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For a moratorium on death sentence -V Venkatesan

-The Hindu There is a need to identify cases in which the courts might have erred in applying the Bachan Singh principle that limits the imposition of the death penalty The Supreme Court’s five-judge Constitution Bench judgment in Bachan Singh (1980) is the source of contemporary death penalty jurisprudence in India. Its major contribution was to limit the imposition of death penalty to the rarest of rare crimes, and for laying down...

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No excuses for this error of judgment -Vidya Subrahmaniam

-The Hindu From illegal detentions to wrong convictions, India’s terror prosecution is in dire need of attitudinal overhaul Only those condemned to await their own deaths will know what it is to be suddenly blessed with the elixir of life. On November 22, two Kashmiri men found themselves lifted out of the darkness of their death row cells into light, life and liberty after the Delhi High Court set aside their convictions...

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Law and practice

-The Indian Express Apex court is seized of the IT Act’s 66A, but tightening the law may not be sufficient to prevent its misuse Thanks to a PIL, the Supreme Court has come to grips with the controversial Article 66A of the Information Technology (Amendment) Act of 2008, which has been misused to penalise political dissent. The three clauses of the section are designed to criminalise improper communications online, ranging from menacing...

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Free the people: IT Act's Section 66A, as it stands, has no place in a democracy

-The Times of India The UPA government has itself to blame for being red-faced over Section 66A of the Information Technology Act. Had it come down heavily on the law's repeated misuse, the Supreme Court wouldn't have had to step in. Last week, the apex court issued notices to the Centre and five states in connection with a PIL questioning the legal soundness of Section 66A. It sought explanations for arrests...

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Why Sibal is smarter than Rajiv Gandhi -R Balaji

-The Telegraph Take a quiz. Here are the clues. The honeymoon has soured and the great hope sunk The government is under the shadow of kickbacks allegations The government decides to call criticism “grossly indecent”, “scurrilous” and “intended for blackmail” and crucify the critics The government wants to prescribe a minimum period of jail for the critics. Now the question: Name the year and the government. That was the summer of 1988. The Rajiv Gandhi government had run...

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