2106
Poorest Of Poor Cannot Go To Private Hospitals: Ut...
07 Aug 2018     Views:2428
How Long Will Lawyers Of West UP Just Keep Strikin...
04 Aug 2018     Views:2391
Courts Must See That The Public Doesn’t Lose Con...
04 Aug 2018     Views:1893
UK Tier 1 Entrepreneur Visa: Overview from Experts...
31 Jul 2018     Views:1986
Enact Law For Safety Of Soldiers Of Jammu And Kash...
23 Jul 2018     Views:1855
SC Advocates Creating A Special Law Against Lynchi...
23 Jul 2018     Views:3230
Matrimonial Discord Can’t Be Considered As Reaso...
23 Jul 2018     Views:3221
Uttarakhand HC Recommends Govt To Enact Legislatio...
23 Jul 2018     Views:3065
High Court Priests Cannot Refuse To Perform Religi...
23 Jul 2018     Views:2343
Uttarakhand High Court Passes String Of Directions...
23 Jul 2018     Views:1682
SC Finally Decides Master Of Roster Case...
23 Jul 2018     Views:1634
Stone Pelters And Terrorists Have No Right To Life...
23 Jul 2018     Views:2182
Remove Designations Like Police, HC, Journalist, A...
23 Jul 2018     Views:2151
Why Centre is Providing Security For Separatists B...
23 Jul 2018     Views:1925
Farmer Suicide Due To Bankruptcy Or Indebtedness: ...
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Every Indian Should Salute Brave Soldier Aurangzeb...
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Uttarakhand HC Issues Directions To Curb Drug Pedd...
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Have A Functional National Law University Within 3...
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Establish Regional Bench Of AFT In The State Withi...
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Cancel Licences of Drivers Using Cell Phones; Helm...
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Uttarakhand High Court Puts Restrictions On Noise ...
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Supreme Court To Look Into Validity Of Amended Law...
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29 Jun 2018     Views:2693
No Politics Please Over Plan To Assassinate PM Mod...
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Free Mentally Ill Children And Formulate Policies ...
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Landmark Ruling By Uttarakhand HC On Solitary Conf...
07 Jun 2018     Views:3127
Right Of Adult Couple To Live Together Without Mar...
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Why BJP Will Be Wiped Out In West UP And UP?...
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05 Jun 2018     Views:1829
Women Governed By Muslim Personal Law Can Invoke P...
04 Jun 2018     Views:1577
Why Is BJP Not Creating More Benches In UP?...
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Probation Period To Count For New Civil Servants B...
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SC Women Lawyers Association Seeks Chemical Castra...
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SC Finally Steps In To Expedite POCSO Cases...
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UP Former CMs Can’t Stay In Govt Bungalows: SC...
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Make BCCI A Public Body: Law Panel...
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Self-Styled Godman Asaram Awarded Life Until Death...
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A High Court Bench For West UP In Meerut Is Impera...
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People Of Karnataka Should Worship Congress...
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Delhi HC Upholds Life Term To Seven Policemen...
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Finance Act-2018 And Customs Act-1962 (Amendments)...
28 Feb 2018     Views:1780
Why No Death Or Life Term For Corruption?...
19 Feb 2018     Views:1567
Will Electoral Bonds Usher In Transparency?...
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How Long Will Lawyers Of West UP Keep Striking?...
19 Feb 2018     Views:1644
Finance Act 2018 and Customs Act 1962...
18 Feb 2018     Views:2116
Why Has Stone Pelting Been Legalised In Kashmir?...
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Shopian Firing: Major's Dad Moving SC For Quashing...
12 Feb 2018     Views:1596
Soldiers Have Every Legal Right To Kill Stone Pelt...
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Attack On Lawyers: Delhi HC Issues Notice To Delhi...
10 Feb 2018     Views:1568
Female Foeticide Must Be Punished Most Strictly...
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Soldiers Have Every Legal Right To Act In Self Def...
10 Feb 2018     Views:1573
New Consumer Protection Bill 2018 Will Entail More...
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CJI Brings Out A Roster To Allot Cases...
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Five Year Jail Term For Lalu In Third Fodder Scam ...
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SC Quashes All The 88 Mining Leases In Goa...
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Prevention Of Money Laundering Act -2002 (PMLA-20...
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Prevention Of Money Laundering Act-2002 Amended ...
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Prevention Of Money Laundering Act -2002 --U/S 45(...
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Prevention Of Money Laundering Act-2002 (P...
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Prevention Of Money Laundering Act-2002 PMLA...
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Right to Know...
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A STUDY OF CERTAIN DEDUCTIONS ON INCOME TAX RELATI...
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Enviornment protection is for saving universe...
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RIGHT TO PRIVACY AND STATUS OF SECTION 377, IPC, 1...
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2G Scam : The 2G Scam and much more...
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