It was widely reported in the print media that G.D. Gautama, the Home Secretary of West Bengal, in his affidavit before the Hon’ble Calcutta High Court in the Netai killings affair, hesitantly admitted the existence of illegal armed intruders in that village while denying any knowledge of the existence of similar harmad camps elsewhere in the Jungle Mahal area. One cannot avoid applauding his gallantry in holding our national motto...
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Retooling laws for justice by KS Jacob
Many Indian laws do not reflect modern and enlightened concepts of justice and require major revision. The recent campaign in support of Dr. Binayak Sen has received much publicity. The mainstream media has enunciated his cause and dissected the evidence, conviction and judgment. Amnesty International argued that the case violated international standards for a fair trial. While Dr. Sen's conviction has received much attention, there is a need to foreground the...
More »Mere membership of banned outfit won't attract criminal action: court by J Venkatesan
Be wary of torture-induced confessions before police Mere membership of a banned organisation will not make a person criminal unless he resorts to violence or incites people to violence or creates public disorder by violence or incitement to violence, the Supreme Court held on Thursday. A Bench of Justices Markandey Katju and Gyan Sudha Misra gave this ruling, setting aside a designated court judgment which convicted Arup Bhuyan under Section 3 (5)...
More »Arbitrary detention, torture of terrorism suspects in India: HRW by Dharitri Bhattacharjee
"When I asked my son if he was tortured, he said, 'They were hardly going to treat me with love...They used to make us memorize the police version of the case. We were not allowed to sleep until we could recite that version.' " These words by Nisar Ahmed are an excerpt from the106-page report released yesterday, by Human Right Watch titled, "The 'Anti-Nationals': Arbitrary Detention and Torture of Terrorism...
More »Prisoner of conscience by V Venkatesan & Ajoy Ashirwad Mahaprashasta
The trial court judgment holding Binayak Sen guilty of sedition has led to widespread outrage. IN India's legal history, no trial court judgment in a criminal case has perhaps caused as much international outrage as the December 24, 2010, judgment of the Second Additional District and Sessions Judge of Raipur, B.P. Verma, did. In his 92-page judgment, Judge Verma convicted Dr Binayak Sen, the well-known human rights activist and medical...
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