-The Telegraph The Supreme Court has set aside a Manipur magistrate’s preventive detention order against a member of the banned Kanglei Yawol Kanna Lup group, saying it had been passed “casually” based on fears he might get bail. The top court ruled that such orders couldn’t be passed just because the state apprehended that an accused might get bail from normal criminal courts or because a person had been charged with a...
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‘Apprehension of bail being granted no ground for preventive detention' by J Venkatesan
Right to life and liberty cannot be taken away sans due procedure, says Supreme Court Observing that the right to life and liberty guaranteed to a citizen under Article 21 of the Constitution cannot be taken away without following due procedure, the Supreme Court has held that mere apprehension of the authorities that an accused was likely to be released on bail was not a ground for passing preventive detention orders. A...
More »Focused solutions required to clear pending cases by Bibek Debroy
-The Economic Times All of us are bothered, or should be, about interminable delays in adjudication through formal legal systems. Gypsies are believed to have originated in India and there is a gypsy curse - may you have a lawsuit in which you are in the right. In 2010, there were 54,600 cases stuck in Supreme Court, 4.18 million in high courts and 27.89 million in lower (district and subordinate) courts. Pedantic...
More »'People should suggest the way ahead for Team Anna’ by Arvind Kejriwal
The anti-corruption movement is at the crossroads today. Where do we go from here? We are conscious that a wrong decision at this stage could prove disastrous for the movement. I met Anna in hospital two days back. Most of the time, I found him in deep thought. More than his physical ailment, he is suffering from a deep sense of being cheated. He is deeply hurt. When he went to...
More »The saga of the Lokpal Bill by Prashant Bhushan
The drama in the Rajya Sabha showed that the UPA government was not willing to go even by the will of Parliament. This gives rise to fundamental questions about the functioning of Indian democracy. The year 2011 will be remembered in India as the year of the campaign against corruption and for the Jan Lokpal Bill. The campaign began in January 2011 in the backdrop of the publicity that accompanied the...
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